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02-28-2023 City Council Regular Meeting Packet City of Grand Island Tuesday, February 28, 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 - 2/28/2023 Page 1 / 210 City of Grand Island Tuesday, February 28, 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 - Pastor Jeremy Reagen, Solid Rock Baptist Church, 3221 West 13th Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 2/28/2023 Page 2 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item C-1 Recognition of Grand Island Senior High Boys Bowling Team for Class "A" State Championship The Mayor and City Council will recognize the Grand Island Senior High Boys Bowling team and coaches for their Class "A" State Championship 2023 win. Also, special recognition will be given to Kaden Kuusela for his State Singles Championship. Congratulations to the Islanders for an outstanding season. Team members: Kaden Kuusela, Jett Hennings, Brayden Lee, Austin Sinsel, Cody Cadwalader, Broc Cramer, and Ramsey Rathjen. Coaches Paul Lee and Brad Earnest. Staff Contact: Mayor Roger Steele Grand Island Council Session - 2/28/2023 Page 3 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item C-2 Presentation by Central Community College for Infrastructure Funding Staff Contact: Laura McAloon Grand Island Council Session - 2/28/2023 Page 4 / 210 Council Agenda Memo From:Laura D. McAloon, Interim City Administrator/City Attorney Meeting:February 28, 2023 Subject:Presentation by Central Community College Presenter(s):Dr. Matt Gotschall, College President Background On September 20, 2022, Central Community College (CCC) presented its preliminary plan for improvements at the Grand Island campus and indicated interest in partnering with the City on the cost to install certain infrastructure improvements. Discussion The Administration has asked Dr. Gotschall to present a more detailed cost estimate and request for infrastructure funding. Tonight’s presentation will provide that detailed information and a letter from Dr. Gotschall is included in your agenda packet. The requested amount is $500,000 plus a potential for an additional $50,000 contribution to the Grand Island campus. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Provide direction to staff on the preparation of a future action item regarding the request. 2.Take no action. Grand Island Council Session - 2/28/2023 Page 5 / 210 Grand Island Council Session - 2/28/2023 Page 6 / 210 Copyright © 2021 www.WilkinsADP.com Central Community College Grand Island FACILITIES STUDY Project Number: 1964 CENTER FOR HEALTH & TECHNICAL SCIENCES MAIN BUILDING ADMINISTRATION FUTURE FUTURE FUTURE FUTURE FUTURE F U T U R E 500 WINGHEALTH SCIENCE10"10"10"10" 10" 12"12"12"12"15"6"3"4"6"6" 8" 6" 6"6"8"8"8"8"6" 6" EXISTING MANHOLE EXISTING FIRE HYDRANT PROPOSED FIRE HYDRANT 12"12"18"12" 24" 10"10"24"24"EXISTING SANITARY PIPE PROPOSED SANITARY PIPE EXISTING WATER PIPE PROPOSED WATER PIPE EXISTING STORM PIPE TIE EX. SS TO NEW MAIN AND REMOVE EXISTING SANITARY SEWER UNDER FUTURE BUILDING CONNECT TO EXISTING 12" WATER PIPE CONNECT TO EXISTING MANHOLE CONNECT TO EXISTING 8" WATER PIPE RE-ROUTE EXISTING SANITARY SERVICE INTO NEW SANITARY MAIN EXISTING GEOTHERMAL WELL FIELD 36" 36" 24 " EXISTING FIBER EXISTING GEOTHERMAL WELL FIELD PROPOSED FIBER FIBER BLDG Grand Island Council Session - 2/28/2023 Page 7 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item E-1 Public Hearing on Request from Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street for a Class "CK" Liquor License Council action will take place under Consent Agenda item G-2. Staff Contact: RaNae Edwards Grand Island Council Session - 2/28/2023 Page 8 / 210 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:February 28, 2023 Subject:Public Hearing on Request from Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street for a Class “CK” 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 Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street has submitted an application for a Class “CK” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale inside the corporate limits of the city. A Class “K” Liquor License allows for catering one day events. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 2/28/2023 Page 9 / 210 Also submitted was a request for Liquor Manager Designation for Angela Dowd, 2140 2nd Avenue, Boelus, Nebraska. Ms. Dowd has not completed a state approved alcohol server/seller training program. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Angela Dowd, 2140 2nd Avenue, Boelus, Nebraska contingent upon completing a state approved alcohol server/seller program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street for a Class “CK” Liquor License contingent upon final inspections and Liquor Manager Designation for Angela Dowd, 2140 2nd Avenue, Boelus, Nebraska contingent upon completing a state approved alcohol server/seller program. Grand Island Council Session - 2/28/2023 Page 10 / 210 02/20/23 Grand Island Police Department Officer Report for Incident L23021263 Nature: Liquor Lic Inv Address: 116 3RD ST W; THE CHOCOLATE BAR Location: PAOS Grand Island NE 68801 Offense Codes: Received By: Dvorak T How Received: T Agency: GIPD Responding Officers: Dvorak T Responsible Officer: Dvorak T Disposition: CLO 02/20/23 When Reported: 15:28:17 02/17/23 Occurred Between: 15:28:17 02/17/23 and 15:28:17 02/17/23 Assigned To: Detail: Date Assigned: **/**/** Status: Status Date: **/**/**Due Date: **/**/** Complainant: Last: First: Mid: DOB: **/**/**Dr Lic: Address: Race: Sex: Phone: City: , Offense Codes Reported: Observed: Circumstances LT21 LT21 Restaurant Responding Officers: Unit : Dvorak T 309 Responsible Officer: Dvorak T Agency: GIPD Received By: Dvorak T Last Radio Log: **:**:** **/**/** How Received: T Telephone Clearance: CL CL Case Closed When Reported: 15:28:17 02/17/23 Disposition: CLO Date: 02/20/23 Judicial Status: Occurred between: 15:28:17 02/17/23 Misc Entry: and: 15:28:17 02/17/23 Modus Operandi: Description : Method : Involvements Date Type Description Grand Island Council Session - 2/28/2023 Page 11 / 210 Officer Report for Incident L23021263 Page 2 of 5 02/20/23 02/17/23 Name Dowd, Angela M owner/manager 02/17/23 Name Croot, Mark W spouse 02/17/23 Name The Chocolate Bar, location Grand Island Council Session - 2/28/2023 Page 12 / 210 Officer Report for Incident L23021263 Page 3 of 5 02/20/23 Narrative 309 Liquor License Investigation Angela Dowd recently purchased The Chocolate Bar. A new LLC, which is wholly owned by Dowd, was formed to operate the business. Simple Kitchen LLC has applied for a Class C; beer, wine and distilled spirits on and off sale, with a Class K endorsement; catering, new liquor license at The Chocolate Bar. _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Grand Island Council Session - 2/28/2023 Page 13 / 210 Officer Report for Incident L23021263 Page 4 of 5 02/20/23 Supplement 309 Chocolate Bar Grand Island Police Department Supplemental Report Date, Time:2-17-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID Angela Dowd, through her limited liability corporation Simple Kitchen LLC, has purchased the existing business The Chocolate Bar. Dowd has applied for a new Class C Liquor License; beer wine and distilled spirits on and off sale; with a Class K licensing endorsement for her catering business. I noted that Dowd has recently held a Nebraska Liquor License, which was granted when she owned and operating Dreisbach's Catering on N Webb. Lieutenant Vitera performed that background check, which found no limiting information, in June 2012. For this background check, I did not go back past that date. Angela Dowd lists her husband as Mark Croot. It appears that Croot has no ownership of the LLC or business, but he did not complete a Spousal Affidavit of non involvement. I checked local Spillman files, State NCJIS files, and a paid law enforcement only database. Both Dowd and Croot list an address in Boelus, and indicate they have resided in the Grand Island area since 2013. I first noted that neither Dowd nor Croot have active warrants for their arrest. In local files, I found no entries of concern for either. In State files, I found that Dowd was arrested for a DUI in 2013. This conviction was disclosed on the application, as were other minor traffic violations. I found nothing else of interest in Dowd or Croot's Nebraska background files. The law enforcement only website generally covers matter of a civil nature, such as bankruptcies liens and civil judgement. Dowd filed for bankruptcy in 2014, but shows that it was taken care of, and discharged, in the same year. I found no other questionable entries for either subject, and no information that would prevent Dowd or Croot from obtaining a liquor license. NSP Investigator Suchsland and I met with Angela, at The Chocolate Bar, on 2-17-23. Dowd said she plans to continue the concept of the business much as it has been run since open, with alcohol being an additional option for her customers, and not the primary business model. She said there is already some surveillance cameras in the building, and she plans to install more outside in the front al fresco area. Angela and I discussed cooperation with GIPD, and concerns with various violations that are sometimes observed. I found nothing in my background checks that would prevent Simple Kitchen LLC from obtaining a Class C, with Class K endorsement, for Angela Dowd as the new owner/manager of The Chocolate Bar. Grand Island Council Session - 2/28/2023 Page 14 / 210 Liquor License Application:Class “CK”: Chocolate Bar ! ! ! ! ! ! ! ! !!!!! ! ! ! ! !! ! ! ! ! ! !! ! ! ! ! ! ! ! ^_ K oenig St W Locust St SClark St S Cle b urn St S 2nd St E9th St W C e d ar St S Oak St SE d d y St S Kimball Ave SY u n d S tSycamore St SW alnut St S 1st St E4th St E5th St ESouth Front St ESouth Front St W North Front St EC harles St W El m St S C e d ar St N 2nd St W 1st St W3rd St W Division St W 3rd St E7th St W8th St W Division St E6th St E6th St W 4th St W5th St W North Front St W 7th St EKi m b all A v e N Wh e eler A ve S E d d y St N Vin e St S W h e eler A v e N Pin e St N Plu m St N Vin e St N El m S t N L o c u st St N Cle b urn St N O a k S t N Waln ut St N S y c a m ore St N Court St E Charles St E Koenig St E Ashton Ave E UPRR Dr Pine St S116 3RD ST W ¯ Legend ^_116 3RD ST W !Licensed Locations Road Centerlines1 inch = 500 feet Grand Island Council Session - 2/28/2023 Page 15 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item E-2 Public Hearing on Request from Wish Nebraska, Inc. for a Conditional Use Permit to allow for an 88’ Monopole located at 1515 East 4th Street Council action will take place under Requests and Referrals item H-1. Staff Contact: Craig Lewis Grand Island Council Session - 2/28/2023 Page 16 / 210 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:February 28, 2023 Subject:Request of Wish Nebraska Inc. for Approval of a Condition Use Permit to Construct a Telecommunication Tower at 1515 E. 4th Street Presenter(s):Craig Lewis, Building Department Director Background This is a request to allow for the construction of an 80 foot monopole telecommunication tower with an 8’ lighting rod attached to the top for a total height of 88’ at 1515 E. 4th Street. The property is currently zoned M-2 Heavy Manufacturing, the Grand Island Zoning Code requires that all telecommunication towers receive the approval of City Council in the form of a conditional use permit prior to construction. The intent of the tower and telecommunication facilities and antenna regulations are to protect residential areas and land uses from the potential adverse impact of the installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers, and to ensure that towers and antennas are compatible with the surrounding land uses. Discussion The City code specifies eight items to be submitted with the application for a tower development permit, all of those items have been submitted, with the exception of; 1). the engineering of the tower and foundation design. It appears reasonable to delay the submittal of this item until after the City Council has approved the location. At the time of a request for a building permit then the engineering for the construction needs to be submitted before a building permit would be issued. There are no other towers located within the one mile radius of the proposed site and no attempt to collocate is required. Grand Island Council Session - 2/28/2023 Page 17 / 210 This location is within an identified Airport Approach Zone as such the applicant has submitted a **Determination Of No Hazard To Air Navigation** letter from the Federal Aviation Administration. The location of this proposal does not appear to create any negative impact on the neighboring properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a conditional use permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2.Disapprove or /Deny the conditional use permit, finding that the proposal does not conform to the purpose of the zoning regulations. 3.Modify the conditional use to meet the wishes of the Council 4.Refer the matter to a special committee for a determination of a finding of fact. Recommendation City Staff recommends that the Council approve the request for a conditional use permit to construct this 88 foot telecommunication tower, finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Grand Island Council Session - 2/28/2023 Page 18 / 210 Grand Island Council Session - 2/28/2023 Page 19 / 210 Grand Island Council Session - 2/28/2023 Page 20 / 210 ^_ SEEDLING MILE RD E 12TH ST E WILLOWSTBISMARKRD W AN N A ST W TALC DRKOEN IG ST W SEEDLI NG MILEACCESS RDANDERSONAVE W STOCKYARDS LNSCHUFF ST C H A R L ES S T W P U B LIC S A F E T Y D R STUHR RD SPH O ENIXAVE W 1 9 T H ST E OKLAH O M A AVE W E L M S T N OKLAHOMA AVE E E L M S T S7TH ST EOAKST SEDDY ST S EUGENEST SVINE ST SPLUM ST SPLEASANTVIEW DR9TH ST EINDIANA AVE15TH ST E PINE ST SDIVISIONST W 20TH ST E PHOENIXAVE E 18TH ST E MAINST SSUN VALLEY DRBISCH ELD ST8TH ST EW H E E L E R A V E S 18THST E 6TH ST ECHUCKWAGO N T R L 6THST W KIMBALL AVE S3RD ST EOKLAHOMAAVE E M A R TIN AVE COVEREDWAGON TRL SUNSETAVE ESYCAMORE ST S7THST ELOUISEST W SUNSET AVE E GUNSMITHTRL PLUM ST SPLUM RDW A L N U T S T S4TH ST W11TH ST ECHICAGO ST UPWAYASHTONAVE E9THST E SEEDLINGMILE RD E DODGE ST ASHTONAVE W 7TH ST E15THST ELIN C O L N A V E S CHERRY ST N13TH ST E 14TH ST EPOPLAR ST13TH ST E12TH ST E5TH ST E DIVISIO N ST ESO UTH FR O NT ST EKIMBALLAVE S9TH ST EPHOENIX CTCHERRY ST NJ OEHNCKRDSOUTHFRO N T ST W NO RTHFRONTST E8TH ST E11TH ST E WILLOW STPHOENIXAVE E EDDYST SC H ER R Y S T S M A P L E S TILLINOIS AVE2ND ST E5TH ST E14TH ST E 6TH ST ESKY PARK RDSUNSET AVE EDELAWAREAVE E7THST W 2NDST W DELAWAREAVE W1ST ST W KOENIG ST W3RD S T W 8TH ST EKIMBALLAVE S1ST ST EBEAL STSYCAMORE ST SOAKST SLOCUST ST SLOCUSTST S10TH ST E6TH ST EJOHN ST W Y UND ST5THST W PINE ST SASHTON AVE E KI M B A L L A V E N L O C U S T S T N DIVISIO NST W 9TH ST ES U P E RIO R S T C E D A R S T S L O C U S T S T N M A R K E T S T PIN E S T N W H E E L E R A V E N VIN E S T N C O N G D O N A V E C L E B U R N S T S T A F T A V E P O P L A R S T VIN E S T N O A K S T N L A M B E R T S T G R E E N W IC H S T S P L U M S T N W A L N U T S T N KIM B A L L A V E N C E D A R S T N S Y C A M O R E S T N C L A R K S T S SAINT PAUL RDE D D Y S T S B E A L S T L A M B E R T S T W H E E L E R A V E N GEDDES STCONGDONAVE G ROFF STU PR R D RPOPLAR STCOURTST E CHARLES ST E VINE ST SPL U M ST N KOENIG ST E HANSEN ST SUTHERLANDST KOENIG ST E GREGORY AVE E ANDREWAVELUETHDR M EM O RIAL D R S Y C A M OR E U N D E R P A S S F R O N T A G E R D WEVANS STWA R R E N L N OAK ST SSE EDLINGMILERD E MEVESAVE OKLAHOMA AVE E DEAN ST NELSON LN PINE ST SVOSS RDCLAUSSEN AVECHERRY ST SMEMORIAL DR M A CARTHU R A VEM EVES AVESUNVALLEY PL UNIONRDROOT STWAINWRIGHT STVILLA MARDEE AVEVANDERVOORT AVE 19TH ST E BISMARK RD E U S H IG H W A Y 30 E PHOENIX AVE E SUNSET AVE E TRUMAN ST DELAWARE AVE E RABORN ST ELDORADO ST PHOENIX AVE E OKLAHOMA AVE E EILENSTINE RD E PEACH STPIER PARK UP WAYSWIFT RD E U S H IG H W A Y 30 E 4TH ST ECAPITAL AVE E MUSEUM DRProposed Tower Location1515 E 4th Street Proposed Tower Location Map1515 E 4th Street Scale: NONEFor Illustration Purposes ®Legend ^_Proposed Tower 1 Mile Permitted Towers City Limits 1 inch = 1,150 feet Grand Island Council Session - 2/28/2023 Page 21 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item E-3 Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Sagewood Phase II, LLC- 1921 Sagewood Avenue) Council action will take place under Consent Agenda item G-11. Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 22 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:February 28, 2023 Subject:Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Sagewood Phase II, LLC- 1921 Sagewood Avenue) Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Claude Road; Faidley Avenue to State Street project is for the addition and improvement of several roadways in the City of Grand Island. It is anticipated that these projects will occur over several years at a pace dictated by budgets, development growth and need. A Claude Road extension from just north of Faidley Avenue to State Street is the major focus of this project. It is desired to build this roadway and several connections to Diers Avenue guided by an existing City of Grand Island concept plan. This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. The Diers Avenue improvements would be the second component to this project. Also associated with this project is the potential for improvements to the Highway 281 and 30 corridors adjacent to the other project areas. These improvements would focus on creating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project could involve potential application of NDOT safety funds and would involve coordination with NDOT throughout the project. The Public Works Department is proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Discussion Public right-of-way is needed to accommodate the new Claude Road section from the proposed 18th Street, which is scheduled to be built this coming spring, to State Street. The property owner has signed the necessary documents to grant the property, as shown on the attached drawing. Grand Island Council Session - 2/28/2023 Page 23 / 210 Engineering staff of the Public Works Department negotiated with the property owner for such purchase. Property Owner Legal Description Amount Sagewood Phase II, LLC A TRACT OF LAND CONSISTING OF PART OF LOT 2 OF STARLITE SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S00o36’02”E, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 693.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N89o58’32”W A DISTANCE OF 45.56 FEET ALONG THE SOUTH LINE OF SAID LOT 2; THENCE N00o35’44”W A DISTANCE OF 122.23 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 1303.00 FEET, A DELTA ANGLE OF 11o53’09”, AN ARC LENGTH OF 270.30 FEET AND A CHORD BEARING N06o32’19”W FOR A DISTANCE OF 269.82 FEET; THENCE N12o28’53”W A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 653.50 FEET; A DELTA ANGLE OF 5o56’24”, AN ARC LENGTH OF 67.75 FEET AND A CHORD BEARING N15o27’05”W FOR A DISTANCE OF 67.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 209.32 FEET, A DELTA ANGLE OF 8o07’32”, AN ARC LENGTH OF 29.68 FEET AND A CHORD BEARING N14o21’32”W FOR A DISTANCE OF 29.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE S89o59’50”E A DISTANCE OF 137.17 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 52,627 SQUARE FEET MORE OR LESS. $140,000.00 Total= $140,000.00 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 - 2/28/2023 Page 24 / 210 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve acquisitions of the public right-of-way from the affected property owner, in the total amount of $140,000.00. Sample Motion Move to approve the acquisitions. Grand Island Council Session - 2/28/2023 Page 25 / 210 Grand Island Council Session - 2/28/2023 Page 26 / 210 Grand Island Council Session - 2/28/2023 Page 27 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item F-1 #9917 - Consideration of Amending Grand Island City Code Section 31-25.1 Relative to Development Signs Staff Contact: Craig Lewis Grand Island Council Session - 2/28/2023 Page 28 / 210 Council Agenda Memo From:Craig A. Lewis, Building Department Director Meeting:February 28, 2023 Subject:Amending Chapter 31 of the Grand Island City Code to Modify Regulations regarding Development Signs section 31-25.1 Presenter(s):Craig Lewis, Building Department Director Background The Grand Island City Code Chapter 31 regulates the installation of signage, specifically Section 31-25.1 addresses development signage on subdivisions of twenty acres or more that front on at least one side on a street classified as a major arterial or higher. These regulations were implemented in 2005 at the request of a developer to help identify tenants in larger subdivisions who did not have frontage on the major adjacent streets. Discussion The proposed ordinance will increase the square footage of development sign from 200 square feet to 450 square feet. This increase appears reasonable as the location of the sign adjacent to an arterial street would need the increase in size to provide visibility, legibility, readability and reaction distance. The total amount of ground signage for each individual lot or tract of land will not change or be increased this just allows the development sign to increase in size and readability. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the ordinance. 2.Disapprove or /Deny the ordinance. 3.Modify the ordinance to meet the wishes of the Council 4.Table the issue Grand Island Council Session - 2/28/2023 Page 29 / 210 Recommendation City Administration recommends that the Council approve the ordinance to revise Chapter 31. Sample Motion Move to approve Ordinance #9917 to amend Chapter 31 of the Grand Island City Code. Grand Island Council Session - 2/28/2023 Page 30 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney ORDINANCE NO. 9917 An ordinance to amend Chapter 31 of the Grand Island City Code; to amend Section 31-25.1 pertaining to Development Signs. 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 31-25.1 of the Grand Island City Code are hereby amended to read as follows; §31-25.1. Development Signs Development signs shall be allowed under the following conditions: (A) Only allowed on subdivisions of twenty (20) acres or more that front on at least one side on a street classified as a major arterial or higher. (B) Limited to one per street frontage of the development. (C) Limited to thirty (30) feet in height or the height specified in the zoning classification, whichever is the most restrictive. (D) Limited to no more than four hundred and fifty (450) square feet in area. Double faced signs shall be calculated on the largest side only. (E) Development signs shall be separated a minimum of fifty (50) feet from all other signs, and shall be at least five (5) feet from all property lines. (F) A minimum of ten percent (10%) of the sign face shall identify the development with the remaining square footage advertising tenants within the development and within five hundred (500) feet of the sign. (G) Development signs as defined in this chapter shall not be classified as billboards or off-premise signs for the purpose of spacing of off-premise signage on other properties, provided they meet the provisions specified. (H) No signs defined as billboards shall be allowed within the subdivision if the provision of development signs is utilized. Enacted: February 28, 2023. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 31 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item F-2 #9918 - Consideration of Approving Salary Ordinance Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 2/28/2023 Page 32 / 210 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:February 28, 2023 Subject:Consideration of Approving Salary Ordinance No. 9918 Presenter(s):Aaron Schmid, Human Resources Director Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are proposed. The following details the proposed changes to the salary ordinance. Discussion The Public Works Director/City Engineer position has been vacant since May 31, 2022. Assistant Public Works Director, Keith Kurz, is currently serving as the interim Public Works Director/City Engineer. On June 28, 2022 Council approved an increase to the salary range of the Public Works Director/City Engineer position from $50.6938 - $76.5018 to $62.8300 - $90.9700 hourly or $105,443.10 - $159,123.74 to $130,686.4 - $189,217.60 annually. The increase in salary range did not result in identifying a candidate for hire. On January 10, 2023 Council approved Government Professional Services (GPS) as a search firm to fill the Public Works Director/City Engineer position. After review of the position requirements and salary range, it was recommended to increase the salary range. Administration is recommending an increase of the salary range to $84.1346 - $108.1731 hourly or $175,000.00 - $225,000.00 annually. The proposed increase would seek to attract candidates who meet the knowledge, skills and abilities of the position. 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 - 2/28/2023 Page 33 / 210 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve proposed Salary Ordinance No. 9918. Sample Motion Move to approve Salary Ordinance No. 9918. Grand Island Council Session - 2/28/2023 Page 34 / 210 Approved as to Form ¤ ___________ February 22, 2023 ¤ City Attorney ORDINANCE NO. 9918 An ordinance to amend Ordinance 9903 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to add the non-union position and salary range for Evidence Technician – Part Time; to move the non- union positions of Library Assistant I Full Time and Library Assistant II Full Time to the AFSCME labor agreement; to amend the salary ranges for the non-union positions of Public Works Director; Maintenance Worker-Cemetery PT, Library Assistant I Part Time and Library Assistant II Part Time; to amend the salary ranges, shift differential and longevity pay for those employees covered under the AFSCME labor agreement; and to amend the uniform allowance for the non-union positions of Police Chief and Police Captain; and to repeal those portions of Ordinance No. 9903 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 29.9400/43.5700 Exempt Accounting Technician – Solid Waste 22.5000/29.3600 40 hrs/week Grand Island Council Session - 2/28/2023 Page 35 / 210 ORDINANCE NO. 9918 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant –Building – Part Time 20.4435/29.3215 40 hrs/week Administrative Coordinator – Public Works 24.1100/39.3800 40 hrs/week Airport Police Officer – Part Time 30.0000 40 hrs/week Assistant Finance Director 39.5700/57.4600 Exempt Assistant Public Works Director/Engineering 53.0600/78.9100 Exempt Assistant Public Works Director of Wastewater 53.0600/78.9100 Exempt Assistant Utilities Director – Engineering/Business Operations 71.5000/97.7600 Exempt Assistant Utilities Director – Production 71.5000/97.7600 Exempt Assistant Utilities Director – Transmission 71.5000/97.7600 Exempt Attorney 45.2400/64.5100 Exempt Building Department Director 52.0500/71.8700 Exempt Cemetery Superintendent 29.1300/43.1100 Exempt City Administrator 86.6300/112.9200 Exempt City Attorney 60.7500/80.8000 Exempt City Clerk 38.4400/53.4400 Exempt Civil Engineer I – PW/Eng., PW/WWTP 31.5300/44.0800 Exempt Civil Engineer I – Utilities 34.3500/48.7800 Exempt Civil Engineer II – PW/Eng., PW/WWTP 38.6300/54.8200 Exempt Civil Engineer II – Utilities 40.9600/59.3500 Exempt Collection System Supervisor 30.7500/41.3300 40 hrs/week Community Development Administrator 30.8400/42.5500 40 hrs/week Community Service Officer – Part time 19.7531/25.8858 40 hrs/week Custodian –Police Part Time 16.6900/23.7300 40 hrs/week Customer Service Representative 19.8700/26.3600 40 hrs/week Customer Service Team Leader 23.3300/34.7400 Exempt Deputy City Clerk 30.7500/42.7500 40 hrs/week Electric Distribution Superintendent 47.1700/63.1800 Exempt Electric Distribution Supervisor 43.5000/58.2500 40 hrs/week Electric Underground Superintendent 47.1700/63.1800 Exempt Electrical Engineer I 33.7300/50.0000 Exempt Electrical Engineer II 41.0600/58.0800 Exempt Emergency Management Deputy Director 32.8500/48.8300 Exempt Emergency Management Director 52.0500/71.8700 Exempt Engineering Technician I – PW/WWTP 25.2600/32.4500 40 hrs/week Engineering Technician II – PW/WWTP 31.3500/40.6300 40 hrs/week Grand Island Council Session - 2/28/2023 Page 36 / 210 ORDINANCE NO. 9918 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Solid Waste 23.9200/30.8100 40 hrs/week Evidence Technician – Part Time 22.2054/31.4488 40 hrs/week Finance Director 54.1600/78.4800 Exempt Finance Operations Supervisor 30.9200/41.5000 Exempt Fire Chief 58.0000/81.5700 Exempt Fire EMS Division Chief 48.0300/62.7200 Exempt Fire Operations Division Chief 48.0300/62.7200 Exempt Fire Prevention Division Chief 48.0300/62.7200 Exempt Fleet Services Shop Foreman 29.9600/43.7700 40 hrs/week GIS Coordinator – PW 34.2400/47.8500 Exempt Grants Administrator 28.6000/43.5800 40 hrs/week Grounds Management Crew Chief – Cemetery 26.5000/35.1200 40 hrs/week Grounds Management Crew Chief – Parks 27.0100/36.4900 40 hrs/week Human Resources Director 52.0500/71.8700 Exempt Human Resources Benefits/Risk Mgmt Coordinator 31.7400/44.1000 40 hrs/week Human Resources Recruiter 31.7400/44.1000 40 hrs/week Human Resources Specialist 31.7400/44.1000 40 hrs/week Information Technology Manager 48.5200/68.3100 Exempt Interpreter/Translator 20.0600/27.6300 40 hrs/week Legal Secretary 24.3000/35.8200 40 hrs/week Librarian I 28.1400/38.0400 Exempt Librarian II 30.6949/41.5500 Exempt Library Assistant I – Part Time 21.0438/27.1215 40 hrs/week Library Assistant II – Part Time 22.2294/30.8094 40 hrs/week Library Director 51.4400/73.1620 Exempt Library Page – Part Time 15.5100/18.8900 40 hrs/week Library Secretary 21.9700/26.0300 40 hrs/week Maintenance Worker – Cemetery Part Time 18.3538/23.7478 40 hrs/week Meter Reader – Part Time 24.9011/31.1038 40 hrs/week Meter Reader Supervisor 33.6200/46.1600 Exempt MPO Program Manager 34.4200/50.4100 Exempt Office Manager 29.1100/37.0900 40 hrs/week Parks and Recreation Director 53.2400/73.8400 Exempt Parks Superintendent 38.9200/57.1200 Exempt Payroll Specialist 26.2100/36.6900 40 hrs/week Planner I 32.8000/44.9100 40 hrs/week Grand Island Council Session - 2/28/2023 Page 37 / 210 ORDINANCE NO. 9918 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Planning Director 53.7500/79.4500 Exempt Police Captain 46.6400/62.4700 Exempt Police Chief 62.4285/83.8548 Exempt Power Plant Maintenance Supervisor 44.3100/62.2900 Exempt Power Plant Operations Supervisor 45.5300/64.8900 Exempt Power Plant Superintendent – PGS 57.2400/83.0400 Exempt Public Safety Apprentice – Part Time 19.7531/25.8858 40 hrs/week Public Works Director 62.8300/90.970084.1346/ 108.1731 Exempt Recreation Coordinator 28.1000/40.0900 Exempt Recreation Superintendent 37.2800/53.2000 Exempt Regulatory and Environmental Manager 43.3598/64.8700 Exempt Senior Civil Engineer – PW/Eng., PW/WWTP 43.2400/61.6600 Exempt Senior Civil Engineer – Utilities 50.1300/69.6500 Exempt Senior Electrical Engineer 48.8088/70.6800 Exempt Senior Engineering Technician – PW/WWTP 34.8500/43.4800 40 hrs/week Senior Public Safety Dispatcher 25.0300/33.6800 40 hrs/week Senior Utility Secretary 20.5000/29.4900 40 hrs/week Shooting Range Superintendent 37.2800/53.2000 Exempt Solid Waste Division Clerk 23.9000/30.9200 40 hrs/week Solid Waste Foreman 28.4300/39.8800 40 hrs/week Solid Waste Superintendent 39.4600/54.4100 Exempt Street Superintendent 37.1900/53.6400 Exempt Street Foreman 29.9600/42.8000 40 hrs/week Transit Program Manager 37.3000/55.9400 Exempt Utilities Director 96.8100/137.8100 Exempt Utility Production Engineer 49.7300/70.1400 Exempt Utility Warehouse Supervisor 31.8200/44.3500 40 hrs/week Victim Assistance Unit Coordinator 24.1500/33.6000 40 hrs/week Victim/Witness Advocate 18.1100/25.2000 40 hrs/week Wastewater Plant Chief Operator 31.2500/44.0000 40 hrs/week Wastewater Plant Operations Engineer 49.9946/69.8306 Exempt Wastewater Plant Maintenance Supervisor 31.5500/42.5000 40 hrs/week Wastewater Plant Regulatory Compliance Manager 34.4400/49.0100 Exempt Water Superintendent 40.5500/55.5300 Exempt Water Supervisor 35.0800/47.1300 40 hrs/week Grand Island Council Session - 2/28/2023 Page 38 / 210 ORDINANCE NO. 9918 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 9.0000/30.0000 Exempt Worker / Seasonal 9.0000/30.0000 40 hrs/week Worker / Temporary 9.0000/30.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/30.0000 40 hrs/week Aquatics staff who refer new lifeguards will receive a stipend for the referral, upon meeting the following criteria:  The referral cannot have worked as a City of Grand Island lifeguard in the past.  The referral must pass a background check, complete and pass a free lifeguard class, and work for at least 80 hours.  Aquatics staff shall be paid for their referral as follows: o 1 referral – $50.00 o 2 referrals - $75.00 o 3 or more referrals - $100.00 SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 22.8093/30.9319 40 hrs/week Fleet Services Mechanic 25.6446/35.4516 40 hrs/week Horticulturist 26.7162/35.4854 40 hrs/week Library Assistant I 21.0438/27.1215 40 hrs/week Library Assistant II 22.2294/30.8094 40 hrs/week Maintenance Worker – Cemetery 22.9423/29.6848 40 hrs/week Maintenance Worker – Parks 21.2371/29.2748 40 hrs/week Maintenance Worker – Streets 21.8851/29.5432 40 hrs/week Senior Equipment Operator – Streets 25.2007/34.0905 40 hrs/week Grand Island Council Session - 2/28/2023 Page 39 / 210 ORDINANCE NO. 9918 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Senior Maintenance Worker – Streets 25.0312/33.6870 40 hrs/week Traffic Signal Technician 26.9078/34.9546 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW Utilities labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Utilities labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant-Utilities 23.0592/31.1427 40 hrs/week Custodian 17.3168/22.2297 40 hrs/week Electric Distribution Crew Chief 40.0180/50.8883 40 hrs/week Electric Underground Crew Chief 40.0180/50.8883 40 hrs/week Engineering Technician I 26.9438/33.6054 40 hrs/week Engineering Technician II 33.4262/42.0591 40 hrs/week Instrument Technician 38.1828/48.6745 40 hrs/week Lineworker Apprentice 28.6219/39.7063 40 hrs/week Lineworker First Class 36.4634/45.0366 40 hrs/week Materials Handler 31.9304/40.6147 40 hrs/week Meter Reader 24.9011/31.1038 40 hrs/week Meter Technician 34.2474/38.8808 40 hrs/week Power Dispatcher I 37.1850/46.1314 40 hrs/week Power Dispatcher II 41.4939/52.2441 40 hrs/week Power Plant Maintenance Mechanic 35.6475/44.0858 40 hrs/week Power Plant Operator 38.9418/45.1736 40 hrs/week Senior Engineering Technician 37.1606/46.3613 40 hrs/week Senior Materials Handler 36.5589/50.6839 40 hrs/week Senior Power Dispatcher 46.4846/57.6769 40 hrs/week Senior Power Plant Operator 44.8138/51.9510 40 hrs/week Senior Substation Technician 40.3461/47.6808 40 hrs/week Senior Water Maintenance Worker 27.7530/36.3262 40 hrs/week Grand Island Council Session - 2/28/2023 Page 40 / 210 ORDINANCE NO. 9918 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Substation Technician 40.1454/45.8032 40 hrs/week Systems Technician 42.8267/48.0292 40 hrs/week Tree Trim Crew Chief 36.7118/46.1475 40 hrs/week Utility Electrician 35.7086/45.4247 40 hrs/week Utility Groundman 25.1532/31.7240 40 hrs/week Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.8148/46.9236 40 hrs/week Utility Warehouse Clerk 27.0220/33.7577 40 hrs/week Water Maintenance Worker 26.1725/34.4410 40 hrs/week Wireworker I 26.3010/38.8226 40 hrs/week Wireworker II 36.4634/45.0366 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 29.0000/41.0000 Police Sergeant 39.0000/47.0000 Police Lieutenant 42.0000/54.0000 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave, bereavement leave, and holiday hours. Employees shall be eligible for overtime when they Grand Island Council Session - 2/28/2023 Page 41 / 210 ORDINANCE NO. 9918 (Cont.) - 8 - exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. Any Police Officer assigned as a Field Training Officer shall, in addition to his/her regular salary, be paid Two dollars ($2.00) per hour while actively working with a trainee or other issues directly concerning a trainee. A lateral hiring incentive is provided, namely for certified applicants, Five Thousand dollars ($5,000) certification credit and fifty (50) hours of compensatory time if eligible. A referral incentive is provided for existing Officers who successfully recruit applicants, specifically, a Three Hundred dollar ($300) incentive for the referral of one non-certified applicant who makes the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of two or more non-certified applicants who make the Civil Service eligibility list; a Five Hundred dollar ($500) incentive for the referral of one or more certified applicants who make the Civil Service eligibility list; and a One Thousand Seven Hundred dollar ($1,700) incentive if one or more of the referred applicants is hired. A retention incentive will offered to active sworn Officers’ for the life of the contract with final payment made in October of 2025. Each current employee as of October 1, 2022, who maintains active employment status, will receive a lump sum payment in the first full pay period of the dates specified in the following schedule: Completion of Contract Year 2022-2023: $5,000.00 (paid in October 2023) Completion of Contract Year 2023-2024: $3,000.00 (paid in October 2024) Completion of Contract Year 2024-2025: $2,000.00 (paid in October 2025) Grand Island Council Session - 2/28/2023 Page 42 / 210 ORDINANCE NO. 9918 (Cont.) - 9 - Employees hired between October 2, 2022 and October 1, 2024 will receive a retention incentive after completing a full contract year of service. The amount paid will correspond with the applicable contract year completed. Designated Officers who are covered under the FOP labor agreement and are assigned to specialized assignments that routinely involve changes in schedules for training purposes, call in for duty, and/or specialized training and certifications as listed below are eligible for additional compensation. Tier I specialized assignments will receive an additional sixty cents ($0.60) per hour. Tier II specialized assignments will receive an additional thirty cents ($0.30) per hour. Officers shall only be compensated for one (1) Tier I assignment and one (1) Tier II assignment regardless of how many assignments they may possess within that Tier. Maximum specialty pay will be ninety cents ($0.90) per hour which is equal to a Tier I and Tier II assignment. Tier I Tier II SWAT All Department Designated Instructors: Police K9 Firearms Drug Recognition Expert Defensive Tactics Accident Reconstruction Team Less Lethal CERT/Hostage Negotiator Drone SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 23.4916/30.5216 212 hrs/28 days Grand Island Council Session - 2/28/2023 Page 43 / 210 ORDINANCE NO. 9918 (Cont.) - 10 - Firefighter / EMT 17.7091/25.0171 212 hrs/28 days Firefighter / Paramedic 19.1441/27.3074 212 hrs/28 days Life Safety Inspector 27.0165/35.5705 40 hrs/week Battalion Chief 30.1957/35.1300 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Wastewater Treatment Plant labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 22.2214/29.4817 40 hrs/week Administrative Assistant – WWTP 20.4435/29.3215 40 hrs/week Biosolids Technician 25.3842/36.7560 40 hrs/week Equipment Operator – WWTP 23.2949/31.5147 40 hrs/week FOG Program Manager 28.7162/39.3130 40 hrs/week Lead Maintenance Mechanic 28.0427/37.2338 40 hrs/week Lead Maintenance Worker 22.9094/32.9018 40 hrs/week Lead Wastewater Plant Operator 27.5666/38.5945 40 hrs/week Maintenance Mechanic I 23.7880/32.0519 40 hrs/week Maintenance Worker – WWTP 23.0713/30.6957 40 hrs/week Senior Equipment Operator 27.0346/34.7365 40 hr/week Stormwater Program Manager 28.7162/39.3130 40 hrs/week Wastewater Plant Laboratory Technician 25.4677/33.7709 40 hrs/week Grand Island Council Session - 2/28/2023 Page 44 / 210 ORDINANCE NO. 9918 (Cont.) - 11 - Wastewater Plant Operator I 22.8165/30.1690 40 hrs/week Wastewater Plant Operator II 25.3735/33.7967 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Service/Clerical/Finance labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Service/Clerical/Finance labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 19.7952/26.5714 40 hrs/week Accounting Technician – Streets 21.7231/29.0721 40 hrs/week Accounts Payable Clerk 21.9060/29.5514 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.4435/29.3215 40 hrs/week Audio Video Technician 26.8201/36.8240 40 hrs/week Building Inspector 27.0111/37.2347 40 hrs/week Cashier 20.0668/25.6234 40 hrs/week Community Service Officer 19.7531/25.8858 40 hrs/week Computer Technician 25.5128/36.8584 40 hrs/week Crime Analyst 28.6794/38.1368 40 hrs/week Electrical Inspector 27.1431/37.0999 40 hrs/week Emergency Management Coordinator 25.0300/33.6800 40 hrs/week Engineering Technician I – Public Works 25.2600/32.4500 40 hrs/week Engineering Technician II – Public Works 31.3500/40.6300 40 hrs/week Evidence Technician 22.2054/31.4488 40 hrs/week GIS Coordinator 34.2400/47.8500 40 hrs/week Maintenance Worker I – Building, Library, Police 18.8024/25.2757 40 hrs/week Maintenance Worker II – Building, Library, Police 21.5781/28.7625 40 hrs/week Payroll Clerk 23.1606/32.5054 40 hrs/week Plans Examiner 27.0157/39.8241 40 hrs/week Plumbing/Mechanical Inspector 27.0830/36.5581 40 hrs/week Police Records Clerk 19.9522/26.7203 40 hrs/week Public Safety Apprentice 19.7531/25.8858 40 hrs/week Public Safety Dispatcher 22.5270/30.3120 40 hrs/week Senior Accounting Clerk 22.1760/29.8667 40 hrs/week Senior Engineering Technician – Public Works 34.8500/43.4800 40 hrs/week Grand Island Council Session - 2/28/2023 Page 45 / 210 ORDINANCE NO. 9918 (Cont.) - 12 - Shooting Range Operator 26.6273/35.8338 40 hrs/week Systems Technician 42.8267/48.0292 40 hrs/week Wastewater Secretary 20.6626/29.0337 40 hrs/week The hourly rates for Community Service Officers training new Community Service Officers shall increase three percent (3%) during the training period. SECTION 8. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons in the non-union employee classification of Senior Public Safety Dispatcher who work any hours or portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a shift differential of seventy-five cents ($0.75) per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of fifty cents ($0.50) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification Public Safety Dispatcher who work a complete shift between 3:00 p.m. and 11:00 p.m. A shift differential of seventy-five cents ($0.75) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification of Public Safety Dispatcher who work a complete shift between 11:00 p.m. to 7:00 a.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.50 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. All employees covered under the FOP labor Grand Island Council Session - 2/28/2023 Page 46 / 210 ORDINANCE NO. 9918 (Cont.) - 13 - agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional Two dollars ($2.00) per hour. Full time employees covered in the AFSCME labor agreement normally assigned to a work schedule commencing between 4 a.m. and 11 a.m., who are temporarily assigned to a work schedule commencing before 4 a.m. or after 11 a.m., shall receive a shift differential of One Dollar ($1.00) per hour added to the base hourly rate for the hours worked during such temporary assignment. Full time employees covered in the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work the night shift will receive an additional one dollar ($1.00) per hour for wages attributable to those shifts. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. Each employee covered by the IAFF labor agreement after their first year, except Life Safety Inspector, will be credited Five Hundred Twenty-five dollars ($525.00) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive Four Hundred dollars ($400.00) credit for the purchase of initial uniforms. After probation they shall receive an additional Five Hundred dollars ($500.00) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary at the rate of Five-hundred fifty dollars ($550.00) semi-annually. New employees covered by the IBEW Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-time reimbursement up to One Thousand Two Hundred dollars ($1,200.00) to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to Seven Grand Island Council Session - 2/28/2023 Page 47 / 210 ORDINANCE NO. 9918 (Cont.) - 14 - Hundred ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00). The non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of Seven Hundred dollars ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00) to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of Three Hundred Fifty dollars ($350.00). Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees in the non- union Community Service Officer Part Time position and the non-union Public Safety Apprentice Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay period. Full-time Community Services Officers and full time Public Safety Apprentices shall be paid a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of Four Hundred Eighty-four dollars and eight cents ($484.08) per year, divided into twenty-four (24) pay periods. Police Chief and Police Captains shall be paid a clothing allowance of One- thousand one-hundred dollars ($1,100.00) per year, divided into twenty-six (26) pay periods. Non-union employees and employees covered by the AFSCME labor agreement, FOP labor agreement, IAFF labor agreement, IBEW Service/Clerical/Finance and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed One Thousand Five Hundred dollars ($1,500.00) for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of Ten Dollars ($10.00) if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Grand Island Council Session - 2/28/2023 Page 48 / 210 ORDINANCE NO. 9918 (Cont.) - 15 - Employees covered by the IBEW-Wastewater Treatment Plant labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW Utilities labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours unscheduled overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to Eighteen dollars ($18.00) per month. When protective clothing is required for personnel covered by the IBEW Utilities, the non-union position of Meter Reader – Part Time, and IBEW Wastewater Treatment Plant labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay sixty percent (60%) of the actual cost of providing and cleaning said clothing and the employees forty percent (40%) of said cost. Full- time Fleet Services personnel shall receive a uniform allowance of Twelve Dollars ($12) biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Grand Island Council Session - 2/28/2023 Page 49 / 210 ORDINANCE NO. 9918 (Cont.) - 16 - Foreman and Fleet Services Mechanic shall receive a tool allowance of Fifty dollars ($50.00) biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: 1. (A) All employees covered in the IBEW Utilities labor agreement shall have a contribution to a VEBA made on their behalf for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen hundredths (586.18) hours [calculated at 53% x 1,106 hours], the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred five and thirty-four hundredths hours (605.34) [calculated at 38% x 1,593 hours]. The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two (542) hours [calculated at 50% x 1,084 = 542]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical/Finance labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of Grand Island Council Session - 2/28/2023 Page 50 / 210 ORDINANCE NO. 9918 (Cont.) - 17 - retirement, not to exceed four-hundred sixty-eight and sixty-five-hundredths (468.65) hours [calculated at 35% x 1,339 hours]. Employees covered by the IBEW Wastewater labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-six percent (36%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement not to exceed four-hundred eighty-two and four-hundredths hours (482.04) [calculated at 36% x 1,339 hours]. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred nine and one-half (609.5) hours [calculated at 53% x 1,150 hours]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the AFSCME labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty-eight and sixty-five hundredths hours (468.65) [calculated at 35% x 1,339 hours]. Employees covered under the FOP labor agreement shall be paid forty percent (40%) for their accumulated medical leave at separation of employment after sixteen (16) years of sworn officer service and fifty (50) years of age; fifty percent (50%) for their accumulated medical leave at separation of employment after twenty (20) years of sworn Officer service and fifty-five (55) years of age. An employee’s beneficiary shall be paid fifty percent (50%) of accumulated Grand Island Council Session - 2/28/2023 Page 51 / 210 ORDINANCE NO. 9918 (Cont.) - 18 - medical leave an employee’s death not occurring in the line of duty. An employee’s beneficiary shall be paid one hundred percent (100%) of an employee’s accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. Years of service includes time at a previous agency as a sworn Officer and service must be verified. The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half (1/2) of their accumulated medical leave, not to exceed thirty (30) days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half (1/2) of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of Thirty dollars ($30.00) per pay period. Employees represented by the IBEW Utilities labor agreement, IBEW Service/Clerical/Finance labor agreement, IBEW Wastewater Treatment Plant labor agreement and the FOP labor agreement, shall have a contribution made on their behalf to their VEBA account in the amount of Twenty Dollars ($20.00) per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of Ten Dollars ($10.00) per pay period. Grand Island Council Session - 2/28/2023 Page 52 / 210 ORDINANCE NO. 9918 (Cont.) - 19 - SECTION 11. An employee, who is represented by the following labor agreements, shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay day. The following rate schedule shall apply for those employees who are represented by the FOP labor agreement based upon the total length of service with the City or as a sworn officer with another agency: Officer Five (5) years (beginning 6th year) $ 350.00 Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,000.00 Twenty (20) years (beginning 21st year) $1,350.00 Twenty-five (25) years (beginning 26th year) $1,750.00 Sergeant and Five (5) years (beginning 6th year) $ 375.00 Lieutenant Ten (10) years (beginning 11th year) $ 650.00 Fifteen (15) years (beginning 16th year) $1,250.00 Twenty (20) years (beginning 21st year) $1,700.00 Twenty-five (25) years (beginning 26th year $2,400.00 Non-union employees shall receive longevity pay on a prorated basis each regular pay day as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $ 1,150.00 Twenty-five (25) years (beginning 26th year) $ 1,650.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Grand Island Council Session - 2/28/2023 Page 53 / 210 ORDINANCE NO. 9918 (Cont.) - 20 - Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $ 1,000.00 Twenty-five (25) years (beginning 26th year) $ 1,500.00 Those employees who are represented by the IBEW-Wastewater Treatment Plant shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 250.00 Ten (10) years (beginning 11th year) $ 500.00 Fifteen (15) years (beginning 16th year) $ 750.00 Twenty (20) years (beginning 21st year) $1,000.00 Twenty-five (25) years (beginning 26th year) 1,500.00 Those employees who are represented by the IAFF labor agreement shall annually receive longevity pay, beginning with the first full pay period in October 2019, as follows: Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50 Twenty (20) years (beginning 21st year) $1,032.50 Twenty-five (25) years (beginning 26th year) $1,247.50 Those employees who are represented by the IBEW Service/Clerical/Finance labor agreement shall annually receive longevity pay as a lump sum payment on the payroll which includes their anniversary date as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. Grand Island Council Session - 2/28/2023 Page 54 / 210 ORDINANCE NO. 9918 (Cont.) - 21 - SECTION 13. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law. effective October 23, 2022 SECTION 14. Those portions of Ordinance No. 9903 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: February 28, 2023. Roger G. Steele, Mayor Attest: RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 55 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-1 Approving Minutes of February 14, 2023 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/28/2023 Page 56 / 210 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 14, 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 February 14, 2023. Notice of the meeting was given in The Grand Island Independent on February 8, 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 Steve Peeler, Messiah Lutheran Church, 708 North Locust Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Presentation of the 2021-2022 Annual Library Report. Library Director Celine Swan submitted the 2021-2022 Annual Library report. Comments were made about the extended hours and art displays. Mentioned was the Police Substation open house on Monday, February 20, 2023. BOARD OF EQUALIZATION: Motion by Fitzke, second by Paulick to adjourn to the Board of Equalization. Upon roll call vote, all voted aye. Motion adopted. #2023-BE-1 - Consideration of Determining Benefits for Sidewalk Repairs at 239 South Plum Street. Interim Public Works Director Keith Kurz reported that Galvan Construction, Inc. of Grand Island, Nebraska had completed the work to the City standards for a cost of $1,750.00. Total cost of the repairs, including Engineering Services of $175.00, was $1,925.00. The cost for this project would be assessed to the adjacent property per City Code Section 32-58(2) and 16- 662. Staff recommended approval. Motion by Nickerson, second by Stelk to approve Resolution #2023-BE-1. Upon roll call vote, all voted aye. Motion adopted. RETURN TO REGULAR SESSION: Motion by Paulick, second by Lanfear to return to Regular Session. Motion adopted. ORDINANCES: Councilmember Fitzke moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: Grand Island Council Session - 2/28/2023 Page 57 / 210 Page 2, City Council Regular Meeting, February 14, 2023 #9916 - Assessment of Benefits for Sidewalk Repairs at 239 South Plum Street be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Stelk seconded the motion. Upon roll call vote, all voted aye. Motion failed. This item was related to the aforementioned Board of Equalization. Motion by Paulick, second by Lanfear to approve Ordinance #9916. City Clerk: Ordinance #9916on 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 #9916 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 #9916 is declared to be lawfully adopted upon publication as required by law. CONSENT AGENDA: Motion by Stelk, second by Lanfear to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 24, 2023 City Council Regular Meeting. Approving Appointment of Ryan Schmitz to the Plumbing Board. Approving Appointment of Megan Goplin to the Regional Planning Commission. Approving Re-Appointments of Tony Randone and Robin Hendricksen and Appointment of Megan Goplin to the Interjurisdictional Planning Commission. #2023-33 - Approving Purchase of Additional Monitors in Council Chambers from AVI Systems of Omaha, Nebraska in an Amount of $14,441.29. #2023-34 - Approving Amendment No. 3 to Engineering Consulting Agreement for North Road- Old Potash Highway to 13th Street Roadway Improvements; Project No. 2019-P-6 with Alfred Benesch & Company of Lincoln, Nebraska for an Increase of 15,000.00 and a Revised Contract Amount of $621,697.00. #2023-35 - Approving Authorization for Emergency Sanitary Sewer Repair at 1520 N Ruby Avenue with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $31,203.00. Grand Island Council Session - 2/28/2023 Page 58 / 210 Page 3, City Council Regular Meeting, February 14, 2023 RESOLUTIONS: #2023-36 - Consideration of Approving Appointment of Laura McAloon as Interim City Administrator. Mayor Steele submitted the name of City Attorney Laura McAloon as Interim City Administrator at Step 1 of the City Administrator salary table. Motion by Haase, second by Nickerson to approve Resolution #2023-36 not to exceed six (6) months. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Fitzke, second by Lanfear to approve the payment of claims for the period of January 25, 2023 through February 14, 2023 for a total amount of $6,356,473.20. Councilmember Haase abstained from voting on the claim for the Nebraska Municipal League Conference in the amount of $461.00. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 8:40 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/28/2023 Page 59 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-2 #2023-37 - Approving Request from Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street for a Class "CK" Liquor License and Liquor Manager Designation for Angela Dowd, 2140 2nd Avenue, Boelus, NE This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 2/28/2023 Page 60 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-37 WHEREAS, an application was filed by Simple Kitchen, LLC dba Chocolate Bar, 116 West 3rd Street for a Class "CK" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 18, 2023; such publication cost being $14.40; and WHEREAS, a public hearing was held on February 28, 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 Angela Dowd, 2140 2nd Avenue, Boelus, Nebraska contingent upon completing a stated approved alcohol sever/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 61 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-3 #2023-38 - Approving Amendment to the Farmers National Company Manager Agreement to add Acquired Land in 2022 Staff Contact: Laura McAloon Grand Island Council Session - 2/28/2023 Page 62 / 210 Council Agenda Memo From:Laura McAloon, Interim City Administrator Meeting:February 28, 2023 Subject:Approving the Addendum to the Professional Tailored Services Agreement between Farmers National Company and City of Grand Island Presenter(s):Laura McAloon, Interim City Administrator Background The City of Grand Island has an agreement with Farmers National Company to lease farm property owned by the City. Discussion The purpose of this amendment is to remove Jerry Janulewicz as an authorized representative for the City and replace him with Laura McAloon and Patrick Brown as authorized representatives. This amendment also adds Lot 3, Hanover Third Subdivision as another parcel for rent. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the addendum to the Professional Tailored Services Agreement between FNC and City of Grand Island amending with the deletion of Jerry Janulewicz and the addition of Laura McAloon and Patrick Brown as authorized representatives, and the addition of Lot 3, Hanover Third Subdivision property to management agreement. Grand Island Council Session - 2/28/2023 Page 63 / 210 Sample Motion Move to approve the addendum to the Professional Tailored Services Agreement between FNC and City of Grand Island amending with the deletion of Jerry Janulewicz and the addition of Laura McAloon and Patrick Brown as authorized representatives, and the addition of Lot 3, Hanover Third Subdivision property to management agreement. Grand Island Council Session - 2/28/2023 Page 64 / 210 PROPERTY AND SERVICES ADDENDUM TO PROFESSIONAL TAILORED SERVICES AGREEMENT mb February 14, 2023 Farm # 30694 – City of Grand Island Paul Sullivan , Farm Manager This Property and Services Addendum shall be attached to and become a part of the Professional Tailored Services Agreement effective April 1, 2016, as amended, between Farmers National Company (“FNC”), and City of Grand Island (“Client”). The Clients and Farmers National have agreed to the following: The parties have mutually agreed to the following additional arrangements relative to the services to be provided: City of Grand Island authorizes the deletion of Jerry Janulewicz as an authorized representative and adds Laura McAloon and Patrick Brown to the account to approve and form and term of FNC leases, add farms, remove farms and approve farm expenses as specified in the farm leases. Any amendments to this agreement shall be approved by the City Council. Laura’s email is LauraM@grand-island.com Patrick’s email is PatrickB@grand-island.com FNC will inform City of and provide any/all invoices and receipts of any expenses that are incurred on the properties to Client. This addendum shall add the following described property to management: Legal Description of the Property State: Nebraska County: Hall Approximate Acres: 4.56± Further Described as: Lot 3, Hanover Third Subdivision, an Addition to the City of Grand Island, located in Sec. 14, Twp 11N, Rge 10W, Hall County Nebraska Parcel #400200394 CONTINUED ON NEXT PAGE Page 1 of 2 Grand Island Council Session - 2/28/2023 Page 65 / 210 PROPERTY AND SERVICES ADDENDUM TO PROFESSIONAL TAILORED SERVICES AGREEMENT mb This addendum shall set and confirm that the property under management is described as follows: Legal Description of the Property State: Nebraska County: Hall Approximate Acres: 2,293.5± Further Described as: Cropland located in NE1/4 Sec. 15, Twp 11N, Rge 9W of the 6th P.M.; Cropland & hay in N1/2 Sec. 9, Twp 10N, Rge 9W of the 6th P.M.; Pt cropland in Lots 1-39, Sec. 14, Twp 11N, Rge 9W of the 6th P.M.; area of hay land lying S & E of the Cherry St Subst; Pt pasture & hay land including the Old Land fill site in W1/2 Sec. 30, Twp 11N, Rge 12W of the 6th P.M.; Pt hay land in W 420.05 a. Sec. 29, Twp 11N, Rge 10W of the 6th P.M.; Hay land on Lots 1, 8 & 9 & NW1/4NE1/4 & SE1/4NW1/4 & Lots 2 & 3 on Island, all in Sec. 11 & Lots 4, 5, 6, 7 & 8 on Island in Sec. 1 & all accretion land & E1/2SE1/4 & Lots 6 & 7 Sec. 2 all in Twp 10N, Rge 9W of the 6th P.M.; Hay land in Lots 6 & 7 & NE1/4SE1/4 Sec. 11 & Lots 1, 2 & 3 on Island in N1/2 Sec. 15 & NE1/4SW1/4 & S1/2SE1/4 & Lots 8 & 9 Sec. 10 & Lot 3 N of Platte River Sec. 14 all in Twp 10N, Rge 9W of the 6th P.M., subject to old Hwy 281 ROW; Pt SE Pt of 420.05 a. Sec. 29,Twp 11N, Rge 10W of the 6th P.M., Pt NW1/4 Sec. 23, Twp 11N, Rge 10W of the 6th P.M.; N1/2W1/2SE1/4, Ex 1.22 a. Tract in Book 11, Page 634 & Document No. 76-007493, Sec. 32, Twp 12N, Rge 9W of the 6th P.M., & Lot 3, Hanover Third Subdivision, an Addition to the City of Grand Island, located in Sec. 14, Twp 11N, Rge 10W All in Hall County Nebraska ADDITIONAL INFORMATION: Effective Date: February 1, 2023 All other terms and services outlined in the Professional Tailored Services Agreement effective April 1, 2016, as amended, remain valid. Total acres under management by Farmers National Company as Farm #30694 stands at 2,293.5±. Clients  Sign and Date Here Signature: X Date: X City of Grand Island by_______________________________________ Acceptance by Farmers National Company Signature: Date: Page 2 of 2 Farm #30694 Grand Island Council Session - 2/28/2023 Page 66 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-38 WHEREAS, the City of Grand Island entered into the Professional Tailored Services Agreement with Farmers National Company (FNC) April 1, 2016 and WHEREAS, on December 6, 2022, Jerry Janulewicz retired from the City of Grand Island; and WHEREAS, on February 1, 2023 FNC submitted an addendum to the Professional Tailored Services Agreement removing Jerry Janulewicz as an authorized representative and adding Laura McAloon and Patrick Brown as authorized representatives; and WHEREAS, the addendum included the addition of Lot 3, Hanover Third Subdivision to the management agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, approve the addendum to the Professional Tailored Services Agreement between Farmers National Company and City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 67 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-4 #2023-39 - Approving Bid Award for Asphalt Hot-Mix 2023 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 68 / 210 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:February 28, 2023 Subject:Approving Bid Award for Asphalt Hot-Mix 2023 Presenter(s):Keith Kurz PE, Interim Public Works Director Background Asphalt Hot-Mix is used by the Streets Division’s asphalt crew throughout the construction season to patch potholes and full-depth patch sections of roadways that are showing signs of failure. Bidders are given the opportunity to write-in mixes that they know they will be producing this season. This allows a wider variety of mixes with set prices to be available to the Streets Division. The purchase of asphalt can then be based on the type of mix best suited for each patching job. Discussion Bids were advertised on January 14, 2023 and sent to four (4) potential bidders. Two (2) bids were received and opened on February 16, 2023. Asphalt Hot-Mix 2023- Bid Award Recommendation Standard Mix Id Binder Primary Award Secondary Award Type SPR 64-34 J.I.L. Asphalt Paving Co. $69.00 per ton Gary Smith Construction Co. $75.60 per ton Alternate Mix Id Binder Primary Award Secondary Award J.I.L. Asphalt Paving Co.Type SPR 64-22 $60.25 per ton Gray Smith Construction Co. $69.80 per ton J.I.L. Asphalt Paving Co.Type SPR Fine 64-22 $62.55 per ton No Bid J.I.L. Asphalt Paving Co.Type SLX 64-22 $64.60 per ton Gary Smith Construction Co. $81.00 per ton Type A 64-22 No Bid No Bid Type B 64-22 No Bid No Bid Type B/C 64-22 Gary Smith Construction Co. $63.50 per ton No Bid Type C 64-22 No Bid No Bid Grand Island Council Session - 2/28/2023 Page 69 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of Asphalt Hot- Mix 2023 according to the bid award recommendation. Sample Motion Move to approve the purchase of the Asphalt Hot-Mix 2023 according to the bid award recommendation. Grand Island Council Session - 2/28/2023 Page 70 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 16, 2023 at 2:30 p.m. FOR:Asphalt Hot-Mix for 2023 DEPARTMENT:Public Works ESTIMATE:$75.00/Ton FUND/ACCOUNT:21033503-85547 PUBLICATION DATE:January 14, 2023 NO. POTENTIAL BIDDERS:4 SUMMARY Bidder:J.I.L. Aspahlt Paving Co.Gary Smith Const. Co., Inc. Grand Island, NE Grand Island, NE Exceptions:Noted None Bid Price: SPR 64-34 $69.00 $75.60 SPR 64-22:$60.25 $69.80 SPR Fine:$62.55 -0- Type SLX:$64.60 $81.00 Type B/C -0-$63.50 cc:Keith Kurz, Interim Public Works Director Shannon Callahan, Street Superintendent Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Catrina DeLosh, Admin. Asst. Public Works Laura McAloon, Interim City Administrator P2419 Grand Island Council Session - 2/28/2023 Page 71 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-39 WHEREAS, the City of Grand Island invited sealed bids for furnishing Asphalt Hot- Mix for 2023, according to plans and specifications on file with the Public Works Department; and WHEREAS, on February 16, 2023 bids were received, opened and reviewed; and, WHEREAS, J.I.L. Asphalt Paving Co. and Gary Smith Construction Co. submitted responsible bids within the bid specifications for Asphalt Hot-Mix 2023. Asphalt Hot-Mix 2023- Bid Award Recommendation Standard Mix Id Binder Primary Award Secondary Award Type SPR 64-34 J.I.L. Asphalt Paving Co. $69.00 per ton Gary Smith Construction Co. $75.60 per ton Alternate Mix Id Binder Primary Award Secondary Award J.I.L. Asphalt Paving Co.Type SPR 64-22 $60.25 per ton Gray Smith Construction Co. $69.80 per ton J.I.L. Asphalt Paving Co.Type SPR Fine 64-22 $62.55 per ton No Bid J.I.L. Asphalt Paving Co.Type SLX 64-22 $64.60 per ton Gary Smith Construction Co. $81.00 per ton Type A 64-22 No Bid No Bid Type B 64-22 No Bid No Bid Type B/C 64-22 Gary Smith Construction Co. $63.50 per ton No Bid Type C 64-22 No Bid No Bid NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bids for asphalt hot-mix purchased in the 2023 calendar year, are hereby approved; - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 72 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-5 #2023-40 - Approving Bid Award for Concrete Ready-Mix for 2023 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 73 / 210 Council Agenda Memo From:Shannon Callahan, Street Superintendent and Jeff Wattier, Solid Waste Superintendent Meeting:February 28, 2023 Subject:Approving Bid Award for Concrete Ready-Mix for 2023 Presenter(s):Keith Kurz PE, Interim Public Works Director Background On January 14, 2023 the Streets Division and Solid Waste Division of the Public Works Department advertised for bids for the purchase of Portland Cement Concrete Ready-Mix to be used in conjunction with concrete repairs throughout the 2023 calendar year. A primary and secondary bid award is being recommended which sets prices for more than one producer so material can be purchased in the event the other producer(s) are not delivering due to larger job demands or concrete plant shutdown/breakdown. Discussion Two (2) bids were received and opened on February 16, 2023. The bids were submitted in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein with no exceptions. Concrete Ready-Mix 2023- Bid Award Recommendation Primary Award Secondary Award Concrete Ready-Mix; delivery to various job sites in City Limits 47B-3500, Type IP Gerhold Concrete Company, Inc. of Grand Island, NE $135.15 per cubic yard Consolidated Concrete Co. of Grand Island, NE $150.75 per cubic yard 47B-3500, ALTERNATE Gerhold Concrete Company, Inc. of Grand Island, NE $135.15 per cubic yard No Bid 47B-HE (High Early)Gerhold Concrete Company, Inc. of Grand Island, NE $155.46 per cubic yard Consolidated Concrete Co. of Grand Island, NE $166.75 per cubic yard Flowable Fill Consolidated Concrete Co. of Grand Island, NE $93.50 per cubic yard Gerhold Concrete Company, Inc. of Grand Island, NE $94.75 per cubic yard Grand Island Council Session - 2/28/2023 Page 74 / 210 Concrete Ready-Mix; delivery to Grand Island Regional Landfill at 19550 West Husker Highway, Shelton, Nebraska 47B-3500, Type IP Gerhold Concrete Company, Inc. of Grand Island, NE $139.20 per cubic yard Consolidated Concrete Co. of Grand Island, NE $157.20 per cubic yard 47B-3500, ALTERNATE Gerhold Concrete Company, Inc. of Grand Island, NE $139.20 per cubic yard No Bid 47B-HE (High Early)Gerhold Concrete Company, Inc. of Grand Island, NE $159.51 per cubic yard Consolidated Concrete Co. of Grand Island, NE $173.20 per cubic yard Flowable Fill Gerhold Concrete Company, Inc. of Grand Island, NE $98.75 per cubic yard Consolidated Concrete Co. of Grand Island, NE $99.45 per cubic yard Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of Concrete Ready-Mix 2023 according to the bid award recommendation. Sample Motion Move to approve the purchase of Concrete Ready-Mix 2023 according to the bid award recommendation. Grand Island Council Session - 2/28/2023 Page 75 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 16, 2023 at 2:15 p.m. FOR:Concrete Ready-Mix for 2023 DEPARTMENT:Public Works ESTIMATE:$135.00/Streets $145.00/Solid Waste FUND/ACCOUNT:21033503 50530043 PUBLICATION DATE:January 14, 2023 NO. POTENTIAL BIDDERS:2 SUMMARY Bidder:Gerhold Concrete Norfolk, NE Exceptions:None Bid Price:City Limits Landfill 47B-3500, Type IP:$135.15 $139.20 47B-3500, Alternative: $135.15 $139.20 47B-HE (High Early):$155.46 $159.51 Flowable Fill:$ 94.75 $ 98.75 Bidder:Consolidated Concrete Co Hastings, NE Exceptions:Noted Bid Price:City 7imits Landfill 47B-3500, Type IP:$150.75 $157.20 47B-3500, Alternative: $150.75 $157.20 47B-HE (High Early):$166.75 $173.20 Flowable Fill:$ 93.50 $ 99.45 Grand Island Council Session - 2/28/2023 Page 76 / 210 cc:Keith Kurz, Interim Public Works Director Shannon Callahan, Street Superintendent Jeff Wattier, Solid Waste Superindendent Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Catrina DeLosh, Admin. Asst. Public Works P2418 Grand Island Council Session - 2/28/2023 Page 77 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-40 WHEREAS, the City of Grand Island invited sealed bids for furnishing Concrete Ready-Mix for 2023 for the Streets Division and Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on February 16, 2023, bids were received, opened and reviewed; and WHEREAS, Gerhold Concrete Co., Inc. and Consolidated Concrete Co., both of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein; and Concrete Ready-Mix 2023- Bid Award Recommendation Primary Award Secondary Award Concrete Ready-Mix; delivery to various job sites in City Limits 47B-3500, Type IP Gerhold Concrete Company, Inc. of Grand Island, NE $135.15 per cubic yard Consolidated Concrete Co. of Grand Island, NE $150.75 per cubic yard 47B-3500, ALTERNATE Gerhold Concrete Company, Inc. of Grand Island, NE $135.15 per cubic yard No Bid 47B-HE (High Early)Gerhold Concrete Company, Inc. of Grand Island, NE $155.46 per cubic yard Consolidated Concrete Co. of Grand Island, NE $166.75 per cubic yard Flowable Fill Consolidated Concrete Co. of Grand Island, NE $93.50 per cubic yard Gerhold Concrete Company, Inc. of Grand Island, NE $94.75 per cubic yard Concrete Ready-Mix; delivery to Grand Island Regional Landfill at 19550 West Husker Highway, Shelton, Nebraska 47B-3500, Type IP Gerhold Concrete Company, Inc. of Grand Island, NE $139.20 per cubic yard Consolidated Concrete Co. of Grand Island, NE $157.20 per cubic yard 47B-3500, ALTERNATE Gerhold Concrete Company, Inc. of Grand Island, NE $139.20 per cubic yard No Bid 47B-HE (High Early)Gerhold Concrete Company, Inc. of Grand Island, NE $159.51 per cubic yard Consolidated Concrete Co. of Grand Island, NE $173.20 per cubic yard Flowable Fill Gerhold Concrete Company, Inc. of Grand Island, NE $98.75 per cubic yard Consolidated Concrete Co. of Grand Island, NE $99.45 per cubic yard Grand Island Council Session - 2/28/2023 Page 78 / 210 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bids for concrete ready-mix purchased in the 2023 calendar year, are hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 79 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-6 #2023-41 - Bid Award for Annual Pavement Markings 2023 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 80 / 210 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:February 28, 2023 Subject:Bid Award for Annual Pavement Markings 2023 Presenter(s):Keith Kurz PE, Interim Public Works Director Background Pavement markings are a critical part of maintaining safety of the City’s roadways and have strict standards on size, location, color, and reflectivity set by the Manual on Uniform Traffic Control. Since 2014 the use of a pavement marking contractor has allowed the Streets Division to use its labor force to focus on the storm sewer cleaning program. Another benefit of utilizing contractor services is the reduction in traffic disruption accomplished by work being conducted only during off-peak hours (night) and completed faster using specialized equipment. The 2020 pavement marking contract was renewed for two (2) additional one-year periods, the maximum renewal periods stated in the bid solicitation, and is due for re- bidding this year. The 2023 pavement marking contract will also be available for two (2) additional one- year renewal periods based on interest of both the City and the Contractor. Discussion Bids were advertised on January 14, 2023 and sent to 13 potential bidders. Two (2) bids were received and opened on February 16, 2023. Bid summary is listed below: Bidder Sub-Contractor(s)Exceptions Total Bid Straight-Line Striping, Inc. of Grand Island, NE None None $138,564.00 Contractor Services, Inc. of North Platte, NE None None $279,575.00 Public Works staff has reviewed Straight Line Striping, Inc.’s bid submittal and feels the submittal is fair and reasonable. Grand Island Council Session - 2/28/2023 Page 81 / 210 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 Annual Pavement Markings 2023 to Straight-Line Striping, Inc. of Grand Island, Nebraska in the amount of $138,564.00. Sample Motion Move to approve awarding contract to Straight-Line Striping, Inc. of Grand Island, Nebraska in the amount of $138,564.00. Grand Island Council Session - 2/28/2023 Page 82 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 16, 2023 at 2:00 p.m. FOR:Annual Pavement Markings 2023 DEPARTMENT:Public Works ESTIMATE:$155,000.00 FUND/ACCOUNT:21033505 PUBLICATION DATE:January 14, 2023 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:Straight-Line Striping, Inc.Contractor Services, Inc. Grand Island, NE North Platte, NE Bid Security:Universal Surety Co.Cashiers Check Exceptions:None None Bid Price: Section 1:$104,164.00 $157,950.00 Section 2:$ 34,400.00 $101,625.00 Section 3: --0-_____ $ 20,000.00 Bid Total:$138,564.00 $279,575.00 cc:Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator Laura McAloon, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent P2417 Grand Island Council Session - 2/28/2023 Page 83 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-41 WHEREAS, the City of Grand Island invited sealed bids for Pavement Markings 2023, according to plans and specifications on file with the Streets Division of the Public Works Department; and WHEREAS, on February 16, 2023, bids were received, opened and reviewed; and WHEREAS, Straight-Line Striping, Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $138,564.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Straight-Line Striping, Inc. of Grand Island, Nebraska, in the amount of $138,564.00 for Pavement Markings 2023 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 84 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-7 #2023-42 - Approving Bid Award for Curb Ramp Project No. 2023-CR-1 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 85 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:February 28, 2023 Subject:Approving Bid Award for Curb Ramp Project No. 2023- CR-1 Presenter(s):Keith Kurz PE, Interim Public Works Director Background On January 25, 2023 the Engineering Division of the Public Works Department advertised for bids for the construction of curb ramps at various intersections in the City. The City is required to have a planned schedule for upgrading public sidewalk ramps to conform to American with Disabilities Act (ADA) standards. The attached map shows the locations for this year’s work. Discussion Two (2) bids were received and opened on February 21, 2023. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. BIDDER EXCEPTIONS BID PRICE Galvan Construction, Inc. of Grand Island, NE None $184,148.50* The Diamond Engineering Company, Grand Island, NE None $232,639.25* *corrected bid This bid of Galvan Construction, Inc. is within 3% of the estimate and considered to be fair and reasonable. 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 - 2/28/2023 Page 86 / 210 Recommendation City Administration recommends that the Council approve the bid award to the low compliant bidder, Galvan Construction, Inc. of Grand Island, Nebraska in the amount of $184,148.50. Sample Motion Move to approve the bid award. Grand Island Council Session - 2/28/2023 Page 87 / 210 c a d a a a b w. 2 n d s t r e e t n. gran t a v e .N. g r e enw i c h w. joh n s t. w. loi s e s t.S .ADAMS n. lo cu s t s t .n. w he e l e r s t . w. 14t h s t. w. 12t h s t. w. 6T H s t. PUBLIC WORKS DEPARTMENT 2023-CR-1 (ADA CURB RAMPS) BID SECTION LOCATIONS GRAND ISLAND, NEBRASKA N bid section a - base bid w. 2nd st. & n. grant st. (4 ramps) s. adams st. & W. john st. (8 ramps) w. louise st. & s. greenwich st. (8 ramps) w. 6th st. & greenwich st. (8 ramps) Bid section b - trinit[ lutheran school n. locust st. & w. 12th st. (8 ramps) n. locust st. & w. 13th st. (6 ramps) n. locust st. & w. 14th st. (8 ramps) n. wheeler ave. & w. 12th st. (8 ramps) n. wheeler ave. & w. 13th st. (5 ramps) n. wheeler ave. & w. 14th st. (7 ramps) Bid section c - adams st. & hedde st. s. adams st. & w. hedde st. (2 ramps) bid section d - adams st. & bike trail s. adams st. & bike trail (2 ramps) scale: none Grand Island Council Session - 2/28/2023 Page 88 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 21, 2023 at 2:00 p.m. FOR:Curb Ramp Project 2023-CR-1 DEPARTMENT:Public Works ESTIMATE:$182,000.00 FUND/ACCOUNT:21000001-2100-40004 PUBLICATION DATE:January 25, 2023 NO. POTENTIAL BIDDERS:15 SUMMARY Bidder:Diamond Engineering Co.Galvan Construction, Inc. Grand Island, NE Grand Island, NE Bid Security:Universal Surety Co.Western Surety Co. Exceptions:None None Bid Section A:$ 98,104.65 $83,041.50 Bid Section B:$108,440.00 $86,232.35 Bid Section C:$ 16,563.10 $ 7,695.05 Bid Section D:$ 10,126.50 $ 3,859.60 cc:Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, Engineer I Laura McAloon, Interim City Administrator P2423 Grand Island Council Session - 2/28/2023 Page 89 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-42 WHEREAS, the City of Grand Island invited sealed bids for Curb Ramp Project 2023-CR-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on February 21, 2023 bids were received, opened, and reviewed; and WHEREAS, Galvan Construction, Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $184,148.50; and WHEREAS, Galvan Construction, Inc.’s bid is within 3% of the estimate for such project and considered to be fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction, Inc. of Grand Island, Nebraska in the amount of $184,148.50 for Curb Ramp Project 2023-CR-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 90 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-8 #2023-43 - Approving Bid Award for the 2023 Asphalt Resurfacing Project No. 2023-AC-1 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 91 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:February 28, 2023 Subject:Approving Bid Award for the 2023 Asphalt Resurfacing Project No. 2023-AC-1 Presenter(s):Keith Kurz PE, Interim Public Works Director Background On January 26, 2023 the Engineering Division of the Public Works Department advertised for bids for the 2022 Asphalt Resurfacing Project No. 2023-AC-1. There were six (6) potential bidders for this project. This year’s work involves asphalt resurfacing on the following City streets. Section #1– Capital Avenue; Engleman Road to North Road Section #2– 13th Street; Engleman Road to North Road Section #3– Cannon Road; Mansfield Road to North Road Section #4– Old Potash Highway; Webb Road to Old Highway 30 Section #5- Horseshoe Place; Mansfield Road to Cul-De-Sac Section #6- Zola Lane; Horseshoe Place to North Road Section #7- Zola Court; Cul-De-Sac to Zola Lane Section #8- Allen Avenue; Morrison Drive to Zola Lane Section #9- Allen Court; Zola Lane to Cul-De-Sac Section #10- Lambchop Lane; Allen Avenue to North Road Section #11- Patchwork Place; Cul-De-Sac to North Road Grand Island Council Session - 2/28/2023 Page 92 / 210 Discussion Two (2) bids were received and opened on February 21, 2023. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Gary Smith Construction Co, Inc. of Grand Island, NE J.I.L. Asphalt Paving Co. of Grand Island, NE Bid Section 1 $210,372.75 $225,424.00 Bid Section 2 $169,352.70 $174,295.60 Bid Section 3 $101,437.95 $106,645.90 Bid Section 4 $106,184.10 $113,226.70 Bid Section 5 $26,133.67 $31,425.80* Bid Section 6 $40,035.36 $41,848.16 Bid Section 7 $16,422.39*$18,114.49 Bid Section 8 $22,282.08 $22,716.58 Bid Section 9 $18,671.05 $20,042.80 Bid Section 10 $15,105.96 $15,506.46* Bid Section 11 $12,834.36 $14,366.46* Grand Total = $738,832.37*$783,612.95* *corrected calculation Public Works Engineering staff recommends the contract award to Gary Smith Construction Co., Inc. of Grand Island, Nebraska in the amount of $738,832.37. 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 a contract to Gary Smith Construction Co., Inc. of Grand Island, Nebraska in the amount of $738,832.37 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 2/28/2023 Page 93 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 21, 2023 at 2:15 p.m. FOR:Asphalt Maintenance Project No. 2023-AC-1 DEPARTMENT:Public Works ESTIMATE:$920,000.00 FUND/ACCOUNT:21033506 PUBLICATION DATE:January 26, 2023 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:J.I.L. Asphalt Paving Co.Gary Smith Const. Co., Inc. Grand Island, NE Grand Island, NE Bid Security:Granite Re, Inc.Inland Insurance Co. Exceptions:None None Bid Price: Section 1:$225,424.00 $210,372.75 Section 2:$174,295.60 $169,352.70 Section 3:$106,645.90 $101,437.95 Section 4:$113,226.70 $106,184.10 Section 5:$ 28,473.80 $ 26,133.64 Section 6:$ 41,848.16 $ 40,035.36 Section 7:$ 18,114.49 $ 22,632.39 Section 8:$ 22,716.58 $ 22,282.08 Section 9:$ 20,042.80 $ 18,671.05 Section 10:$ 14,993.46 $ 15,105.96 Section 11:$ 14,346.46 $ 12,834.36 Total Bid:$780,127.95 $745,042.37 cc:Keith Kurz, Interim Public Works Director Catrina DeLosh, Admin. Cord. PW Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, Engineer I Laura McAloon, Interim City Administrator P2425 Grand Island Council Session - 2/28/2023 Page 94 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-43 WHEREAS, the City of Grand Island invited sealed bids for Asphalt Resurfacing Project No. 2023-AC-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on February 21, 2023 bids were received, opened, and reviewed; and WHEREAS, Gary Smith Construction Co., Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $738,832.37. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Gary Smith Construction Co., Inc. of Grand Island, Nebraska in the amount of $738,832.37 for Asphalt Maintenance Project No. 2023-AC-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 95 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-9 #2023-44 - Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2023 Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 96 / 210 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:February 28, 2023 Subject:Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2023 Presenter(s):Keith Kurz PE, Interim Public Works Director Background On January 25, 2023 the Streets Division of the Public Works Department advertised for bids for concrete pavement and storm sewer repairs for the 2023 calendar year. The contracted concrete pavement and storm sewer work supplements the repair work that is performed by the City’s crews. Discussion One (1) bids was received and opened on February 21, 2022. The bid submitted is in compliance with the contract, plans, and specifications with no exceptions. A summary of the bid received is below. Bidder Bid Price The Diamond Engineering Co. of Grand Island, NE $868,122.50 The Diamond Engineering Co. of Grand Island, Nebraska provided the lowest responsible bid in the amount of $868,122.50. This is a calendar year contract that extends beyond the current fiscal year. In the event that funds become unavailable in the fiscal year 2023/2024, the scope of work for this contract will be scaled down accordingly. 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 - 2/28/2023 Page 97 / 210 Recommendation City Administration recommends that the Council approve awarding the contract to The Diamond Engineering Co. of Grand Island, Nebraska in the amount of $868,122.50. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/28/2023 Page 98 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 21, 2023 at 2:30 p.m. FOR:Concrete & Pavement Storm Sewer Repair 2023 – Various Locations DEPARTMENT:Public Works ESTIMATE:$950,000.00 FUND/ACCOUNT:21033506 PUBLICATION DATE:January 25, 2023 NO. POTENTIAL BIDDERS:6 SUMMARY Bidder:Diamond Engineering Co. Grand Island, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price:$868,122.50 cc:Keith Kurz, Interim Public Works Director Catrina DeLosh, PW Admin. Coordinator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Superintendent Laura McAloon, Interim City Administrator P2422 Grand Island Council Session - 2/28/2023 Page 99 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-44 WHEREAS, the City of Grand Island invited sealed bids for Concrete Pavement and Storm Sewer Repairs 2023, according to plans and specifications on file with the Streets Division of the Public Works Department; and WHEREAS, on February 21, 2023 bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Co. 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 $868,122.50. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Co. of Grand Island, Nebraska, in the amount of $868,122.50 for Concrete Pavement and Storm Sewer Repairs 2023 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 100 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-10 #2023-45 - Approving Purchase of One (1) New F150, Four-Wheel Drive Pick-up for the Streets Division of the Public Works Department Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 101 / 210 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:February 28, 2023 Subject:Approving Purchase of One (1) New F150, Four-Wheel Drive Pick-up for the Streets Division of the Public Works Department Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Streets Division of the Public Works Department budgeted funds in fiscal year 2022/2023 for one (1) new ½ ton, four-wheel drive pick-up. The new unit will be used as the primary vehicle for sign repairs as this is a high per year mileage unit. The vehicle currently used for sign repairs will be rotated down to a general work truck used for underground locates, inspections, and staff transporting. The pickup being replaced is, Unit 200, a 1999 Ford F-150 with 117,786 miles and a repair cost to purchase price ratio of 0.92. The vehicle will be offered to other Divisions before being sold at auction. Pictures and inspection form are attached. Discussion The vehicle specifications awarded under State of Nebraska Contract No. 15731 OC to Anderson Ford of Lincoln, Nebraska meet all of the requirements for the Streets Division. The purchase price of the new Ford F150 regular cab with four-wheel drive under the State of Nebraska Contract will be $41,298.00. 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 - 2/28/2023 Page 102 / 210 Recommendation City Administration recommends that the Council approve the purchase of a New F150, Four-Wheel Drive pickup using the State of Nebraska Contract No. 15731 OC awarded to Anderson Ford of Lincoln, Nebraska for a purchase price $41,298.00. Sample Motion Move to approve the resolution Grand Island Council Session - 2/28/2023 Page 103 / 210 UNIT 200 Grand Island Council Session - 2/28/2023 Page 104 / 210 Notes: Front bumper is rusted and has a small hole on left side. Right quarter panel has rust at the bottom. Passenger door has rust at bottom of it. Passenger rear door has rust on the bottom of it. Truck bed has rust on bottom of it and has rust holes in the corners, right side under tail light lens has a dent. Rear bumper is rusting and chrome is pealing. Driver rear door has rust on the bottom. Driver door had rust on the bottom and a small crack by the rear side of the window frame. Interior ceiling is falling down. Driver seat is cracking and coming apart. Rear seat has some black marks on them. Brake pedal cover is worn on the right side. Missing owner’s manual. Glove box difficult to close. Horn intermittent works. Both valve covers have leaks. Fan belt is starting to crack. Power steering pump is leaking and the cooling hoses are leaking. Front shocks are starting to leak. Tie rod end boots are cracked. Rear differential pinion seal is leaking. Spare tire missing, and all tires are starting to weather check. Grand Island Council Session - 2/28/2023 Page 105 / 210 Approved as to Form ¤ ___________ February 24, 20232 ¤ City Attorney R E S O L U T I O N 2023-45 WHEREAS, the Streets Division of the Public Works Department for the City of Grand Island, budgeted for a vehicle in the 2022/2023 fiscal year; and WHEREAS, the State of Nebraska Contract No. 15731 OC meets all equipment specifications and all statutory bidding requirements; and WHEREAS, the State of Nebraska awarded said contract to Anderson Ford of Lincoln, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment is authorized for a New F150 Four-Wheel Drive pickup in the amount of $41,298.00 from Anderson Ford of Lincoln, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 106 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-11 #2023-46 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Sagewood Phase II, LLC- 1921 Sagewood Avenue) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 107 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-46 WHEREAS, public right-of-way is required by the City of Grand Island for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, from property described as follows: Property Owner Legal Description Amount Sagewood Phase II, LLC A TRACT OF LAND CONSISTING OF PART OF LOT 2 OF STARLITE SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S00o36’02”E, ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 693.01 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N89o58’32”W A DISTANCE OF 45.56 FEET ALONG THE SOUTH LINE OF SAID LOT 2; THENCE N00o35’44”W A DISTANCE OF 122.23 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 1303.00 FEET, A DELTA ANGLE OF 11o53’09”, AN ARC LENGTH OF 270.30 FEET AND A CHORD BEARING N06o32’19”W FOR A DISTANCE OF 269.82 FEET; THENCE N12o28’53”W A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 653.50 FEET; A DELTA ANGLE OF 5o56’24”, AN ARC LENGTH OF 67.75 FEET AND A CHORD BEARING N15o27’05”W FOR A DISTANCE OF 67.72 FEET TO A POINT OF REVERSE CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 209.32 FEET, A DELTA ANGLE OF 8o07’32”, AN ARC LENGTH OF 29.68 FEET AND A CHORD BEARING N14o21’32”W FOR A DISTANCE OF 29.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE S89o59’50”E A DISTANCE OF 137.17 FEET TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 52,627 SQUARE FEET MORE OR LESS. $140,000.00 Total= $140,000.00 WHEREAS, an agreement for the public right-of-way has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to enter into the Agreement for the public right-of-way on the above described tract of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. Grand Island Council Session - 2/28/2023 Page 108 / 210 - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 109 / 210 Grand Island Council Session - 2/28/2023 Page 110 / 210 Grand Island Council Session - 2/28/2023 Page 111 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-12 #2023-47 - Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4 (Sagewood Phase II, LLC- 19121 Sagewood Avenue) Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 112 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:February 28, 2023 Subject:Approving Temporary Construction Easement for Claude Road; Faidley Avenue to State Street; Project No. 2022- P-4 (Sagewood Phase II, LLC- 19121 Sagewood Avenue) Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Claude Road; Faidley Avenue to State Street project is for the addition and improvement of several roadways in the City of Grand Island. It is anticipated that these projects will occur over several years at a pace dictated by budgets, development growth and need. A Claude Road extension from just north of Faidley Avenue to State Street is the major focus of this project. It is desired to build this roadway and several connections to Diers Avenue guided by an existing City of Grand Island concept plan. This project will allow for improvements to the Diers Avenue corridor intended to control access and improve traffic performance and safety. The Diers Avenue improvements would be the second component to this project. Also associated with this project is the potential for improvements to the Highway 281 and 30 corridors adjacent to the other project areas. These improvements would focus on creating north and southbound left-turn lane offsets as well as right turn lanes to exit from the highway. This portion of the project could involve potential application of NDOT safety funds and would involve coordination with NDOT throughout the project. The Public Works Department is proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. A sketch is attached to show the temporary construction easement area. Discussion A temporary construction easement is needed for the new Claude Road section from the proposed 18th Street, which is scheduled to be built this spring, to State Street. Engineering staff of the Public Works Department negotiated with the property owner for use of such temporary construction easement area. Grand Island Council Session - 2/28/2023 Page 113 / 210 Property Owner Legal Description Cost Sagewood Phase II, LLC A TEMPORARY EASEMENT CONSISTING OF PART OF LOT 2 OF STARLITE SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, THENCE AN ASSUMED BEARING OF N89o59’50”W ALOLNG THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 137.17 FEET TO THE POINT OF BEGINNING; THENCE S10o17’46”E A DISTANCE OF 120.71 FEET TO A POINT OF CURVATURE; THENCE AROUND CURVE IN A COUTERCLOCKWISE DIRECTION HAVING A RADIUS OF 209.32 FEET, A DELTA ANGLE OF 08o07’32”, AN ARC LENGTH OF 29.68 FEET AND A CHORD BEARING S14o21’32”E FOR A DISTANCE OF 29.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 653.50 FEET, A DELTA ANGLE OF 05o56’24”, AN ARC LENGTH OF 67.75 FEET AND A CHORD BEARING S15o27’05”E FOR A DISTANCE OF 67.72 FEET; THENCE S12o28’53”E A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 1303.00 FEET, A DELTA ANGLE OF 11o53’09”, AN ARC LENGTH OF 270.30 FEET AND A CHORD BEARING S06o32’19”E FOR A DISTANCE OF 269.82 FEET; THENCE S00o35’44”E A DISTANCE OF 122.23 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE N89o58’32”W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET; THENCE N00o35’44”W A DISTANCE OF 122.12 FEET TO A POINT OF CURVATURE THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 1293.00 FEET, A DETLA ANGLE OF 11o53’09”, AN ARC LENGTH OF 268.23 FEET AND A CHORD BEARING N06o32’19”W FOR A DISTANCE OF 267.75 FEET; THENCE N12o28’53”W A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 643.50 FEET, A DELTA ANGLE OF 05o56’24”, AN ARC LENGTH OF 66.71 FEET AND A CHORD BEARING N15o27’05”W FOR A DISTANCE OF 66.68 FEET; THENCE N25o12’33”W A DISTANCE OF 66.84 FEET; THENCE N10o17’46”W A DISTANCE OF 91.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE S89o59’50”E ALONG SAID NORTH LINE A DISTANCE OF 25.41 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 8,818 SQUARE FEET MORE OR LESS. $2,400.00 Total= $2,400.00 Grand Island Council Session - 2/28/2023 Page 114 / 210 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the Temporary Construction Easement between the City of Grand Island and the affected property owner for Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4, in the total amount of $2,400.00. Sample Motion Move to approve the temporary construction easement. Grand Island Council Session - 2/28/2023 Page 115 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-47 WHEREAS, a temporary construction easement is required by the City of Grand Island, from property described below to construct Claude Road; Faidley Avenue to State Street; Project No. 2022-P-4: Property Owner Legal Description Cost Sagewood Phase II, LLC A TEMPORARY EASEMENT CONSISTING OF PART OF LOT 2 OF STARLITE SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, THENCE AN ASSUMED BEARING OF N89o59’50”W ALOLNG THE NORTH LINE OF SAID LOT 2 A DISTANCE OF 137.17 FEET TO THE POINT OF BEGINNING; THENCE S10o17’46”E A DISTANCE OF 120.71 FEET TO A POINT OF CURVATURE; THENCE AROUND CURVE IN A COUTERCLOCKWISE DIRECTION HAVING A RADIUS OF 209.32 FEET, A DELTA ANGLE OF 08o07’32”, AN ARC LENGTH OF 29.68 FEET AND A CHORD BEARING S14o21’32”E FOR A DISTANCE OF 29.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 653.50 FEET, A DELTA ANGLE OF 05o56’24”, AN ARC LENGTH OF 67.75 FEET AND A CHORD BEARING S15o27’05”E FOR A DISTANCE OF 67.72 FEET; THENCE S12o28’53”E A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 1303.00 FEET, A DELTA ANGLE OF 11o53’09”, AN ARC LENGTH OF 270.30 FEET AND A CHORD BEARING S06o32’19”E FOR A DISTANCE OF 269.82 FEET; THENCE S00o35’44”E A DISTANCE OF 122.23 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE N89o58’32”W ALONG SAID SOUTH LINE A DISTANCE OF 10.00 FEET; THENCE N00o35’44”W A DISTANCE OF 122.12 FEET TO A POINT OF CURVATURE THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 1293.00 FEET, A DETLA ANGLE OF 11o53’09”, AN ARC LENGTH OF 268.23 FEET AND A CHORD BEARING N06o32’19”W FOR A DISTANCE OF 267.75 FEET; THENCE N12o28’53”W A DISTANCE OF 92.08 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A COUNTERCLOCKWISE DIRECTION HAVING A RADIUS OF 643.50 FEET, A DELTA ANGLE OF 05o56’24”, AN ARC LENGTH OF 66.71 FEET AND A CHORD BEARING N15o27’05”W FOR A DISTANCE OF 66.68 FEET; THENCE N25o12’33”W A DISTANCE OF 66.84 FEET; THENCE N10o17’46”W A DISTANCE OF 91.66 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE S89o59’50”E ALONG SAID NORTH LINE A DISTANCE OF 25.41 FEET TO THE POINT OF BEGINNING. SAID TEMPORARY EASEMENT CONTAINS 8,818 SQUARE FEET MORE OR LESS. $2,400.00 Total= $44,710.00 Grand Island Council Session - 2/28/2023 Page 116 / 210 - 2 - WHEREAS, such Temporary Construction easement has been reviewed and approved by the City Legal Department. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to compensate the affected property owner for the Temporary Construction easement on the above described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 117 / 210 Grand Island Council Session - 2/28/2023 Page 118 / 210 Grand Island Council Session - 2/28/2023 Page 119 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-13 #2023-48 - Approving Purchase of a New 14’ Vee Box Bulk Salt Spreader for the Streets Division of the Public Works Department Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 120 / 210 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:February 28, 2023 Subject:Approving Purchase of a new 14’ Vee Box Bulk Salt Spreader for the Streets Division of the Public Works Department Presenter(s):Keith Kurz PE, Interim Public Works Director Background The Streets Division’s Ice Control Operation is performed by spreading salt and other granular products on the roadway to reduce slick conditions for motorists and provide safer roadways during winter weather. This operation impacts a large percentage of roadway users and is very time sensitive. The spreading of salt is performed by trucks outfitted with bulk salt spreaders. Prior to 2020 the Streets Division had only four salt trucks to complete ice control on the major roadways. With the growth of the City these four trucks were taking a long time to treat all the required roadways. In 2020, a fifth salt truck was added to the operation by means of using a large dump truck with tailgate salt spreader. A salting route was created specifically for this unit as it has a larger capacity than the other units and therefore can travel farther before needing to be reloaded with salt. The highest priority roadway for this unit’s route is Webb Road with average traffic counts between 11,000 and 15,000 vehicles per day. The dump truck with tailgate salt spreader was set up as a trial since all the other units have vee box spreaders. Salt is fed into the tailgate spreader by means of gravity in which the box on the dump truck must be raised as the truck is being driven. In contrast, the vee box spreaders have a conveyor belt system that feeds the spreader without the need to raise a dump box. The tailgate spreader is less expensive to purchase and install so the trial was used to determine if this would work for the City moving forward. Grand Island Council Session - 2/28/2023 Page 121 / 210 Tailgate Spreader Example Vee Box Spreader Example The dump truck with tailgate spreader trial has shown that this set up is very difficult to use within the City. The height the dump body can be raised in town is limited by the number of overhead power lines, overhead cables, and traffic signals. This limitation has led to issues with salt being fed into the spreader causing inconsistent spreading and issues with salt clumping and sticking to the dump body. Once the salt begins to clump as it is fed to the spreader, the spreader will leave large piles of wasted salt instead of spreading evenly. Often times, the operator has to stop and manually unclog the spreader when working the route which takes up valuable time and is unsafe. Therefore, the Streets Division is recommending replacing the tailgate salt spreader setup with a vee box spreader. There are funds available in the 2022/2023 budget for a new 14’ Vee Box Bulk Salt Spreader because of a $72,000 cost savings from purchasing a front Grand Island Council Session - 2/28/2023 Page 122 / 210 end loader opposed to a motor grader (approved by City Council on December 20, 2022, via Resolution No. 2022-357). Discussion The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA), now known as Sourcewell, with Resolution 2014-326. To meet competitive bidding requirements, the Streets Division obtained pricing from the (NJPA) Sourcewell Contract No. 080818-HPI awarded to Henderson Products, Inc. of Manchester, Iowa. Per the Sourcewell Contract No. 080818-HPI the price for the new 14’ Vee Box Bulk Salt Spreader, that meets the City’s requirements, will be $34,288.20 with an estimated freight cost of $2,000.00 for a net purchase price of $36,288.20. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of a new 14’ Vee Box Bulk Salt Spreader from Henderson Products, Inc. of Manchester, Iowa for a net purchase price of $36,288.20. Sample Motion Move to approve the purchase of a new 14’ Vee Box Bulk Salt Spreader from Henderson Products, Inc. of Manchester, Iowa for a net purchase price of $36,288.20. Grand Island Council Session - 2/28/2023 Page 123 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-48 WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance, cooperative purchasing group was utilized to secure competitive bids for a new 14’ Vee Box Bulk Salt Spreader by the Streets Division of the Public Works Department; and WHEREAS, Sourcewell Contract No. Sourcewell Contract No. 080818-HPI was awarded to Henderson Products, Inc. of Manchester, Iowa; and WHEREAS, the Public Works Department has recommended the purchase of a new 14’ Vee Box Bulk Salt Spreader for a purchase price of $34,288.20 and an estimated freight cost of $2,000.00 for a net purchase price $36,288.20. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for the new 14’ Vee Box Bulk Salt Spreader from Henderson Products, Inc. of Manchester, Iowa is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 124 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-14 #2023-49 - Approving Award of Professional Engineering Consulting Services for Storm Water Modeling Project Staff Contact: Keith Kurz PE, Interim Public Works Director Grand Island Council Session - 2/28/2023 Page 125 / 210 Council Agenda Memo From:Keith Kurz PE, Interim Public Works Director Meeting:February 28, 2023 Subject:Approving Award of Professional Engineering Consulting Services for Storm Water Modeling Project Presenter(s):Keith Kurz PE, Interim Public Works Director Background A Request for Qualifications (RFQ) for engineering consulting services for Storm Water Modeling was advertised in the Grand Island Independent on June 22, 2022. The RFQ was also sent to sixteen (16) potential firms by the Engineering Division of the Public Works Department. Over the course of the last several years, Public Works staff has been working to survey and catalog the storm sewer system within the City. One goal of this process was to use that information to analyze the system for performance and to evaluate potential improvements or changes to aid in increased function of the storm sewer system. The first part of the process will more than likely be a small watershed to document the area and develop a model, with potential projects and cost estimates for future planning. Once this initial area is complete, the rest of the City could be evaluated in whole or in parts in a similar manner. This project could also plan, design and build several small projects identified in the above evaluations or evaluate other problems that arise to improve drainage in areas of Grand Island if a yearly budget would allow. If or when projects are developed, smaller projects could be combined into larger projects for bidding and construction. This could be subject to change. Discussion Two (2) submittals were received and opened on July 14, 2022, reviewed and scored. Using the evaluation criteria set out in the Request for Qualifications the submittal from Olsson, Inc. of Grand Island, Nebraska was deemed able to perform the work required. Negotiations with the selected firm resulted in an agreed upon amount of $89,400.00 for such services. Initial areas to study are 7th Street and Clark Street, drainage coming into the Locust Street corridor near Anna Street, and drainage near Blaine Street and Stolley Park Road, as well as the adjacent detention cell operation. Grand Island Council Session - 2/28/2023 Page 126 / 210 Funds for the consulting services are in the approved 2022/2023 Capital Improvement Project budget. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the award of Professional Engineering Consulting Services for Storm Water Modeling Project to Olsson, Inc. of Grand Island, Nebraska for an amount not to exceed $89,400.00. Sample Motion Move to approve the resolution authorizing the Mayor to execute a contract with Olsson, Inc. of Grand Island, Nebraska for Storm Water Modeling Project for an amount not to exceed $89,400.00. Grand Island Council Session - 2/28/2023 Page 127 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-49 WHEREAS, the City Of Grand Island invited submittals for professional engineering consulting services for Storm Water Modeling Project, according to the Request For Qualifications (RFQ) on file with the Engineering Division of the Public Works Department; and WHEREAS, on July 14, 2022 submittals were received, reviewed, and evaluated in accordance with established criteria in the RFQ; and WHEREAS, Olsson, Inc. of Grand Island, Nebraska submitted qualifications in accordance with the terms of the Request for Qualifications and all statutory requirements contained therein and the City Procurement Code and City staff negotiated a contract price for the work performed at an amount not to exceed $89,400.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to take all actions necessary to enter into a contract on behalf of the City of Grand Island with Olsson, Inc. of Grand Island, Nebraska for professional engineering consulting services for Storm Water Modeling Project. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 128 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-15 #2023-50 - Approving PGS Coal Combustion Residual (CCR) Groundwater Services - Task 21 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2023 Page 129 / 210 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 28, 2023 Subject:PGS - Coal Combustion Residual (CCR) Groundwater Services – Task 21 Presenter(s):Timothy G. Luchsinger, Utilities Director Background On April 17, 2015, the U.S. Environmental Protection Agency (EPA) published the final rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA). The rule became effective on October 19, 2015. In general, CCR compliance activities include publication of public information on the web, signage, groundwater sampling, and impoundment structural and safety assessment is required for the Platte Generating Station. Platte Generating Station personnel reviewed the regulations and determined consulting services were needed to meet the CCR Rule compliance schedule. HDR Engineering was hired as the sole source to ensure timeliness, high quality and consistency among other electric utilities and independent power producers in Nebraska. Discussion On September 27th, 2016, Council Approved HDR Engineering to complete Tasks 1-4 to include ground water sampling, review of the Ash land fill closure plan, Post-closure plan, and Run on/run off control system plan for a cost not to exceed $86,290. On September 24, 2019, Council approved HDR Engineering to complete Tasks 5-9 to include groundwater sampling, fugitive dust control, alternative source demonstration (ASD) investigation, statistical analysis reporting, and preparation of a conceptual site model of the hydrologic and hydro-geochemical setting of the PGS Ash Landfill including evaluation of the results of the model for a cost not to exceed $189,960.00. On October 8, 2019, Council approved HDR Engineering to complete Task 10 to include preparation for the Title 132 Permit Renewal Application and amend the CCR Run-On and Run-Off Control System Plan for a cost not to exceed $39,970.00. On March 10, Grand Island Council Session - 2/28/2023 Page 130 / 210 2020, Council approved HDR Engineering to amend Task 10 to address and respond to NDEE regarding the Title 132 Permit Renewal Application revisions and amend the CCR Run-On and Run-Off Control system for an additional cost not to exceed $14,860.00. On October 8, 2019, Council approved HDR Engineering to complete Task 11 for the CCR 2019 Annual Landfill Inspection and Fugitive Dust Control Reporting for a cost not to exceed $12,990.00. On November 26, 2019, Council approved HDR Engineering to complete Task 12 to meet the next phase of the CCR Rule for finalizing the Assessment of Corrective Measures (ACM) and update the CCR Groundwater Certifications including the upgradient well MW-10, Task 12 for a cost not to exceed $16,600.00. On March 10, 2020, Council approved HDR Engineering to complete Task 13 for the CCR Groundwater Monitoring and Reporting, including semi-annual Groundwater Sampling for the First and Second half of 2020, and the 2020 Spring and Fall Groundwater Reports for a cost not to exceed $47,100.00. On June 23, 2020, Council approved HDR Engineering to complete Task 14 for the Site Investigation services for the detection of contaminants at an increased level for a cost not to exceed $25,900.00. On August 11, 2020, Council approved HDR Engineering to complete Task 15 for the CCR Groundwater Services-NDEE Meeting and Corrective Action for the NDEE Meeting and Corrective Action and Monitoring Plan following the ACM report for a cost not to exceed $35,600.00. On September 22, 2020, Council approved HDR Engineering to complete Task 16 for the CCR 2020 Annual Landfill Inspection, Fugitive Dust Control Reporting, and initial Generation and Utilization Report for a cost not to exceed $13,310.00. On March 9, 2021, Council approved HDR Engineering to complete Task 17 for the CCR 2021 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2021, and the 2021 Spring and Fall Groundwater reports for a cost not to exceed $39,900.00. On December 28, 2021, Council approved HDR Engineering to complete Task 18 for the CCR Annual Landfill Inspection, Fugitive Dust Control report and the annual CCR generation and utilization report for a cost not to exceed $13,580.00. On April 26, 2022, Council approved HDR Engineering to complete Task 19 for the CCR 2022 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2022, and the 2022 Spring and Fall Groundwater Reports for a cost not to exceed $40,000.00. Grand Island Council Session - 2/28/2023 Page 131 / 210 On November 22, 2022, Council approved HDR Engineering to complete Task 20 for the CCR Annual Landfill Inspection, Fugitive Dust Annual Control Report, and CCR Generation and Utilization Annual Report for a cost not to exceed $13,890.00. Task 21 is being presented for the CCR 2023 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2023, and the 2023 Spring and Fall Groundwater Reports for a cost not to exceed $40,000.00. To ensure the same high quality and consistency for these next phases of the CCR Rule 257.95(g) and NDEE Title 132, it is recommended that HDR Engineering continue with these tasks. HDR is providing state-wide consistency across the state of Nebraska with the NDEE. In accordance with City procurement code, plant staff recommends that the Council authorize HDR Engineering continue their services as the Consulting Engineer for the Platte Generating Station CCR requirements. 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 authorize HDR Engineering, Inc of Omaha, Nebraska, for providing Engineering services to meet the Coal Combustion Residuals program CCR Groundwater Services – Task 21 for a fee not to exceed $40,000.00. Sample Motion Move to approve the resolution authorizing the Mayor to authorize HDR Engineering, Inc, of Omaha, Nebraska for Engineering Services for the Platte Generating Station CCR Groundwater Services –Task 21 for a fee not to exceed $40,000.00. Grand Island Council Session - 2/28/2023 Page 132 / 210 Grand Island Council Session - 2/28/2023 Page 133 / 210 Grand Island Council Session - 2/28/2023 Page 134 / 210 Grand Island Council Session - 2/28/2023 Page 135 / 210 Grand Island Council Session - 2/28/2023 Page 136 / 210 Grand Island Council Session - 2/28/2023 Page 137 / 210 Grand Island Council Session - 2/28/2023 Page 138 / 210 Grand Island Council Session - 2/28/2023 Page 139 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-50 WHEREAS, the U.S. Environmental Protection Agency’s Rule for the regulation and management of Coal Combustion Residual (CCR) under the Resource Conservation and Recovery Act (RCRA) became effective on October 19, 2015; and WHEREAS, personal at the Platte Generating Station reviewed the regulations and determined consulting services were needed to meet the CCR Rule Compliance schedule, and HDR Engineering was hired as the sole source to ensure timeliness, high quality and consistency among other electric utilities and independent power producers in Nebraska; and WHEREAS, on September 27, 2016, Council approved HDR Engineering to complete task 1-4 to include ground water sampling, review of the Ash Landfill Closure Plan, Post-closure Plan, and Run-on/run-off Control System Plan at a cost not to exceed $86,290.00; and WHEREAS, on September 24, 2019, Council approved HDR Engineering to complete Tasks #5-9 to allow compliance with the CCR Rule at an amount not to exceed $189,960.00; and WHEREAS, on October 8, 2019, Council approved HDR Engineering to complete Task 10 to include preparation for the Title 132 Permit Renewal Application and amend the CCR Run-On and Run-Off Control System Plant at a cost not to exceed $39,970.00; and Task 11 for the CCR 2019 Annual Landfill Inspection and Fugitive Dust Control Reporting at a cost not to exceed $12,990.00; and WHEREAS, on November 26, 2019, Council approved HDR Engineering to completed Task 12, upgradient Well MW-11, at a cost not to exceed $16,660.00; and WHEREAS, to ensure continued preparation and to address and respond to NDEE regarding the Title 132 Permit Renewal Application revisions and amend the CCR Run-on and Run-off Control System, Task 10-300, it is recommended that HDR Engineering continue with these tasks. Task 10-300 is being presented at a cost not to exceed $14,860.00; and WHEREAS, on March 10, 2020, Council approved Task 13 for the CCR Groundwater Monitoring and Reporting which included semi-annual Groundwater Sampling for the first and second half of 2020, and the 2020 Spring and Fall Groundwater Reports at a cost not to exceed $47,100.00; and WHEREAS, on June 23, 2020, Council approved HDR Engineering to complete Task 14 for the Site Investigation Services for the detection of contaminants at an increased level at a cost not to exceed $25,900.00; and WHEREAS, on August 11, 2020, Council approved Task 15 for the CCR Groundwater Services – NDEE Meeting and Corrective Action and Monitoring Plan following the ACM report at a cost not to exceed $35,600.00; and WHEREAS, on September 22, 2020, Council approved Task 16 for the CCR Grand Island Council Session - 2/28/2023 Page 140 / 210 - 2 - Groundwater Services for the CCR Annual Landfill Inspection, Fugitive Dust Control Reporting, and initial Generation and Utilization Report for a cost not to exceed $13,310.00; and WHEREAS, on March 9, 2020, Council approved Task 17 for the CCR 2021 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2021, and the 2021 Spring and Fall Groundwater Reports at a cost not to exceed $39,900.00; and WHEREAS, on December 28, 2021, Council approved HDR Engineering to complete Task 18 for the CCR Annual Landfill Inspection, Fugitive Dust Control report and the annual CCR generation and utilization report for a cost not to exceed $13,580.00; and WHEREAS, on April 26, 2022, Council approved HDR Engineering to complete Task 19 for the CCR 2022 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2022, and the 2022 Spring and Fall Groundwater Reports for a cost not to exceed $40,000.00; and WHEREAS, on November 22, 2022, Council approved HDR Engineering to complete Task 20 for the CCR Annual Landfill Inspection, Fugitive Dust Annual Control Report, and CCR Generation and Utilization Annual Report for a cost not to exceed $13,890.00; and WHEREAS, Task 21 is being presented for the CCR 2023 Groundwater Monitoring and Reporting, including semi-annual field sampling for the first and second half of 2023, and the 2023 Spring and Fall Groundwater Reports for a cost not to exceed $40,000.00; and WHEREAS, to ensure the same high quality and consistency for these next phases of the CCR Rule 257.95(g) and NDEE Title 132, it is recommended that HDR Engineering continue with Task 21 for the 2023 Groundwater Monitoring and Reporting, and CCR Generation and the 2023 Spring and Fall Groundwater Reports for a cost not to exceed $40,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that HDR Engineering is authorized to continue with Task 21 associated with the CCR Rule and NDEE Title 132 in an amount not to exceed $40,000.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _________________________________ Roger G. Steele, Mayor Attest: ______________________________ Grand Island Council Session - 2/28/2023 Page 141 / 210 - 3 - RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 142 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-16 #2023-51 - Approving Emergency Procurement of Burdick Station CO2 Fire Suppression System Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2023 Page 143 / 210 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:February 28, 2023 Subject:Approving Emergency Procurement of Burdick Generating Station CO2 Fire Suppression System Presenter(s):Timothy G. Luchsinger, Utilities Director Background Burdick Generating Station’s oldest generating unit, GT1, is Grand Island’s black start unit, meaning it can be started when no outside power is available, and can be used to start Grand Island’s other units, Platte Generating Station and Burdick’s GT2 and GT3, and restore electric service to the City in the extreme situation of a regional event. GT1 is also part of the generation portfolio used to meet the minimum generation capacity requirements of the regional electric system operator, the Southwest Power Pool, for the City’s load demand. Each year, the generating units are required to be tested at full load to show they are operational and can be included as part of our generation capacity. This testing must be completed by May 1st, 2023, and not meeting this date could require the Department to procure temporary capacity from outside parties to meet City load requirements. GT1 is protected with a carbon dioxide fire suppression system that has recently failed inspection and testing. The system is the original from 1968 and the Department’s insurance carrier, FM Global, is requiring that a new system meeting current standards must be installed. The normal process specified by City procurement procedures require a minimum of four weeks to formally bid and award the contract, with four weeks to design the CO2 system, and four weeks to build, install, and commission. Discussion To avoid a possible disruption of public utility services, the Department requests to use Section 27-13, Emergency Procurements, of the city code. Bids for the system would be solicited from known vendors and ratified by Council at a subsequent meeting, but work would proceed in a timely manner to restore operation of GT1 and allow performing the Grand Island Council Session - 2/28/2023 Page 144 / 210 capacity test by the required date. The total cost of the replacement of the fire suppression system has been estimated not to exceed $200,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the use of Section 27-13 Emergency Procurement to replace the fire suppression system at Burdick Generating Station for a cost not to exceed $200,000.00. Sample Motion Move to approve the use of Section 27-13 Emergency Procurement to replace the fire suppression system not to exceed $200,000.00. Grand Island Council Session - 2/28/2023 Page 145 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-51 WHEREAS, the Burdick Generating Station’s CO2 fire suppression system failed in January and GT1 can no longer be operated until it is restored; and WHEREAS, to follow the formal bidding process and allow for time to build, install and commission a new system would not allow for required testing on the generation capacity by the due date of May 1, 2023; and WHEREAS, the Utilities Department requests to use Section 27-13 Emergency Procurement to replace the fire suppression system at Burdick Generating Station for a cost not to exceed $200,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Utilities Department can use Section 27-13 Emergency Procurement to replace the fire suppression system not to exceed $200,000.00. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 146 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-17 #2023-52 - Approving Bid Award for Water Main Project 2023-W- 1 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2023 Page 147 / 210 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 28, 2023 Subject:Water Main Project 2023-W-1 18th Street and Indiana Avenue Presenter(s):Timothy Luchsinger, Utilities Director Background The contract for Water Main Project 2023-W-1 involves the installation of approximately 765 linear feet of 6” diameter ductile-iron water main by trenchless construction; also, water service connections, pavement removal and restoration. The work will replace the existing water main within 18th Street and Indiana Avenue which has been subject to multiple breaks over its lifetime. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Three bids were received and publicly opened at 2:00 p.m. on February 9, 2023. Tabulated below is the Evaluated Bid amount from each of the bidders: Bidder Bid Security Exceptions Evaluated Bid The Diamond Engineering Co. Grand Island, NE Universal Surety Co. Completion 11/1/2023 $286,317.63 Van Kirk Brothers Contracting Sutton, NE Universal Surety Co. Completion 5/31/2024 $267,729.75 Myers Construction, Inc. Broken Bow, NE United Fire & Casualty Co.None $299,625.61 Myers Construction, Inc. Broken Bow, NE Negotiated Price $285,378.13 All bids were reviewed and evaluated. The bids from The Diamond Engineering Co. and Van Kirk Brothers Contracting both took exception to the Contract completion date of 8/11/2023. Additionally, both Myers Construction, Inc. and Diamond Engineering Co. exceeded the 5% threshold from the Engineers Estimate. Grand Island Council Session - 2/28/2023 Page 148 / 210 As allowed by City code, the Department entered negotiations with Myers Construction, Inc., as the lowest compliant bidder. Using adjustments with bid unit price costs for traffic control and pipe, a price of $285,378.13 was agreed upon as to not exceed five per cent of the Engineer’s Estimate of $272,000. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council award the contract to the lowest compliant bidder, Myers Construction, Inc., of Broken Bow, Nebraska, in the negotiated contract price amount of $285,378.13. Sample Motion Move to approve the resolution authorizing the Mayor to execute a contract with Myers Construction, Inc., of Broken Bow, Nebraska, for the construction of Water Main Project 2023-W-1 in the amount of $285,378.13. Grand Island Council Session - 2/28/2023 Page 149 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 9, 2023 at 2:00 p.m. FOR:Water Main Project 2023-W-1 DEPARTMENT:Utilities ESTIMATE:$272,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:January 25, 2023 NO. POTENTIAL BIDDERS:4 SUMMARY Bidder:Diamond Engineering Company Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Universal Surety Company Universal Surety Company Exceptions:Noted Noted Bid Price: Sales Tax:$ 7,480.00 $ 7,153.88 Materials Cost:$ 99,750.00 $ 95,385.00 Services Cost:$179,087.63 $165,190.87 Total Bid:$286,317.63 $267,729.75 Bidder:Myers Construction, Inc. Broken Bow, NE Bid Security:United Fire & Casualty Co. Exceptions:None Bid Price: Sales Tax:$ 9,521.35 Materials Cost:$126,951.37 Services Cost:$163,152.89 Total Bid:$299,625.61 cc:Tim Luchsinger, Utilities Director Jamie Royer, Civil Engineer II Grand Island Council Session - 2/28/2023 Page 150 / 210 Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Angela Schulte, Utilities Secretary P2424 Grand Island Council Session - 2/28/2023 Page 151 / 210 15th St EIndiana AveGunsmith TrlBuggy Whip Trl19th St E 18th St E Saint Paul Rd20th St E 2023-W-118th and Indiana´ Legend Water main / Principal de agua New water main / Nueva tuberia principal de agua Construction areas / Areas de construction Grand Island Council Session - 2/28/2023 Page 152 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-52 WHEREAS, the City of Grand Island invited sealed bids for construction of Water Main Project 2023-W-1 – 18th Street and Indiana, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 9, 2023, bids were received, opened, and reviewed; and WHEREAS, two of the bidders took exception to the Contract completion date of August 11, 2023; and WHEREAS, Myers Construction, Inc, of Broken Bow, 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 negotiated to the amount of $285,378.13; and WHEREAS, the negotiated amount falls within 5% of the Engineer’s Estimate of $272, 000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Myers Construction, Inc., in the amount of $285,378.13, is hereby approved as the negotiated responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 153 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-18 #2023-53 - Approving Change Order #1 for New Restroom Facilities for Ryder and George Parks Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 2/28/2023 Page 154 / 210 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:February 28, 2023 Subject:Approving Change Order No. 1 - Ryder and George Park Restrooms Presenter(s):Todd McCoy, Parks and Recreation Director Background George and Ryder Parks are two of Grand Island’s largest and most popular city parks which features a number of ball fields, picnic areas, playgrounds, and more. Both parks currently have restroom facilities that have been identified as a priority for improvement and budgeted this year for replacement. On December 20, 2022 City Council approved resolution 2022-363 to purchase one (1) restroom for Ryder Park and one (1) restroom for George Park for a total of $495,910.00. Discussion The restroom exterior finish section was mistakenly omitted from the original quoted price. The struck trowel finish is recommended for the restrooms. The struck trowel is an attractive finish that is a good fit with existing park buildings and will help deter vandalism markings. The struck trowel finish is $8,000.00 per bathroom. The struck trowel finish for both restroom units will increase the total purchase price from $495,910.00 to $511,910.00. The bathroom projects are be funded by $600,000.00 budgeted in Food and Beverage Tax proceeds. Grand Island Council Session - 2/28/2023 Page 155 / 210 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 staff recommends that the City Council approve Change Order No. 1 to CXT, Inc., of Dallas, TX to upgrade the George and Ryder Park Restrooms exterior finish to struck trowel. The result of Change Order No. 1 will increase the restrooms purchase amount by $16,000.00 for a total of $511,910.00. Sample Motion Move to approve George and Ryder Park Restrooms Change Order No. 1. Grand Island Council Session - 2/28/2023 Page 156 / 210 City Hall • 100 East First Street • Box 1968 • Grand Island, Nebraska 68802-1968 (308) 385-5444 ext. 290 • Fax: 385-5488 Parks & Recreation Department Working Together for a Better Tomorrow, Today. CHANGE ORDER #1 TO:CXT, Inc. PO Box 676208 Dallas, TX 75267-6208 PROJECT:New Ryder Park and George Park precast concrete restroom buildings You are hereby directed to make the following change in your contract. 1.Change bathroom exterior finish from standard barn wood exterior finish to struck trowel exterior finish ($8,000.00 per restroom) increase $16,000.00 __________________________________________________________ The original Contract Sum $495,910.00 Previous Change Order Amount $ 0.00 The Contract Sum is increased by this Change Order $ 16,000.00 The total modified Contract Sum to date $511,910.00 The Contract Time has not changed. ___________________________________________________________ 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 herein. Additional claims will not be considered. APPROVED:CITY OF GRAND ISLAND By ________________________________________Date _______________ Mayor Attest _____________________________________ ___________________________________ Approved as to Form, City Attorney ACCEPTED:CXT Inc. By ________________________________________Date _______________ Grand Island Council Session - 2/28/2023 Page 157 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-53 WHEREAS, on December 20, 2022 by Resolution 2022-363, the City Council of the City of Grand Island awarded CXT, Inc. from Dallas, Texas, a contract in the amount of $495,910.00, for two (2) precast concrete restroom buildings for Ryder and George Parks; and WHEREAS, the restroom exterior finish section was mistakenly omitted from the original quoted price and a struck trowel exterior finish is recommended for each restroom; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, such modifications will be funded through the Food & Beverage Tax; and WHEREAS, the result of such modifications will increase the contract amount by $16,000 for a revised contract price of $511,910.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 to change the exterior finish to a struck trowel exterior finish for each restroom is approved, between the City of Grand Island and CXT, Inc. from Dallas, Texas, and that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 on behalf of the City of Grand Island. BE IT FURTHER RESOLVED, THAT THE Mayor and designee are, and shall be, authorized to execute all contracts and agreements necessary to effect the purpose of this Resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 158 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-19 #2023-54 - Approving RFP for a New Playground at Lincoln Park Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 2/28/2023 Page 159 / 210 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:February 28, 2023 Subject:Consideration to Approve Proposal to Furnish and Install New Playground Equipment at Lincoln Park Presenter(s):Todd McCoy, Parks and Recreation Director Background Lincoln Park was identified as an area of need for updating and qualified for Community Development Block Grant (CDBG) support. The existing playground equipment at Lincoln Park is dated, not handicap accessible, and difficult to find replacement parts. The plan is to utilize CDBG funding to replace the existing playground with new ADA accessible equipment and rubber safety surfacing. Discussion The Parks and Recreation Department advertised for proposals for new playground equipment at Lincoln Park on January 15, 2023. Four suppliers provided proposals. Staff recommends the proposal from Creative Sites LLC of Omaha, Nebraska. The proposal from Creative Sites includes providing ADA commercial playground equipment and is recommended by staff. The cost to supply and install the equipment and safety surfacing is $178,000.00. Grand Island Council Session - 2/28/2023 Page 160 / 210 Funding will be provided by the Community Development Block Grant Program. 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 proposal from Creative Sites LLC of Omaha, Nebraska to furnish and install new playground equipment at Lincoln Park. Sample Motion Move to accept the proposal from Creative Sites to furnish and install new playground equipment at Lincoln Park in the amount of $178,000.00. Grand Island Council Session - 2/28/2023 Page 161 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR NEW LINCOLN PARK PLAYGROUND RFP DUE DATE:February 7, 2023 at 4:00 p.m. DEPARTMENT:Parks & Recreation PUBLICATION DATE:January 15, 2023 NO. POTENTIAL BIDDERS:4 PROPOSALS RECEIVED Cunningham Recreation (Game Time)American Playground & Recreation Charlotte, NC Sioux Fall, SD Bid Security:Berkley Insurance Company United Fire & Casualty Company Creative Sites, LLC Commercial Recreation Specialists Omaha, NE Vernon, WI Bid Security:Cashier’s Check West Bend Mutual Insurance Co. cc:Todd McCoy, Park s & Recreation Director Patti Buettner, Parks Admin. Assist. City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2420 Grand Island Council Session - 2/28/2023 Page 162 / 210 Grand Island Council Session - 2/28/2023 Page 163 / 210 Grand Island Council Session - 2/28/2023 Page 164 / 210 CONTRACT AGREEMENT THIS AGREEMENT made and entered into this ________ day of __________________________________, 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 and an advertisement calling for bids to be published, for NEW LINCOLN PARK PLAYGROUND; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's bid, a copy thereof being attached to and made a part of this contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, 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 hundred seventy eight thousand and no/cents Dollars $178,000.00 for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE 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 NEW LINCOLN PARK PLAYGROUND. ARTICLE IV. That the contractor shall start work as soon as possible after the contract is signed and the required insurance and bonds are approved, and that the Contractor shall complete the work by September 1, 2023. It is understood and agreed that time is the essence of the contract. Page 1 of 3 Grand Island Council Session - 2/28/2023 Page 165 / 210 CONTRACT AGREEMENT (Continued) 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. A. Davis-Bacon Act The Contractor 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 Contractor agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and it’s implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Contractor 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 Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The General Decision number for this contract is NE20220047. 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. Page 2 of 3 Grand Island Council Session - 2/28/2023 Page 166 / 210 CONTRACT AGREEMENT (Continued) 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 Page 3 of 3 Grand Island Council Session - 2/28/2023 Page 167 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-54 WHEREAS, the City of Grand Island issued a Request for Proposals (RFP) for a New Playground for Lincoln Park; and WHEREAS, four (4) request for proposals were received; and WHEREAS, Creative Sites LLC from Omaha, Nebraska, submitted a proposal for such project in accordance with the Request for Proposals; and WHEREAS, a contract cost of $178,000.00 has been negotiated and a contract will be prepared with the approval of the City’s Legal Department; and WHEREAS, such project will be funded through the Community Development Block Grant (CDBG) Funds and is included in the 2022-23 capital budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Creative Sites LLC from Omaha, Nebraska for the construction of a New Playground for Lincoln Park at a cost not to exceed $178,000.00 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 the purpose of this Resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 168 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-20 #2023-55 - Approving RFQ for Ryder Park Parking Lot Hard Surfacing Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 2/28/2023 Page 169 / 210 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:February 28, 2023 Subject:Approve Design Services for Ryder Parking Improvements Presenter:Todd McCoy, Parks and Recreation Director Background Ryder is a centrally located park that offers six ball fields, tennis courts, a future large inclusive playground, picnic areas, Tornado Hill, and more. Discussion The City advertised a Request for Qualifications (RFQ) for firms to provide design services for hard surfacing the east parking lot of Ryder Park. Three (3) RFQ’s were received. Staff recommends contracting Olsson of Grand Island, Nebraska for design services for the project. Olsson was selected based on the criteria of approach, experience, resume of staff, schedule, and value. The contact amount is $44,000.00. Food and Beverage proceeds 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 Olsson of Grand Island, Nebraska for design services for improving the east parking area at Ryder Park. Sample Motion Move to approve the agreement with Olsson for design services in the total contact amount of $44,000.00. Grand Island Council Session - 2/28/2023 Page 170 / 210 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR RYDER PARK PARKING LOT HARD SURFACING RFP DUE DATE:December 13, 2022 at 4:00 p.m. DEPARTMENT:Parks & Recreation PUBLICATION DATE:November 20, 2022 NO. POTENTIAL BIDDERS:3 PROPOSALS RECEIVED Alfred Benesch & Company JEO Consulting Group, Inc. Grand Island, NE Grand Island, NE Olsson Grand Island, NE cc:Todd McCoy, Parks & Recreation Director Patti Buetner, Parks Admin. Assist. Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2411 Grand Island Council Session - 2/28/2023 Page 171 / 210 Page 1 of 3 LETTER AGREEMENT FOR PROFESSIONAL SERVICES February 20, 2023 City of Grand Island Attn: Todd McCoy 100 East 1st Street Grand Island, NE 68801 Re: LETTER AGREEMENT FOR PROFESSIONAL SERVICES Ryder Park Parking Lot (the “Project”) Grand Island, NE Dear Mr. McCoy: It is our understanding that the City of Grand Island, NE (“Client”) requests Olsson, Inc. (“Olsson”) to perform the services described herein pursuant to the terms of this Letter Agreement for Professional Services, Olsson’s General Provisions and any exhibits attached hereto (all documents constitute and are referred to herein as the “Agreement”) for the Project. Olsson has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property to be improved by this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions and any exhibits attached hereto, which are expressly made a part of and incorporated into the Agreement by this reference. In the event of any conflict or inconsistency between this Letter Agreement, and the General Provisions regarding the services to be performed by Olsson, the terms of the General Provisions shall take precedence. Olsson shall provide the following services (“Scope of Services”) to Client for the Project: as more specifically described in “Scope of Services” attached hereto. Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. Grand Island Council Session - 2/28/2023 Page 172 / 210 Page 2 of 3 SCHEDULE FOR OLSSON’S SERVICES Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows: Anticipated Start Date: March 1, 2023 Anticipated Completion Date: June 13, 2023 City Project Award Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated Completion Date, and any milestone dates are approximate only, and Olsson reserves the right to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including, but not limited to, delays caused by Client or delays caused by third parties. COMPENSATION Client shall pay to Olsson for the performance of the Scope of Services a lump sum of Forty-Four Thousand dollars ($44,000.00). Olsson’s reimbursable expenses for this project are included in the lump sum. Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice date. TERMS AND CONDITIONS OF SERVICE We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services, and our fees for such services and the Agreement represents the entire understanding between Client and Olsson with respect to the Project. The Agreement may only be modified in writing signed by both parties. Client’s designated Project Representative shall be Todd McCoy. Grand Island Council Session - 2/28/2023 Page 173 / 210 Page 3 of 3 If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain one original for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 30 days from the date set forth above, unless changed by us in writing. OLSSON, INC. By __________________________________ By __________________________________ Matthew Rief Jai Andrist By signing below, you acknowledge that you have full authority to bind Client to the terms of the Agreement. If you accept the terms set forth herein, please sign: CITY OF GRAND ISLAND By _______________________________ Signature Print Name _________________________ Title _______________________________ Dated _________________________ Attachments General Provisions Scope of Services Exhibit A Grand Island Council Session - 2/28/2023 Page 174 / 210 Page 1 of 9 GENERAL PROVISIONS These General Provisions are attached to and made a part of the respective Letter Agreement or Master Agreement, dated February 20, 2023 between the City of Grand Island, NE (“Client”) and Olsson, Inc. (“Olsson”) for professional services in connection with the project or projects arising under such Letter Agreement or Master Agreement (the “Project(s)”). As used herein, the term "this Agreement" refers to these General Provisions, the applicable Letter Agreement or Master Agreement, and any other exhibits or attachments thereto as if they were part of one and the same document. SECTION 1—OLSSON’S SCOPE OF SERVICES Olsson’s scope of services for the Project(s) is set forth in the applicable Letter Agreement or Master Agreement (“Scope of Services”). SECTION 2—ADDITIONAL SERVICES 2.1 Unless otherwise expressly included, Scope of Services does not include the categories of additional services set forth in Sections 2.2 and 2.3. 2.2 If Client and Olsson mutually agree for Olsson to perform any optional additional services as set forth in this Section 2.2 (“Optional Additional Services”), Client will provide written approval of the agreed-upon Optional Additional Services, and Olsson shall perform or obtain from others such services and will be entitled to an increase in compensation at rates provided in this Agreement. Olsson may elect not to perform all or any of the Optional Additional Services without cause or explanation: 2.2.1 Preparation of applications and supporting documents for governmental financial support of the Project(s); preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 2.2.2 Services to make measured drawings of or to investigate existing conditions of facilities. 2.2.3 Services resulting from changes in the general scope, extent or character of the Project(s) or major changes in documentation previously accepted by Client where changes are due to causes beyond Olsson's control. 2.2.4 Services resulting from the discovery of conditions or circumstances which were not contemplated by Olsson at the commencement of this Agreement. Olsson shall notify Client of the newly discovered conditions or circumstances and Client and Olsson shall renegotiate, in good faith, the compensation for this Agreement, if amended terms cannot be agreed upon, Olsson may terminate this Agreement and Olsson shall be paid for its services through the date of termination. 2.2.5 Providing renderings or models. 2.2.6 Preparing documents for alternate bids requested by Client. 2.2.7 Analysis of operations, maintenance or overhead expenses; value engineering; the preparation of rate schedules; earnings or expense statements; cash flow or economic evaluations or; feasibility studies, appraisals or valuations. 2.2.8 Furnishing the services of independent professional associates or consultants for work beyond the Scope of Services. 2.2.9 Services necessary due to the Client’s award of more than one prime contract for the Project(s); services necessary due to the construction contract containing cost plus or incentive-savings provisions; services necessary in order to arrange for performance by persons other than the prime contractor; or those services necessary to administer Client’s contract(s). 2.2.10 Services in connection with staking out the work of contractor(s). 2.2.11 Services during out-of-town travel or visits to the site beyond those specifically identified in this Agreement. 2.2.12 Preparation of operating and maintenance manuals. 2.2.13 Services to redesign some or all of the Project(s). 2.2.14 Preparing to serve or serving as a consultant or witness or assisting Client with any litigation, arbitration or other legal or administrative proceeding. 2.2.15 Services relating to Construction Observation, Certification, Inspection, Construction Cost Estimating, project observation, construction management, construction scheduling, construction phasing or review of Contractor's performance means or methods. 2.3 Whenever, in its sole discretion, Olsson determines additional services as set forth in this Section 2.3 are necessary to avoid a delay in the completion of the Project(s) (“Necessary Additional Services”), Olsson shall perform or obtain from others such services without waiting for specific instructions from Client, and Olsson will be entitled to an increase in compensation for such services at the standard hourly billing rate charged for those employees performing the services, plus reimbursable expenses, if any: 2.3.1 Services in connection with work directive changes and/or change orders directed by the Client to any contractors. 2.3.2 Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor(s); or evaluating an unreasonable or extensive number of claims submitted by contractor(s) or others in connection with the Project(s). 2.3.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. Grand Island Council Session - 2/28/2023 Page 175 / 210 Page 2 of 9 2.3.4 Additional or extended services during construction made necessary by (1) work damaged during construction, (2) a defective, inefficient or neglected work by any contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default by any contractor. SECTION 3—CLIENT'S RESPONSIBILITIES 3.1. Client shall provide all criteria and full information as to Client's requirements for the Project(s); designate and identify in writing a person to act with authority on Client's behalf in respect of all aspects of the Project(s); examine and respond promptly to Olsson's submissions; and give prompt written notice to Olsson whenever Client observes or otherwise becomes aware of any defect in the Olsson’s services. 3.2 Client agrees to pay Olsson the amounts due for services rendered and expenses within thirty (30) days after Olsson has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give Olsson written notice of such disputed item within fifteen (15) days after receipt of such invoice and shall pay to Olsson the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of thirteen percent (13%) per annum from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client’s favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 3.2.1 If Client fails to make any payment due Olsson for services and expenses within thirty (30) days after receipt of Olsson's statement therefore, Olsson may, after giving seven (7) days written notice to Client, suspend services to Client under this Agreement until Olsson has been paid in full all amounts due for services, expenses and charges and Client will not obtain any license to any Work Product or be entitled to retain or use any Work Product pursuant to Section 7.1 unless and until Olsson has been paid in full and Client has fully satisfied all of its obligations under this Agreement. 3.3 Payments to Olsson shall not be withheld, postponed or made contingent on the construction, completion or success of the Project(s) or upon receipt by the Client of offsetting reimbursements or credit from other parties who may have caused the need for additional services. No withholdings, deductions or offsets shall be made from Olsson’s compensation for any reason unless and until Olsson has been found to be legally liable for such amounts. 3.4 Client shall also do the following and pay all costs incident thereto: 3.4.1 Furnish to Olsson any existing and/or required borings, probings or subsurface explorations; hydrographic surveys; laboratory tests or inspections of samples, materials or equipment; appropriate professional interpretations of any of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic or utility surveys; property descriptions; and/or zoning or deed restrictions; all of which Olsson may rely upon in performing services hereunder. 3.4.2 Guarantee access to and make all provisions for Olsson to enter upon public and private property reasonably necessary to perform its services on the Project(s). 3.4.3 Provide such legal, accounting, independent cost estimating or insurance counseling services as may be required for the Project(s); any auditing service required in respect of contractor(s)' applications for payment; and/or any inspection services to determine if contractor(s) are performing the work legally. 3.4.4 Provide engineering surveys to establish reference points for construction unless specifically included in Olsson’s Scope of Services. 3.4.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project(s). 3.4.6 If more than one prime contractor is to be awarded the contract for construction, designate a party to have responsibility and authority for coordinating and interfacing the activities of the various prime contractors. 3.4.7 All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible and liable for all sales, service, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, county or local governmental authority on any amounts payable by Client under this Agreement, other than any taxes imposed on Olsson’s income. In the event any governmental authority assesses Olsson for taxes, duties, or charges of any kind in connection with Scope of Services provided by Olsson to Client, Olsson shall be entitled to submit an invoice to Client, its successors or assigns, for the amount of said assessment and related interest and penalties. Client shall pay such invoice in accordance with Olsson’s standard payment terms. 3.5 Client shall pay all costs incident to obtaining bids or proposals from contractor(s). 3.6 Client shall pay all permit application review costs for government authorities having jurisdiction over the Project(s). 3.7 Contemporaneously with the execution of this Agreement, Client shall designate in writing an individual to act as its duly authorized Project(s) representative. 3.8 Client shall bear sole responsibility for: 3.8.1 Jobsite safety. Neither the professional activities of Olsson, nor the presence of Olsson or its employees or sub- consultants at the Project shall impose any duty on Olsson relating to any health or safety laws, regulations, rules, programs or procedures. 3.8.2 Notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project(s) site. 3.8.3 Providing and updating Olsson with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed Grand Island Council Session - 2/28/2023 Page 176 / 210 Page 3 of 9 Project(s) site uses, any change in Project(s) plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project(s) site. 3.8.4 Providing and assuming all responsibility for: interpretation of contract documents; Construction Observations; Certifications; Inspections; Construction Cost Estimating; project observations; construction management; construction scheduling; construction phasing; and review of Contractor’s performance, means and methods. Client waives any claims against Olsson and releases Olsson from liability relating to or arising out of such services and agrees, to the fullest extent permitted by law, to indemnify and hold Olsson harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to such actions and services. 3.9 Client releases Olsson from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. 3.10 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Olsson may immediately stop work in the affected area and report the condition to Client. Client shall be solely responsible for retaining independent consultant(s) to determine the nature of the material and to abate or remove the material. Olsson shall not be required to perform any services or work relating to or in the area of such material until the material has been removed or rendered harmless and only after approval, if necessary of the government agency with jurisdiction. SECTION 4—MEANING OF TERMS 4.1 The “Cost of Construction” of the entire Project(s) (herein referred to as "Cost of Construction") means the total cost to Client of those portions of the entire Project(s) designed and specified by Olsson, but it will not include Olsson's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include Client's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project(s) or the cost of other services to be provided by others to Client pursuant to Section 3. 4.2 The “Salary Costs”: Used as a basis for payment mean salaries and wages (base and incentive) paid to all Olsson's personnel engaged directly on the Project(s), including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits, including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. 4.3 “Certify” or “a Certification”: If included in the Scope of Services, such services shall be limited to a statement of Olsson’s opinion, to the best of Olsson’s professional knowledge, information and belief, based upon its periodic observations and reasonable review of reports and tests created by Olsson or provided to Olsson. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that any certifications based upon discrete sampling observations and that such observations indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services and certification does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Olsson shall sign pre- printed form certifications only if (a) Olsson approves the form of such certification prior to the commencement of its services, (b) such certification is expressly included in the Scope of Services, (c) the certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied. It is understood that any certification by Olsson shall not relieve the Client or the Client’s contractors of any responsibility or obligation they may have by industry custom or under any contract. 4.4 “Opinion of Probable Cost”: An opinion of probable construction cost made by Olsson. In providing opinions of probable construction cost, it is recognized that neither the Client nor Olsson has control over the costs of labor, equipment or materials, or over the contractor’s methods of determining prices or bidding. The opinion of probable construction costs is based on Olsson’s reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the contractor’s bids or the negotiated price of the work on the Project(s) will not vary from the Client’s budget or from any opinion of probable cost prepared by Olsson. 4.5 “Day”: A calendar day of 24 hours. The term “days” shall mean consecutive calendar days of 24 hours each, or fraction thereof. 4.6 “Construction Observation”: If included in the Scope of Services, such services during construction shall be limited to periodic visual observation and testing of the work to determine that the observed work generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of Construction Observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor or for the contractor’s safety precautions and programs nor for failure by the contractor to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor. Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for Grand Island Council Session - 2/28/2023 Page 177 / 210 Page 4 of 9 any third party, including the contractor or any subcontractor. Client, or its designees shall notify Olsson at least twenty-four (24) hours in advance of any field tests and observations required by the construction documents. 4.7 “Inspect” or “Inspection”: If included in the Scope of Services, such services shall be limited to the periodic visual observation of the contractor’s completed work to permit Olsson, as an experienced and qualified professional, to determine that the observed work, generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Client, or its designees, shall notify Olsson at least twenty-four (24) hours in advance of any inspections required by the construction documents. 4.8 “Record Documents”: Drawings prepared by Olsson upon the completion of construction based upon the drawings and other data furnished to Olsson by the Contractor and others showing significant changes in the work on the Project(s) made during construction. Because Record Documents are prepared based on unverified information provided by others, Olsson makes no warranty of the accuracy or completeness of the Record Documents. SECTION 5—TERMINATION 5.1 Either party may terminate this Agreement, for cause upon giving the other party not less than seven (7) calendar days written notice of default for any of the following reasons; provided, however, that the notified party shall have the same seven (7) calendar day period in which to cure the default: 5.1.1 Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; 5.1.2 Assignment of this Agreement or transfer of the Project(s) by either party to any other entity without the prior written consent of the other party; 5.1.3 Suspension of the Project(s) or Olsson’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate. 5.2 In the event of a “for cause” termination of this Agreement by either party, the Client shall, within fifteen (15) calendar days after receiving Olsson’s final invoice, pay Olsson for all services rendered and all reimbursable costs incurred by Olsson up to the date of termination, in accordance with the payment provisions of this Agreement. 5.2.1 In the event of a “for cause” termination of this Agreement by Client and (a) a final determination of default is entered against Olsson under Section 6.2 and (b) Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product pursuant to Section 7.1. 5.3 The Client may terminate this Agreement for the Client’s convenience and without cause upon giving Olsson not less than seven (7) calendar days written notice. In the event of any termination that is not the fault of Olsson, the Client shall pay Olsson, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by Olsson in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs, any fees, costs or expenses incurred by Olsson in preparing or negotiating any proposals submitted to Client for Olsson’s Scope of Services or Optional Additional Services under this Agreement and all other expenses directly resulting from the termination and a reasonable profit of ten percent (10%) of Olsson’s actual costs (including overhead) incurred. SECTION 6—DISPUTE RESOLUTION 6.1. Mediation 6.1.1 All questions in dispute under this Agreement shall be submitted to mediation. On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representatives and shall meet within ten (10) days after the service of the notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting. 6.1.2 Should the parties themselves be unable to agree on a resolution of the dispute, and then the parties shall appoint a third party who shall be a competent and impartial party and who shall be acceptable to each party, to mediate the dispute. Any third party mediator shall be qualified to evaluate the performance of both of the parties, and shall be familiar with the design and construction progress. The third party shall meet to hear the dispute within ten (10) days of their selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. 6.1.3 Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. 6.2 Arbitration or Litigation 6.2.1 Olsson and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Olsson, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Olsson and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Olsson. If Olsson chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. Grand Island Council Session - 2/28/2023 Page 178 / 210 Page 5 of 9 6.2.2 Client hereby agrees that Olsson shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Olsson and a subconsultant or subcontractor of Olsson or Olsson and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Olsson chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Olsson’s home office. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Olsson, Olsson shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute. 6.3 Certification of Merit Client agrees that it will not assert any claim, including but not limited to, professional negligence, negligence, breach of contract, misconduct, error, omission, fraud, or misrepresentation (“Claim”) against Olsson, or any Olsson subconsultant, unless Client has first provided Olsson with a sworn certificate of merit affidavit setting forth the factual and legal basis for such Claim (the “Certificate”). The Certificate shall be executed by an independent engineer (“Certifying Engineer”) currently licensed and practicing in the jurisdiction of the Project site. The Certificate must contain: (a) the name and license number of the Certifying Engineer; (b the qualifications of the Certifying Engineer, including a list of all publications authored in the previous 10 years and a list of all cases in which the Certifying Engineer testified within the previous 4 years ; (c) a statement by the Certifying Engineer setting forth the factual basis for the Claim; (d) a statement by the Certifying Engineer of each and every act, error, or omission that the Certifying Engineer contends supports the Claim or any alleged violation of any applicable standard of care; (e) a statement by the Certifying Engineer of all opinions the Certifying Engineer holds regarding the Claim or any alleged violation of any applicable standard of care; (f) a list of every document related to the Project reviewed by the Certifying Engineer; and (g) a list of every individual who provided Certifying Engineer with any information regarding the Project. The Certificate shall be provided to Olsson not less than thirty (30) days prior to any arbitration or litigation commenced by Client or not less than ten (10) days prior to the initial response submitted by Client in any arbitration or litigation commenced by someone other than Client. The Certificate is a condition precedent to the right of Client to assert any Claim in any litigation or arbitration and Client’s failure to timely provide a Certificate to Olsson will be grounds for automatic dismissal of the Claim with prejudice. In any such instance, Olsson shall be entitled to an award of attorney’s fees, costs, and expenses. SECTION 7—MISCELLANEOUS 7.1 Reuse of Documents All documents, including drawings, specifications, reports, boring logs, maps, field data, data, test results, information, recommendations, or opinions prepared or furnished by Olsson (and Olsson's independent professional associates and consultants) pursuant to this Agreement (“Work Product”), are all Olsson’s instruments of service, do not constitute goods or products, and are copyrighted works of Olsson. Olsson shall retain an ownership and property interest in such Work Product whether or not the Project(s) is completed. If Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product and Client may make and retain copies of Work Product for use in connection with the Project(s); however, such Work Product is for the exclusive use and benefit of Client or its agents in connection with the Project(s), are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project(s). Such Work Product is not intended or represented to be suitable for reuse by Client or others on extensions of the Project(s) or on any other Project(s). Client will not distribute or convey such Work Product to any other persons or entities without Olsson's prior written consent which shall include a release of Olsson from liability and indemnification by the third party. Any reuse of Work Product without written verification or adaptation by Olsson for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Olsson, or to Olsson's independent professional associates or consultants, and Client shall indemnify and hold harmless Olsson and Olsson's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation of Work Product will entitle Olsson to further compensation at rates to be agreed upon by Client and Olsson. 7.2 Electronic Files By accepting and utilizing any electronic file of any Work Product or other data transmitted by Olsson, the Client agrees for itself, its successors, assigns, insurers and all those claiming under or through it, that by using any of the information contained in the attached electronic file, all users agree to be bound by the following terms. All of the information contained in any electronic file is the work product and instrument of service of Olsson, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights, unless the same have previously been transferred in writing to the Client. The information contained in any electronic file is provided for the convenience to the Client and is provided in “as is” condition. The Client is aware that differences may exist between the electronic files transferred and the printed hard-copy original signed and stamped drawings or reports. In the event of a conflict between the signed original documents prepared by Olsson and the electronic files, which may be transferred, the signed and sealed original documents shall govern. Olsson specifically disclaims all warranties, expressed or implied, including without limitation, and any warranty of merchantability or fitness for a particular purpose with respect to any electronic files. It shall be Client’s responsibility to confirm the accuracy of the information contained in the electronic file and that it accurately reflects the information needed by the Client. Client Grand Island Council Session - 2/28/2023 Page 179 / 210 Page 6 of 9 shall not retransmit any electronic files, or any portion thereof, without including this disclaimer as part of any such transmissions. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Olsson, its officers, directors, employees and sub consultants against any and all damages, liabilities, claims or costs, including reasonable attorney’s and expert witness fees and defense costs, arising from any changes made by anyone other than Olsson or from any reuse of the electronic files without the prior written consent of Olsson. 7.3 Opinion of Probable Cost Since Olsson has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Olsson's Opinion of Probable Cost provided for herein is made on the basis of Olsson's experience and qualifications and represent Olsson's best judgment as an experienced and qualified professional engineer, familiar with the construction industry. Client acknowledges and agrees that Olsson cannot and does not guarantee proposals or bids and that actual total Project(s) or construction costs may reasonably vary from Olsson’s Opinion of Probable Cost. If prior to the bidding or negotiating phase Client wishes greater assurance as to total Project(s) or construction costs, Client shall employ an independent cost estimator as provided in paragraph 3.4.3. If Olsson’s Opinion of Probable Cost was performed in accordance with its standard of care and was reasonable under the total circumstances, any services performed by Olsson to modify the contract documents to bring the construction cost within any limitation established by Client will be considered Optional Additional Services and paid for as such by Client. If, however, Olsson’s Opinion of Probable Cost was not performed in accordance with its standard of care and was unreasonable under the total circumstances and the lowest negotiated bid for construction of the Project(s) unreasonably exceeds Olsson's Opinion of Probable Cost, Olsson shall modify its work as necessary to adjust the Project(s)’ size, and/or quality to reasonably comply with the Client’s budget at no additional cost to Client. Under such circumstances, Olsson’s modification of its work at no cost shall be the limit of Olsson’s responsibility with regard to any unreasonable Opinion of Probable Cost. 7.4 Prevailing Wages It is Client's responsibility to determine whether the Project(s) is covered under any prevailing wage regulations. Unless Client specifically informs Olsson in writing that the Project(s) is a prevailing wage project and is identified as such in the Scope of Services, Client agrees to reimburse Olsson and to defend, indemnify and hold harmless Olsson from and against any liability, including costs, fines and attorneys' fees, resulting from a subsequent determination that the Project(s) was covered under any prevailing wage regulations. 7.5 Samples All material testing samples shall remain the property of the Client. If appropriate, Olsson shall preserve samples obtained no longer than forty-five (45) days after the issuance of any document that includes the data obtained from those samples. After that date, Olsson may dispose of the samples or return them to Client at Client's cost. 7.6 Standard of Care Olsson will strive to perform its services in a manner consistent with that level of care and skill ordinarily exercised by members of Olsson’s profession providing similar services in the same locality under similar circumstances at the time Olsson’s services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied. 7.7 Force Majeure Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money) shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God, acts of the public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, boycotts, fires, explosions, floods, shortages of material or energy, or other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The affected party shall give prompt notice to the other party of such cause, and shall take promptly whatever reasonable steps are necessary to relieve the effect of such cause. 7.8 Equal Employment Opportunity Olsson and any sub-consultant or subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 7.9 Confidentiality In performing this Agreement, the parties may disclose to each other written, oral, electronic, graphic, machine-readable, tangible or intangible, non-public, confidential or proprietary data or information in any form or medium, including but not limited to: (1) information of a business, planning, marketing, conceptual, design, or technical nature; (2) models, tools, hardware, software or source code; and (3) any documents, videos, photographs, audio files, data, studies, reports, flowcharts, works in progress, memoranda, notes, files or analyses that contain, summarize or are based upon any non- public, proprietary or confidential information (hereafter referred to as the "Information"). The Information is not required to be marked as confidential. 7.9.1 Therefore, Olsson and Client agree that the party receiving Information from the other party to this Agreement (the “Receiving Party”) shall keep Information confidential and not use the Information in any manner other than in the performance of this Agreement without prior written approval of the party disclosing Information (the “Disclosing Party”) unless Client is a public entity and the release of Information is required by law or legal process. Grand Island Council Session - 2/28/2023 Page 180 / 210 Page 7 of 9 7.9.2 Prior to the start of construction on the Project, the existence of discussions between the parties, the purpose of this Agreement, and this Agreement shall be considered Information subject to the confidentiality provisions of this Agreement. 7.9.3 Notwithstanding anything to the contrary herein, the Receiving Party shall have no obligation to preserve the confidentiality of any Information which: 7.9.3.1 was previously known to the Receiving Party free of any obligation to keep it confidential; or 7.9.3.2 is or becomes publicly available by other than unauthorized disclosures; or 7.9.3.3 is independently developed by the Receiving Party without a breach of this Agreement; or 7.9.3.4 is disclosed to third parties by the Disclosing Party without restrictions; or 7.9.3.5 is received from a third party not subject to any confidentiality obligations. 7.9.4 In the event that the Receiving Party is required by law or legal process to disclose any of Information of the Disclosing Party, the Receiving Party required to disclose such Information shall provide the Disclosing Party with prompt oral and written notice, unless notice is prohibited by law (in which case such notice shall be provided as early as may be legally permissible), of any such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. 7.9.5 Notwithstanding anything to the contrary herein (or to the contrary of any existing or future nondisclosure, confidentiality or similar agreement between the parties), Olsson is authorized, to use, display, reproduce, publish, transmit, and distribute Information (including, but not limited to, videos and photographs of the Project) on and in any and all formats and media (including, but not limited to, Olsson’s internet website) throughout the world and in all languages in connection with or in any manner relating to the marketing, advertising, selling, qualifying, proposing, commercializing, and promotion of Olsson and/or its services and business and in connection with any other lawful purpose of Olsson. In the event of any conflict or inconsistency between the provisions of this section and any other prior or future nondisclosure, confidentiality or similar agreement between the parties, the terms of this section shall take precedence. 7.9.6 Nothing contained in this Agreement shall be construed as altering any rights that the Disclosing Party has in the Information exchanged with or disclosed to the Receiving Party, and upon request, the Receiving Party will return all Information received in tangible form to the Disclosing Party, or at the Receiving Party’s option, destroy all such Information. If the Receiving Party exercises its option to destroy the Information, the Receiving Party shall certify such destruction to the Disclosing Party. 7.9.7 The parties acknowledge that disclosure or use of Information in violation of this Agreement could cause irreparable harm for which monetary damages may be difficult to ascertain or constitute an inadequate remedy. Each party therefore agrees that the Disclosing Party shall be entitled in addition to its other rights to seek injunctive relief for any violation of this Agreement. 7.9.8 The obligations of confidentiality set forth herein shall survive termination of this Agreement but shall only remain in effect for a period of one (1) year from the date the Information is first disclosed. 7.10 Damage or Injury to Subterranean Structures or Utilities, Hazardous Materials, Pollution and Contamination 7.10.1 To the extent that work pursuant to this Agreement requires any sampling, boring, excavation, ditching or other disruption of the soil or subsurface at the Site, Olsson shall confer with Client prior to such activity and Client will be responsible for identifying, locating and marking, as necessary, any private subterranean structures or utilities and Olsson shall be responsible for arranging investigation of public subterranean structures or utilities through an appropriate utility one-call provider. Thereafter, Olsson shall take all reasonable precautions to avoid damage or injury to subterranean structures or utilities which were identified by Client or the one- call provider. Olsson shall not be responsible for any damage, liability or costs, for any property damage, injury or economic loss arising or allegedly arising from damages to subterranean structures or utilities caused by subsurface penetrations in locations approved by Client and/or the one call provider or not correctly shown on any plans, drawings or utility clearance provided to Olsson, except for damages caused by the negligence of Olsson in the use of such information. 7.10.2 It is understood and agreed that any assistance Olsson may provide Client in the disposal of waste materials shall not result in Olsson being deemed as a generator, arranger, transporter or disposer of hazardous materials or hazardous waste as defined under any law or regulation. Title to all samples and waste materials remains with Client, and at no time shall Olsson take title to the above material. Client may authorize Olsson to execute Hazardous Waste Manifest, Bill of Lading or other forms as agent of Client. If Client requests Olsson to execute such documents as its agent, the Hazardous Waste Manifest, Bill of Lading or other similar documents shall be completed in the name of the Client. Client agrees to indemnify and hold Olsson harmless from any and all claims that Olsson is a generator, arranger, transporter, or disposer of hazardous waste as a result of any actions of Olsson, including, but not limited to, Olsson signing a Hazardous Waste Manifest, Bill of Lading or other form on behalf of Client. 7.10.3 At any time, Olsson can request in writing that Client remove samples, cuttings and hazardous substances generated by the Project(s) from the project site or other location. Client shall promptly comply with such request, and pay and be responsible for the removal and lawful disposal of samples, cuttings and hazardous substances, unless other arrangements are mutually agreed upon in writing. 7.10.4 Client shall release Olsson of any liability for, and shall defend and indemnify Olsson against any and all claims, liability and expense resulting from operations under this Agreement on account of injury to, destruction of, or loss or impairment of any property right in or to oil, gas, or other mineral substance or water, if at the time of the act or omission causing such injury, destruction, loss or impairment, said substance had not been reduced to physical possession above the surface of Grand Island Council Session - 2/28/2023 Page 181 / 210 Page 8 of 9 the earth, and for any loss or damage to any formation, strata, reservoir beneath the surface of the earth. 7.10.5 Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between Olsson and Client that the responsibility for pollution and contamination shall be as follows: 7.10.5.1 Unless otherwise provided herein, Client shall assume all responsibility for, including control and removal of, and protect, defend and save harmless Olsson from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination (including naturally occurring radioactive material) which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, bilge and garbage, except unavoidable pollution from reserve pits, wholly in Olsson’s possession and control and directly associated with Olsson’s equipment. 7.10.5.2 In the event a third party commits an act or omission which results in pollution or contamination for which either Olsson or Client, for whom such party is performing work, is held to be legally liable, the responsibility therefore shall be considered as between Olsson and Client, to be the same as if the party for whom the work was performed had performed the same and all of the obligations regarding defense, indemnity, holding harmless and limitation of responsibility and liability, as set forth herein, shall be specifically applied. 7.11 Controlling Law and Venue The parties agree that this Agreement and any legal actions concerning its validity, interpretation or performance shall be governed by the laws of the State of Nebraska. It is further agreed that any legal action between the parties arising out of this Agreement or the performance of services shall be brought in a court of competent jurisdiction in Nebraska. 7.12 Subconsultants Olsson may utilize as necessary in its discretion subconsultants and other subcontractors. Olsson will be paid for all services rendered by its subconsultants and other subconsultants as set forth in this Agreement. 7.13 Assignment 7.13.1 Client and Olsson each are hereby bound and the partners, successors, executors, administrators and legal representatives of Client and Olsson (and to the extent permitted by paragraph 7.13.2 the assigns of Client and Olsson) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.13.2 Neither Client nor Olsson shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Olsson from employing such subconsultants and other subcontractors as Olsson may deem appropriate to assist in the performance of services under this Agreement. 7.13.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and Olsson, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Olsson and not for the benefit of any other party. There are no third-party beneficiaries of this Agreement. 7.14 Indemnity Olsson and Client mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to third party personal injury or third party property damage and arising from their own negligent acts, errors or omissions in the performance of their services under this Agreement, but only to the extent that each party is responsible for such damages, liabilities or costs on a comparative basis of fault. 7.15 Limitation on Damages 7.15.1 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither party’s individual employees, principals, officers or directors shall be subject to personal liability or damages arising out of or connected in any way to the Project(s) or to this Agreement. 7.15.2 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor Olsson, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any delay damages, any punitive damages or any incidental, indirect or consequential damages arising out of or connected in any way to the Project(s) or to this Agreement. This mutual waiver of delay damages and consequential damages shall include, but is not limited to, disruptions, accelerations, inefficiencies, increased construction costs, increased home office overhead, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other delay or consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. Both the Client and Olsson shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in the Project(s). 7.15.3 Notwithstanding any other provision of this Agreement, Client agrees that, to the fullest extent permitted by law, Olsson’s total liability to the Client for any and all injuries, claims, losses, expenses, damages, or claims expenses of any kind arising from any services provided by or through Olsson under this Agreement, shall not exceed the amount of Olsson’s fee earned under this Agreement. Client acknowledges that such causes include, but are not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract Grand Island Council Session - 2/28/2023 Page 182 / 210 Page 9 of 9 and/or breach of strict or implied warranty. This limitation of liability shall apply to all phases of Olsson’s services performed in connection with the Project(s), whether subsequent to or prior to the execution of this Agreement. 7.16 Entire Agreement/Severability This Agreement supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by the Client and Olsson. If any part of this Agreement is found to conflict with applicable law, such part alone shall be null and void and considered stricken, but the remainder of this Agreement shall be given full force and effect. Grand Island Council Session - 2/28/2023 Page 183 / 210 Page 1 of 3 Std. Upd.5/26/21 SCOPE OF SERVICES This exhibit is hereby attached to and made a part of the Letter Agreement for Professional Services dated February 20, 2023 between the City of Grand Island (“Client”) and Olsson, Inc. (“Olsson”) providing for professional services. Olsson’s Scope of Services for the Agreement is indicated below. PROJECT DESCRIPTION AND LOCATION Project will be located at: Ryder Park, Grand Island, NE Project Description: The project is for completing construction documents for the Ryder Park parking lot improvements south of the Legion Baseball field. SCOPE OF SERVICES Olsson shall provide the following services (Scope of Services) to Client for the Project: Site Planning Preliminary Site Planning Olsson shall provide site planning for parking lot and future inclusive playground. This work generally includes: • Concept plans for parking lot and connecting sidewalks to park amenities to include locating the future Pirnie Inclusive Playground. Assume the playground layout will be provided. • Meeting with the City to determine number of parking spaces needed for the lot. • Meeting with playground representatives to discuss location of the playground. • Plan for storm sewer outlet for future baseball infield improvements. Topographic Survey • Topographic Survey: o Topographic features shall be surveyed to create a surface represented by 0.5 foot contours. Improvements within the limits shall be located, including: buildings, roads, structures, pipes, fences, gravel surfaces, concrete surfaces, asphalt surfaces, trees, and utilities. The Topographic Survey limits are as follows: ▪ Limits as shown on that attached Exhibit “A”. o A Utility-One-Call shall be made for the site. Utilities that are marked shall be located. Above ground visible utilities shall be located. Olsson will not be responsible for underground utilities not marked by the utility locate, also underground structures or tanks that are not visible on the surface of the site. An attempt shall be made to obtain utility maps from the utilities listed on the Utility- One-Call. If maps are provided those utilities shall be placed on the survey. Manholes shall be inverted to get the pipe size and flow lines elevations. Grand Island Council Session - 2/28/2023 Page 184 / 210 Page 2 of 3 Std. Upd.5/26/21 SITE DESIGN Civil Construction Documents Using the approved site plan, Olsson shall prepare a base site drawing and construction plans for the development. Plans shall be prepared in accordance with standards set forth by the local government agencies and the Client’s design criteria. Plans shall include the following: • Demolition Plan: Shall show existing structures, utilities and vegetation to be removed. • Site Plan (Horizontal Control Plan): Site plan shall follow the requirements set by the Client and the City of Grand Island to provide a site plan meeting current zoning requirements. Plan shall locate curbs and gutters, sidewalks, parking stall striping, and required signage to meet City of Grand Island Municipal Code requirements. • Final Grading and Drainage Plan: Shall include proposed and existing contours, vertical control information for building pads and common areas around them. • Utility Plan: Assume not needed for this project. • Construction Plan: Shall include horizontal design information necessary for construction, identifying parking lot areas, and details for pavement type. Plan shall also identify sidewalk and ramp locations. • Joints and Grade Plan: Shall include pavement jointing and spot grades to indicate surface drainage patterns, curb returns, grade breaks, and near drainage structures. • Parking Lot Striping Plan: Shall develop a striping plan for the parking lot. • SWPPP Plan: Includes a more detailed erosion and sediment control plan based on final proposed improvements which shall meet the requirements of the State NPDES Permit and local agency requirements and which shall include BMP’s such as silt fence, • Construction Details: Shall include miscellaneous construction details required to construct the Project. • Construction Specifications: Shall reference City of Grand Island Standards and shall be in the form of notes on the plans. • Cost Estimate: Develop a cost estimate for the project. • Project Management: Shall include maintaining project schedule, client updates, and client meetings. • Bidding: Assist the City with bidding. Assume the city will be compile the documents and Olsson will provide bid items and special provisions. Site Lighting Plan • Olsson shall prepare site lighting construction plan for submittal to the City. • Plan shall include lighting fixture locations with all, below grade, circuiting and applicable construction details related to the installation of the lighting system or modifications to the existing system. • Includes photometric plan, if required, for review by permitting agencies. • Includes one site visit to determine power availability. • Review shop drawings for site lighting fixtures, poles and equipment specified by Olsson. • Note: This fee specifically excludes power provisions and/or lighting design for monument signs, landscape features, and pedestrian walkway lighting. Should these services be requested, a supplemental agreement shall be issued and executed. Grand Island Council Session - 2/28/2023 Page 185 / 210 Page 3 of 3 Std. Upd.5/26/21 CONSTRUCTION SERVICES The following Construction Services are anticipated for this project. Olsson will plan to coordinate with the Client after the final site plan and construction drawings are completed to amend the contract accordingly to include any of the requested construction services that may be needed: • Construction Administration • SWPPP Inspections • Construction Observation / Testing / Inspections. COMPENSATION PHASE FEE AMOUNT FEE TYPE Site Planning $13,400.00 LS Site Design $30,600.00 LS Construction Services TBD TBD Total Contract $44,000.00 Exclusions The following services are not included in this proposal but can be provided by Olsson as an additional service if requested: • Additional plan revisions beyond those identified in the Project Assumptions • As-built drawings/certifications. • Utility improvements to include water and sanitary sewer. • Landscaping improvements • Irrigation design and specifications. • Retaining wall design • Field and Construction Services including Construction Staking, Testing, Observation. • Permit Fees. • Signage design and details. • Building electrical service entrance and details. • Playground design services. • Mechanical, Electrical, Plumbing Design Services. • Building Structural Design Services. • Project-related permitting outside of the scope of the proposal and fees. • Additional easement legal descriptions and exhibits outside the scope of the proposal and fees. • Items not specifically included in the Scope of Services above. F:\2022\06501-07000\022-06632\00-Pre-Contract\Management\Letter Proposal\Ryder Park Scope of Services.doc Grand Island Council Session - 2/28/2023 Page 186 / 210 Grand Island Council Session - 2/28/2023 Page 187 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-55 WHEREAS, the City of Grand Island issued a Request for Qualifications (RFQ) for Design Services for Ryder Park Parking Lot Hard Surfacing; and WHEREAS, three (3) request for qualifications were received; and WHEREAS, Olsson from Grand Island, Nebraska, submitted a proposal for such project in accordance with the Request for Qualifications; and WHEREAS, a contract amount of $44,000.00 has been negotiated for Design Services for Ryder Park Parking Lot Hard Surfacing; and WHEREAS, such project will be funded through the Food and Beverage Tax proceeds and is included in the 2022-23 capital budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from Olsson from Grand Island, Nebraska for Design Services for Ryder Park Parking Lot Hard Surfacing is hereby approved at a cost of $44,000.00. BE IT FURTHER RESOLVED, THAT THE Mayor and designee are, and shall be, authorized to execute all contracts and agreements necessary to effect the purpose of this Resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 188 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-21 #2023-56 - Approving Amendment to Executive Recruitment Services Contract Agreement with Government Professional Services, LLC Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 2/28/2023 Page 189 / 210 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:February 28, 2023 Subject:Approving Amendment to Executive Recruitment Services Contract Agreement with Government Professional Services, LLC Presenter(s):Aaron Schmid, Human Resources Director Background On January 10, 2023 Council approved a contract with Government Professional Services, LLC (GPS) to perform a search to fill the City Administrator and Public Works Director/City Engineer positions in the amount of $37,000. Discussion Utilities Director, Tim Luchsinger, has announced his retirement effective April 6, 2023. Administration is seeking approval to amend the executive recruitment services contract agreement with GPS to include a search to fill the Utilities Director position. GPS’s fee for the Utility Director search is $16,500 billed in three installments. $9,500 upon execution of contract/addendum, $4,500 upon selection of group semi-finalists, and $2,500 upon completion of negotiations with final candidate. The recruitment is guaranteed for 24 months against termination or resignation for any reason. Any subsequent search will be done for actual cost. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/28/2023 Page 190 / 210 Recommendation City Administration recommends that the Council approve the amendment to the service agreement with GPS to include a search for a Utilities Director. Sample Motion Move to approve the amendment to the service agreement with GPS to include a search for a Utilities Director. Grand Island Council Session - 2/28/2023 Page 191 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-56 WHEREAS, the City of Grand Island approved a services contract for a recruiting firm for searches to fill the City Administrator and Public Works Director/City Engineer positions on January 10, 2023 with Government Professional Services, LLC in the amount of $37,000; and WHEREAS, the City of Grand Island now approves an amendment to the services agreement with Government Professional Services, LLC in the amount of $16,500 to search to fill a Utilities Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of GPS, in the amount of $16,500, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________ Roger G. Steele, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 192 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-22 #2023-57 - Approving Addition to the Fee Schedule for Joint Trenching Installations Staff Contact: Patrick Brown Grand Island Council Session - 2/28/2023 Page 193 / 210 Council Agenda Memo From:Patrick Brown, Finance Director Laura McAloon, City Attorney Meeting:February 28, 2023 Subject:Addition of Fee regarding Joint Trench Installations Presenter(s):Patrick Brown, Finance Director Background The Utilities Department has historically allowed telecommunication companies to jointly occupy its trenches in the case of new infrastructure. Due to increased interest from multiple companies in utilizing this process, it has become necessary for the Utilities Department to assess a joint trench occupation fee to cover added logistical requirements in addition to assessing private entities a prorated portion of the excavation and backfilling expenses. To facilitate this process change, and in correspondence with a Joint Trench Occupation Agreement being signed by each interested party, it is necessary to add a cost per lineal foot to the City Fee Schedule. Discussion To facilitate this process change, and in correspondence with a Joint Trench Occupation Agreement being signed by each interested party, it is necessary to add a “Joint Trench Fee” of $2.40 per lineal foot to the City Fee Schedule. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/28/2023 Page 194 / 210 Recommendation City Administration recommends that the Council revise the City Fee Schedule to add a “Joint Trench Fee” of $2.40 per lineal foot. Sample Motion Move to approve the fee schedule revision to allow for the Joint Trench Fee. Grand Island Council Session - 2/28/2023 Page 195 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-57 WHEREAS, there is an increasing demand to place new telecommunication infrastructure in Utility trenches; and WHEREAS, there currently is no approved fee for joint trench sharing on the City’s Fee Schedule; and WHEREAS, as the Utilities Department has identified a cost of $2.40 per lineal foot as an acceptable joint trench fee to recover costs associated with allowing private companies to utilizes its trenches. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the fee schedule be revised to add a Joint Trench Fee of $2.40 per lineal foot for joint trench sharing. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2023. _______________________________________ Roger Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 196 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item G-23 #2023-58 - Approving Addendum to the East Central 911 Interlocal Agreement Staff Contact: Jon Rosenlund Grand Island Council Session - 2/28/2023 Page 197 / 210 Council Agenda Memo From:Jon Rosenlund, Emergency Management Director Meeting:February 28, 2023 Subject:East Central 911 Interlocal Agreement - Updated Presenter(s):Jon Rosenlund, Emergency Management Director Background In January 2022, the Grand Island City Council Approved and updated East Central 911 Interlocal Cooperation 911 Emergency Communications Equipment Sharing Agreement which included the installation of new “host” equipment and upgrades to local PSAPs. In the course of planning this project, Motorola Solutions, the provider of Emergency CallWorks, advised the need for additional Operational Readiness Testing of the new data circuits (ESINet) that will deliver 911 calls to the new hosts. This additional cost is outside the previously agreed 8% contingency and requires an addendum to the original agreement. Discussion As the State of Nebraska works with regional 911 cooperative systems to migrate to Next Generation 911 technologies, various jurisdictions are joining together into Regional 911 systems that include several counties sharing the costs of 911 backroom equipment and maintenance agreements, all while operating their own 911 Centers. Calls are received by a pair of “hosts” that are placed in different parts of the region, and then distributed to the participating 911 Centers through a data network. Sharing ‘host” equipment allows counties to decrease initial outlays for expensive backroom equipment and provides redundancy since if a 911 Center is unable to take their calls, those calls can be distributed to a neighboring agency. Having two hosts also allows for “geo- diversification” of critical infrastructure so if one host is damaged or disconnected from 911 calls, those calls can all be routed to the other host until repairs or reconnection is made. In January 2022, the East Central 911 Region (EC911), comprising of PSAPs serving Hall, Nance, Boone, Merrick, Polk, Saunders, Platte, Butler, and Hamilton counties agreed to purchase replacement equipment for two hosts, relocate one host from Wahoo to Grand Island, and include new partners into the agreement, including Custer County and Region 26 PSAP. With the purchase and installation of two new hosts, the EC911 Grand Island Council Session - 2/28/2023 Page 198 / 210 Region will be cooperating with the Nebraska Public Service Commission and migrating to NextGen911. In the course of planning for this upgrade, it was discovered that the 911 equipment provider, Motorola Solutions, must complete Operational Readiness Testing of the ESINet circuits that will deliver 911 calls to the new hosts. This unanticipated cost is outside the original agreement’s 8% contingency and requires an addendum. Costs for the shared equipment and maintenance agreements is divided among the partners by the number of dispatch consoles in each center. The additional cost to the Grand Island Emergency Center is $10,175.44. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the ADDENDUM TO: “INTER-LOCAL COOPERATION 911 EMERGENCY COMMUNICATIONS EQUIPMENT SHARING AGREEMENT”. Sample Motion Move to approve the ADDENDUM TO: “INTER-LOCAL COOPERATION 911 EMERGENCY COMMUNICATIONS EQUIPMENT SHARING AGREEMENT”. Grand Island Council Session - 2/28/2023 Page 199 / 210 Page 1 of 3 ADDENDUM TO: “INTER-LOCAL COOPERATION 911 EMERGENCY COMMUNICATIONS EQUIPMENT SHARING AGREEMENT” WHEREAS,; the parties/agencies previously entered into an “Inter-Local Cooperation 911 Emergency Communication Equipment Sharing Agreement” executed by the participating parties/agencies between December 21, 2021 and March 14, 2022 (herein referred to as the “Underlying Agreement”); and WHEREAS, the Underlying Agreement states that “The maximum annual cost for each agency shall not exceed an additional 8% of the projected cost of each agency”; and WHEREAS, an expense has come up regarding Operational Readiness Testing that is in excess of the 8% contingency set out in the Underlying Agreement; and. WHEREAS, the parties/agencies are in agreement that an addendum to the Underlying Agreement is needed requiring all participating parties/agencies agree to pay an additional one- time fee for Operational Readiness Testing. NOW, THEREFORE, in consideration of the foregoing, and the mutual benefits provided by the Underlying Agreement and this Addendum, the Underlying Agreement is hereby amended as follows: 1. This Addendum is hereby adds the following provision to the Underlying Agreement: - ADDITIONAL ONE-TIME FEE FOR OPERATIONAL READINESS TESTING: All parties/agencies agree that Operational Readiness Testing is necessary. Therefore, all parties/agencies agree to the payment of an additional one-time fee for Operation Readiness Testing in the following amounts: o Grand Island/Hall County ECC: $10,175.44 o Columbus-Platte County JCC: $9,134.66 o Custer County: $8,093.84 o Hamilton County: $8,093.84 Grand Island Council Session - 2/28/2023 Page 200 / 210 Page 2 of 3 o Region 26: $8,093.84 o Boone County: $7,053.04 o Butler County: $7,053.04 o Saunders County: $7,053.04. As the fiscal agent, Columbus-Platte County shall bill each participating party/agency at the completion of the Operational Readiness Testing project in the amount set forth above, and each participating party/agency shall then immediately submit payment to Columbus-Platte County for the same. 2. This Addendum shall be attached to and shall become a part of the Underlying Agreement. 3. The Addendum and shall be effective as of the signature date of each Party. 4. All terms and conditions of the Underlying Agreement not otherwise amended or altered by this Addendum shall remain in full force and effect. ******Remainder of Page Left Intentionally Blank****** Grand Island Council Session - 2/28/2023 Page 201 / 210 Page 3 of 3 BOONE COUNTY BOARD OF COMMISSIONERS ALBION, NEBRASKA BY: ____________________________ CHAIRPERSON Dated this ___ day of ________, 2023 BUTLER COUNTY BOARD OF SUPERVISORS DAVID CITY, NEBRASKA BY: ___________________________ CHAIRPERSON Dated this ___ day of _________, 2023 COLUMBUS CITY COUNCIL COLUMBUS, NEBRASKA BY: _____________________________ MAYOR Dated this ___ day of _________, 2023 HAMILTON COUNTY BOARD OF SUPERVISORS CENTRAL CITY, NEBRASKA BY: ____________________________ CHAIRPERSON Dated this ___ day of _________, 2023 CUSTER COUNTY BOARD OF SUPERVISORS BROKEN BOW, NEBRASKA BY: ___________________________ CHAIRPERSON Dated this ___ day of _________, 2023 HALL COUNTY BOARD OF SUPERVISORS GRAND ISLAND, NEBRASKA BY: ____________________________ CHAIRPERSON Dated this ___ day of _________, 2023 PLATTE COUNTY BOARD OF SUPERVISORS COLUMBUS, NEBRASKA BY: ____________________________ CHAIRPERSON Dated this ___ day of _________, 2023 SAUNDERS COUNTY BOARD OF SUPERVISORS WAHOO, NEBRASKA BY: ___________________________ CHAIRPERSON Dated this ___ day of _________, 2023 REGION 26 COUNCIL TAYLOR, NEBRASKA BY: ____________________________ CHAIRPERSON Dated this ____ Day of____________,2023 GRAND ISLAND CITY COUNCIL GRAND ISLAND, NEBRASKA BY: ________________________ MAYOR Dated this ____ day of _______,2023 Grand Island Council Session - 2/28/2023 Page 202 / 210 Approved as to Form ¤ ___________ February 24, 2023 ¤ City Attorney R E S O L U T I O N 2023-58 WHEREAS, the Grand Island Emergency Center, managed by the Grand Island Emergency Management Department is the Public Safety Answering Point (PSAP) for all of Hall County; and WHEREAS, since 2019, the Grand Island Emergency Center has been a member of the East Central 911 Region (EC911) group which operates a shared 911 system (Call Works) in order to decrease costs, increase redundancy and share resources through statewide networks; and WHEREAS, EC911 shared system host equipment is due for replacement, the cost of which is divided among all EC911 group members by the number of dispatch consoles in each Center, and WHEREAS, in 2022 an updated East Central 911 Interlocal Cooperation 911 Emergency Communications Equipment Sharing Agreement provided the framework for the purchase and maintenance of the new host equipment as well as include new EC911 members in cost sharing, WHEREAS, an unanticipated but necessary expense for Operational Readiness Testing was recently discovered and is required to proceed and is outside the 8% contingency of the original Agreement, and WHEREAS, the parties/agencies are in agreement that an addendum to the Underlying Agreement is needed requiring all participating parties/agencies agree to pay an additional one-time fee for Operational Readiness Testing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The Mayor is hereby authorized and directed to approve ADDENDUM TO: “INTER-LOCAL COOPERATION 911 EMERGENCY COMMUNICATIONS EQUIPMENT SHARING AGREEMENT”. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28. 2023 _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2023 Page 203 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item H-1 Consideration of Approving the Request from Wish Nebraska, Inc. for a Conditional Use Permit to allow for an 88’ Monopole located at 1515 East 4th Street This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Craig Lewis Grand Island Council Session - 2/28/2023 Page 204 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item H-2 Consideration of Approving Grant Application to ICMA/Gates Foundation for Economic Mobility Opportunities Staff Contact: Laura McAloon Grand Island Council Session - 2/28/2023 Page 205 / 210 Council Agenda Memo From:Laura D. McAloon, Interim City Administrator/City Attorney Meeting:February 28, 2023 Subject:Grant Application to ICMA/Bill & Melinda Gates Foundation Presenter(s):Laura McAloon, Interim City Administrator/City Attorney Background On February 1, the International City Managers Association (ICMA) announced a partnership with the Bill and Melinda Gates Foundation to provide up to $30,000 in grant funding to ten selected cities regionally distributed across the United States. The grant program is called the Economic Mobility and Opportunity (EMO) Cohort and Grant. ICMA describes the Grant as an opportunity for ICMA members “to receive training, technical assistance, and funding to inform policies and effect conditions that promote overall well-being and upward mobility for their residents.” Both the Finance Director and City Attorney are members of ICMA, which enables the City to apply for the grant funding. The Grant will provide up to $30,000 in funding to each regional cohort that will be used for the implementation of an economic mobility assessment, planning, or a public engagement process. The three person cohort teams must include the City’s chief administrative officer or assistant chief administrative officer and two other members from staff or the community. At least one of the three must be an ICMA member. Further information about the EMO Cohort and Grant opportunity can be found in the attached informational sheet from ICMA. Discussion City Administration staff have reviewed the EMO Cohort and Grant opportunity and recommend that the City apply. The timeline for application, award and implementation is quick and ambitious, however we believe that Grand Island and its residents would benefit greatly from the opportunity if we are successful in the application. Grant applications are due on March 1 with notice of award issued on March 15. If selected, a 3 person cohort from the City would begin to participate in monthly virtual meetings with the 9 other regional cohorts and facilitated by ICMA and the Gates Foundation in April. In addition, all of the regional cohorts would attend an in-person national cohort meeting funded in full by ICMA and the Gates Foundation in addition to the $30,000 grant Grand Island Council Session - 2/28/2023 Page 206 / 210 funding. A second in-person national cohort meeting will be scheduled in the late summer/early fall as the work of the grant recipients is wrapped up and put into final form. Staff have met to discuss themes and planning options that would support a successful application. Common themes developed as we discussed ideas that could generate upward economic mobility for City residents. Those included expanded workforce training and upskilling options, local educational opportunities that enhance job skills and increase earning opportunities, public transportation to provide residents with the means of accessing education and training centers and employment, and providing local programs for job training and education to high school and college age residents that will enable them to remain in Grand Island and earn incomes that will assist themselves and their families in overcoming intergenerational poverty. We recognize that the creation of such opportunities in the City will require strong partnerships with the high schools, the Community College and employers, so we have reached out to Grand Island Public Schools and the Grand Island Community College to determine interest in participating in the Grant application. Each have agreed to participate in the City’s cohort and each will designate a representative to be a team member who has committed to active participation and attendance at all of the cohort meetings. We believe this level of regional cooperation in the creation of a plan to facilitate upward economic mobility for our residents will make our grant application a strong contender for award, and ultimately success in the endeavor. Per the terms of the Grant, the City’s cohort representative will be the Interim City Administrator, who also satisfies the requirement for one ICMA member on the cohort. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the submittal of a grant application. 2.Take no action. Sample Motion Move to authorize City staff to submit an application for the ICMA/Gates Foundation Economic Mobility Opportunity Cohort and Grant. Grand Island Council Session - 2/28/2023 Page 207 / 210 Grand Island Council Session - 2/28/2023 Page 208 / 210 Grand Island Council Session - 2/28/2023 Page 209 / 210 City of Grand Island Tuesday, February 28, 2023 Council Session Item J-1 Approving Payment of Claims for the Period of February 15, 2023 through February 28, 2023 The Claims for the period of February 15, 2023 through February 28, 2023 for a total amount of $6,279,351.33. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 2/28/2023 Page 210 / 210