City Council may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the
protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a
public meeting. The subject matter and the reason necessitating the closed session shall be identified in the motion to close.
A G E N D A
City Council Meeting
July 17, 2017 - 6:00 p.m. Call to Order
“I am required by law to inform the public that a copy of the Open Meetings Act is posted on the bulletin board to your
right. This meeting is being recorded. If you wish to speak, come to the podium, state your name and address and speak
directly towards the microphone the entire time you are addressing the governing body. Thank you.”
PLEDGE OF ALLEGIANCE
ROLL CALL
CONSENT
1. Approve minutes from the July 3, 2017 City Council Meeting.
2. Approve the BPW recommendation to approve the Natural Gas Work Order #210 to the amount of $53,061.52
for the replacement of 2” steel Gas Main with 2” Poly Natural Gas main from 6th St and 6th Ave north to 6th
St and the ally between 8th and 9th Ave.
3. Approve the Fire Department request to use $13,057.27 of donation funds to purchase a new set of Halmatro
extrication tools.
REPORTS
4. Report from NCTC on the progress of the NE 150 events.
5. Treasurer’s Report.
6. City Administrator’s Report.
7. Acknowledge receipt of Utility Financial Report for period ending May 31, 2017.
8. Acknowledge receipt of Utility Claims for period ending June 30, 2017.
NEW BUSINESS 9. Accepting the report of new claims against the City and approving disposition of claims set for the period of July 4,
2017 to July 17, 2017.
10. Discussion/action to approve the SDL request for NCTC on Central Avenue between 7th and 9
th Streets on August 20
th
from 12:00 PM to 7:00 PM with and a rain-out location as the Fox Center.
11. Discussion/action to approve the SDL request for Arbor Crossing Event Center on September 15th from 4:00 PM to
11:00 PM, September 16th
from 8:00 AM to 11:00 PM and September 17th from 9:00 AM to 6:00 PM.
12. Discussion/action to approve the Dock Board’s recommendation to rent City property block 112 Gregsport addition
lots 1-6 & 7-12.
13. Discussion/action to approve the purchase/lease of a City vehicle for use by the Construction and Facility Manager
and City Administrator.
14. Discussion/action to approve the Disaster Response Agreement form.
15. Discussion/action to approve the new Grant and Donations Policy.
16. Discussion/action to approve the grant application for the EMS to purchase an ambulance.
17. Discussion/action to approve the grant application for the Parks and Recreation Department to replace field lighting at
the Softball Complex on fields 1 & 2.
18. Discussion/action to approve the grant application for the Parks and Recreation Department to complete the seawall
around the pond at Steinhart Park and purchase two fountains.
19. Discussion/action to approve the grant application for the Parks and Recreation Department to purchase a new
Concession Stand and equipment at the Softball Complex.
20. Discussion/action to approve the BPW letter of support for Grant application.
21. Discussion/action to approve the BPW recommendation to approve the bid of $300,043.00 for the relocation and
replacement of the water main and sewer main in conjunction with the 4th Corso Viaduct Replacement Project.
22. Discussion/action to select a proposal to make repairs to a concrete culvert under 4th Corso near Steinhart Park.
23. Closed session for the purpose of conducting a strategy session with respect to potential real estate purchase(s). The
reason for closing the session is to achieve the best possible price for the taxpayers, if a purchase offer is made.
ADJOURNMENT
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CITY OF NEBRASKA CITY, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
July 3, 2017
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Nebraska City
was conducted in the William F. Davis Room at City Hall, 1409 Central Avenue, on July 3, 2017. Notice
of the meeting was given in advance thereof by posting in at least three public places, the designated
method for giving notice, as shown by the Certificate of Posting Notice attached to these minutes.
Availability of the agenda was communicated in advance to the media, Mayor and Commissioners of this
proceeding and said meeting was open to the public.
Mayor Bequette called the meeting to order at 6:00 p.m. The Mayor publicly stated to all in attendance that
a current copy of the Nebraska Open Meetings Act was available for review and indicated the location of
such copy posted in the room where the meeting was being held. Mayor Bryan Bequette then led in the
Pledge of Allegiance. Upon roll call the following answered present: Paul Davis, Vic Johns, Gloria Glover
and Mayor Bequette. Absent: Patrick Wehling. The following City Officials were present: City
Administrator Grayson Path, City Attorney David Partsch, Police Chief David Lacy, Utilities Treasurer Jeff
Kohrs, Construction and Facility Manager Marty Stovall, and Deputy City Clerk-Treasurer Patricia Moore.
Mayor Bequette moved to approve the following consent items:
Approve minutes from the June 19, 2017 City Council Meeting.
Approve the SDL request of Prairie Creek Vineyards, LLC for 9/15/17, 8am-11pm, 9/16/17, 8am-11pm
and 9/17/17, 9am-4pm to be held at the Fox Center 424 Central Ave. Motion seconded by Commissioner
Glover. Upon roll call the following voted YES: Davis, Glover, Johns and Mayor Bequette. Voting NO:
None. Motion carried
Moved by Mayor Bequette to re-appoint Stephanie Shrader to the Board of Public Works for another five
year appointment. Upon roll call the following voted YES: Johns, Glover, Davis and Mayor Bequette.
Voting NO: None. Motion carried.
Mayor Bequette opened the Public Hearing on the Citizen’s Advisory Review Committee’s report on the
Economic Development Growth Fund. There were no comments made either in favor or in opposition.
Mayor Bequette moved to close the Public Hearing, seconded by Commissioner Johns. Upon roll call the
following voted YES: Johns, Glover, Davis and Mayor Bequette. Voting NO: None. Motion carried.
Report was given by the Citizen’s Advisory Review Committee on the Economic Development Growth
Fund. Dan Mauk and Jeanna Stavas gave the report.
Moved by Commissioner Glover and seconded by Davis to accept the report of new claims against the City
and approving disposition of claims set for the period of June 20, 2017 to July 3, 2017. Upon roll call the
following voted YES: Davis with abstention to any claims pertaining to West Lake Ace Hardware, Johns,
Glover and Mayor Bequette. Voting NO: None. Motion carried.
CLAIMS LIST
July 3, 2017 A-1 Locksmith Rep/Maint 225.00 Mainelli Mechanical Rep/Maint 6486.65 About Quality Fence Grant Purchases 3352.00 Martin Marietta Mat Gravel & Borrow 583.12 ACCO Rep/Maint 391.56 Matheson Tri-Gas, Inc. Sup 82.10 Action Technology Serv Computer 400.00 Mead Lumber Rep/Maint 45.54
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American National Bank Loan Pmt 669.05 Mercer's Do-It-Best Sup 301.40 Arbor Mart, Inc Fuel 2104.04 Meyer, S. Rfnd 25.00 AVAC Animal Exp 237.95 Midwest Farmers Coop Chem 260.97 Associated Supply Co. Chem 4503.12 Midwest Turf and Irr Rep/Maint 186.79 Bill Walters & Son Shop Rep/Maint 261.43 Mullenax Auto Supply Rep/Maint 28.23 Bob's Welding Shop Rep/Maint 120.00 Napa Auto Parts Rep/Maint 238.06 Bohl Plumbing & Heat Rep/Maint 79.80 National Sports Prod Rep/Maint 53.51 Bound Tree Medical LLC Sup 601.49 Nationwide Inv 13,990.07 Card Services Multi 912.62 NC Clerk - Treasurer Donation Purchase 20.00 CB Plumbing Services Rep/Maint 336.63 Nc Museum Association Curator 2406.25 Cobblestone Hotel Conf/Mtg 166.00 NC Newspress Adv 274.18 Coca-Cola of Lincoln Bev 759.87 NC Rotary Club Dues 375.00 Concrete Industries, Inc. Concrete 1095.97 NCTC Tourism 7904.47 Consolidated Manag Training 185.98 NE Environmental Rep/Maint 353.27 Douglas Tire Co. Rep/Maint 287.95 NE Law Enforcement Tr Training 50.00 Eakes Office Solutions Off Sup 236.27 O'Reilly Auto Parts Rep/Maint 126.35 EMC National Life Co Ins 446.25 Orschlen Multi 143.50 F & B Constructors, Inc. Rep/Maint 2660.89 Otoe County Clerk Permit Fees 3326.50 Fareway Food Store TIF 7694.96 Painter, M. Reim 7.53 Fareway Stores, Inc. Food Resale 348.94 Payroll Payroll 140270.11 Feld Fire Rep/Maint 40.29 Physicians Laboratory Emp. Can. Qual 40.00 Fireguard Rep/Maint 2325.00 Physio-Control, Inc Sup 141.00 Fred Pryor Seminars Training 398.00 Quality Brands Lincoln Bev 179.60 Fritschle, K. Reim 42.94 R & R Products Co. Irr. Maint 33.52 W. W. Grainger Sup 11.68 SENDD EDRLF 576.44 Grimm's Gardens Flwr Bsket 942.54 Spiral Communications Tele 183.32 Guardian Ins 9,085.18 St. Mary's Comm Hosp Bkground/Drug Screen 99.00 Hauberg, A. Rfnd 25.00 Stutheit Implement Rep/Maint 817.77 Holiday Inn of Kearney Conf/Mtg 171.90 Sysco Lincoln Food Resale 2301.74 Independent Distributor Food Resale 77.44 Tag's One Stop Fuel 32.00 JEO Consulting Group Kearney Hill Proj. 5363.50 Thurman's Bike & Sport TIF 9031.55 Johnny's Cycle Donation Purchase 12900.00 Tielke's Sandwiches Food Resale 40.24 Kreifel, B. Rfnd 100.00 UHC Ins 112,390.01 Kubota of Omaha Equip 286.22 Unifirst Corporation Contract 178.57 Larson Motors Rep/Maint 921.24 Verizon Wireless Tele 197.82 Lawn Barber Code Comp 170.00 VHT Investments Rfnd 200.00 Lincoln Financial Ins 4,980.41 Westlake Ace Hardware Rep/Maint 333.23 ME Collins Contracting Kearney Hill Proj. 66809.66
Moved by Mayor Bequette and seconded by Johns to approve the use of the Memorial Way for the DJ of
the Car Show 9/17/2017. Upon roll call the following voted YES: Johns, Glover, Davis and Mayor
Bequette. Voting NO: None. Motion carried.
Moved by Mayor Bequette and seconded by Glover to approve Resolution 2752-17 to approve the
Interlocal agreement with the Otoe County Sheriff Department to replace the dispatch equipment. Grayson
explained the request and Otoe County Council Chair Rick Freshman and Chief David Lacy spoke in favor
of the agreement. Upon roll call the following voted YES: Johns, Glover, Davis and Mayor Bequette.
Voting NO: None. Motion carried.
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Moved by Mayor Bequette and seconded by Davis to set July 18th 19th and 20th for the FY 17/18 budget
discussions. Upon roll call the following voted YES: Johns, Glover, Davis and Mayor Bequette. Voting
NO: None. Motion carried.
A true and correct copy of said resolution is as follows:
RESOLUTION NO. 2752-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEBRASKA CITY TO
APPROVE, RATIFY, AND ACCEPT THE INTERLOCAL AGREEMENT FOR 911
EMERGENCY DISPATCH SERVICES BY AND BETWEEN THE COUNTY OF OTOE,
NEBRASKA, AND THE CITY OF NEBRASKA CITY, NEBRASKA; AND TO APPROVE THE
EXECUTION THEREOF.
BE IT RESOLVED by the City Council of the City of Nebraska City, Nebraska, that the Interlocal
Agreement for 911 Emergency Dispatch Services by and between the County of Otoe, Nebraska, and the
City of Nebraska City, Nebraska, is found to be in the best interests of the citizens of the City of Nebraska
City.
BE IT RESOLVED that the Agreement is hereby approved, ratified, and accepted, and the Mayor
is hereby authorized to execute the same.
PASSED AND APPROVED this _____ day of July, 2017.
CITY OF NEBRASKA CITY
___________________________
Bryan Bequette, Mayor
Attest: ___________________________
Randy Dunster, Clerk-Treasurer
Moved by Mayor Bequette and seconded by Glover to approve the City Administrator and Construction
Manager obtaining a vehicle, but to come back to the next Council meeting with the best option as to
whether to purchase or to lease a like vehicle. Marty Stovall, Grayson Path and Chief David Lacy spoke to
explain the request. Upon roll call, the following voted YES: Glover, Johns, Davis and Mayor Bequette.
Voting NO: None. Motion carried.
Moved by Commissioner Johns and seconded by Mayor Bequette to approve Final Acceptance of the
Kearney Hill Project with ME Collins. Upon roll call, the following voted YES: Glover, Johns, Davis and
Mayor Bequette. Voting NO: None. Motion carried.
Chairman of the Board of Public Works John Hoagland addressed the Council to announce the June 30,
2017 retirement of Tom Leismeyer as the Utilities Department Superintendent and the pending retirement
of Leroy Frana as the General Manager of the Nebraska City Utilities effective March 31, 2018.
Moved by Mayor Bequette and seconded by Johns to approve Resolution 2753-17 to hold a hearing as to
the sufficiency of any written objections filed objecting to the creation of Street Improvement District No.
2017-1. Upon roll call the following voted YES: Glover, Johns, Davis and Mayor Bequette. Voting NO:
None. Motion carried. A true and correct copy of said resolution is as follows:
RESOLUTION NO. 2753-17
BE IT RESOLVED BY THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY
OF NEBRASKA CITY, NEBRASKA, as follows:
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The Mayor and Board of Commissioners hereby find and determine that the Mayor and Board will
meet on the 7th
day of August, 2017, at 6:00 o'clock P.M. at the regular meeting place of the Board, at
which time a hearing will be held as to the sufficiency of the written objections filed objecting to the
creation of Street Improvement District No. 2017-1 of the City and as to the existence of the required facts
and conditions relative to the creation of the District. Resolution 2750-17 is hereby repealed. The Clerk is
hereby instructed to cause notice of this hearing to be included in the Notice of Creation of the District,
published as provided by law.
PASSED AND APPROVED this day of , 2017.
ATTEST: _______________________________
Mayor
_______________________________
City Clerk
Moved by Mayor Bequette and seconded by Johns to approve Resolution 2754-17 to hold a hearing as to
the sufficiency of any written objections filed objecting to the creation of Street Improvement District No.
2017-2. Upon roll call the following voted YES: Glover, Johns, Davis and Mayor Bequette. Voting NO:
None. Motion carried. A true and correct copy of said resolution is as follows:
RESOLUTION NO. 2754-17
BE IT RESOLVED BY THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY
OF NEBRASKA CITY, NEBRASKA, as follows:
The Mayor and Board of Commissioners hereby find and determine that the Mayor and Board will
meet on the 7th day of August, 2017, at 6:00 o'clock P.M. at the regular meeting place of the Board, at
which time a hearing will be held as to the sufficiency of the written objections filed objecting to the
creation of Street Improvement District No. 2017-2 of the City and as to the existence of the required facts
and conditions relative to the creation of the District. Resolution 2751-17 is hereby repealed. The Clerk is
hereby instructed to cause notice of this hearing to be included in the Notice of Creation of the District,
published as provided by law.
PASSED AND APPROVED this day of , 2017.
ATTEST: _______________________________
Mayor
_______________________________
City Clerk
Meeting Adjourned at 7:03 P.M.
AFFIDAVIT
I, the undersigned City Clerk for the City of Nebraska City, Nebraska, hereby certify that the foregoing is a true and correct copy
of proceedings had and done by the Mayor and Board of Commissioners, that all of the subjects included in the foregoing
proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the
office of the City Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting; that
at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying
by members of the public; that the said minutes from which the foregoing proceedings have been extracted were in written form
and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news
media requesting notification concerning meetings of said body were provided advance notification of the time and place of said
meeting and the subjects to be discussed at said meeting. ________________________________
Randy A. Dunster, City Clerk-Treasurer
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
Agenda Information Support Sheet
To: Mayor and Commissioners
Council Meeting: July 17, 2017
Agenda Item: #3
Submitted By: Alan Viox
A. Synopsis of Issue:
a. The Nebraska City Fire Rescue Fire Division is requesting to purchase a second set of Halmatro extrication
tools. The tools are used during automobile accidents or any other emergency that would require extrication.
Our present tools are 10 years old and at our last training event the cutters and spreader both became
inoperable, one with broken cutter arm and one with an oil leak at the hose connection. The 10 year old
Halmatro tools will be back up to the new Halmatro tools, our present back up tools are 30+ years of age and
are not new car technology approved. Without these tools, we don`t have any way to do extrication for patient
removal from vehicle accidents.
B. Options:
a. Purchase a Holmatro 5250 Spreader, Holmatro 5050i cutter core and 1 length of Holmatro 32’ Blue Core Hose
at $13,057.27. See attached from Fire Guard.
C. Fiscal Note:
a. The Nebraska City Fire Rescue Fire Division has just recently received $60,750.00 in donations. The items to
be purchased are not budgeted but would come from the donation line item no city tax money would be used.
D. Recommendation:
a. Recommend that the Nebraska City Fire Rescue Fire division be allowed to purchase the Halmatro cutter,
spreader, and hose at $13,057.27 from the donation line item.
b. Recommended Motion:
i.
E. Background:
a.
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Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting
is held.
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
Agenda Information Support Sheet
To: Mayor and Commissioners
Council Meeting: July 17, 2017
Agenda Item: #12
Submitted By: Crystaphena Balquier (Dock Board Secretary)
A. Synopsis of Issue: A request from Travis Gillespie was brought before the Dock Board to lease the property at 112
Greggsport Addition lots 1-6 & 7-12 for $100.00 per year.
B. Options: To approve leasing of the land or not approve the leasing of the land.
C. Fiscal Note: The land would bring in $100.00 revenue per year plus assessed property taxes will be paid by the lessee.
The land would also be maintained by the lessee.
D. Recommendation: The Dock Board recommends to the City Council to lease the property on a 2 year lease for $100.00
per year under the conditions that the property is utilized for nonprofit events only unless preapproved, the taxes for
the land are paid by the lessee, and the land be insured at a minimum of a million dollars.
E. Background: Travis Gillespie owns land directly north of the land in question. He would like to utilize the land in
question for the use of boy scout camping. He would also like to regularly maintain that land. In the past trespassers
have occupied the land and he would like to be able to monitor the land to avoid inappropriate actions to be taking
place there.
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Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting is
held.
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
Agenda Information Support Sheet
To: Mayor and Commissioners
Council Meeting: July 17, 2017
Agenda Item: #13
Submitted By: Marty Stovall, Construction and Facility Manager
Grayson Path, City Administrator
A. Synopsis of Issue:
a. City-owned vehicle needed for Construction/Facility Manager and City Administrator.
b. This issue is being brought forward now vs. FY17/18 CIP as 1) there are available funds given fiscal year end
(FYE) estimates and 2) there is a present and current need that, due to the present alternative (use of personal
vehicles), warrants the request.
c. In addition, at least two Commissioners (during a performance evaluation process) made requests of the City
Administrator and Construction/Facility Manager that this be looked in to. We took that to mean immediately.
B. Options:
a. Purchase 2015 Chevy Equinox, 55,000 miles
i. Finance the car at 2.75% interest for 3 years for a monthly payment of approximately $435.00 as
quoted by American National Bank.
ii. Purchase outright
b. Lease 2018 Chevy Equinox, Acquisition Fee $595 and $407.50 due at signing, Monthly payment of $407.50
for 36 months. $19,933.00 purchase price at end of Lease.
C. Fiscal Note:
a. Purchase price, $15,949.00.
b. During the budget process, a total of about $15,400.00 in available funds has been found in the Public
Properties budget by FYE. In addition, between the Street Department and Administration Department (both
of which are benefited by this expense), there is an additional $1,500 - $3,000 (if not more – conservative in
these figures at this time) available in funds by FYE. These numbers can of course change by the FYE, but at
this point departments are feeling good about their estimates for where their budgets will be by September 30th
.
c. Overall, looking at the FYE estimates of budgets, it still does appear that the City will spend less than revenues
received (money will be placed in to the reserves). These numbers will be provided to the City Council very
soon when the City Administrator has been able to complete his budget process. At the time of writing this
sheet, the difference in expense vs. revenue is over $200k.
D. Recommendation:
a. Purchase outright the 2015 Chevy Equinox, 55,000 miles.
E. Background:
a. Construction/Facility Manager has been using personal vehicle for one year, not charging mileage. When we
had the electric car it was utilized by entire staff being shared with 5 people. In addition to the cost, that
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vehicle was very limited on travel and capability. It is good for errands but not for construction sites or leaving
town. As some do not need a vehicle as often, Construction/Facility Manger uses a vehicle multiple times a
day. I recently kept track of miles in one week, 250 miles. City staff at this time borrows NCU vehicle to
attend out of town trainings or uses Street Department pickups.
b. This type of vehicle provides for many uses: Construction visits, Administrator use, and Building Inspection.
c. In addition to this vehicle, the Police Department is planning on giving their Chevrolet Impala to City Hall for
the Administrative Staff to use for errands and bank runs each day so that they can stop using their personal
vehicles as well. One vehicle for all of Admin Department, City Administrator, and Construction/Facility
Manager will not work as well.
d. Currently, the City Administrator is using available Street Department trucks to attend meetings out of town,
which is poor on gas mileage, limited on seating, and has not always been easy to park when attending
conferences in Lincoln. This also puts the Street Department down on a vehicle for up to several days.
e. While the City’s insurance does cover personal vehicles if used for business, it is highly recommended that this
practice be discouraged as much as possible by providing city vehicles as possible in order to prevent situations
where accidents happen involving a personal vehicle, wear and tear directly related to city business, and any
number of other issues that might affect an employee’s personal vehicle.
f. As part of his daily duties, the Construction and Facility manager is expected to visit work sites throughout
town. The City Administrator is also expected to meet with individuals, Commissioners, and Departments
throughout town.
g. Regarding looking for a vehicle that is less expensive, I found that vehicles in the $10,000.00 range seem to get
into very high miles which will create a continuing maintenance cost.
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Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting
is held.
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
Agenda Information Support Sheet
To: Mayor and Commissioners
Council Meeting: July 17, 2017
Agenda Item: #14
Submitted By: Grayson Path, City Administrator
Marty Stovall, Construction and Facility Manager
F. Synopsis of Issue:
a. Early this year, members of the Executive Staff, Mayor, and Emergency Management have met to discuss an
Emergency Disaster Round Table – a scenario in which a disaster occurs and we run through a response. This
is ongoing throughout the year.
b. Through the process, the attached Agreement was created that is designed to have pre-negotiated terms and
costs for vendors assisting the city with responding to a disaster.
c. Under normal situations, when a disaster occurs the City services (utilities, Streets, Administration, etc.) will
likely be quickly overwhelmed by the amount of response that is needed. Undoubtedly outside contractors will
be called in to assist with recovery and clean up. For example – a construction company with heavy equipment
will be called in to help remove debris.
d. Again under normal situations, the City staff are tasked with writing up agreements on the spot prior to sending
the crews out to do the work. It must be clear up front what the crews will do, how much they will be paid,
and when they will know to stop, amongst other terms. Attempting to develop this on the spot following a
disaster, when the need is pressing on the City, is not ideal. Therefore the attached agreement was prepared to
1) hopefully set up pre-negotiated agreements with select contractors so that in a disaster we can get right to
work and 2) provide a template that can be easily adjusted for disasters and new contractors that were not pre-
arranged with this agreement but are still needed.
e. The primary focus of this agreement is to set costs at FEMA rates to match what FEMA will reimburse the
City for as well as require documentation to support those charges.
f. City Staff are asking that the Governing Body approve this model Agreement and authorize the Staff to reach
out to select companies and vendors in an attempt to sign this agreement. All agreements with these
companies and vendors will be brought back to the City Council for approval. This will likely be an on-going
process in the months and years to come. Therefore no set deadline will be created to have a certain number of
agreements signed by.
G. Options:
a. Approve the Disaster Response Agreement model and authorize staff to reach out to companies and vendors,
seeking their willingness to enter in to this Agreement with the City.
b. Reject this agreement.
c. Edit this agreement.
H. Fiscal Note:
a. There will be no cost to the City for these agreements other than 1) employee time working with companies to
enter in to this agreement and/or 2) if a disaster occurs, this agreement spells out how costs will be paid.
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I. Recommendation:
a. Approve the Disaster Response Agreement model and authorize staff to reach out to companies and vendors,
seeking their willingness to enter in to this Agreement with the City.
J. Background:
a. This agreement is our attempt to be ready for a disaster that we hope will never occur. Instead of having to
throw together an agreement on the spot – potentially making mistakes and causing delays – this agreement
will be in place allowing the contractor to get right to work.
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Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting
is held.
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
DISASTER RESPONSE AGREEMENT
This Disaster Response Agreement (“agreement”) is made and entered into by and between the City of Nebraska City (“City”),
whose address is 1409 Central Avenue, Nebraska City, NE 68410, and the (“Company”),
whose address is .
1. Purpose. The purpose of this agreement is to establish the terms and conditions under which a mutual aid
response will occur during a period of disaster. This is a voluntary response agreement that as a result of a natural
and/or manmade disaster, regardless of the cause, which exceeds the City’s effective response capabilities, the City may
request assistance from the Company in the form of personnel, equipment and/or materials and the Company may
respond. If in fact the City requests assistance and the Company responds, the terms and conditions of this agreement
shall apply. A disaster can be internal or external in nature. This agreement does not apply to any non-disaster related
work that the parties may wish to enter an agreement for; such work will require a separate negotiated agreement.
2. Term. This agreement shall be effective for a period of three years from the signature date. The term of this
agreement shall be renewed for an additional three year period, unless a party gives the other party written notice of its
intention not to renew, which notice shall be given no less than thirty (30) days prior to the expiration date of the then
current term. Either party may terminate this agreement for any or no reason with a thirty (30) day written notice.
3. Documentation. Upon the request for assistance to a disaster, each party shall be responsible for maintaining its own
documentation in accordance with governing state and federal law. Said documentation shall include at minimum a
daily log of personnel time records, a log of equipment hours, and an inventory of material. Without said
documentation, compensation as provided in this agreement will not be provided.
4. Procedure. Upon the occurrence of a disaster which exceeds the City’s effective response capabilities, the City
may request assistance from the Company to perform designated tasks. The City shall determine and relay to Company
the scope of the situation, amount and type of personnel, equipment or materials needed and a reasonable estimate of the
length of time they will be needed. The Company may respond to perform said designated tasks. If the Company
responds, the Company shall only respond with the amount and type of personnel, equipment or materials requested by
the City unless more is requested at a later time by the City. If the Company responds, both parties shall designate a
representative on site to coordinate completion of tasks. Both parties shall remain in full control of their own personnel,
equipment and unused materials. The Company at any time may terminate its response to the disaster, at which time it
will promptly remove its personnel, equipment and remaining materials. Upon completion of the tasks, the City will
determine if any further tasks are needed to be completed. If no further tasks are available, the Company shall remove
its personnel, equipment and remaining materials as promptly as possible. The City reserves the right to terminate any
tasks at any stage of completion and require the Company to remove its personnel, equipment and remaining materials.
At any time during the disaster, the Company may suggest work assignments and tasks to the City; however the City
shall have the exclusive responsibility and authority for assigning work assignments and tasks. Upon removing
personnel, equipment and remaining materials, the Company shall return it directly to its originating applicable place of
work to complete the period of assistance; otherwise if taken to a different location, it shall document the ending of the
period of assistance at a time and distance no greater than that of the originating applicable place of work and less if the
new location is less than the time and distance from the originating applicable place of work.
5. Period of Assistance. The period of assistance is the time beginning with the departure of any personnel or
equipment of the Company from any point for the purpose of traveling to the City in order to provide assistance, or to a
staging area in preparation for providing assistance, and ending upon the return of all personnel or equipment of the
Company after providing the assistance requested, to the applicable place of work for the Company.
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6. Compensation. The parties hereby agree that, per this agreement, all equipment compensation shall be at the then
current Federal Emergency Management Agency (FEMA) schedule of equipment rates and only for times of operation
of equipment performing eligible work. Standby equipment costs are not eligible for compensation. Reimbursement
for the loss of or damage to any equipment caused by the City and/or its personnel shall be the replacement cost of the
equipment lost or damaged unless such damage is caused by another party or the negligence of the Company and/or its
personnel. In the case of any personnel not included in the equipment rates, the City shall compensate the Company at
the Company’s standard costs and expenses for personnel for time worked including overtime, if any. Personnel costs
in standby are not eligible for compensation. In the case of materials, the City shall reimburse Company for all
materials and supplies furnished by the Company and used or damaged during the period of assistance, unless such
damage is caused by negligence of the Company and/or its personnel. All compensation must be supported by complete
documentation per section 3.
7. Transportation. The Company shall transport needed personnel, equipment and materials by reasonable and
customary means and shall charge reasonable and customary rates for such transportation.
8. Meals, Lodging and other related Expenses. Charges for meals, lodging and other expenses related to the provision of
aid pursuant to this agreement shall be the reasonable and actual costs incurred by the Company.
9. Payment. The Company shall bill the City for all expenses not later than ninety (90) days following the period
of assistance. The City shall pay the bill in full within sixty (60) days unless an arrangement is mutually made by both
parties.
10. Insurance. Both parties shall each bear the risk of its own actions, as it does with its day-to-day operations, and
determine for itself what kinds of insurance, and in what amounts, it should carry. Nothing herein shall act or be
construed as a waiver of any sovereign immunity or other exemption or limitation on liability that either party may
enjoy. The parties should maintain appropriate insurance for: 1) any equipment, 2) employee faulty workmanship and
other negligent acts, errors, or omissions, 3) worker’s compensation coverage, and 4) general liability.
11. Indemnification. Each party, its agents and employees, shall not be liable for any injury or damage to person or
property relating to or arising out of any act or omission committed by the other party, its agents or employees. Further,
each party shall defend, indemnify, and hold the other party, its agents or employees, harmless from and against any
claim, loss, expense (including reasonable attorney’s fees), or damage to any person or property relating to or arising
out of any act or omission of the other party, its agents or employees.
12. Contact Information.
City of Nebraska City
Grayson Path or Marty Stovall
City Administrator Construction and Facility Manager
1409 Central Avenue 1409 Central Avenue
Nebraska City, NE 68410 Nebraska City, NE 68410
402-873-5515 402-873-5515
402.873.8139 (cell)
Company
NAME
TITLE
ADDRESS 1
ADDRESS 2
PHONE NUMBER
CELL PHONE NUMBER
13. State and Federal Laws. This agreement is performed in Nebraska City, Nebraska, and is subject to all applicable
Federal and State of Nebraska laws, statutes, codes, any and applicable permits, ordinances, rules, orders, and
regulations of any local, state, or federal government authority having or asserting jurisdiction.
14. Confidentiality. To the extent provided by law, both parties shall maintain in the strictest confidence and shall take all
reasonable steps necessary to prevent the disclosure of any confidential information disclosed under this agreement.
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15. Exclusivity. This agreement is not exclusive and does not preclude or limit either party from executing other
mutual aid agreements or agreements with other parties.
16. Modification. Both parties may amend this agreement by a mutually agreed upon written amendment.
17. Severability. If any provision of this agreement is determined to be invalid, such invalidity shall not affect the other
provisions of this agreement which can be given effect without the invalid provisions. Each provision of this agreement
is declared to be severable.
18. Subordination. This agreement shall be subordinate and/or held void to any agreement required to be completed by
the Nebraska Emergency Management Agency (NEMA) or the Federal Emergency Management Agency (FEMA) upon
the occurrence of a disaster.
In consideration of the covenants and obligations contained herein, authorized representatives of the City and Company due
execute this agreement. The agreement is effective upon execution by each authorized representative.
City of Nebraska City, NE
Bryan Bequette, Mayor Date
[Company Name]
[Name] Date
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
Agenda Information Support Sheet
To: Mayor and Commissioners
Council Meeting: July 17, 2017
Agenda Item: #15
Submitted By: Grayson Path, City Administrator
K. Synopsis of Issue:
a. In the June 19, 2017 City Council meeting, the Governing Body directed that a Grant and Donation policy be
written that provides guidelines for when they should be involved in grant applications and expenditure of
donations.
b. The attached policy was created.
c. The general intent is to spell out when certain grant and donations will be operated through the Governing
Body.
d. The easiest way to create a definitive criteria for when to and when not to take items to the Governing Body is
to base it off of a certain dollar amount. $5,000.00 was set as it is a common number used in other policies
such as the Budget and Financial Policy.
e. Please see the attached for details, but in short the Governing Body will be made involved prior to application
for Grant(s) and/or expenditure of donation(s) if the total amount is $5,000.00 or more and it was not budgeted
to occur (approved by the Governing Body in the Budget creation process the year before).
L. Options:
a. Approve and implement the Administration of Donated and Granted Funds policy as written.
b. Reject said policy.
c. Edit and/or request edits to said policy.
M. Fiscal Note:
a. Creation of this policy does not have any immediate fiscal notes to be discussed. Implementation of this policy
will provide guidance as to how future grant and donated funds will be approved.
N. Recommendation:
a. Approve and implement the Administration of Donated and Granted Funds policy as written.
O. Background:
a. See the policy attached.
b. Commissioner Glover reviewed the policy prior to it being sent out to the Governing Body on July 7, 2017.
*********************************************************************************************
Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting
is held.
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
July , 2017
City Administrator: Finance Commissioner:
City of Nebraska City
Policies and Procedures
Administration of Donated and Granted Funds
Introduction
The City of Nebraska City, from time to time, receives funds by way of donation and grant. These funds are normally not
budgeted for due to their unexpected nature, nor do they qualify as restricted funds under the Auditor of Public Accounts
(APA) definition in accordance with State Statutes governing the City’s Financial Annual Budget. Nevertheless, it is the
responsibility of all City Officials to treat these revenues as City Funds, giving them the same level of transparency and
handling as they would tax revenue or state aid.
To this point, the following policy and procedures listed below are designed to create uniformity and conformance across
all City Departments in the pursuit of and expending of grant and donation funds. All City Officials are requested to direct
questions regarding this document to the Finance Commissioner, City Administrator, or City Clerk-Treasurer. This policy
and procedure document will work in conjunction with the established Policy and Procedure entitled “Collection and Use
of Donated and Granted Funds” which addresses the accounting and tracking of said funds through the City’s financial and
budgeting software. This policy and procedure document will also work in conjunction with the established “Budget and
Financial Policy” of the City of Nebraska City which addresses situations of exceeding the budget at various levels.
General Intent
To coordinate the pursuit of and expending of certain grant and/or donated funds through the Governing Body or their
designated official.
General Duty of all Public Servants
It is the duty of all public servants entrusted with the stewardship of grant and donated funds to practice good judgment
and due diligence in the expenditure of said funds, respecting the intent, wishes, and/or purpose of grantors and/or donors
as well as staying within the established published budget pursuant to the instructions laid out in this and other related
policies and procedures.
Definitions
1. City Officials – To include City Commissioners, City Committee/Board members, and City Staff of the City of
Nebraska City.
2. Donation – Funds received as free will payments or gifts including, but not limited to, payments from estates and as
directed in wills. Donations may be made restricted or unrestricted.
3. Donor – Party or entity providing a donation.
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4. Grant – Funds received after application to a program and selection by the program to distribute funds. Grant
programs usually require applicants to explain use of the funds and grant such funds based on the described use.
Grant funds are considered restricted.
5. Grantor – Party or entity providing a grant.
6. Operation Expenditure – For the purpose of this policy only; line accounts 5000 – 5050 unless items are equipment
and/or large purchases made no more than twice a year on average. Operation expenditures would include the
following: salaries, utilities, insurance, contract labor, equipment rent, supplies, postage, credit card fees, refunds,
advertising, printing, publications, pest control, etc.
7. Restricted – Limited as to use or type of expenditure. This is not to be confused with the Statutory use of
“restricted” enforced by the APA which determines if a revenue source falls under the City’s growth lid or not.
8. Unrestricted – Not limited as to use or type of expenditure. This is not to be confused with the Statutory use of
“unrestricted” enforced by the APA which determines if a revenue source falls under the City’s growth lid or not.
Process
Donations are received by the City throughout the year by solicitation or without solicitation through instructions in wills,
estate distributions, or free will offerings. Generally grants are received through the process of application for funds for a
specific purpose and may result in funding up-front or funding through an award requiring a drawdown of funds after
expenditures are made. Donations and grants are mechanisms for funding non-routine purchases or projects of the City,
unless otherwise directed by the donor/grantor or as provided in this policy.
Donations may be received with instructions from the donor for a specific purpose (restricted) or for general use
(unrestricted). The City of Nebraska City has determined that donations shall not be requested or used for operations
expenses and therefore all donations must be designated for a specific non-routine purpose. The donor’s instructions shall
set the restriction or, if no instructions are received, the department manager and/or commissioner shall determine the
project or purchase for which the donation shall be used. If the funds cannot be used as the donor wished, the funds are
insufficient to cover the cost of the donor’s request, or if the funds exceed the cost of the donor’s request, the donor shall
be notified and further instructions shall be requested. If the donor requests that the excess funds be returned, the City
shall return the funds as soon as possible.
Grants are usually given with restrictions based on the grant program and a determination of the project that the funds will
be used for by the department head or commissioner is not necessary. One known exception is the case where grants are
received annually for operations expenses at Wildwood House instead of the grants being received for a specific
maintenance project or equipment purchase.
For questions regarding how tracking and maintenance of grants and donations occur once the funds are received or
approved to be distributed via drawdown or other mechanism, please see the “Collection and Use of Donated and Granted
Funds” policy and procedure document available in the Administration Department at City Hall.
Procedures
Donations
1. All donated funds received by City Officials for the specific use of the City of Nebraska City or a department of
the City of Nebraska City shall be tracked via the “Collection and Use of Donated and Granted Funds” policy and
procedure.
2. In all situations, the City of Nebraska City “Budget and Financial Policy” shall apply to the expenditure of
donated funds and the appropriate donation expense line of the Department’s budget.
3. For any expense approved through the budget process each fiscal year, the following items #4 and #5 will not
apply unless changes to the approved expense occur causing for more funds to be expended than originally
planned.
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4. Whether by use of one specific donation, pooling of multiple donations, and/or by adding a match from or use of
general funds, expenditures for a single expense or a collection of related expenses exceeding $5,000.00 will be
brought forward to the City Council for approval prior to implementation. The Department Head and
Commissioner, working in conjunction with the City Administrator, will prepare a recommendation based on the
need for the expense and intent of the donor(s) and propose it to the City Council. The City Council will examine
the intent of the donor(s) and make a determination as to whether the proposed expense meets that intent thus
approving the expense, does not meet the intent thus denying approval of the expense, or if a different purchase
should be made based on the intent of the funds.
5. Whether by use of one specific donation, pooling of multiple donations, and/or by adding a match from or use of
general funds, expenditures for a single expense or a collection of related expenses not exceeding $5,000.00 will
be coordinated between the Department Head and Commissioner of that Department. Unless the “Budget and
Financial Policy” applies, the Department Head and Commissioner will make the determination as to whether the
intent of the donor(s) is being met and approve or reject the purchase.
6. Non-monetary donations of value (ex: vehicles, equipment, buildings, etc. instead of money) that inherently
involve insurance coverage and/or potential future maintenance will be brought forward to the City Council for
approval prior to receiving the item(s).
7. If the donor’s request cannot be fulfilled, the Department Head will speak with the donor to determine if an
alternative can be found. Otherwise if no alternative can be found and the donor’s request cannot be fulfilled, the
donated funds will be returned to the donor.
8. At no time will donated funds be used to purchase items in conflict with the intent of the donor’s request.
Grants
1. All grant funds received by City Officials for the specific use of the City of Nebraska City or a department of the
City of Nebraska City shall be tracked via the “Collection and Use of Donated and Granted Funds” policy and
procedure.
2. In all situations, the City of Nebraska City “Budget and Financial Policy” shall apply to the expenditure of grant
funds and the appropriate grant expense line of the Department’s budget.
3. For any expense approved through the budget process each fiscal year, the following items #4, #5 and #6 will not
apply unless changes to the approved expense occur causing for more funds to be expended than originally
planned.
4. Whether by use of one specific grant, pooling of multiple grants, and/or by adding a match from or use of general
funds, expenditures for a single expense or a collection of related expenses exceeding $5,000.00 will be brought
forward to the City Council for approval prior to submitting application for said grant(s). The Department Head
and Commissioner, working in conjunction with the City Administrator, will prepare a recommendation based on
the need for the expense and requirements of the grant application and propose it to the City Council. The City
Council will examine the proposed grant(s) application and approve or reject.
5. In a situation where item #4 applies, but the deadline for the application is prior to the next available City Council
meeting, the appropriate official per item #9 below will sign and submit the application. Item #4 will be carried
out and if the City Council rejects the grant application and/or proposal, the appropriate official will immediately
withdraw the application from consideration by the grantor.
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6. Whether by use of one specific grant, pooling of multiple grants, and/or by adding a match from or use of general
funds, expenditures for a single item or a collection of related items not exceeding $5,000.00 will be coordinated
between the Department Head and Commissioner of that Department. Unless the “Budget and Financial Policy”
applies, the Department Head and Commissioner will make the determination as to whether or not to proceed with
the grant application.
7. If the grant funds have been received and the requirements and restrictions laid out by the grantor cannot be
fulfilled, the Department Head will speak with the grantor to determine if an alternative can be found. Otherwise
if no alternative can be found and the grant requirements and restrictions cannot be fulfilled, the grant funds will
be returned to the grantor.
8. At no time will grant funds be used to purchase items in conflict with the instructions and/or restrictions of the
grant application or contract.
9. All grant requests will be signed by the Board Chair of the entity whose FEIN number is being used on the
application unless the City’s FEIN number is being used, in which case the City Administrator will sign.
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
Agenda Information Support Sheet
To: Mayor and Commissioners
Council Meeting: July 17th
, 2017
Agenda Item: #20
Submitted By: Board of Public Works
A. Synopsis of Issue:
a. The present Natural Gas refueling station was installed approximately 5 years ago and is used to refuel 8
Trucks or Vehicles operated by the Utilities Dept. Presently there are 2 additional trucks on order that will be
equipped with the capability to run on Natural Gas.
B. Options:
a. Do nothing and continue use of present equipment and risk breakdown and added maintenance. Also due to the
length of time for the “slow fill” station for refueling the number of vehicles is impacting scheduling of
refueling
b. A Grant award would provide updating refueling equipment and provide a significantly faster refueling option
of ½ hour vs. 6 hours per vehicle with the slow fill station presently being used.
C. Fiscal Note:
a. The Utilities would purchase Natural Gas fueling equipment and commit at least $25,000 as part of a matching
grant. The approval of such purchase of equipment would come to the City Commissioners by
recommendation from the BPW if the grant is successful and equipment was subsequently specified and bid.
D. Recommendation:
a. Approve the Grant Application process to the Nebraska Environmental Trust along with other members of the
Nebraska Community Energy Alliance.
b. Recommended Motion:
i. Authorize the mayor to sign a letter of support and commitment to participate in a grant application to
the Nebraska Environmental Trust for a 50/50 Match up to $25,000 for Natural Gas Filling
Equipment.
E. Background:
a. The use of Natural Gas as a fuel provides an economical fuel for the utility fleet and prolongs engine life. Staff
has experienced longer oil life and expects to have longer engine life of such equipped vehicles. The exact
length of life improvement is yet to be determined at this time and is only expected based upon the experience
in the industry.
*********************************************************************************************
Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting
is held.
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CITY OF NEBRASKA CITY
1409 Central Avenue
Nebraska City, NE 68410-2223
Phone: 402-873-5515
Fax: 402-873-5685
Agenda Information Support Sheet
To: Mayor and Commissioners
Council Meeting: 7/17/2017
Agenda Item: #22
Submitted By: Marty Stovall
Synopsis of Issue:
a. Sink Hole at 4th
Corso, West of Parks Department Driveway. It was discovered approximately a month ago that
a sink hole was developing in this area. Street Crew excavated 8’ long and 4’ deep to compact soil and place
chip/seal over roadway. Two weeks later the sink hole developed again. I investigated the problem with Evan
Wickersham. We had found that the old expansion joints built into the arch culvert have deteriorated and are
completely gone, leaving a 4’’ wide void around the entire arch culvert in two places. This allows large
rainfalls to washout the soil behind the concrete causing the sink hole to continue. As of today there is a 7’
void under the shoulder of 4th
Corso.
Options:
a. Miracle Mud Jacking submitted an estimate for repairs, see attached. This estimate would include a metal bank
of steel to form the interior portion of the culvert. After metal band is installed, grout the voids from the top of
the roadway. $18,000.00. Two way traffic could continue during repairs.
b. Barrett Construction submitted an estimate for repairs, see attached. This estimate would include excavating
the area down to the top of the culvert pipe 7’ deep, installing rebar epoxied into existing arch culvert, across
the expansion joint 12’’ on each side and pouring 12’’ concrete collar over top. Having Thrasher install their
poly leveling system in the remaining expansion from top of culvert down to water line of creek. If any
roadway needs to be removed this estimate includes replacement. $17,150.00. Two way traffic could continue
for repairs.
c. JEO had recommended to install a concrete collar around entire arch culvert. See attached. This repair would
be at least 2-3 times as much as these two options. To excavate down the required 20’ to the bottom of the
culvert would add substantial costs, there is a 12’’ water main running through the area to be excavated and
would also require to take 4th
Corso down to one lane.
Fiscal Note:
a. I would suggest that we utilize funds from the Capital Improvements that were under budget for the Kearney
Hill Improvements Project.
Recommendation:
a. Approve estimate for Barrett Construction to make repairs to the arch culvert at 4th
Corso.
b. Recommended Motion:
Background:
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a. This sink hole is an emergency to repair, as of now it is barricaded to keep traffic away but needs to be fixed
very soon. With heavy rains the problem will only grow and become dangerous for citizens traveling on west
4th
Corso.
*********************************************************************************************
Department Heads: Submit this form to Dave Partsch and Grayson Path by 5:00 pm of the day the Agenda meeting
is held.
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Barrett Construction Co.
151 S. 66 Rd
Nebraska City, NE 68410
402 873-3292 fax 402 873-3292
Bid Proposal
Date: 7/10/17
To: City of Nebraska City
Bid for: Box culvert repair at 22nd St. & 4th Corso
1 Poly inject 2-expansion joint areas on box culvert
Up to 300 pounds foam, $10.00/pound over
Dig down and expose north expansion joint, dowel
in and pour concrete cap over joint, backfill and
compact and finish as needed $15,550.00
2 Remove and replace approx. 10'X20' concrete
slab on north edge of road $1,600.00
Nebraska city to supply barricades
Bid total: $17,150.00
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