04-24-2012 City Council Regular Meeting Packet
City of Grand Island
Tuesday, April 24, 2012
Council Session Packet
City Council:
Larry Carney
Linna Dee Donaldson
Scott Dugan
John Gericke
Peg Gilbert
Chuck Haase
Vaughn Minton
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
7:00 PM
Council Chambers - City Hall
100 East First Street
Grand Island Council Session - 4/24/2012 Page 1 / 214
City of Grand Island Tuesday, April 24, 2012
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 - Invocation - Pastor Scott Friesen, Berean Bible Church, 4116
West Capital Avenue
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 - 4/24/2012 Page 2 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item C1
Proclamation “Workzone Awareness Week” April 23-27, 2012
Construction and maintenance workers risk their lives each day to perform the critical task of building
and repairing our roadways. Work zone safety and awareness is critical for both drivers and workers.
The Mayor has proclaimed the week of April 23-27, 2012 as "Workzone Awareness Week" and
encourages all citizens to exercise caution, slow down, pay attention and always follow posted work zone
speed limits.
Staff Contact: Mayor Vavricek
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City of Grand Island
Tuesday, April 24, 2012
Council Session
Item E1
Public Hearing on Request from The Chocolate Bar, Inc. dba The
Chocolate Bar, 116 West 3rd Street for an Addition of a Sidewalk
Café to Class “I-86925” Liquor License
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/24/2012 Page 5 / 214
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 24, 2012
Subject:Public Hearing on Request from The Chocolate Bar, Inc.
dba The Chocolate Bar, 116 West 3rd Street for an
Addition of a Sidewalk Café to Class “I-86925” Liquor
License
Item #’s:E-1 & I-1
Presenter(s):RaNae Edwards, City Clerk
Background
The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street has submitted an
application for a Sidewalk Cafe, an addition to their Class “I-86925” Liquor License. The
request includes an area of approximately 7’ x 19’ to be added to the south side of the
existing building. (See attached drawing.)
Discussion
Chapter 2, Section 012.08 of the Nebraska Liquor Control Commission Rules and
Regulations define “Sidewalk cafe” as “an outdoor area included in licensed premises,
which is used by a restaurant or hotel with a restaurant license, for the service of meals as
well as alcoholic liquors, and which is contained by a permanent fence, wall, railing,
rope, or chain, defining the licensed area, provided that one open entrance not to exceed
eight (8) feet shall be allowed.” 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, and Health Departments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Approve the application.
Grand Island Council Session - 4/24/2012 Page 6 / 214
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 the application.
Sample Motion
Move to approve the request for a 7’ x 19’ Sidewalk Cafe addition for The Chocolate
Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street, Liquor License “I-86925”
contingent upon final inspections.
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City of Grand Island
Tuesday, April 24, 2012
Council Session
Item E2
Public Heairng on Blight and Substandard Study Area No. 9
Staff Contact: Chad Nabity
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1
Council Agenda Memo
From: Regional Planning Commission
Meeting: April 24, 2012
Subject: Grand Island Mall Blight Study (Proposed CRA Area
No. 9)
(C-13-2012GI)
Item #’s: E-2 & I-2
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
The Gordman Grand Island LLC commissioned a Blight and Substandard Study for
Proposed Redevelopment Area No. 9 to be prepared by Marvin Planning Consultants of
David City, Nebraska. The study area includes approximately 72 acres referred to as
CRA Area No. 9. The study focused on property bounded by Capital Avenue on the
north, Webb Road on the east, State Street to the south and U.S. Highway 281 on the
west in northwest Grand Island. (See the attached map) On March 26, 2012, Council
referred the attached study to the Planning Commission for its review and
recommendation.
Discussion
The Statutory authority and direction to the Planning Commission is referenced below to
explain the Planning Commission purpose in reviewing the study:
Section 18-2109
Redevelopment plan; preparation; requirements.
An authority shall not prepare a redevelopment plan for a redevelopment project
area unless the governing body of the city in which such area is located has, by
resolution adopted after a public hearing with notice provided as specified in
section 18-2115, declared such area to be a substandard and blighted area in need
of redevelopment. The governing body of the city shall submit the question of
whether an area is substandard and blighted to the planning commission or board
of the city for its review and recommendation prior to making its declaration. The
planning commission or board shall submit its written recommendations within
thirty days after receipt of the request. Upon receipt of the recommendations or
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2
after thirty days if no recommendation is received, the governing body may make
its declaration.
~Reissue Revised Statutes of Nebraska
A flow chart of the blight declaration process is shown in Figure 2.
At this time, the Planning Commission and Council are only concerned with determining
if the property is blighted and substandard. Figure 3 is an overview of the differences
between the blight and substandard declaration and the redevelopment plan. If a
declaration as blighted and substandard is made by Council then the Community
Redevelopment Authority (CRA) can consider appropriate redevelopment plans. The
redevelopment plans must also be reviewed by the Planning Commission and approved
by Council prior to final approval.
Figure 1 Redevelopment Area 9 includes all properties within the hatched area.
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Study
Commissioned by
CRA
Study Commissioned
by Other Agency
Study Presented to
CRA
Study Presented to
Council
May Be Forwarded
to RPC
Study Sent to
RPC for Review
and
Recommendation
Council Chooses not
to Forward Study to
RPC
No Declaration Made
RPC Reviews
Study and Makes
Recommendation
within 30 Days
Council
Considers
Substandard
and Blighted
Declaration
Council Chooses not to
Make Substandard and
Blighted Declaration. No
Redevelopment Plans May
be Considered
Council Declares Area
Substandard and Blighted.
Redevelopment Plans
May be Considered by
the CRA
Process for Declaring an area of the City
Substandard and Blighted
Figure 2 Blight Declaration Process (Planning Commission Recommendation is the second purple
box).
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Substandard and
Blighted Declaration vs.
Redevelopment Plan
l Substandard and
Blighted Declaration
l A Study of the
Existing Conditions of
the Property in
Question
l Does the property
meet one or more
Statutory Conditions
of Blight?
l Does the Property
meet one or more
Statutory Conditions
of Substandard
Property?
l Is the declaration in
the best interest of
the City?
l Redevelopment
Plan
l What kinds of
activities and
improvements are
necessary to alleviate
the conditions that
make the property
blighted and
substandard?
l How should those
activities and
improvements be
paid for?
l Will those activities
and improvements
further the
implementation of the
general plan for the
City?
Figure 3 Blight and Substandard Declaration compared to a Redevelopment Plan
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OVERVIEW Continued
It is appropriate for the planning commission in conducting its review and considering its
recommendation regarding the substandard and blighted designation to:
1. review the study,
2. take testimony from interested parties,
3. make findings of fact, and
4. include those findings of fact as part of its recommendation to Council.
Blighted and Substandard Defined
The terms blighted and substandard have very specific meanings within the context of the
Community Redevelopment Statutes. Those terms as defined by Statute are included
below:
Section 18-2103
Terms, defined.
For purposes of the Community Development Law, unless the context otherwise
requires:
(10) Substandard areas shall mean an area in which there is a predominance of
buildings or improvements, whether nonresidential or residential in character, which,
by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for
ventilation, light, air, sanitation, or open spaces, high density of population and
overcrowding, or the existence of conditions which endanger life or property by fire
and other causes, or any combination of such factors, is conducive to ill health,
transmission of disease, infant mortality, juvenile delinquency, and crime, (which
cannot be remedied through construction of prisons), and is detrimental to the public
health, safety, morals, or welfare;
(11) Blighted area shall mean an area, which (a) by reason of the presence of a
substantial number of deteriorated or deteriorating structures, existence of defective
or inadequate street layout, faulty lot layout in relation to size, adequacy,
accessibility, or usefulness, insanitary or unsafe conditions, deterioration of site or
other improvements, diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land, defective or unusual conditions of title, improper
subdivision or obsolete platting, or the existence of conditions which endanger life or
property by fire and other causes, or any combination of such factors, substantially
impairs or arrests the sound growth of the community, retards the provision of
housing accommodations, or constitutes an economic or social liability and is
detrimental to the public health, safety, morals, or welfare in its present condition and
use and (b) in which there is at least one of the following conditions: (i)
Unemployment in the designated area is at least one hundred twenty percent of the
state or national average; (ii) the average age of the residential or commercial units in
the area is at least forty years; (iii) more than half of the plotted and subdivided
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6
property in an area is unimproved land that has been within the city for forty years
and has remained unimproved during that time; (iv) the per capita income of the area
is lower than the average per capita income of the city or village in which the area is
designated; or (v) the area has had either stable or decreasing population based on the
last two decennial censuses. In no event shall a city of the metropolitan, primary, or
first class designate more than thirty-five percent of the city as blighted, a city of the
second class shall not designate an area larger than fifty percent of the city as
blighted, and a village shall not designate an area larger than one hundred percent of
the village as blighted;
~Reissue Revised Statutes of Nebraska
ANALYSIS
The following summaries are copied directly from the Study. The analysis of the
substandard and blighted factors is conducted on pages 14 and 15 of the study. The
summaries provide a basis for approving the blighted and substandard designation.
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BBlliigghhttiinngg SSuummmmaarryy
These conditions are contributing to the blighted conditions of the study area.
· Age of Structure
o 5 of 16 units (31.2%) are 40 years of age or older.
o 282,593 square feet of the total 531,224 square feet (53.2%) of retail space is 40
years of age or older
· Existence of defective or inadequate street layout
o The only street layouts in the Study Area are striped parking areas with the main
vehicular circulation falling into the remaining areas.
o All streets/circulation areas are private property
· Faulty lot layout in relation to size adequacy, accessibility or usefulness
o The Study Area is divided into 17 different owners and the boundaries are
gerrymandered in no logical manner.
· Dangerous conditions to life or property due to fire or other causes
o The primary signage (pole sign) on the Webb Road side of the area has two large
steel poles that have no separation from the vehicular movements of the site.
o The parking lots are in a major state of disrepair and in some cases could easily
cause damage to a vehicle if they were driven over.
o The drainage system in the Study Area has the potential for standing water to be
present.
· Combination of factors which are impairing and/or arresting sound growth
o The Study Area is approximately 80 acres and has 17 different property owners;
therefore the diversity of ownership has the potential to impair sound growth
o The overall lack of investment in the area over the past 10 years. Of the 16
properties, 11 (64.7%) have seen a declining assessed valuation.
· Diversity of Ownership
o There are 17 different property owners within the Study Area. Some owners have
invested in their properties while others have done minimal maintenance at best.
· Improper Subdivision or obsolete platting
o The Study Area is divided into 17 different owners and the boundaries are
gerrymandered in no logical manner.
· Stable or decreasing population over last two decennial censuses
o The population of the Study Area has remained stable over the past 22 years.
The other criteria for Blight were not present in the area, these included:
· Economic or social liability detrimental to health, safety and welfare,
· Conditions provision of housing accommodations,
· One-half of unimproved property is over 40 years old,
· Inadequate provisions for ventilation, light, air, open spaces or sanitation, and
These issues were either not present or were limited enough as to have little impact on the
overall condition of the study area.
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8
SSuubbssttaannddaarrdd CCoonnddiittiioonnss
Average age of the residential or commercial units in the area is at least forty years
Age of structures can be a contributing factor to the blighted and substandard conditions
in an area. Statutes allow for a predominance of units that are 40 years of age or older to
be a contributing factor regardless of their condition. Note that the age of structure was
determined from the Appraisal data within the Hall County Assessor’s website data.
Within the study area there is a total of 16 units. After researching the structural age on
the Hall County Assessor’s and Treasurer’s websites, the following breakdown was
determined:
· 11 (68.8%) units were determined to be less than 40 years of age
· 5 (31.2%) units were determined to be 40 years of age or older
Even though there is not a predominance of units 40 years of age or older the ones that
meet the criteria are grouped together on the north end of the overall study area. Two of
these units are the predominate commercial units on the site and contain a large portion
of the overall square footage of the buildings in the area. A typical unit in which
commercial uses are rated is square feet; therefore the following is a breakdown of the
square footage of buildings in the study area:
· 531,224 total square feet
· 282,593 s.f. of the total or 53.2% are at least 40 years of age.
In the case of the Grand Island Mall, a walk through in the public areas indicated that the
interiors were completely out of date and in dire need of updating.
Due to the age of the structures (specifically the total square feet), the age of the units
would be a direct contributing factor.
SSuubbssttaannddaarrdd SSuummmmaarryy
Nebraska State Statute requires that at least one of five substandard factors be present in a
community. This Study Area in Grand Island has one of the five. The other criteria for
Substandard were not present or the data was not readily accessible in the area, these
included:
· Unemployment in the designated area is at least one hundred twenty percent of the
state or national average;
· More than half of the plotted and subdivided property in an area is unimproved land
that has been within the city for forty years and has remained unimproved during that
time;
· The per capita income of the area is lower than the average per capita income of the
city or in which the area is designated
· The area has had either stable or decreasing population based on the last two
decennial censuses.
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9
FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##99
Blight Study Area No. 9 has several items contributing to the Blight and Substandard
Conditions. These conditions include:
Blighted Conditions
· Diversity of Ownership
· Defective or inadequate street layout
· Faulty lot layout
· Improper subdivision or obsolete platting
· Unsanitary / Unsafe conditions,
· Deterioration of site or other improvements,
· Dangerous conditions to life or property due to fire or other causes,
· Combination of factors which are impairing and/or arresting sound growth,
· Average age of units is over 40 years of age.
· Stable or decreasing population based on the last two decennial censuses
Substandard Conditions
· Average age of the residential or commercial units in the area is at least forty years
RECOMMENDATION:
Planning Commission staff is recommending consideration of the following questions as
a starting point in the analysis of this Study and in making a recommendation on the
question of whether the property in question is blighted and substandard.
Recommend Questions for Planning Commission
· Does this property meet the statutory requirements to be considered blighted and
substandard? (See Page 5 for requirements)
· Are the blighted and substandard factors distributed throughout the
Redevelopment Area, so basically good areas are not arbitrarily found to be
substandard and blighted simply because of proximity to areas which are
substandard and blighted?
· Is public intervention appropriate and/or necessary for the redevelopment of the
area?
Findings of fact must be based on the study and testimony presented including all
written material and staff reports. The recommendation must be based on the
declaration, not based on any proposed uses of the site. All of the testimony, a copy
of the study and this memo along with any other information presented at the hearing
should be entered into the record of the hearing.
The Regional Planning Commission concluded that the area in question meets the
definition of blighted and substandard and supports such conclusion with findings of
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10
fact. They recommend approval of the declaration as blighted and substandard based
on the facts presented, identified and discussed at their meeting.
The Planning Commission held a Public Hearing on this proposal at their meeting on
April 4, 2012. Ron DePue and Keith Marvin representing Gordman Grand Island LLC
spoke in favor of the designation and answered Planning Commission questions about the
study. Kelly Rafferty, representing the Equity Investment Group owners of a building at
the south end of the study area, spoke in favor of the declaration. No members of the
public spoke in opposition to this item.
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
A motion was made by Bredthauer and seconded by Hayes to recommend approval of the
Substandard and Blighted Area Designation for Redevelopment Area No. 9 in Grand
Island, Nebraska Study as presented based on the study prepared for Gordman Grand
Island LLC by Marvin Planning Consultants.
A roll call vote was taken and the motion passed with 8 members present (McCarty,
O’Neill, Ruge, Hayes, Reynolds, Haskins, Eriksen, Bredthauer) voting in favor.
Sample Motion
Move to approve the Substandard and Blight Designation for Redevelopment Area No. 9
in Grand Island, Hall County, Nebraska finding the information in the study to be factual
supporting such designation.
Grand Island Council Session - 4/24/2012 Page 19 / 214
City of Grand Island,NE
Blight and Substandard Study
Area #9
March 2012
Grand Island Council Session - 4/24/2012 Page 20 / 214
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Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 1
PPUURRPPOOSSEE OOFF TTHHEE BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD SSTTUUDDYY
The purpose of completing this Blight and Substandard study is to examine existing conditions within the city
of Grand Island. This study has been commissioned by an individual property owner within the community
with the hope that the City will consider the study area for future redevelopment activity. The area is bordered
on all four sides by major transportation routes and the general area of the community has seen considerable
new development on the western perimeter of the area but limited redevelopment activities.
The City of Grand Island, when considering conditions of Blight and Substandard, will be looking at those
issues and definitions provided for in the Nebraska Community Redevelopment Law as found in Chapter 18,
Section 2104 of the Revised Nebraska State Statutes, as follows:
“The governing body of a city, to the greatest extent it deems to be feasible in carrying out the
provisions of Sections 18-2101 to 18-2144, shall afford maximum opportunity, consistent with
sound needs of the city as a whole, to the rehabilitation or redevelopment of the community
redevelopment area by private enterprises. The governing body of a city shall give consideration
to this objective in exercising its powers under sections 18-2101 to 18-2144, including the
formulation of a workable program, the approval of community redevelopment plans consistent
with the general plan for the development of the city, the exercise of its zoning powers, the
enforcement of other laws, codes, and regulations relating to the use and occupancy of buildings
and improvements, the disposition of any property acquired, and providing of necessary public
improvements”.
The Nebraska Revised Statutes §18-2105 continues by granting authority to the governing body for
formulation of a workable program. The statute reads,
“The governing body of a city or an authority at its direction for the purposes of the Community
Development Law may formulate for the entire municipality a workable program for utilizing
appropriate private and public resources to eliminate or prevent the development or spread of
urban blight, to encourage needed urban rehabilitation, to provide for the redevelopment of
substandard and blighted areas, or to undertake such of the aforesaid activities or other feasible
municipal activities as may be suitably employed to achieve the objectives of such workable
program. Such workable program may include, without limitation, provision for the prevention of
the spread of blight into areas of the municipality which are free from blight through diligent
enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or
conservation of substandard and blighted areas or portions thereof by replanning, removing
congestion, providing parks, playgrounds, and other public improvements by encouraging
voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or
deteriorating structures; and the clearance and redevelopment of substandard and blighted
areas or portions thereof.”
Blight and Substandard are defined as the following:
“Substandard areas means an area in which there is a predominance of buildings or
improvements, whether nonresidential or residential in character, which, by reason of
dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air,
sanitation, or open spaces, high density of population and overcrowding, or the existence of
conditions which endanger life or property by fire and other causes, or any combination of such
factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency,
and crime, (which cannot be remedied through construction of prisons), and is detrimental to the
public health, safety, morals, or welfare;”
“Blighted area means an area, which (a) by reason of the presence of a substantial number of
deteriorated or deteriorating structures, existence of defective or inadequate street layout, faulty
lot layout in relation to size, adequacy, accessibility, or usefulness, insanitary or unsafe
conditions, deterioration of site or other improvements, diversity of ownership, tax or special
assessment delinquency exceeding the fair value of the land, defective or unusual conditions of
Grand Island Council Session - 4/24/2012 Page 22 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 2
title, improper subdivision or obsolete platting, or the existence of conditions which endanger life
or property by fire and other causes, or any combination of such factors, substantially impairs or
arrests the sound growth of the community, retards the provision of housing accommodations,
or constitutes an economic or social liability and is detrimental to the public health, safety,
morals, or welfare in its present condition and use and (b) in which there is at least one of the
following conditions: (i) Unemployment in the designated area is at least one hundred twenty
percent of the state or national average; (ii) the average age of the residential or commercial
units in the area is at least forty years; (iii) more than half of the plotted and subdivided property
in an area is unimproved land that has been within the city for forty years and has remained
unimproved during that time; (iv) the per capita income of the area is lower than the average per
capita income of the city or in which the area is designated; or (v) the area has had either stable
or decreasing population based on the last two decennial censuses. In no event shall a city of the
metropolitan, primary, or first class designate more than thirty-five percent of the city as
blighted, a city of the second class shall not designate an area larger than fifty percent of the
city as blighted, and a shall not designate an area larger than one hundred percent of the as
blighted;”
This Blight and Substandard Study is intended to give the Grand Island Community Redevelopment Authority
and Grand Island City Council the basis for identifying and declaring Blighted and Substandard conditions
existing within the City’s jurisdiction. Through this process, the City and property owner will be attempting to
address economic and/or social liabilities which are harmful to the well-being of the entire community.
The study area can be seen in Figure 1 of this report. The Redevelopment Plan portion of this report will
contain, in accordance with the law, definite local objectives regarding appropriate land uses, improved
traffic, public transportation, public utilities and other public improvements, and the proposed land uses
and building requirements in the redevelopment area and shall include:
The boundaries defining the blighted and substandard areas in question (including existing uses and
conditions of the property within the area), and
A list of the conditions present which qualify the area as blighted and substandard.
BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This study targets a specific area within an established part of the community for evaluation. The area is
indicated in Figure 1 of this report. The existing uses in this area include commercial and public open space
(primarily detention cells).
Through the redevelopment process the City of Grand Island can guide future development and
redevelopment throughout the area. The use of the Community Redevelopment Act by the City of Grand
Island is intended to redevelop and improve the area. Using the Community Redevelopment Act, the City of
Grand Island can assist in the elimination of negative conditions and implement different programs/projects
identified for the City.
The following is the description of the designated area within Grand Island.
Study Area
POINT OF BEGINNING IS THE INTERSECTION OF THE CENTERLINES OF W. CAPITAL AVENUE AND N. WEBB
ROAD; THENCE SOUTHERLY ALONG SAID CENTERLINE OF N. WEBB ROAD TO THE INTERSECTION OF THE
CENTERLINES OF N. WEBB ROAD AND STATE STREET; THENCE WESTERLY ALONG SAID CENTERLINE OF
STATE STREET TO THE INTERSECTION OF THE CENTERLINES OF STATE STREET AND US HIGHWAY 281;
THENCE, NORTHERLY ALONG SAID CENTERLINE OF US HIGHWAY 281 TO THE INTERSECTION OF THE
CENTERLINES OF US HIGHWAY 281 AND W. CAPITAL AVENUE; THENCE, EASTERLY ALONG THE CENTERLINE
OF W. CAPITAL AVENUE TO THE POINT OF BEGINNING.
Grand Island Council Session - 4/24/2012 Page 23 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 3
Figure 1
Study Area Map
Source: Gordman Grand Island LLC, 2012
Grand Island Council Session - 4/24/2012 Page 24 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 4
EEXXIISSTTIINNGG LLAANNDD UUSSEESS
The term “Land Use” refers to the developed uses in place within a building or on a specific parcel of land. The
number and type of uses are constantly changing within a community, and produce a number of impacts that
either benefit or detract from the community. Because of this, the short and long-term success and
sustainability of the community is directly contingent upon available resources utilized in the best manner
given the constraints the City faces during the course of the planning period. Existing patterns of land use are
often fixed in older communities and neighborhoods, while development in newer areas is often reflective of
current development practices.
Existing Land Use Analysis within Study Area
As part of the planning process, a survey was conducted through both in-field observations, as well as data
collection online using the Hall County Assessors website. This survey noted the use of each parcel of land
within the study area. These data from the survey are analyzed in the following paragraphs.
Table 1 includes the existing land uses for the entire study area. The table contains the total acres
determined per land use from the survey; next is the percentage of those areas compared to the total
developed land; and finally, the third set of data compare the all land uses to the total area within the Study
Area.
The Study Area is predominately Commercial uses with 93.0% of land in this use. The remaining 7% is
Public/Quasi-public and is typically used for stormwater detention. One key note on existing land uses, within
the interior of the Grand Island Mall portion there is currently a church using the space but has been included
in the commercial uses.
TABLE 1: EXISTING LAND USE, GRAND ISLAND - 2011
Type of Use Acres Percent of
Developed
land within
the Study
Area
Percent of Study
Area
Residential 0 0.0%0.0%
Single-family 0 0.0%0.0%
Multi-family 0 0.0%0.0%
Manufactured Housing 0 0.0%0.0%
Commercial 66.84 93.0%93.0%
Industrial 0 0.0%0.0%
Quasi-Public/Public 5.02 7.0%7.0%
Parks/Recreation 0 0.0%0.0%
Transportation 0 0.0%0.0%
Total DevelopedLand 71.86 100.0%
Vacant/Agriculture 0 0.0%
Total Area 71.86 100.0%
Source: 2012 Grand Island Blight Study Area 9, Marvin Planning Consultants and Olsson Associates
Grand Island Council Session - 4/24/2012 Page 25 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 5
Figure 2
Existing Land Use Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 4/24/2012 Page 26 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 6
FFIINNDDIINNGGSS OOFF BBLLIIGGHHTT AANNDD SSUUBBSSTTAANNDDAARRDD CCOONNDDIITTIIOONNSS EELLIIGGIIBBIILLIITTYY SSTTUUDDYY
This section of the Eligibility Report examines the conditions found in the study area. The Findings Section will
review the conditions based upon the Statutory definitions.
CONTRIBUTING FACTORS
There are a number of conditions that were examined and evaluated in the field and online. There are a
number of conditions that will be reviewed in detail, on the following pages, while some of the Statutory
conditions are present, other are not.
Age of Structure
Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes
allow for a predominance of structures that are 40 years of age or older to be a contributing factor regardless
of their condition. The following paragraphs document the structural age of the structures within the Study
Area. Note that the age of structure was determined from the Appraisal data within the Hall County
Assessor’s website data.
Within the study area there is a total of 16 units. After researching the structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
11 (68.8%) units were determined to be less than 40 years of age
5 (31.2%) units were determined to be 40 years of age or older
Even though there is not a predominance of units 40 years of age or older the ones that meet the criteria are
grouped together on the north end of the overall study area. Two of these units are predominate commercial
units on the site and contain a large portion of the overall square footage of the buildings in the area. A typical
unit in which commercial uses are rated is square feet; therefore the following is a breakdown of the square
footage of the units in the study area:
531,224 total square feet
282,593 s.f. of the total or 53.2% are at least 40 years of age.
In the case of the Grand Island Mall, a walk through in the public areas indicated that the interiors were
completely out of date and in dire need of updating.
Due to the age of the structures and specifically the total square footage, the age of the units would be a
direct contributing factor.
Grand Island Council Session - 4/24/2012 Page 27 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 7
Figure 3
Unit Age Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 4/24/2012 Page 28 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 8
Photo 1
Photo 3
Deterioration of Site or Other Improvements
The site improvements include the areas determined to be means of public ingress and egress to the study
area as well as the area designed to move vehicular traffic through the site. In addition, this includes the
actual surface parking areas. The condition of the site improvements vary greatly.
The Study Area contains a major deteriorated condition; the parking areas throughout the area, as well as the
demarcated driving areas.
The parking areas throughout the entire Study Area are
in a serious state of disrepair. In a number of situations,
the deterioration may present a potential hazard to
vehicles. The parking surface and driving areas contain
major surface break-ups and spawling. These conditions
have been likely caused by several circumstances over
the years, including:
Lack of maintenance
Sub-soil conditions
Heavier than expected traffic
Flooding in recent years
Freeze/thaw cycles
A number of these items can be prevented through
proper design, enforcement and maintenance, with
maintenance being a key.
Photos 1 through 7 indicate examples of different
deteriorated conditions within the parking and driving
areas across the entire site.
In addition to broken pavement in the Study Area, there
are some areas where the actual driving areas have
reverted to dirt and mud as seen in Photo 7.
Due to the large amount of broken pavement in the
Study Area, the parking areas are considered to be
deteriorated or in a state of deteriorating; therefore,
they are a direct contributing factor to the conditions of
blight.Photo 2
Grand Island Council Session - 4/24/2012 Page 29 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 9
Photo 4 Photo 5
Photo 6 Photo 7
Photo 8
Drainage Conditions
Grand Island has a long history of drainage issues due to the extreme flatness of the area, as well as the high
water table. Topography and soils can have a major impact on how a given portion of the city drains. The area
designated in this Study Area is nearly flat or has an extremely small slope.
The visual survey of the site examined the entire area
for potential drainage problems. The fact the City of
Grand Island has one major and a couple of smaller
detention cells in the Study Area are a major indicator
as to the potential for flooding/drainage problems. The
largest detention cell in the Study Area is also located
on a prime intersection and on what could be a location
for a tenant in the area.
In addition, the entire Study Area is within the 100-year
floodplain; however, specific buildings/structures have
been amended out of the floodplain.
The photographs of the Study Area indicate standing
water within key drainage ways on the site, see Photo 8.
The drainage issue has also contributed to other problems in the area such as dictating traffic patterns in
order to not interfere with the drainage on site (see Photo 9).
Grand Island Council Session - 4/24/2012 Page 30 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 10
Photo 9
Drainage way
Rerouted
circulation
pattern
Photo 10
In addition to Photos 8 and 9, Photo 10 is a picture that was taken on May 11, 2005 after the city of Grand
Island had been inundated by a spring storm that dropped nearly 8 inches of rain on the community. Photo 10
is from the southwest corner of the study area looking easterly.
Finally, standing water from poor drainage can be a
catalyst for Health issues like West Nile due to the
potential mosquito breeding that can occur.
Defective or Inadequate Street Layout
The circulation layout within the Study Area is a
haphazard means of ingress and egress based upon
specific ownership patterns and presumably a
series of easements across several properties.
The layout of the circulation pattern is simply done
primarily through painted demarcation on the
parking lots. There are minimal separation
components such as islands or wheel stops in the
Study Area, especially on the larger parking lots
adjoining ShopKo, the Grand Island Mall property,
and the Gordman property.
The traffic layout in some cases is greatly
dependent upon where the drainage system is
located in the area. In addition, due to the lack of
overall planning in the Study Area, circulation
between the different buildings and structures is
difficult.
Due to the fact that the overall circulation pattern
has been designed in an manner that allows
vehicular traffic to freely move and cut across
parking spaces as opposed to following a
prescribed route, then there is the presence of a
defective or inadequate street layout within the
Study Area and this is a contributing factor to the
area being blighted.
Unsanitary/Unsafe conditions
The first contributing factor is the standing water
and drainage issues that are found throughout the entire Study Area. This water has the potential to be the
breeding grounds for insects, especially mosquitoes and their potential to carry the West Nile Virus.
Based upon the field analysis, there are sufficient elements present for there to be unsanitary and unsafe
conditions in the Study Area. These conditions are predominately due to the drainage system and the
possibility of standing water within the area.
Faulty Lot Layout/Improper Subdivision or Obsolete Platting
The layout of properties and lots are a critical factor to successfully seeing property developed and users of
the property being able to function in a manner that minimizes the impact on the end users. Based upon the
boundaries for ownership in the Study Area, there are no specifically dedicated circulation areas other than a
few “fingers” that shoot out to State Street, Capital Avenue, and Webb Road.
Grand Island Council Session - 4/24/2012 Page 31 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 11
In addition, the overall configuration of the lots, based upon the Assessor’s boundaries is confusing and
follows little rationale, even the Outlot where Taco John’s and Burger King are located appear to be after
thoughts.
Grand Island Council Session - 4/24/2012 Page 32 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 12
Figure 4
Parcel Layout Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 4/24/2012 Page 33 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 13
Photo 11
Diversity of Ownership
The diversity of ownership is not a common contributing factor that impacts an areas status as blighted and
substandard. In the case of Blight Area 9, the diversity of ownership is probably one of the more critical
elements present. Within the Study Area there are 17 different property owners. When redeveloping an area
similar to Blight Area 9, this level of diversity is a hindrance to redevelopment; therefore it becomes
necessary for the City and the CRA to become a party to the redevelopment activities. The City and CRA can
without major commitments aid in orchestrating the redevelopment effort. In addition, the availability of Tax
Increment Financing and other funding mechanisms can entice the property owners to undertake the
necessary activities.
Figure 5 shows the diverse ownership by parcel.
Based upon the diversity of ownership and the relatively confined area within Blight Area 9, there are
sufficient elements present to meet the statutory requirements.
Stable or Decreasing Population
Over the past 20 years the population within the study area has been stable. The population within the Study
Area has been 0 residents for the past two decennial censuses. Therefore, it meets the criteria for a stable or
decreasing population.
Other Contributing Factors
One of the final contributing factor towards the Study Area being declared as Blighted is the change in
assessed valuation in the area between 2011 and 2002. Overall, 11 of the 17 properties showed a decrease
in assessed valuation. These declining valuations are an indicator of:
A lack of overall investment in the structure/property
A general declining condition of the structure/property
An overall lack of investment in the entire area
The properties that are declining in assessed valuation
are having a negative impact on both the adjacent
property owners that may be investing in their properties
and the overall city assessment which translates into
how well the City can provide services to the general
public.
One final contributing factor is the existing location of the
Grand Island Mall pole sign on the Webb Road side of the
Study Area. Currently the sign poses a safety risk due to
its location. The pole sign is located in the middle of the
parking lot and is paved right up to the poles. In addition,
there are no barriers in place to minimize the potential
for vehicles to hit the sign. If a driver is not paying
attention and/or is unfamiliar with the parking lot
configuration the potential is good for a collision. Photo
shows the location of one of two poles supporting the sign.
Grand Island Council Session - 4/24/2012 Page 34 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 14
BBlliigghhttiinngg SSuummmmaarryy
These conditions are contributing to the blighted conditions of the study area.
Age of Structure
o 5 of 16 units (31.2%) are 40 years of age or older.
o 282,593 square feet of the total 531,224 square feet (53.2%) of retail space is 40 years of age or
older
Existence of defective or inadequate street layout
o The only street layouts in the Study Area are striped parking areas with the main vehicular circulation
falling into the remaining areas.
o All streets/circulation areas are private property
Faulty lot layout in relation to size adequacy, accessibility or usefulness
o The Study Area is divided into 17 different owners and the boundaries are gerrymandered in no
logical manner.
Dangerous conditions to life or property due to fire or other causes
o The primary signage (pole sign) on the Webb Road side of the area has two large steel poles that
have no separation from the vehicular movements of the site.
o The parking lots are in a major state of disrepair and in some cases could easily cause damage to a
vehicle if they were driven over.
o The drainage system in the Study Area has the potential for standing water to be present.
Combination of factors which are impairing and/or arresting sound growth
o The Study Area is approximately 80 acres and has 17 different property owners; therefore the
diversity of ownership has the potential to impair sound growth
o The overall lack of investment in the area over the past 10 years. Of the 16 properties, 11 (64.7%)
have seen a declining assessed valuation.
Diversity of Ownership
o There are 17 different property owners within the Study Area. Some owners have invested in their
properties while others have done minimal maintenance at best.
Improper Subdivision or obsolete platting
o The Study Area is divided into 17 different owners and the boundaries are gerrymandered in no
logical manner.
Stable or decreasing population over last two decennial censuses
o The population of the Study Area has remained stable over the past 22 years.
The other criteria for Blight were not present in the area, these included:
Economic or social liability detrimental to health, safety and welfare,
Conditions provision of housing accommodations,
One-half of unimproved property is over 40 years old,
Inadequate provisions for ventilation, light, air, open spaces or sanitation, and
These issues were either not present or were limited enough as to have little impact on the overall condition
of the study area.
SSuubbssttaannddaarrdd CCoonnddiittiioonnss
Average age of the residential or commercial units in the area is at least forty years
Age of structures can be a contributing factor to the blighted and substandard conditions in an area. Statutes
allow for a predominance of units that are 40 years of age or older to be a contributing factor regardless of
their condition. Note that the age of structure was determined from the Appraisal data within the Hall County
Assessor’s website data.
Within the study area there is a total of 16 units. After researching the structural age on the Hall County
Assessor’s and Treasurer’s websites, the following breakdown was determined:
11 (68.8%) units were determined to be less than 40 years of age
5 (31.2%) units were determined to be 40 years of age or older
Grand Island Council Session - 4/24/2012 Page 35 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 15
Even though there is not a predominance of units 40 years of age or older the ones that meet the criteria are
grouped together on the north end of the overall study area. Two of these units are the predominate
commercial units on the site and contain a large portion of the overall square footage of the buildings in the
area. A typical unit in which commercial uses are rated is square feet; therefore the following is a breakdown
of the square footage of buildings in the study area:
531,224 total square feet
282,593 s.f. of the total or 53.2% are at least 40 years of age.
In the case of the Grand Island Mall, a walk through in the public areas indicated that the interiors were
completely out of date and in dire need of updating.
Due to the age of the structures (specifically the total square feet), the age of the units would be a direct
contributing factor.
SSuubbssttaannddaarrdd SSuummmmaarryy
Nebraska State Statute requires that at least one of five substandard factors be present in a community. This
Study Area in Grand Island has one of the five. The other criteria for Substandard were not present or the data
was not readily accessible in the area, these included:
Unemployment in the designated area is at least one hundred twenty percent of the state or national
average;
more than half of the plotted and subdivided property in an area is unimproved land that has been within
the city for forty years and has remained unimproved during that time;
the per capita income of the area is lower than the average per capita income of the city or in which the
area is designated
the area has had either stable or decreasing population based on the last two decennial censuses.
FFIINNDDIINNGGSS FFOORR GGRRAANNDD IISSLLAANNDD BBLLIIGGHHTT SSTTUUDDYY AARREEAA ##99
Blight Study Area #9 has several items contributing to the Blight and Substandard Conditions. These
conditions include:
Blighted Conditions
Diversity of Ownership
Defective or inadequate street layout
Faulty lot layout
Improper subdivision or obsolete platting
Unsanitary / Unsafe conditions,
Deterioration of site or other improvements,
Dangerous conditions to life or property due to fire or other causes,
Combination of factors which are impairing and/or arresting sound growth,
Average age of units is over 40 years of age.
Stable or decreasing population based on the last two decennial censuses
Substandard Conditions
Average age of the residential or commercial units in the area is at least forty years
Grand Island Council Session - 4/24/2012 Page 36 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 16
Figure 5
Diversity of Ownership Map
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 4/24/2012 Page 37 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 17
Figure 6
Assessed Valuation Changes Map – 2002 to 2011
Source: Marvin Planning Consultants and Olsson Associates, 2012
Grand Island Council Session - 4/24/2012 Page 38 / 214
Blight and Substandard Study
City of Grand Island, Nebraska • March 2012 Page 18
CCOONNCCLLUUSSIIOONN
Based upon the issues and conditions indicated from the survey of this area, there is sufficient criteria
present to declare Area #9 of Grand Island as Blighted and Substandard as provided for in the Nebraska
Revised Statutes. The conditions found throughout the entire area constitute a designation of blighted and
substandard. The eventual use of Tax Increment Financing or other incentive programs would be of great
benefit to the entire area.
Grand Island Council Session - 4/24/2012 Page 39 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item F1
#9378 - Consideration of Amending Chapter 18 of the Grand
Island City Code to Adopt the 2009 Uniform Mechanical Code
Staff Contact: Craig Lewis
Grand Island Council Session - 4/24/2012 Page 40 / 214
Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:April 24, 2012
Subject:Amending Chapter 18 of the Grand Island City Code to
Adopt the 2009 Uniform Mechanical Code and Revise
Regulations Mechanical Fitters
Item #’s:F-1
Presenter(s):Craig Lewis – Building Department Director
Background
The Grand Island City Code has for decades regulated the installation of gas piping and
venting of appliances, this was done with the adoption and enforcement of provisions of a
model code. The City currently enforces the provision of the 2006 Uniform Mechanical
Code to safeguard life, limb, health, property, and public welfare by regulating heating,
cooling, and ventilating systems.
Discussion
This proposed ordinance would adopt the 2009 Uniform Mechanical Code updating from
the 2006 currently in use by the City.
The adoption of the 2009 Uniform Mechanical code is intended to provide minimum
standards to safeguard life or limb, health, property, and public welfare by regulating and
controlling the design, construction, installation, quality of materials, location, operation
and maintenance or use of heating, ventilating, cooling systems and other miscellaneous
heat-producing appliances within this jurisdiction.
The proposed revisions have been reviewed by the Grand Island Mechanical Board and
their recommendation is for Council approval.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 4/24/2012 Page 41 / 214
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
Recommendation
City Administration recommends that the Council approve the ordinance to revise
Chapter 18 and adopt the 2009 Uniform Mechanical Code.
Sample Motion
Move to approve Ordinance #9378 to amend Chapter 18 of the Grand Island City Code.
Grand Island Council Session - 4/24/2012 Page 42 / 214
ORDINANCE NO. 9378
An ordinance to revise Chapter 18 of the Grand Island City Code to adopt the
2009 Uniform Mechanical Code and revise regulations for gas fitters to mechanical fitters; and to
repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication
and the effective date of this ordinance, said effective date is May 15, 2012.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND
ISLAND, NEBRASKA:
SECTION 1. That Chapter 18, Sections 5, 8, 11, 17, 25, 46, 55, and 56 of the
Grand Island City Code shall be modified to read as follows:
§18-5. Uniform Mechanical Code Adopted
The Uniform Mechanical Code, 20096 Edition, published by the International Association of Plumbing and
Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments
thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by
ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Mechanical Code,
20096 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as provided by
law.
The following appendices shall be adopted along with the Uniform Mechanical Code adopted by this section:
1. Appendix A- Uniform Mechanical Code Standard 6-2 Standard for Metal Ducts.
§18-8. UMC - Amendment of Section 101.01
Section 101.1 of the Uniform Mechanical Code is hereby amended to read as follows:
101.1. Title.
This document shall be known as the "Uniform Mechanical Code" together with Appendices and any amendments
thereto, and shall be cited as such, and will be referred to when used herein or in Chapter18 of the Grand Island City
Code as "this Code".
§18-11. Reserved UMC - Amendment of Subsection 1316.4
Subsection 1316.4 of the Uniform Mechanical Code is hereby amended to read as follows: The size of the house
supply piping, beginning at the gas meter and continuing to the first supply piping outlet shall not be less than one
(1) inch.
§18-17. Examining Board; Membership
There is hereby created an examining board for mechanical fitters which shall consist of seven members
appointed annually by the Mayor and approved by a majority of the city council. The seven members shall consist of
the following:
(1) The Chief Building Official, or his/her designee
(2) One member from the local gas company
(3) One contracting master mechanical fitter
(4) One member from the community
(5) Three members which shall be either master mechanical fitters or journeyman mechanical fitters.
Four members shall constitute a quorum. Duties of the board shall be to establish standards and procedures
for the qualifications, examination, and licensing of master and journeymen mechanical fitters and shall issue the
Grand Island Council Session - 4/24/2012 Page 43 / 214
ORDINANCE NO. 9378 (cont)
2
appropriate license to each person who meets the qualifications thereof and successfully passes the examination
given by the Examining Board.
The duly appointed Examining Board shall act as a Board of Appeals for any appeal arising from actions of
the Chief Building Official or his authorized representative as it relates to issues in this chapter of the city code.
Amended by Ordinance No. 9034, effective 03-22-2006
Amended by Ordinance No 9117, effective 05-29-2007
§18-25. General Rules
(1) All mechanical apprentices actively engaged under a master mechanical fitter will be required to
register with the City Building Department. Experience accrued towards taking the journeyman mechanical test will
only be accepted as a registered apprentice. Time accrued previous to registration will be noted.
(2) Time required for an apprentice to be actively engaged in the trade under the supervision of a master,
journeyman, or qualified shop will be a minimum of twothree years. Proof of qualifications will be submitted to the
Board in writing for consideration and approval for the journeyman examination. Any academical time to be
considered by the Board in place of actual apprenticeship time in the trade must be from a State accredited college
or Technical school.
(3) Applicants must hold a journeyman license for a minimum of twofour years before taking the Master
exam, and be actively engaged in the trade for the full two years.
(4) The minimum age limit for a Journeyman examination will be Twenty (20) years of age unless
approved by the Board.
(5) The allotted time for the Master and Journeyman examination will be four hours (twofour hours open
book and two hours closed book).
(6) Request for Master and Journeyman examination will be filed in the City of Grand Island Building
Department Office prior to the examination date for the consideration of the Board. Examination fee will be paid
with the application. No exam fee will be refunded after taking the examination.
(7) All applicants will submit, along with their request for examination, letters of proof of the required
apprenticeship time actively engaged in the trade.
(8) In the event that an applicant fails to pass the examination given, he may make application for a
subsequent exam after eighty-five (85) days have passed.
(9) At the discretion of the Board, experience gained at an industrial plant or outside the tri-city jurisdiction
may be considered as apprenticeship time to qualify for a Journeyman examination. Information considered by the
Board shall include written proof of previous experience record and oral examination.
(10) All examination papers are the property of the examining Board. Applicants will not be permitted to
remain during grading or to review examination papers after they have been submitted for grading. Test results will
be sent by mail.
(11) Applicant must obtain a passing score on each part of the exam (written as well as drawing).
(12) An applicant with a passing score will have a 30 day grace period to pick up a new license dated from
the test date.
(13) An applicant must supply his own copy of this Code; the Grand Island Building Department will not
supply copies to anyone during the test. Photocopies, reference books, or any other reference materials will not be
allowed in the testing area during the test.
§18-46. Reserved Eligibility Requirements
All mechanical fitter apprentices engaged under a master mechanical fitter will be required to register with
the City Building Department. Experience accrued towards taking the test journeyman mechanical fitters test will
only be accepted as a registered apprentice. Time accrued previous to registration requirement will be approved and
noted.
An applicant for examination must have worked under supervision of a licensed master mechanical fitter,
for a period of two years before being eligible to take a journeyman mechanical fitter's examination. No person shall
be eligible to take a master mechanical fitter's examination until two years after registration as a journeyman
mechanical fitter.
§18-55. Examination; Prerequisites; Exemptions
(A) Before the applicant shall be registered as a master mechanical fitter, contractor or journeyman, as the
case may be, he or she shall submit to an examination to determine fitness and competency to engage in the
business, trade, or calling of gas fitting, mechanical work or appliance installation work, as the case may be, which
Grand Island Council Session - 4/24/2012 Page 44 / 214
ORDINANCE NO. 9378 (cont)
3
examination shall be given by the examining board for mechanical fitters as hereinbefore set forth, such applicant
after having by such examination been shown to be fit, competent and qualified to engage in the business, trade, or
calling of a master or journeyman mechanical fitter, as the case may be, shall be registered by the chief building
official, who shall deliver to such applicant a certificate of registration, signed by the chief building official.
(B) An applicant failing to pass an examination shall not be eligible for re-examination until eighty five
days shall have elapsed after the previous examination. Each applicant shall pay an examination fee for each re-
examination required.
(C) Any applicant validly registered or licensed as a master mechanical fitter, contractor or journeyman, or
equivalent capacity by the city of Hastings or the city of Kearney, shall be exempt from taking the foregoing
examination, and provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent
license upon application and payment of fees.
§18-56. ReservedEligibility Requirements
All mechanical fitter apprentices engaged under a master mechanical fitter will be required to register with
the City Building Department. Experience accrued towards taking the test journeyman mechanical fitters test will
only be accepted as a registered apprentice. Time accrued previous to registration requirement will be approved and
noted.
An applicant for examination must have worked under supervision of a licensed master mechanical fitter,
for a period of two years before being eligible to take a journeyman mechanical fitter's examination. No person shall
be eligible to take a master mechanical fitter's examination until two years after registration as a journeyman
mechanical fitter.
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, on May 15, 2012.
Enacted: April 24, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 45 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item F2
#9379 - Consideration of Amending Chapter 26 of the Grand
Island City Code to Adopt the 2009 Uniform Plumbing Code
Staff Contact: Craig Lewis
Grand Island Council Session - 4/24/2012 Page 46 / 214
Council Agenda Memo
From:Craig A. Lewis, Building Department Director
Meeting:April 24, 2012
Subject:Amending Chapter 26 of the Grand Island City Code to
Adopt the 2009 Uniform Plumbing Code.
Item #’s:F-2
Presenter(s):Craig Lewis, Building Department Director
Background
The Grand Island City has adopted and enforced plumbing regulations for several
decades. Currently the 2006 edition of the Uniform Plumbing Code is adopted to
provides minimum standards for the protection of the public health, safety, and welfare in
regard to plumbing installations and facilities. This proposal is to amend the City code to
adopt the latest edition of the Uniform Plumbing code, that being the 2009 edition.
Discussion
The City generally adopts published model codes on a three to six year cycle as model
codes are published and revised every three years. This edition and adoption is intended
to keep Grand Island current with the latest model plumbing code.
These modifications have been before the Grand Island Plumbing Board and received
their approval and endorsement.
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 - 4/24/2012 Page 47 / 214
Recommendation
City Administration recommends that the Council approve the ordinance to adopt the
2009 Uniform Plumbing Code and modify chapter 26 of the City Code.
Sample Motion
Move to approve Ordinance #9379 to amend chapter 26 of the City Code.
Grand Island Council Session - 4/24/2012 Page 48 / 214
Approved as to Form ¤ ___________
April 16, 2012 ¤ City Attorney
ORDINANCE NO. 9379
An ordinance to revise Chapter 26 of the Grand Island City Code to bring it into
conformity with the 2009 UPC Code Changes; and to repeal any ordinance or parts of ordinances
in conflict herewith; and to provide for publication and the effective date of this ordinance, said
effective date is May 15, 2012.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That Chapter 26, Sections 1, 2, 16, and 43 of the Grand Island City
Code shall be modified to read as follows:
§26-1. Uniform Plumbing Code Adopted
The Uniform Plumbing Code, 20096 Edition, published by the International Association of Plumbing and
Mechanical Officials, is hereby adopted, together with Appendices as set forth hereafter, and any amendments
thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by
ordinance and set forth in this chapter of the Grand Island City Code. One copy of the Uniform Plumbing Code,
2006 2009 Edition, and all supplements or amendments thereto shall be filed in the office of the city clerk as
provided by law.
The following appendices shall be used with the Uniform Plumbing Code adopted by this section:
1. Appendix A – Recommended Rules for Sizing the Water Supply System.
2. Appendix B – Explanatory Notes on Combination Waste and Vent Systems.
3. Appendix D – Sizing Stormwater Drainage Systems.
4. Appendix L – Alternate Plumbing Systems.
Amended by Ordinance No. 9024, effective 03-01-2006
Amended by Ordinance No. 9118, effective 05-15-2007
§26-2. UPC - Certain Sections not Adopted
It is especially provided that the following chapters, sections, and tables of the Uniform Plumbing Code are
not adopted or approved, and the same shall be of no force and effect:
1. Table 1-1 - Plumbing Permit Fees.
2. Chapter 13 – Health Care Facilities and Medical Gas and Vacuum Systems.
3. Gray Water SystemsChapter 16 Nonpotable Water Reuse Systems
4. Appendix E – Manufacture/Mobile Home Parks and Recreational Vehicle Parks.
5. Appendix F – Ffirefighter Breathing Air Replenishment Systems
6. Appendix I – Installation Standards
7. Appendix K – Private Sewage Disposal Systems.
Amended by Ordinance No. 9024, effective 03-01-2006
Amended by Ordinance No. 9118, effective 05-15-2007
§26-16. UPC - Amendment of Subsection 1216.4 Waste Discharge Requirements
Subsection 1216.4 of the Uniform Plumbing Code is hereby amended to read as follows:
The size of the house supply piping, beginning at the gas meter and continuing to the first supply piping outlet shall
not be less than one (1) inch.
Grand Island Council Session - 4/24/2012 Page 49 / 214
ORDINANCE NO. 9379 (Cont.)
- 2 -
Subsection 1014.3.2.1 is hereby amended to read as follows.
Waste discharge in establishments from fixtures and equipment which contain grease, including but not
limited to, scullery sinks, pot and pan sinks (3-compartment and 4-compartment sinks), dishwashers, soup
kettles, and floor drains located in areas where grease-containing materials exist, shall be permitted to be drained
into the sanitary waste through the interceptor when approved by the Authority Having Jurisdiction.
§26-43. Examinations; Fee; Exemptions
Any person desiring to be licensed as a master plumber or as a journeyman plumber pursuant to this
chapter shall make written application for an examination to the Board. Examination fees shall be in accordance
with the City of Grand Island Fee Schedule.
Examination fees shall accompany such application and shall be accounted for and turned over to the City
Treasurer. Examination fees are not returned but shall be forfeited in the event the applicant fails the examination.
Any person validly registered or licensed as a master plumber or journeyman plumber or equivalent
capacity by the City of Hastings or the City of Kearney shall be exempt from taking the foregoing examination, and
provided the applicant is otherwise qualified pursuant to this code, shall be issued an equivalent license upon
application and payment of fees.
Amended by Ordinance No. 9118, effective 05-15-2007
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, on May 15, 2012.
Enacted: April 24, 2012.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 50 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item F3
#9380 - Consideration of Vacation of a Portion of Ebony Lane in
Sterling Estates Subdivision (Niedfelt Property Management
Preferred LLC & Starostka Rentals LLC)
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/24/2012 Page 51 / 214
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:April 24, 2012
Subject:Consideration of Vacation of a Portion of Ebony Lane in
Sterling Estates Subdivision (Niedfelt Property Management
Preferred LLC & Starostka Rentals LLC)
Item #’s:F-3
Presenter(s):John Collins, Public Works Director
Background
Council action is required for vacation of a public street.
Discussion
Niedfelt Property Management Preferred LLC owns 3778 Norseman Avenue, and Starostka
Rentals LLC owns 3779 Norseman Avenue; both of which are requesting to vacate the easterly
two (2) feet of street right-of-way abutting each lot on Ebony Lane. This vacation will allow the
proper lot size for the proposed structures on each lot.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1.Move to approve or deny.
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 request for the vacation of the
easterly two (2) feet of street right-of-way abutting 3778 & 3779 Norseman Avenue.
Sample Motion
Move to approve the Ordinance.
Grand Island Council Session - 4/24/2012 Page 52 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
ORDINANCE NO. 9380
An ordinance to vacate a portion of the public street on the west side of Lot One
(1), Block Three (3), Sterling Estates Subdivision and the west side of Lot One (1), Block Seven
(7), Sterling Estates Subdivision, City of Grand Island, Hall County, Nebraska and to provide for
filing this ordinance in the office of the Register of Deeds of Hall County; to repeal any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. That a portion of the public street consisting of a tract of land comprising that
portion of Ebony Lane lying west of the west line of Lot One (1), Block Three (3), Sterling
Estates; and also lying west of the west line of Lot One (1), Block Seven (7), Sterling Estates,
City of Grand Island, Hall County, Nebraska, more particularly described as follows:
BEGINNING AT THE SOUTHWEST CORNER OF LOT ONE (1), BLOCK THREE (3),
STERLING ESTATES SUBDIVISION; THENCE RUNNING NORTHWEST FOR A
DISTANCE OF FOURTEEN AND FOURTY HUNDREDTHS (14.41) FEET, THENCE
RUNNING NORTHERLY ON THE WEST LINE OF LOT ONE (1) BLOCK THREE (3) FOR
• THIS SPACE RESERVED FOR REGISTER OF DEEDS •
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ORDINANCE NO. 9380 (Cont.)
- 2 -
A DISTANCE OF ONE HUNDRED AND TEN (110.0) FEET TO THE NORTHWEST
CORNER OF LOT ONE (1) BLOCK THREE (3) STERLING ESTATES SUBDIVISION,
THENCE RUNNING WEST FOR A DISTANCE OF TWO (2.0) FEET. THENCE RUNNING
SOUTH AND PARALLEL TO THE WEST LINE OF LOT ONE (1) BLOCK THREE (3)
STERLING ESTATES SUBDIVISION FOR A DISTANCE OF ONE HUNDRED TWENTY
(120.0) FEET; THENCE RUNNING EASTERLY FOR A DISTANCE OF TWELVE AND
NINTEEN HUNDREDTHS (12.19) FEET BACK TO THE POINT OF BEGINNING.
AND
BEGINNING AT THE NORTHWEST CORNER OF LOT ONE (1) BLOCK SEVEN (7)
STERLING ESTATES SUBDIVISION AND RUNNING SOUTHWESTERLY FOR A
DISTANCE OF FOURTEEN AND FOURTY ONE HUNDREDTHS (14.41) FEET, THENCE
RUNNING SOUTHERLY ON THE WEST LINE OF LOT ONE (1) BLOCK SEVEN (7)
STERLING ESTATES SUBDIVISION FOR A DISTANCE OF ONE HUNDRED THIRTEEN
AND EIGHTY FIVE HUNDREDTHS (113.85) FEET TO THE SOUTHWEST CORNER OF
LOT ONE (1) BLOCK SEVEN (7) STERLING ESTATES SUBDIVISION. THENCE
RUNNING WESTERLY FOR A DISTANCE OF TWO (2.0) FEET THENCE RUNNING
NORTHERLY AND PARALLEL TO THE WEST LINE OF LOT ONE (1) BLOCK SEVEN
(7) STERLING ESTATES SUBDIVISION. FOR A DISTANCE OF ONE HUNDRED
TWENTY THREE AND EIGHTY FOUR HUNDREDTHS (123.84) FEET; THENCE
RUNNING EASTERLY FOR A DISTANCE OF TWELVE (12.0) FEET BACK TO THE
POINT OF BEGINNING.
Such public street to be vacated is shown and more particularly described on Exhibit A attached
hereto.
SECTION 2. The title to the property vacated by Section 1 of this Ordinance
shall revert to the abutting properties.
SECTION 3. This Ordinance is directed to be filed in the office of the Register of
Deeds of Hall County, Nebraska.
SECTION 4. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, within fifteen days in one issue of the Grand Island
Independent as provided by law.
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ORDINANCE NO. 9380 (Cont.)
- 3 -
Enacted: April 24, 2012
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
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City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G1
Approving Minutes of April 10, 2012 City Council Regular
Meeting
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/24/2012 Page 57 / 214
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 10, 2012
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 April
10, 2012. Notice of the meeting was given in The Grand Island Independent on April 4, 2012.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members
were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, Scott Dugan, Vaughn Minton, and John Gericke. The following
City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City
Attorney Robert Sivick, Public Works Director John Collins and Finance Director Jaye Monter.
INVOCATION was given by Father Richard Piontkowski, St. Mary’s Cathedral Catholic Church,
204 South Cedar Street followed by the PLEDGE OF ALLEGIANCE.
Mayor Vavricek introduced Community Youth Council member McKenzie Reed and Board member
Celine Swan.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Barbershop Harmony Week” April 10, 2012. Mayor Vavricek proclaimed the week of
April 10, 2012 as “Barbershop Harmony Week”. The Conestoga Barbershop Chorus was present for
the presentation and sang a song.
Proclamation “National Library Week” April 8-14, 2012. Mayor Vavricek proclaimed the week of
April 8-14, 2012 as “National Library Week”. Karl Kostbahn was present to receive the
proclamation.
PUBLIC HEARINGS:
Public Hearing on Request from Chanh Bandasack dba South Front Reception, 123 East South Front
Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a
Class “I” Liquor License had been received from Chanh Bandasack dba South Front Reception, 123
East South Front Street. Ms. Edwards presented the following exhibits for the record: application
submitted to the Liquor Control Commission and received by the City on March 14, 2012; notice to
the general public of date, time, and place of hearing published on March 31, 2012; notice to the
applicant of date, time, and place of hearing mailed on March 16, 2012; along with Chapter 4 of the
City Code. Staff recommended approval contingent upon final inspections and completion of a state
approved alcohol server/seller training program. No public testimony was heard.
Public Hearing on the 2012 Justice Assistance Grant (JAG). Steve Lamken, Police Chief reported
that Grand Island Police Department and Hall County Sheriff’s Department were eligible to receive
Justice Assistance Grant money in the amount of $22,379.00 and $7,459.00 respectively. Staff
recommended approval. No public testimony was heard.
Public Hearing on the Semi-Annual Report by the Citizens’ Review Committee on the Economic
Development Program Plan. Citizens’ Review Committee Chairman Lisa Willman reported that the
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Page 2, City Council Regular Meeting, April 10, 2012
Semi-Annual Report was approved by the Citizens’ Review Committee on Tuesday April 3, 2012.
The Report was required by State Statue and City Code.
Marlan Ferguson, President of Economic Development Corporation presented the Semi-Annual
Report. Mr. Ferguson commented on the support from past and present mayors and Council members
for economic and community development. The economic development program was scheduled to
sunset in 2013 and currently was in the ninth year of a ten year program. A PowerPoint presentation
was given updating the Council on the LB 840 activities. No public testimony was heard.
ORDINANCES:
Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on
three different days are suspended and that ordinance numbered:
#9377 – Consideration of Amending to Chapter 16 of the Grand Island City Code Relative to
Fireworks
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 Haase
seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Fire Operations Division Chief Tim Hiemer reported that Ordinance No. 9377 would amend Chapter
16 of the Grand Island City Code relative to fireworks storage locations, liability insurance, limited
days to sell, limited hours of discharge, number of stands, and increased permit fee.
The following people spoke in opposition:
Tom Townes, 1609 Meadow Road
Marvin Kohler, 1739 Ingalls Road
Margie Kohler, 1739 Ingalls Road
Motion by Gilbert, second by Carney to approve Ordinance #9377 with the exception of not limiting
the number of days.
Discussion was held regarding leaving the number of days to sell fireworks at eight. Comments were
made concerning the quality of life, noise, and impact on law enforcement,
Motion by Nickerson, second by Gericke to reduce the number of days to sell fireworks to seven.
Upon roll call vote, Councilmembers Niemann, Gilbert, Nickerson, Donaldson, Dugan, Minton and
Gericke voted aye. Councilmembers Haase, Carney and Ramsey voted no. Motion adopted.
Mr. Hiemer answered questions concerning inspections. Mr. Towne and Mr. Kohler answered
questions regarding the number of days to sell fireworks and the impact on revenue to the vendors.
City Attorney Bob Sivick explained the reasons for the insurance requirement. City Administrator
Mary Lou Brown stated most vendors carried insurance so the cost would not go up. Number of
stands was discussed on a first come first serve basis. Mr. Kohler recommended that preference for
permits be given to local residents of Grand Island.
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Page 3, City Council Regular Meeting, April 10, 2012
Motion by Haase, second by Gilbert to amend the main motion that the previous permit holders be
given preference for the following year and a date will be set by the Fire Department regarding a
deadline to apply for a permit.
Motion by Gericke, second by Carney to refer this Ordinance to a future date. Upon roll call vote,
Councilmembers Carney, Niemann, Ramsey, Nickerson, Donaldson, Dugan, Minton and Gericke
voted aye. Councilmembers Haase and Gilbert voted no. Motion adopted.
CONSENT AGENDA: Consent Agenda items G-6, G-11 and G-16 were pulled for further
discussion. Motion by Ramsey, second by Niemannto approve the Consent Agenda excluding items
G-6, G-11 and G-16. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of March 26, 2012 City Council Regular Meeting.
Approving Minutes of April 3, 2012 City Council Study Session.
Approving Request from Paul Younes, 6 West 21st Avenue Place, Kearney, Nebraska for Liquor
Manager Designation for Fairfield Inn & Suites, 805 Allen Drive.
#2012-85 – Approving 2012 VOCA Grant Application.
#2012-86 – Approving 2012 Justice Assistance Grant Application and Memorandum of
Understanding with Hall County.
#2012-88 – Approving Bid Award for Turbine Generator Inspection and Repair with Megnetech
Industrial Services of Saraland, Alabama in an Amount of $496,338.00.
#2012-89 – Approving Bid Award for 2013 Truck with Digger Derrick Unit – Utilities Line Division
with Altec Industries of St. Joseph, Missouri in an Amount of $203,969.00.
#2012-90 – Approving Supplemental Agreements with Burlington Northern Santa Fe Railroad –
Double Track Project.
#2012-91 – Approving Bid Award for (90) Fire Hydrants with HD Supply Waterworks of Omaha,
Nebraska in an Amount of $125,460.00.
#2012-93 – Approving Time Extension for 911 Phone Installation with Platte Valley
Communications of Grand Island, Nebraska with a completion date of May 31, 2012.
#2012-94 – Approving Bid Award for Concrete Pavement and Storm Sewer Repairs for 2012 with
OK Paving of Hordville, Nebraska in an Amount of $733,175.00.
#2012-95 – Approving Correction to Resolution No. 2010-361; Acquisition of Landscape Easements
Located in Business Improvement District No. 6 (Second Street).
#2012-96 – Approving Award of Proposal for Engineering Services Related to Environmental
Monitoring Services at the Landfill with G.N. Kuhn Engineering, LLC of Omaha, Nebraska in an
Amount not-to-exceed $54,950.00 over a five-year period.
#2012-98 – Approving FEMA Hazard Mitigation Grant for Siren Replacement.
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Page 4, City Council Regular Meeting, April 10, 2012
#2012-87 – Approving Bid Award for Water Main District 458T and Sanitary Sewer District 527T –
Platte Valley Industrial Park with The Diamond Engineering Company of Grand Island, Nebraska in
an Amount of $1,262,909.56. Utilities Director Tim Luchsinger reported this was a bid award for
installation of Water Main District 458T and Sanitary Sewer District 527T at the Platte Valley
Industrial Park. The City had applied and received a grant of up to $935,000 based on matching
funds from the City of $1.2 million. EDC allowed $575,000 for this project.
Discussion was held regarding the revenues, block grant funds, LB 840 funds and the city portion
owed for this project. Mr. Ferguson explained the breakdown of the revenue.
Motion by Haase, second by Nickerson to approve Resolution #2012-87. Upon roll call vote, all
voted aye. Motion adopted.
#2012-92 – Approving Amendment to Finance Personnel FTE Budget Allocation. Finance Director
Jaye Monter reported that this request was for a seasonal .25 FTE increase in the Finance Department
to hire an interim from Kearney.
Concerns were brought forward of creating a position for a particular person and the vacancies in the
Finance Department that had not been filled. Comments were made regarding internships with no
salary and this position of $5,400 should be opened up to other applicants. Ms. Monter stated if they
were job shadowing they would not be paid, but if they actually worked for the City we would have
to be paid. City Administrator Mary Lou Brown commented that the Nebraska City/County
Managers Association had worked with UNO and Kearney and encouraged internship programs.
Motion by Gilbert, second by Niemann to approve Resolution #2012-92. Upon roll call vote,
Councilmembers Carney, Niemann, Ramsey, Gilbert, Nickerson, Donaldson, Dugan, Minton, and
Gericke voted aye. Councilmember Haase voted no. Motion adopted.
#2012-97 – Accepting the Semi-Annual Report by the Citizens’ Review Committee on the Economic
Development Program Plan. This item related to the aforementioned Public Hearing item.
It was mentioned that there was $269,000 available for LB 840 funding this year. Mr. Ferguson
explained the changes made to the contracts after Structured Solutions failure and lessons learned.
Motion by Gilbert, second by Niemann to approve Resolution #2012-97. Upon roll call vote, all
voted aye. Motion adopted.
RESOLUTIONS:
#2012-99 – Consideration of Request from Chanh Bandasack dba South Front Reception, 123 East
South Front Street for a Class “I” Liquor License This item related to the aforementioned Public
Hearing.
Motion by Haase, second by Donaldson to approve Resolution #2012-99 contingent upon final
inspections and completion of a state approved alcohol server/seller program. Upon roll call vote, all
voted aye. Motion adopted.
#2012-100 – Approving the Power Sales Agreement for Broken Bow Wind Project. Utilities Director
Tim Luchsinger reported that the Utilities Department had been involved in renewable energy. The
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Page 5, City Council Regular Meeting, April 10, 2012
most cost effective form was in the area of wind energy. The City had participated with Springview,
Ainsworth, Elkhorn Ridge, and Laredo Ridge projects.
The Nebraska Public Power District had entered into a Power Purchase Agreement with Broken Bow
Wind, LLC, for the output of the project, and was re-marketing portions of that power to other
electric utilities. The City was recommending participation in this project at 1 MW.
A recommendation was made to have a comparison report on wind energy. Cost of renewable energy
and long term energy was discussed.
Motion by Haase, second by Carney to approve Resolution #2012-99. Upon roll call vote, all voted
aye. Motion adopted.
#2012-101 – Consideration of Economic Development Incentive Agreement with Medbery
Fabrication LLC. City Administrator Mary Lou Brown reported that an application had been made
by Medbery Fabrication for a $76,000 forgivable LB 840 loan. Explained were the terms of the
contract and changes in the process. Ed Medbery, 3230 No. North Road commented on CNH being
his only customer and was in the process to branch out with other products.
Motion by Carney, second by Haase to approve Resolution #2012-101. Upon roll call vote, all voted
aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Carney to approve the Claims for the period of March 27, 2012 through
April 10, 2012, for a total amount of $2,698,996.64. Unanimously approved.
ADJOURNMENT: The meeting was adjourned at 9:40 p.m.
RaNae Edwards
City Clerk
Grand Island Council Session - 4/24/2012 Page 62 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G2
Receipt of Official Documents – Pawnbroker’s Official Bonds for
G.I. Loan Shop, 1004 West 2nd Street and Payday Express, 645
South Locust Street
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/24/2012 Page 63 / 214
Council Agenda Memo
From:RaNae Edwards, City Clerk
Meeting:April 24, 2012
Subject:Approving Renewal of Pawnbrokers Official Bond
Item #’s:G-2
Presenter(s):RaNae Edwards, City Clerk
Background
Chapter 25 of the Grand Island City Code requires that all persons who shall engage in the business
of pawnbroker are required to make application to the Mayor and City Council. Along with the
application and fee, a bond is required which is to be approved by the Mayor and City Council. Each
license expires on April 30th of each year and must be renewed prior to that date.
Discussion
G.I. Loan Shop, 1004 West Second Street and Payday Express, 645 South Locust Street have
submitted their application, fee, and bond for renewal of their pawnbroker’s license. (See attached)
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council
may:
1.Move to approve the renewals
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 application and bond for renewal of
pawnbroker’s license.
Sample Motion
Move to approve the renewal applications and bonds for G.I. Loan Shop, 1004 West 2nd Street and
Payday Express, 645 South Locust Street.
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City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G3
#2012-102 - Approving Contract to Reserve Firm Electric Service
from the Western Area Power Administration
Staff Contact: Tim Luchsinger
Grand Island Council Session - 4/24/2012 Page 70 / 214
Council Agenda Memo
From:Tim Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney/Purchasing
Meeting:April 24, 2012
Subject:WAPA Reserve Contract
Item #’s:G-3
Presenter(s):Tim Luchsinger, Utilities Director
Background
The Utilities Department has been a customer of the Western Area Power Administration
(WAPA) since 1970. WAPA is a Federal agency that manages the operation and
administration of the various hydro power projects located along the Missouri river. As a
customer, Grand Island receives a set amount of energy each month, known as a Contract
Rate of Delivery (CROD), which contributes to slightly more than 4% of the
Department’s annual energy requirements. In November, 2011, WAPA issued its 2021
Power Marketing Initiative (PMI) which supports extending the existing CROD with
associated energy to existing long-term firm power customers such as Grand Island.
Discussion
The purpose of the proposed Reserve Contract is to affirm the commitment WAPA made
through the 2021 PMI. By approving the Reserve Contract, Grand Island’s existing
CROD is reserved through December 31, 2020, pursuant to negotiations of an agreement
for a thirty year renewal of the Firm Electric Service Contract beginning in 2021 and
ending in 2050. If Grand Island chooses not to pursue a new Firm Electric Service
Contract with WAPA beginning January 1, 2021, this Reserve Contract will
automatically be terminated. Planning for electric supplies is typically projected for 20 to
30 years due to the long-term facility and financing considerations and commitments that
need to be made by various parties. The hydro energy received by Grand Island from
WAPA has been, and continues to be, an economical power source, and contributes to a
blend of energy supply for future operational options by the Utilities Department, and it
is recommended that this Reserve Contract be executed.
Grand Island Council Session - 4/24/2012 Page 71 / 214
Alternatives
It appears that the Council that 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 a future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Western Area Power
Administration (WAPA) Reserve Contract.
Sample Motion
Move to approve the Western Area Power Administration (WAPA) Reserve Contract.
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Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-102
WHEREAS, since 1970, the City of Grand Island has purchased firm power and
associated energy from the Western Area Power Administration (WAPA), the federal bureau
tasked with the operation and administration of the hydroelectric dams on the Missouri River, in
accordance with WAPA Contract No. 14-06-600-15A; and
WHEREAS, on March 4, 1991, the original contract was replaced with Contract
No. 90-BAO-413 which was amended in accordance with Resolution 98-307, to extend the
expiration of such contract until December 31, 2020; and
WHEREAS, in November, 2011 WAPA issued its 2021 Power Marketing
Initiative to support extending the existing Contract Rate of Delivery with associated energy to
existing long-term firm power customers such as Grand Island, and
WHEREAS, by approving the Reserve Contract, Grand Island’s existing Contract
Rate of Delivery would be reserved through December 31, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Reserve Contract with the Western
Area Power Administration is hereby approved; and the Mayor is hereby authorized and directed
to execute the Reserve Contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 79 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G4
#2012-103 - Approving Bid Award - Well Field Control System
Upgrade
Staff Contact: Tim Luchsinger
Grand Island Council Session - 4/24/2012 Page 80 / 214
Council Agenda Memo
From:Timothy G. Luchsinger, Utilities Director
Jason Eley, Assistant City Attorney
Meeting Date:April 24, 2012
Subject:Well Field Control System Upgrade
Item #’s:G-4
Presenter(s):Timothy G. Luchsinger, Utilities Director
Background
The City’s municipal water system is supplied primarily from its Platte River Well Field.
This well field is comprised of 21 wells and a pumping station. Testing for State
regulatory requirements indicated composite uranium levels to be approaching the
Maximum Containment Level (MCL) established by the EPA. Uranium is not an acute
concern but rather is a chronic concern over a lifetime of exposure, and sampling and
testing of the Grand Island water system thus far show full compliance with the EPA
regulation. Testing of individual wells for uranium has indicated most wells exceed this
MCL. To allow use of these wells during high water system demand periods, additional
piping was installed in the past year for blending with lower uranium concentration wells.
Recent testing of uranium concentrations in the wells indicated a trend towards increasing
levels, reducing the effectiveness of well blending to reduce overall levels, therefore,
based on Department recommendations, the Utilities Department was authorized by
Council on February 22, 2011, to proceed with the procurement and installation of the
large-scale pilot uranium removal system. Based on the multiple phase structure of the
uranium engineering services RFP, HDR, the City’s consultant on this project, was
requested to provide a proposal for preparing specifications to issue for bids for an
adsorptive media pilot plant. On June 28, 2011, Council awarded the contract for the
Uranium Removal System – Equipment Procurement to Water Remediation Technology.
On August 23, 2011, Council approved the proposal of HDR Engineering, Inc., of
Lincoln, Nebraska, for Uranium Removal Water Plant – Task Order No. 2. This task
order authorized the detailed engineering services which included preparation of
specifications for bidding of a new building and foundations, underground piping, well
modifications, and installation of the uranium removal equipment. As part of these
Grand Island Council Session - 4/24/2012 Page 81 / 214
engineering services, HDR developed the specifications for the pump modifications of
well field wells and installation of the uranium removal system equipment.
On February 14, 2012 City Council approved the contract for the Uranium Removal
Water Treatment Plant – Equipment Installation and Pump Modifications to Judds
Brothers Construction. The final phase of this project is integration of the Uranium
Removal Water Treatment Plant into the SCADA system, which is the computer system
which controls and monitors the wells, pumps, and reservoir levels.
Discussion
The specifications for the Well-Field Control System Upgrade were advertised and issued
for bid in accordance with the City Purchasing Code. Bids were publicly opened on April
11, 2012. Specifications were sent to four potential bidders and responses were received
as listed below. The engineer’s estimate for this project was $185,000.00.
Bidder Bid Price
Huffman Engineering, Inc., Lincoln, NE $ 147,290.00
Using pricing included in the bid, the specified performance bond was added for
$3,145.00 and the requirement for drawing submittals was waived at a deduct of
$4,500.00, for an adjusted bid price of $145,935.00. The bid was reviewed by plant
engineering staff, and otherwise found compliant with the specifications and less than the
engineer’s estimate.
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 for Well-Field
Control System Upgrade to Huffman Engineering, Inc., of Lincoln, Nebraska, as the low
responsive bidder, in the amount of $145,935.00.
Sample Motion
Move to approve the bid from Huffman Engineering, Inc., for the Well-Field Control
System Upgrade in the amount of $145,935.00.
Grand Island Council Session - 4/24/2012 Page 82 / 214
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE:April 11, 2012 at 2:00 p.m.
FOR:Well-Field Control System Upgrade
DEPARTMENT:Utilities
ESTIMATE:$185,000.00
FUND/ACCOUNT:525
PUBLICATION DATE:April 3, 2012
NO. POTENTIAL BIDDERS:4
SUMMARY
Bidder:Huffman Engineering, Inc.
Lincoln, NE
Bid Security:Developers Surety & Indemnity Co.
Exceptions:Noted
Bid Price:
Material:$78,000.00
Labor:$65,000.00
Sales Tax:$ 4,290.00
Total Bid:$147,290.00
cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director
Jason Eley, Purchasing Agent Pat Gericke, Utilities Admin. Assist.
Mary Lou Brown, City Administrator Lynn Mayhew, Assist. Utilities Director
Karen Nagel, Utilities Secretary
P1552
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Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-103
WHEREAS, the City of Grand Island invited sealed bids for Well Field Control
System Upgrade according to plans and specifications on file with the Utilities Department; and
WHEREAS, on April 11, 2012, bids were received, opened and reviewed; and
WHEREAS, Huffman Engineering, Inc., of Lincoln, 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 $145,935.00; and
WHEREAS, the bid of Huffman Engineering, Inc., is less than the estimate for
the Well Field Control System Upgrade.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Huffman Engineering, Inc.,
in the amount of $145,935.00 for Well Field Control System Upgrade is hereby approved as the
lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 103 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G5
#2012-104 - Approving Engineers Certificate of Final Completion
for Building Concrete for Sludge Storage Building, Project No.
2011-WWTP-4
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/24/2012 Page 104 / 214
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:April 24, 2012
Subject:Approving Engineers Certificate of Final Completion for
Building Concrete for Sludge Storage Building, Project
No. 2011-WWTP-4
Item #’s:G-5
Presenter(s):John Collins, Director of Public Works
Background
The project Concrete for Sludge Storage Building, Project No. 2011-WWTP-4 was
awarded to L & L Concrete & Construction, Inc. of Grand Island, Nebraska under
contract dated October 7, 2011. Work commenced thru November, 2011 with the
removal and replacement of concrete surfaces. The contractor was unable to complete
any work during the winter months. With the high monthly temperatures of March, 2012
this provided the opportunity for completion in concrete expansion sealants.
Discussion
The City Engineer in accordance with the terms, conditions, and stipulations of the
contract, plans, and specifications for the project has reviewed the completed work. The
contractor, L & L Concrete & Construction, Inc. has issued a certificate for final
payment.
With approval of the Engineers Certificate of Final Completion the City will release final
payment in the amount of $ 8,042.20.
The construction contract was completed at a total cost of $162,621.29.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
Grand Island Council Session - 4/24/2012 Page 105 / 214
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve the Engineers Certificate of
Final Completion for the Project; Concrete for Sludge Storage Building, Project No.
2011-WWTP-4.
Sample Motion
Move to approve the Engineers Certificate of Final Completion for the Project; Concrete
for Sludge Storage Building, Project No. 2011-WWTP-4.
Grand Island Council Session - 4/24/2012 Page 106 / 214
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
CONCRETE FOR SLUDGE STORAGE BUILDING
PROJECT NO. 2011-WWTP-4
April 24, 2012
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the Concrete for Sludge Storage Building, Project No. 2011-WWTP-4
has been completed by L & L Concrete & Construction, Inc. of Grand Island, Nebraska
under contract dated October 7, 2011. The work has been completed in accordance with the
terms, conditions, and stipulations of said contract and complies with the contract, the plans,
and the specifications. The work is hereby accepted with the provisions of Section 16-650
R.R.S., 1943.
It is further certified that the improvements as constructed include the following items and
costs and that this certificate shall constitute the Final Payment for this work.
CONCRETE FOR SLUDGE STORAGE BUILDING, PROJECT 2011-WWTP-4
Concrete for Sludge Storage Building:$ 160,843.99
TOTAL PROJECT COST $ 160,843.99
SUMMARY OF OTHER COST
Advertisement in GI Daily Independent $ 77.30
Geotechnical Services $ 1,700.00
TOTAL OTHER COST $ 1,777.30
TOTAL COST OF:
CONCRETE FOR SLUDGE STORAGE BUILDING
PROJECT 2011-WWTP-4 $ 162,621.29
Grand Island Council Session - 4/24/2012 Page 107 / 214
Respectfully submitted,
John Collins
Director of Public Works
April 24, 2012
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for Concrete for
Sludge Storage Building, Project No. 2011-WWTP-4 be approved.
Respectfully submitted,
Jay Vavricek
Mayor
Grand Island Council Session - 4/24/2012 Page 108 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-104
WHEREAS, the City Engineer/Public Works Director for the City of Grand
Island has issued an Engineers Certificate of Final Completion for the Concrete for Sludge
Storage Building, Project No. 2011-WWTP-4, certifying that L & L Concrete & Construction,
Inc. of Grand Island, Nebraska, under contract, has completed the project; and
WHEREAS, the City Engineer/Public Works Director recommends the
acceptance of the project; and
WHEREAS, the Mayor concurs with the recommendation of the City
Engineer/Public Works Director.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineers Certificate of Final
Completion for the Concrete for Sludge Storage Building, Project No. 2011-WWTP-4, is hereby
confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 109 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G6
#2012-105 - Approving Award of Proposal for Consulting Services
for Geospatial Data Collection of Grand Island's Public
Stormwater Conveyance System
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/24/2012 Page 110 / 214
Council Agenda Memo
From:Scott Sekutera, Storm Water Technician
Meeting:April 24, 2012
Subject:Approving Award of Proposal for Consulting Services
for Geospatial Data Collection of Grand Island's Public
Stormwater Conveyance System
Item #’s:G-6
Presenter(s):John Collins, Public Works Director
Background
A Request for Proposals (RFP) for consulting services for Geospatial Data Collection of
Grand Island’s Stormwater System was advertised in the Grand Island Independent on
March 6, 2012. The RFP was also sent to six (6) potential proposers by the Engineering
Division of the Public Works Department.
The collection of this geospatial data for the City’s stormwater system will assist with
mapping the stormwater as required by the National Pollution Discharge Elimination
System (NPDES) stormwater permit. The mapping will also give the City information on
locations and elevations of all stormwater structures. This information will be utilized for
stormwater hydraulic modeling, comprehensive drainage planning, required mapping for
compliance with permit to identify Illicit Detection Discharge Elimination (IDDE) and
stormwater capital improvement planning. This survey will provide an accurate,
electronic, easily-accessible storm sewer map and database from which the staff can
quickly access valuable physical and historical information regarding the storm sewer
system.
Discussion
Five (5) proposals were opened on March 27, 2012 and reviewed and scored by Scott
Sekutera, Storm Water Technician; Milton Loeb, Engineering Technician; and Pat
Larson, GIS Specialist.
The estimate for this work was $44,400.00. Funds for the consulting services are in the
approved 2011/2012 budget and paid for using the LB 1226 Stormwater Grant fund
Grand Island Council Session - 4/24/2012 Page 111 / 214
through the Nebraska Department of Environmental Quality (NDEQ). This work
supports the City of Grand Island's Stormwater Management Plan.
The proposal submitted by JEO Consulting Group, Inc of Grand Island, NE was scored as
the best firm to complete the required work. The agreement will be for surveying 886
stormwater structures at $50.00 each for a grand total of $44,329. Previous surveys have
completed 1,669 stormwater structures, which equates to approximately 70% of the
City’s overall structures.
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 the proposal to
JEO Consulting Group, Inc of Grand Island, Nebraska.
Sample Motion
Move to approve the award of the proposal.
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Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
CONSULTING SERVICES FOR GEOSPATIAL DATA COLLECTION
STORM WATER CONVEYANCE SYSTEM
RFP DUE DATE:March 27, 2012 at 4:00 p.m.
DEPARTMENT:Public Works
PUBLICATION DATE:March 6, 2012
NO. POTENTIAL BIDDERS:5
SUMMARY OF PROPOSALS RECEIVED
JEO Consulting Group, Inc.Miller & Associates
Lincoln, NE Kearney, NE
Olsson Associates GBA Architects
Grand Island, NE Lenexa, KS
EA Engineering, Science, and Technology, Inc.
Lincoln, NE
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jaye Monter, Interim Finance Director
Jason Eley, Purchasing Agent Scott Sekutera, Stormwater Technician
Terry Brown, Manager Engineering Services
P1543
Grand Island Council Session - 4/24/2012 Page 113 / 214
1
AGREEMENT
THIS AGREEMENT made and entered into this 24th day of April, 2012, by and between JEO CONSULTING
GROUP, INC. hereinafter called the Consultant, and the City of Grand Island, Nebraska, hereinafter called the
City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused agreement documents to be prepared and an
advertisement of a Request for Proposals for Professional Engineering Consulting Services for Geospatial
Data Collection of Grand Island’s Public Stormwater Conveyance System for the City of Grand Island, and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined that the aforesaid Consultant submitted the best proposal based on the
evaluation criteria listed in the Request For Proposals, a copy thereof being attached to and made a part of this
agreement, and has duly awarded to the said Consultant an agreement therefore, for the sum or sums named in the
Geospatial Data Collection Proposal Form with terms & conditions submitted by the Consultant, a copy thereof
being attached to and made a part of this agreement;
NOW, THEREFORE, in consideration of the compensation to be paid to the Consultant and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and
the Consultant for itself, himself, or themselves, and its, his (hers), or their successors, as follows:
ARTICLE I. That the Consultant 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 agreement documents as listed in the attached
Request for Proposals for Professional Engineering Consulting Services for Geospatial Data Collection of
Grand Island’s Public Stormwater Conveyance System for the City of Grand Island and in the attached
Geospatial Data Collection Proposal Form as Submitted by the Consultant; said documents forming the
agreement 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 agreement to the said Consultant,
such award being based on the acceptance by the City of the Consultant's proposal;
ARTICLE II. That the City shall pay to the Consultant for the performance of the work embraced in this
agreement and the Consultant will accept as full compensation therefore the sum (subject to adjustment as
provided by the agreement) of FORTY FOUR THOUSAND THREE HUNDRED TWENTY NINE 00/100
Dollars ($44,329.00) for all services, materials, and work covered by and included in the agreement award and
designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner
provided in the agreement.
ARTICLE III. The Consultant 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 consultant 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 Consultant. 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 Consultant shall not acquire title to any materials
and supplies incorporated into the project. All invoices shall bear the consultant'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
Grand Island Council Session - 4/24/2012 Page 114 / 214
2
Consulting Services for Geospatial Data Collection AGREEMENT
of Grand Island’s Public Stormwater Conveyance System (Continued)
finished product of attached Request for Proposals for Professional Engineering Consulting Services for
Geospatial Data Collection of Grand Island’s Public Stormwater Conveyance System for the City of Grand
Island.
ARTICLE IV. That the Consultant shall start work as soon as possible after the agreement is signed.
ARTICLE V. The Consultant agrees to comply with all applicable State fair labor standards in the execution of
this agreement as required by Section 73-102, R.R.S. 1943. The Consultant 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 agreement, the Consultant and all Sub Consultants agree
not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national
origin, age or disability. The Consultant agrees to comply with all applicable Local, State and Federal rules and
regulations.
ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on
the following September 30th. It is understood and agreed that any portion of this agreement which will be
performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations
sufficient to fund such performance.
ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer,
give, or agree to give any City employee or former City employee, or for any City employee or former City
employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of
employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part
of a program requirement or a purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any
program requirement or an agreement or sub agreement, 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 Sub Consultant
under an agreement to the prime Consultant or higher tier Sub Consultant or any person associated therewith, as
an inducement for the award of a Sub Consultant to order.
ARTICLE VIII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate
against any employee or applicant for employment because of age, race, color, religious creed, ancestry,
handicap, sex or political affiliation.
ARTICLE IX. LB 403: Every public consultant and his, her or its subconsultants who are awarded an
agreement by the City for the physical performance of services within the State of Nebraska shall register with
and use a federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
Grand Island Council Session - 4/24/2012 Page 115 / 214
3
Consulting Services for Geospatial Data Collection AGREEMENT
of Grand Island’s Public Stormwater Conveyance System (Continued)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above
written.
JEO CONSULTING GROUP, INC.
By
Title
CITY OF GRAND ISLAND, NEBRASKA,
By
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
The agreement is in due form according to law and is hereby approved.
Jason Eley, Asst. City Attorney
Grand Island Council Session - 4/24/2012 Page 116 / 214
4
APPENDIX A – TITLE VI NON-DISCRIMINATION -
During the performance of this agreement, the consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "consultant") agrees as follows:
(1)Compliance with Regulations: The consultant shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter
“FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
this agreement.
(2)Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall
not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the
selection and retention of subconsultants, including procurements of materials and leases of equipment. The
consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,
section 21.5 of the Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the Regulations.
(3)Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the consultant for work to be performed
under a subagreement, including procurements of materials or leases of equipment, each potential
subconsultant or supplier shall be notified by the consultant of the consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin, sex, age, and disability/handicap.
(4)Information and Reports: The consultant shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a consultant is in the exclusive possession of another who fails or refuses to furnish
this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and
shall set forth what efforts it has made to obtain the information.
(5)Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination
provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(a.)withholding of payments to the consultant under the agreement until the consultant complies, and/or
(b.)cancellation, termination or suspension of the agreement, in whole or in part.
(6)Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in
every subagreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
The consultant shall take such action with respect to any subagreement or procurement as the City of Grand
Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with,
litigation with a subconsultant or supplier as a result of such direction, the consultant may request the City of
Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the
consultant may request the United States to enter into such litigation to protect the interests of the United States.
Grand Island Council Session - 4/24/2012 Page 117 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-105
WHEREAS, the City Of Grand Island invited proposals for consulting services
for Geospatial Data Collection of Grand Island’s Storm Water System, according to the Request
For Proposals (RFP) on file with the Engineering Division of the Public Works Department; and
WHEREAS, on March 27, 2012 proposals were received, reviewed, and
evaluated in accordance with established criteria in the RFP; and
WHEREAS, JEO Consulting Services, Inc of Grand Island, Nebraska submitted a
proposal in accordance with the terms of the Request for Proposals and all statutory requirements
contained therein and the City Procurement Code with the work performed at $50.00 each for
886 units for a total of $44,329.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of JEO Consulting
Services, Inc of Grand Island, Nebraska for consulting services for Geospatial Data Collection of
Grand Island’s Stormwater System is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 118 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G7
#2012-106 - Approving Supplemental Agreement No. 1 with NDOR
and Olsson Associates for Engineering Consulting Services Related
to 3rd Street & Wheeler Avenue Historical Lighting Improvements
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/24/2012 Page 119 / 214
Council Agenda Memo
From:Scott Griepenstroh, Project Manager
Meeting:April 24, 2012
Subject:Approving Supplemental Agreement No. 1 with NDOR
and Olsson Associates for Engineering Consulting
Services Related to 3rd Street & Wheeler Avenue
Historical Lighting Improvements
Item #’s:G-7
Presenter(s):John Collins, Public Works Director
Background
All agreements must be approved by the City Council.
City Council approved an agreement between the City and the Nebraska Department of
Roads (NDOR) on May 24, 2011 for this project. The Project Program Agreement
between the City Of Grand Island and NDOR specifies the various duties and funding
responsibilities of this Federal-aid project. The Downtown Business Improvement
District will provide local matching funds (20%) through funding awarded by the
Community Redevelopment Authority in March 2011, with no City funds allocated to
this project.
On September 27, 2011, by Resolution No. 2011-279 the City entered into an agreement
with Olsson Associates for engineering consulting services for the Grand Island 3rd Street
& Wheeler Avenue Historical Lighting project. The work was to be performed at actual
costs with a maximum amount of $43,372.55, plus a fixed-fee-for-profit amount of
$5,703.65, for a total agreement amount of $49,076.20. The fixed-fee is computed upon
the direct labor or wage costs, indirect labor costs, indirect-non-labor costs, and direct
payroll additives.
Discussion
The original agreement with Olsson Associates and the City is now being supplemented
to allow for the following additional services.
Replace the deteriorated brick paver strip with old street pavers to upgrade
walkway conditions and embellish historical appearance;
Grand Island Council Session - 4/24/2012 Page 120 / 214
Replace additional sidewalk areas that are deteriorated and were not contemplated
in the Original Agreement
The original agreement is amended and the fixed-fee-for-profit is increased from
$5,703.65 to $6,047.54, an increase of $343.89. Actual costs are increased from
$43,372.55 to $45,919.92, an increase of $2,547.37. The total agreement amount is
increased from $49,076.20 to $51,967.46, an increase of $2,891.26 which the Consultant
must not exceed without the prior written approval of the LPA.
The Downtown Business Improvement District will provide local matching funds (20%)
through funding awarded by the Community Redevelopment Authority in March 2011.
The local estimated share will increase from $9,815.24 to $10,393.50, an increase of
$578.26.
Olsson Associates is currently seeking environmental clearance and developing plans and
specifications. Construction is scheduled to start in the fall of 2012 or spring of 2013.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the Council approve a resolution authorizing the
Mayor to sign the Supplemental Agreement No. 1.
Sample Motion
Move to approve the resolution.
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Grand Island Council Session - 4/24/2012 Page 125 / 214
Grand Island Council Session - 4/24/2012 Page 126 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-106
WHEREAS, on May 24, 2011, by Resolution No. 2011-126 the Grand Island City
Council approved entering into an agreement with the Nebraska Department of Roads for the Grand
Island 3rd Street & Wheeler Avenue Historical Lighting Improvements project to specify the various
duties and funding responsibilities of this Federal-Aid project.; and
WHEREAS, on September 27, 2011, by Resolution No. 2011-279 the Grand Island
City Council approved entering into an agreement with Olsson Associates for engineering consulting
services for such project; and
WHEREAS, the work was to be performed at actual costs with a maximum amount
of $43,372.55, plus a fixed-fee-for-profit amount of $5,703.65, for a total agreement amount of
$49,076.20, and
WHEREAS, the original agreement is now being supplemented to allow for the
replacement of all the pavers with old street pavers and to replace additional sidewalk areas, not
contemplated in the Original Agreement; and
WHEREAS, the original agreement is amended and the fixed-fee-for-profit is
increased from $5,703.65 to $6,047.54, an increase of $343.89. Actual costs are increased from
$43,372.55 to $45,919.92, an increase of $2,547.37. The total agreement amount is increased from
$49,076.20 to $51,967.46, an increase of $2,891.26; and
WHEREAS, the Downtown Parking District’s share for preliminary engineering,
right-of-way, utilities and construction engineering costs for this project are estimated to be
$10,393.50; and
WHEREAS, Supplemental Agreement No. 1 to the original agreement with Olsson
Associates is required to proceed with this project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Supplemental Agreement No. 1 with Olsson
Associates for engineering consulting services related to Grand Island 3rd Street & Wheeler Avenue
Historical Lighting Improvements project is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 127 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G8
#2012-107 - Approving Contract Amount Correction to Resolution
2011-245; Bid Award to Midlands Contracting, Inc. of Kearney,
NE for 2011-MH Rehab-1 Sanitary Sewer Manhole Rehabilitation
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/24/2012 Page 128 / 214
Council Agenda Memo
From:Fred Tustin, Wastewater Collections System Supervisor
Meeting:April 24, 2012
Subject:Approving Contract Amount Correction to Resolution
2011-245; Bid Award to Midlands Contracting, Inc. of
Kearney, NE for 2011-MH Rehab-1 Sanitary Sewer
Manhole Rehabilitation
Item #’s:G-8
Presenter(s):John Collins, Public Works Director
Background
On September 13, 2011 City Council approved, by Resolution 2011-245, the bid award to
Midlands Contracting, Inc. of Kearney, Nebraska for the rehabilitation of santiary sewer
manholes; Project No. 2011-MH Rehab-1, in the amount of $151,809.00.
Discussion
In calculating the bid submitted by Midlands Contracting, Inc. the actual total is higher
than what was submitted. A math error was found in Bid Item #1 for a difference of
$1,460.00. With the correction to Midlands Contracting, Inc.’s bid they are still the
lowest responsible bidder for Project No. 2011-MH Rehab-1, with a corrected bid amount
of $153,269.00.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Grand Island Council Session - 4/24/2012 Page 129 / 214
Recommendation
City Administration recommends that the Council approve the correct bid award of
$153,269.00 to Midlands Contracting, Inc. for Project No. 2011-MH Rehab-1.
Sample Motion
Move to approve correct bid award for Project No. 2011-MH Rehab-1.
Grand Island Council Session - 4/24/2012 Page 130 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-107
WHEREAS, on September 13, 2011, by Resolution 2011-245, the City Council of
the City of Grand Island awarded the bid to Midlands Contracting, Inc. of Kearney, Nebraska for
rehabilitation of sanitary sewer manholes; Project No. 2011-MH Rehab-1; and
WHEREAS, Resolution 2011-245 incorrectly stated the bid award to be
$151,809.00; and
WHEREAS, it is necessary to amend Resolution 2011-245 to award the bid in the
correct amount of $153,269.00 to Midlands Contracting, Inc. for rehabilitation of sanitary sewer
manholes; Project No. 2011-MH Rehab-1.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Resolution 2011-245 is hereby
amended to correct the bid award amount to $153,269.00 to Midlands Contracting, Inc. of
Kearney, Nebraska for rehabilitation of sanitary sewer manholes; Project No. 2011-MH Rehab-1.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 131 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G9
#2012-108 - Approving Amending the CANDO Inter-local
Agreement
Original document is being circulated for signatures and will be available at a later date for Mayor's
signature.
Staff Contact: Steven Lamken
Grand Island Council Session - 4/24/2012 Page 132 / 214
Council Agenda Memo
From:Steven Lamken, Police Chief
Meeting:April 24, 2012
Subject:Amending of the CANDO Inter-local Agreement
Item #’s:G-9
Presenter(s):Steven Lamken
Background
The Grand Island Police Department has been a member of the Compact for the
Apprehension of Narcotic Dealers and Offenders, CANDO, since the 1980’s. A change
in staffing at the Phelps County Sheriff’s Office requires that we amend the inter-local
agreement to reflect the changes.
Discussion
CANDO is a regional compact that targets enforcement towards street and lower level
drug dealers. CANDO has received Federal grant funding to support operations including
buy money, informant payments and officer overtime. Grand Island has been a member
of the compact since its inception. Grand Island has an investigator assigned to work
CANDO drug cases and we receive operational and overtime funds from the Compact.
The Compact amended the Inter-local agreement in 2010 to provide for the support of a
full time drug investigator with the Phelps County Sheriff’s Office. Since that time, a new
Sheriff has taken office and the investigator left the agency. The Sheriff does not wish to
continue to contract to support the investigator’s position.
The proposed amendment removes language referencing the Phelps County investigator
and returns the inter-local agreement to what it was prior to 2010. The Compact agencies
including the GIPD will still continue in their drug enforcement efforts but there will not
be a full time investigator with Phelps County.
A copy of the 2010 Inter-local and the proposed amendment are provided.
Grand Island Council Session - 4/24/2012 Page 133 / 214
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 amendment to the
CANDO Inter-local Agreement.
Sample Motion
Move to amend and authorize the Mayor to sign the CANDO Inter-local Agreement.
Grand Island Council Session - 4/24/2012 Page 134 / 214
ADDENDUM TO
INTER-LOCAL COOPERATION ACT AGREEMENT
COMPACT FOR APPREHENSION OF NARCOTICS
DEALERS AND OFFENDERS (C.A.N.D.O.)
Page 1 of 3 pages
The Interlocal Cooperation Act Agreement for the Compact for Apprehension of
Narcotics Dealers and Offenders (C.A.N.D.O.) Drug Task Force was adopted on or about
January 1, 2010 (see attached).
Due to the loss of the contracted full-time drug investigator through the Phelps County
Sheriff’s Office, the Inter-local Cooperation Act Agreement for the Compact for Apprehension
of Narcotics Dealers and Offenders (C.A.N.D.O.) is hereby amended by deleting the following
paragraphs:
5. The compact, through the C.A.N.D.O. Project Director/Coordinator
or Assistant Director/Coordinator, will contract with the Phelps
County Sheriff’s Office for a full-time drug investigator who will
carry out investigations pertaining to the illegal use and distribution
of controlled substances on a full-time basis throughout the geo-
graphic territory of the member agencies but who will place
greatest primary emphasis in the counties of Kearney, Franklin
and Phelps; and the cities of Minden, Franklin and Holdrege. This
position is guaranteed through December 31, 2011; and its continuance
will be reviewed on a yearly basis after that time.
6. The C.A.N.D.O. Drug Investigator contracted through the Phelps County
Sheriff’s Office shall have the power and authority to enforce the laws
of the State of Nebraska and to perform the functions of his or her office
anywhere within the geographic territory of any party (C.A.N.D.O.
agency) while so contracted.
7. At all times while serving as the contracted C.A.N.D.O. Drug Investigator,
this individual shall remain the employee of the Phelps County Sheriff’s
Office. The Phelps County Sheriff’s Office shall provide liability
insurance and indemnification for its own personnel as provided by
Neb.Rev.Stat. §13-1802.
8. It is the responsibility of the C.A.N.D.O. Drug Investigator and/or his or
her departmental supervisor to promptly and accurately complete all
required forms and reports and insure that these and investigatory reports
are forwarded to the Chief Project Director/Coordinator in a timely and
regular fashion.
All other terms and conditions of the Inter-local Cooperation Act Agreement dated
January 1, 2010, shall remain in full force and effect.
Dated this 9th day of April, 2012.
Grand Island Council Session - 4/24/2012 Page 135 / 214
ADDENDUM TO
INTER-LOCAL COOPERATION ACT AGREEMENT
COMPACT FOR APPREHENSION OF NARCOTICS
DEALERS AND OFFENDERS (C.A.N.D.O.)
Page 2 of 3 pages
_______________________________ _____________________________
Chairperson, Adams County Board Adams County Sheriff’s Office
of Supervisors Sheriff Gregg Magee
_______________________________ _____________________________
Chairperson, Buffalo County Board Buffalo County Sheriff’s Office
of Supervisors Sheriff Neil Miller
_______________________________ _____________________________
Chairperson, Phelps County Board Phelps County Sheriff’s Office
of Supervisors Sheriff Gene Samuelson
_______________________________ _____________________________
Chairperson, Hall County Board Hall County Sheriff’s Office
of Supervisors Sheriff Jerry Watson
_______________________________ _____________________________
Chairperson, Kearney County Board Kearney County Sheriff’s Office
of Supervisors Sheriff Scott White
_______________________________ _____________________________
Chairperson, Franklin County Board Franklin County Sheriff’s Office
of Supervisors Sheriff Jerry Archer
_______________________________ _____________________________
Mayor, City of Hastings City of Hastings Police Chief
Larry Thoren
_______________________________ _____________________________
Mayor, City of Kearney City of Kearney Police Chief
Dan Lynch
_______________________________ _____________________________
Mayor, City of Holdrege City of Holdrege Police Chief
Dennis DeMoude
_______________________________ _____________________________
Mayor, City of Grand Island City of Grand Island Police
Chief Steve Lamken
Grand Island Council Session - 4/24/2012 Page 136 / 214
ADDENDUM TO
INTER-LOCAL COOPERATION ACT AGREEMENT
COMPACT FOR APPREHENSION OF NARCOTICS
DEALERS AND OFFENDERS (C.A.N.D.O.)
Page 3 of 3 pages
_______________________________ _____________________________
Mayor, City of Minden City of Minden Police Chief
Jim Huff
_______________________________ _____________________________
Mayor, City of Franklin City of Franklin Police Chief
Bryon Detlefsen
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Grand IslandCouncil Session - 4/24/2012Page 141 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-108
WHEREAS, the City of Grand Island has been a member of the Compact for the
Apprehension of Narcotics Dealers and Offenders, CANDO, and
WHEREAS, the Compact for the Apprehension of Narcotics Dealers and
Offenders has been a valuable resource to the City of Grand Island in conducting drug
enforcement efforts; and
WHEREAS, the Phelps County Sheriff’s Office no longer employs an
investigator supported by CANDO; and
WHEREAS, the Inter-local Agreement for CANDO requires amending to reflect
this change:
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA,
That the Compact for the Apprehension of Narcotics Dealers and Offenders Inter-local
Agreement be amended as presented.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 142 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G10
#2012-109 - Approving Contract for Concession Stand Operations
at the Veteran's Athletic Field Complex
Staff Contact: Steve Paustian
Grand Island Council Session - 4/24/2012 Page 143 / 214
Council Agenda Memo
From:Steve Paustian, Park and Recreation Director
Meeting:April 24, 2012
Subject:Concession Stand Contract Award Veterans Athletic
Field Complex
Item #’s:G-10
Presenter(s):Steve Paustian, Park and Recreation Director
Background
On March 7, 2012 a request for proposals to operate the concession stand at the Veteran’s
Athletic Field Complex was advertised. Three proposals were received. The three
proposals came from Jose Ramos, Tim and Kathy Jakubowski and Rathjen & Son
Enterprises, Inc. dba The Snow. Mr. Ramos later withdrew his proposal stating health
issues would limit his ability to perform the required tasks.
Discussion
The two remaining proposals have been reviewed by staff. The Snow proposal meets all
requirements as stated in the RFP and their proposal offers to pay the City 8% of the
gross for the right to provide the concession services. The proposal provided by Tim and
Kathy Jakubowski took exception to the insurance requirements and offered the City 2%
of net for the right to provide the concession services.
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 - 4/24/2012 Page 144 / 214
Recommendation
City Administration recommends that the Council award the concession rights to Rathjen
and Son Enterprises, Inc. dba The Snow.
Sample Motion
Move to approve the contract with Rathjen and Son Enterprises Inc. dba The Snow for
concession stand operation for the 2012 softball season at the Veterans Athletic Field
Complex.
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CONTRACT AGREEMENT
THIS AGREEMENT made and entered into this 24th day of April, 2012 by and between RATHJEN & SON
d/b/a THE SNOW, 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 an advertisement calling for proposals to be
published, for CONCESSION STAND OPERATIONS AT THE VETERANS ATHLETIC FIELD COMPLEX;
and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive and
responsible proposal, and has duly awarded to the said Contractor a contract therefore, for the sum or sums
named in the Contractor's proposal, with exception regarding the City’s share of gross receipts, a copy
thereof being attached to and made a part of this contract;
NOW, THEREFORE, in consideration 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 materials, services and facilities; (b) furnish all materials, supplies and equipment specified and
required in 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 Request for Proposals, 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 proposal;
ARTICLE II. That the Contractor shall pay to the City for the covenants embraced in this contract and the
City will accept as full compensation therefore the sum of 8% (eight percent) of all gross receipts received
from sales at the Veteran’s Athletic Field Complex 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 on an annual basis, by or before the 1st day of November 2012 to the City.
ARTICLE III. The Contractor hereby agrees to monitor the restroom materials and supplies for the City for
this project. The City shall be obligated to supply the restrooms with materials and supplies.
ARTICLE IV. That the Contractor shall start work as soon as possible after a written notice to proceed has
been delivered by the Director of Parks and Recreation and the required insurance is approved. The
Contractor shall work during scheduled league games and at such other times as the Contractor deems
appropriate, however, Contractor may not at any time work at the Veteran’s Athletic Field Complex outside
of the parks’ hours of operation. The City will provide the Contractor with a schedule of league activities.
The City retains the right to cancel this contract at any time for the sole convenience of the City without
penalty.
Grand Island Council Session - 4/24/2012 Page 153 / 214
ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution
of this contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with
the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment
Compensation Fund of the State of Nebraska. During the performance of this contract, the contractor and
all subcontractors agree not to discriminate in hiring or any other employment practice on the basis of race,
color, religion, sex, national origin, age or disability.
The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. Every
public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical
performance of services within the State of Nebraska shall register with and use a federal immigration
verification system to determine the work eligibility status of new employees physically performing services
within the State of Nebraska.
ARTICLE VI. City Code states that it is unethical for any person to offer, give or agree to give any City
employee or former City employee, or for any City employee or former City employee to solicit, demand,
accept, or agree to accept from another person, a gratuity or an offer of employment in connection with
any decision, approval, disapproval, recommendation, or preparation of any part of a program
requirement or a purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to
any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall
be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a
subcontractor under a contract to the prime contractor or higher tier subcontractor or any person
associated therewith, as an inducement for the award of a subcontract or order.
ARTICLE VII. This agreement shall expire November 1, 2012 after execution.
ARTICLE VIII. The Contractor agreems to comply with insurance requirements in the execution of this
contract as required by City Code.
IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement as of the date and
year first above written.
Contractor
By
Title
Contact Phone Contact Address
Contact Fax Date
Grand Island Council Session - 4/24/2012 Page 154 / 214
CITY OF GRAND ISLAND, NEBRASKA,
By ____________________________________Date
Mayor
Attest:
City Clerk
The contract and insurance requirements are in due form according to law and are hereby approved.
Date
Attorney for the City
Grand Island Council Session - 4/24/2012 Page 155 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-109
WHEREAS, the Parks and Recreation Department of the City of Grand Island
invited sealed proposals for Concession Stand Operations at the Veteran’s Athletic Field
Complex; and
WHEREAS, on March 21, 2012, three (3) proposals were received and reviewed;
and
WHEREAS, Rathjen & Son Enterprises, Inc., DBA: The Snow of Grand Island,
Nebraska submitted a proposal in accordance with the terms of the advertisement for proposals.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Rathjen & Son
Enterprises, Inc., DBA: The Snow of Grand Island, Nebraska, is hereby accepted and approved
as the lowest responsive proposal submitted, and that the contract by and between the City and
the Vendor be and hereby is approved, and the Mayor is authorized to sign such contract on
behalf of the City.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 156 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G11
#2012-110 - Approving Lease Agreement for the Ashton Street Ball
Field
Staff Contact: Steve Paustian
Grand Island Council Session - 4/24/2012 Page 157 / 214
Council Agenda Memo
From:Steve Paustian, Parks and Recreation Director
Meeting:April 24, 2012
Subject:Authorization to Lease the Ashton Street Ball Field with
Grand Island Riverdogs Baseball Program
Item #’s:G-11
Presenter(s):Steve Paustian, Parks and Recreation Director
Background
The Ashton Street Ball Field has been a part of the Parks Department inventory for over
30 years. Currently there is one field developed for play. The field is currently used by
the Grand Island Riverdogs Baseball Program and the Grand Island Senior High Baseball
team for practice.
Representatives of the Riverdogs Baseball Program approached the Parks and Recreation
Department inquiring about leasing the Ashton Street Ball Field for their exclusive use
and control. In conversations with representatives of the Riverdogs Baseball Program and
Grand Island Senior High representatives a lease of the field by the Riverdogs with
allowances for Senior High usage seemed possible.
Discussion
At the March 20th study session Council was asked to consider leasing the Ashton Street
Ball Field. Permission was granted and a Request for Proposals was advertised on March
7th. One proposal was received. The Grand Island Riverdogs Baseball Program submitted
the proposal. A copy of the proposal is available in the City Clerk’s Office for Council
review. The proposal allows for field use by the Grand Island Senior High Baseball
program. The proposal also outlines improvements the program would be willing to make
over the next five years including adding soil conditioner to the infield, replacing the
backstop and modifying the infield irrigation to accommodate 80 ft. or 90 ft. bases. The
proposal further states the Riverdogs Baseball Program would be responsible for field
maintenance including mowing, fertilizing, sprinkler repair and general up keep. This
would reduce the amount of time and money the Park Maintenance Division would spend
on the Ashton Street Ball Field.
Grand Island Council Session - 4/24/2012 Page 158 / 214
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1.Move to approve
2.Refer the issue to a Committee
3.Postpone the issue to future date
4.Take no action on the issue
Recommendation
City Administration recommends that the City Council approve the resolution and enter
into a lease agreement with the Grand Island Riverdogs Baseball Program.
Sample Motion
Move to enter into a lease agreement with the Grand Island Riverdogs Baseball Program
for the use of the Ashton Street Ball Field.
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LEASE AGREEMENT
This Lease Agreement made between the CITY OF GRAND ISLAND, NEBRASKA, a
Municipal Corporation, hereinafter called the “Lessor” and the GRAND ISLAND
RIVERDOGS, hereinafter called the “Lessee”.
WITNESSETH:
I.
That, in consideration of the covenants herein contained on the part of the Lessee to be
observed and performed, the Lessor does hereby demise and lease unto the Lessee all that tract
and parcel of land and improvements described as the Ashton Street Baseball Field bordered by
Ashton, Oak, and Vine Streets in Grand Island, Hall County, Nebraska.
To have and to hold said premises unto Lessee for a term of five (5) years beginning
May 1, 2012 with a renewal option for an additional five (5) year lease at the conclusion of the
first lease as stated previously. That the Lessee agrees to make all reasonable efforts with the
Grand Island Senior High School (GISH) to provide GISH’s baseball team access to the field as
a practice facility. It is expressly understood and agreed by and between the parties that either
party shall have the absolute right to provide to the other party ninety (90) days written notice to
terminate the lease without any cause, at any time during the five (5) year period.
Lessee shall pay as rent therefore the sum of One Dollar ($1.00) per month or Twelve
Dollars ($12.00) per year due and payable beginning on the first day of May, 2012, and on the
first day of May for each year thereafter.
II.
The Lessee, for themselves, does hereby covenant with the Lessor:
a.That the Lessee will pay the said rent at the times and the manner aforesaid,
except only in the case of fire or other unavoidable casualty as hereinafter
provided.
b.The Lessee will not allow for any liens or encumbrances to be placed upon the
property or improvements of the Lessor.
c.The Lessee shall provide a comprehensive general public liability insurance
policy in the amount of at least One Hundred Thousand Dollars ($100,000.00) for
one (1) person and Three Hundred Thousand Dollars ($300,000.00) for any one
(1) accident involving injury to more than one (1) person, and property damage of
not less than Fifty Thousand Dollars ($50,000.00) for any one (1) accident. The
Lessee shall list the Lessor as an additional insured on its general public liability
insurance policy.
Grand Island Council Session - 4/24/2012 Page 168 / 214
d.The Lessee will keep any structures and premises, including the plumbing and
heating and air conditioning in good repair, reasonable wear and tear and damage
by fire or other unavoidable casualty only excepted.
e.The Lessee will not injure, overload or deface or suffer to be injured, overload or
deface the premises or any part thereof.
f.The Lessee will not make or suffer any unlawful, improper, or offensive use of
the premises, or any use or occupancy thereof contrary to any law of this State or
any ordinance of the City now of hereafter made, or which shall be injurious to
any person or property, or which shall be liable to endanger or effect any
insurance on any structures or the premises except as such as Lessor shall in
writing approve.
g.The Lessee shall not assign, sublet or part with the possession of the whole or any
part of the leased premises without first obtaining the written consent of the
Lessor.
h.The Lessor, at any reasonable time, may enter to view the premises and to make
repairs which the Lessor may see fit to make, or show the premises to persons
who may wish to lease or buy the premises as Lessor may see fit.
i.That at the expiration of said lease term, the Lessee will peaceably yield up to the
Lessor the premises and all improvements made upon the same, in good repair in
all respects, reasonable use and wear and damage by fire or unavoidable
casualties excepted, as the same now are and may be put in by the parties.
j.No consent, express or implied by the Lessor to any breach of any of the Lessee’s
covenants shall be deemed to be a waiver of any succeeding breach of the same or
any other covenant.
III.
It is also agreed, that in case the leased premises or any part thereof shall at any time
during the said term be destroyed or damaged by fire or other unavoidable casualty so as to be
unfit for occupancy and use, and so that the premises cannot be rebuilt or restored by the Lessor
within one hundred twenty (120) days thereafter, then and in that case this Lease Agreement
shall end.
IV.
Lessee agrees that it will not discriminate against any employee or applicant for
employment to be employed in the performance of this Lease Agreement, with respect to his
hire, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly
related to employment because of his race, color, religion, national origin or ancestry. The
2Grand Island Council Session - 4/24/2012 Page 169 / 214
Lessee further agrees to maintain a drug free environment at all times on the leased premises.
Breach of this covenant may be regarded as a material breach of the Lease Agreement.
V.
Lessee agrees that baseball shall remain the main focus of the Ashton Street Baseball
Field.
The Lessee agrees that during the first five (5) years of the lease it shall make the
following improvements to the premises:
Add gates to the perimeter fence and close open gaps in the fence;
Add an age appropriate backstop to catch foul balls;
Add infield surface conditioner (Agriline or Turf Ace);
Regrade and resod the infield; and
Retrofit the irrigation system in the infield to make it adaptable to eighty
(80) and ninety (90) feet bases.
The Lessee further agrees that during any second five (5) year lease it shall make the
following improvements to the premises:
Acquire a portable pitcher’s mound;
Improve and/or replace the left field fencing;
Improve and/or replace the dugouts covering;
Construct a maintenance building.
Lessee agrees that it shall be responsible for all landscape maintenance, including all
mowing, fertilizer, sprinklers, and general upkeep. The Lessor shall be responsible for providing
electricity, water, and garbage removal for the premises. Any landscaping modifications may be
performed by Lessee upon obtaining written consent from the Director of the Parks and
Recreation Department.
VI.
All terms, notices of default, termination, and insurance coverage requirements outlined
in any other portion of this lease shall be binding for any renewal or extension of the lease unless
specifically waived in writing by the parties.
VII.
Lessee agrees to indemnify the Lessor for any claim made by the Lessee’s employees or
by any other persons, for personal injury or property damage arising out of the Lessee’s use of
equipment on the premises or equipment brought onto the premises after the commencement of
this Lease Agreement, which Lessee agrees to accept at all times during the term of this
Agreement as is, where is, and the Lessor has no responsibility for its condition or state of repair.
Lessee agrees not to remove from the Lessor’s premises any equipment or property located on
3Grand Island Council Session - 4/24/2012 Page 170 / 214
the leased premises at the commencement of this Lease, except as authorized in writing by the
Lessor.
VIII.
Before exercising any remedies for breach, default or failure to perform under this Lease
Agreement, the defaulting party shall be given thirty (30) days written notice of such default or
failure to perform. If the act is such that it cannot be cured within a thirty (30) day period, this
period may be extended upon written agreement of the parties, providing that the defaulting
party commences to cure such default within said 30 day period and proceeds diligently
thereafter to effect such cure.
IX.
In the event either party institutes legal proceedings against the other for breach of this
Lease Agreement, the party against whom a judgment is entered shall pay all reasonable costs
and expenses relative thereto, including reasonable attorney fees.
IN WITNESS WHEREOF, the parties hereby have executed this Lease Agreement.
Attest:CITY OF GRAND ISLAND, NEBRASKA,
A Municipal Corporation, Lessor
________________________________ By:___________________________________
RaNae Edwards, City Clerk Jay Vavricek, Mayor
GRAND ISLAND RIVERDOGS,
Lessee
By:_______________________________________
4Grand Island Council Session - 4/24/2012 Page 171 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-110
WHEREAS, the Parks and Recreation Department of the City of Grand Island
invited sealed proposals for the leasing of Ashton Street Ball Field; and
WHEREAS, on April 17, 2012, one (1) proposal was received and reviewed; and
WHEREAS, the Grand Island Riverdogs in Grand Island, Nebraska, submitted a
proposal in accordance with the terms of the request for proposal being a five-year lease with
five additional one (1) year renewal options containing a financial commitment for annual
improvements to the facility; and
WHEREAS, a Lease Agreement has been reviewed and approved by the City
Attorney’s office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Grand Island
Riverdogs for management and operation of the Ashton Street Ball Field is hereby accepted.
BE IT FURTHER RESOLVED, that the Mayor be, and hereby is, authorized and
directed to sign on behalf of the City of Grand Island, a Lease Agreement by and between the
City and the Grand Island Riverdogs, for such project.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 172 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G12
#2012-111 - Approving Amendment No. 1 to the Agreement for
Professional Engineering Services entitled “Wastewater Treatment
Plant and Collection System Rehabilitation” with Black & Veatch
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/24/2012 Page 173 / 214
Council Agenda Memo
From:Terry Brown, Manager of Engineering Services
Meeting:April 24, 2012
Subject:Approving Amendment No. 1 to the Agreement for
Professional Engineering Services entitled “Wastewater
Treatment Plant and Collection System Rehabilitation”
with Black & Veatch
Item #’s:G-12
Presenter(s):John Collins, Public Works Director
Background
On October 4, 2011 City Staff, along with the engineering firm Black & Veatch of
Kansas City, Missouri, presented the background on the need of the rehabilitation and the
contractual process for this project.
City Council approved the initial agreement with Black & Veatch on October 11, 2011
for project management, collection system master planning and conceptual designs for
the Northeast Interceptor sewer, Collection System rehabilitation and Wastewater
Treatment rehabilitation.
Discussion
A significant effort has been accomplished with the initial agreement. Amendment No. 1
to this agreement is necessary to continue design effort to final design and bidding on all
rehabilitation projects listed in the capital improvements plan and rate study. The
attached table and agreement outline the estimated hours per task and not to exceed fee.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
Grand Island Council Session - 4/24/2012 Page 174 / 214
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 Amendment No. 1 to the
original agreement with Black & Veatch of Kansas City, Missouri and pass a Resolution
authorizing the Mayor to sign the amendment.
Sample Motion
Move to approve the resolution.
Grand Island Council Session - 4/24/2012 Page 175 / 214
TOTAL HOURS TOTAL COST
North Interceptor
Phase 1A - Seedling Mile Road to WWTP
Preliminary Design Phase 1A North Int-Seedling Mile Rd to WWTP 1068 $143,577
90% Contract Documents Phase 1A North Int-Seedling Mile Rd to WWTP 188 $32,825
Final Contract Documents Phase 1A North Int-Seedling Mile Rd to WWTP 156 $22,736
Bidding Services Phase 1A North Int-Seedling Mile Rd to WWTP 76 $12,802
Subtotal Phase 1A 1,488 $211,940
Phase 1B - 7th Street to Seedling Mile Road
Preliminary Design Phase 1B North Int-7th St to Seedling Mile Rd 720 $109,010
90% Contract Documents Phase 1B North Int-7th St to Seedling Mile Rd 220 $39,145
Final Contract Documents Phase 1B North Int-7th St to Seedling Mile Rd 180 $26,486
Bidding Services Phase 1B North Int-7th St to Seedling Mile Rd 72 $12,087
Subtotal Phase 1B 1,192 $186,728
Collection System Rehabilitation (LS #7, 4th-5th/Eddy-Vine, West & South Interceptor)
Lift Station 7 Rehabilitation
90% Contract Documents Collection System Rehab - LS #7 288 $35,453
Final Contract Documents Collection System Rehab - LS #7 120 $14,328
Bidding Phase Services Collection System Rehab - LS #7 168 $8,025
Subtotal Lift Station 7 Rehabilitation 576 $57,806
4th-5th/ Eddy -Vine Sewer Rehabilitation
90% Contract Documents Collection System Rehab - 4th-5th/Eddy-Vine 406 $40,509
Final Contract Documents Collection System Rehab - 4th-5th/Eddy-Vine St 144 $17,380
Bidding Phase Services Collection System Rehab - 4th-5th/Eddy-Vine St 140 $8,014
Subtotal 4th-5th/Eddy-Vine Sewer Rehabilitation 690 $65,903
West & South Interceptor Rehabilitation
90% Contract Documents Collection System Rehab - West & South Interceptor Rehab 206 $25,858
Final Contract Documents Collection System Rehab - West & South Interceptor Rehab 222 $15,546
Bidding Phase Services Collection System Rehab - West & South Interceptor Rehab 60 $6,843
Subtotal West & South Interceptor Rehabilitation 488 $48,247
WWTP Rehabilitation
30% Contract Document Development - WWTP Improvements 2623 $335,674
60% Contract Document Development - WWTP Improvements 3168 $399,817
90% Contract Document Development - WWTP Improvements 2978 $379,170
Final Contract Documents - WWTP Improvements 1481 $179,260
Bid Phase Services - WWTP Improvements 323 $45,530
Subtotal WWTP Rehabilitation 10,573 $1,339,451
Total, Hours 15,007
Total, Billings $1,910,075
Grand Island WWTP & Collection System Rehabilitation
Summary
April 18, 2012
Engineering Services Contract Amendment 1
Grand Island Council Session - 4/24/2012 Page 176 / 214
Page 1 of 15 Pages Amendment 1 to Agreement
for Professional Services
AMENDMENT NO. 1
TO AGREEMENT BETWEEN
CITY OF GRAND ISLAND
AND
BLACK & VEATCH CORPORATION
FOR PROFESSIONAL SERVICES
FOR
Consulting Engineering Services for the WWTP and Collection System Rehabilitation
THIS IS AN AMENDMENT made as of , 2012 to the agreement between City of
Grand Island (OWNER) and Black & Veatch Corporation (ENGINEER) dated October 17, 2011, and
entitled Consulting Engineering Services for the WWTP and Collection System Rehabilitation. OWNER
and ENGINEER agree to amend such Agreement as follows:
ARTICLE 4 – COMPENSATION
4.1 The total amount of payments for services and Reimbursable Expenses in accordance with
Attachment B-1, Compensation shall be changed from $1,121,160 (per Council Resolution 2011-307
dated October 11, 2011) to $3,031,235, representing an increase of $1,910,075.
ARTICLE 3 – SERVICES TO BE PERFORMED BY ENGINEER
The scope of services for this amendment includes the following services:
1. North Interceptor (7th Street to WWTP) – Preliminary Design, Final Design, and Bidding
Phase Services.
2. Collection System Rehabilitation – Final Design and Bidding Phase Services for the West
and South Interceptors, 4th to 5th Street/ Eddy to Vine Street, and Lift Station 7
3. WWTP Rehabilitation – Final Design and Bidding Phase Services
The Scope of Services as described in Attachment A – Scope of Services shall be amended to include
the following:
Task 3.1 – Preliminary Design – North Interceptor (7th Street to WWTP)
General
The scope of services for this amendment includes engineering services in connection with preliminary
design of the North Interceptor Sewer (7th Street to WWTP) as described in Technical Memorandum No.
4 dated February, 2012. As outlined in these documents, the scope of services is based on the following
additions, modifications, and/or changes to the North Interceptor:
Phase 1A – Seedling Mile Road to WWTP
1. Replacement of the existing 36-inch diameter concrete pipe. The existing pipe between Seedling
Mile Road and the WWTP will be abandoned.
Grand Island Council Session - 4/24/2012 Page 177 / 214
Page 2 of 15 Pages Amendment 1 to Agreement
for Professional Services
2. Design of approximately 3700 feet of 54-inch diameter interceptor sewer to increase capacity and
condition of the sewer.
3. Removal and replacement of an existing section of interceptor along Seedling Mile Road between
Museum Drive and Villa Mar Dee Avenue.
4. Design of a 670 foot service lateral south of Seedling Mile Road to connect to the south end of
Villa Mar Dee Avenue.
Phase 1B– 7th Street to Seedling Mile Road
1. Replacement of the existing 30-inch diameter concrete sewer pipe. The existing pipe will be
abandoned.
2. Design of approximately 4500 feet of 54-inch diameter interceptor sewer form 7th Street and
Geddes Road to Seedling Mile Road and Museum Drive.
3. Design of the interceptor sewer for one railroad crossing and a Highway 30 crossing.
It is assumed for purposes of this scope of services that no contaminated soils or groundwater will be
encountered. It is assumed that groundwater will be encountered and that groundwater mitigation will be
addressed in the design.
Task 3.1.1 – 60% Contract Design Development – Phase 1A
Task 3.1.2 - 60% Contract Design Development – Phase 1B
Objective: Prepare 60% contract documents for the North Interceptor (7th Street to WWTP) for Phase
1A- Seedling Mile Road to WWTP and Phase 1B – 7th Street to Seedling Mile Road.
Subtasks:
1. Conduct Preliminary Design Evaluations. Preliminary design evaluations will be prepared to
establish the final design pipeline alignment, verify existing utility information, identify
permitting requirements, review constructability, verify surface features, identify traffic and
public impacts, verify connection requirements to existing sewers, determine operational needs,
and establish final easement needs. Potholing may be required to verify location of buried
utilities. It is assumed that the CITY will provide equipment and crews for any needed field
potholing activities. The ENGINEER will verify survey locations and depths of potholed
utilities.
2. Conduct Route Survey:
a. North Interceptor Sewer – Phase 1A: Provide necessary field design surveys for the
preparation of construction drawings and specifications. Surveys will determine site
topography within 1 foot contours, pertinent utility locations within limits of new
facilities using survey data of visible above-ground features and professional judgment,
adjacent existing plant structures, buildings, and above grade facilities. The survey format
shall follow the CITY’s existing facility coordinate and elevation datum system using
three (3) established control points. Up to six (6) legal descriptions (Phase 1A) and one
Grand Island Council Session - 4/24/2012 Page 178 / 214
Page 3 of 15 Pages Amendment 1 to Agreement
for Professional Services
(1) legal description (Phase 1B) will be prepared for easement acquisition based on a 20
feet wide permanent easement and 100 feet wide temporary easement.
3. Conduct Geotechnical Services for North Interceptor Sewer – Phase 1A: Provide Engineering
services including exploratory work, laboratory and field testing, and professional guidance in
tests to be made at test locations based on preliminary drawings and designs and including
professional interpretations of exploratory and test data. The services will include:
a. Initial geotechnical exploratory work, such as soil borings, penetration tests, soundings,
subsurface explorations, laboratory tests of soils, rock formations, and other geophysical
phenomena which may be required to provide information for design, and other field and
laboratory tests and analyses which are required to provide design information.
b. An initial geotechnical report interpreting the data on the exploratory work and testing
and setting out the site conditions that can be anticipated from this initial exploratory
work.
4. Conduct Initial Site Assessment (ISA). As part of the due diligence for the Grand Island
Nebraska Northeast Interceptor study, ENGINEER will perform an environmental review to
identify potential or suspect contamination related to releases of petroleum products or hazardous
substances. The review would include a search of the “standard environmental record sources”
covering search distances and databases as defined in ASTM 1527-05. The review would also
include a site reconnaissance to inspect for obvious indicators of existing or potential releases of
petroleum products or hazardous substances. The site reconnaissance will be limited to
inspection from public right-of-ways as no landowner coordination is proposed at this time. The
deliverable for this review would be a letter report summarizing the activities performed,
findings, potential impacts to the project, and recommendations for further
investigation/assessment as necessary.
5. Prepare Final Design Memorandum. A final design memorandum will be prepared summarizing
the findings of the design evaluations, ISA, and the recommended final design criteria.
6. Prepare 60% Contract Documents. Preliminary plan and profile drawings will be prepared
showing pipeline depth, connections, and manhole locations. A specification outline will be
prepared.
7. Prepare 60% Estimate of Probable Construction Cost. Prepare 60% opinion of probable
construction cost based on documents. ENGINEER shall use past project experience, equipment
manufacturer’s quotes, and internal cost information to develop opinion of cost.
8. Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality
assurance/quality control review of the 60% contract documents.
9. Submit 60% Contract Documents. ENGINEER shall submit eight (8) copies of the 60% Design
Contract Documents to the CITY for review.
10. Conduct 60% Contract Documents Review Workshop. ENGINEER shall submit eight (8) copies
of the 60% Design Contract Documents to the CITY for review. Attend one (1) half day
workshop in Grand Island to review the documents with CITY Staff. All preliminary plan sets
Grand Island Council Session - 4/24/2012 Page 179 / 214
Page 4 of 15 Pages Amendment 1 to Agreement
for Professional Services
will be on 11-inch by 17-inch size paper at half scale. Engineer shall provide an updated opinion
of probable construction costs at the workshop.
Task 3.2 – Final Design – North Interceptor (7th Street to WWTP)
General
The scope of services for this amendment includes engineering services in connection with detailed
design and bidding of the Phase 1A and Phase 1B North Interceptor Sewer (7th Street to WWTP). As
outlined in these documents, the scope of services is based on the following additions, modifications,
and/or changes to the North Interceptor:
Phase 1A – Seedling Mile Road to WWTP
Phase 1B – 7th Street to Seedling Mile Road
Task 3.2.1 – 90% Contract Document Development
Task 3.2.1.1 – 90% Contract Documents Development – Phase 1A
Task 3.2.1.2 – 90% Contract Document Development – Phase 1B
Objective: Prepare 90% contract documents for the construction of the improvements identified herein.
Subtasks:
1. Contract Plans and Specifications.
a. Produce project drawings that shall include, but not limited to: Phase 1A and 1B.
b. 1) Title Sheet, 2) Site Plans (if applicable), 3) Legends and Symbols Lists, 4) Black & Veatch
Standard Detail Sheets, and 5) Construction Drawings 6) Plan and Profile Sheets as needed.
A total of approximately 8 drawings are anticipated in the final set of drawings for Phase 1A
and 8 drawings are anticipated in the final set of drawings for Phase 1B. It is anticipated that
all drawings will be submitted for review with the 90% review documents. Plans will be
prepared using B&V CAD standards.
c. Produce complete draft contract specifications document including: 1) CITY standard “front-
end” contract documents which include Table of Contents, Invitation to Bid, Instructions to
Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List
of Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska
Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and
Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident
project representative, 2) CITY’s forms, 3) Black & Veatch Division 1 specifications, and 4)
Black & Veatch Technical Specifications.
2. Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality
assurance/quality control review of the 90% contract documents.
3. 90% Design Development Review Workshop. ENGINEER shall submit eight (8) copies of the
90% Design Contract Documents to the CITY for review. Attend one (1) half day workshop in
Grand Island to review the documents with CITY Staff. All preliminary plan sets will be on 11-
inch by 17-inch size paper at half scale. Engineer shall provide an updated opinion of probable
construction costs at the workshop.
Task 3.2.2 – Final Contract Documents
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Page 5 of 15 Pages Amendment 1 to Agreement
for Professional Services
Task 3.2.2.1 – Final Contract Documents Phase 1A
Task 3.2.2.2 – Final Contract Documents Phase 1B
Objective: Finalize contract documents for the construction of the PROJECT by a single General
Contractor bidding on a unit price basis for one Phase 1A bid package and one Phase 1B bid package.
Subtasks:
1. Contract Plans and Specifications. Integrate CITY and internal quality control comments into
contract documents to finalize bidding documents. Submit four (4) sets of documents including
specifications, half size, and full sized plans, two (2) electronic copies in PDF format, and two
(2) electronic copies of the drawings in AutoCAD 2008 format.
2. Prepare Final Opinion of Probable Construction Cost. Prepare final opinion of probable
construction cost based on bidding documents. ENGINEER shall use past project experience,
equipment manufacturer’s quotes, and internal cost information to develop opinion of cost.
3. The ENGINEER shall assist in obtaining approval from the governmental authorities having
jurisdiction over the design criteria of the PROJECT, consisting of any required correspondence
and the attendance of one (1) meeting, if required, with the appropriate governmental agencies.
ENGINEER shall prepare sealed documents for review by NDEQ. Incorporate comments as
required in the final construction documents.
Task 3.3 – Bidding Phase Services – North Interceptor (7th Street to WWTP)
Task 3.3.1 – Bidding Phase Services Phase 1A
Task 3.3.2 – Bidding Phase Services Phase 1B
Objective: Provide bidding phase support services to the CITY during advertisement of the North
Interceptor (7th Street to WWTP) project.
Subtasks:
1. Distribute Documents. Assist the CITY in establishing a bid opening date and distribute project
drawings and contract specifications in accordance with CITY’s procedures to all interested
parties and clearinghouses. Document distribution may be on a third-party plan distribution
website as approved by CITY.
2. Pre-Bid Conference. Assist with, at a date and time selected and a place provided by CITY, a
pre-bid conference to:
a. Instruct prospective bidders and suppliers as to the types of information required by the
Contract Documents and the format in which bids should be presented.
b. Review special project requirements and Contract Documents in general.
c. Receive requests for interpretations that will be issued to plan holders.
d. CITY personnel will prepare minutes of conference and issue to plan holders.
3. Answer Bidders Questions. Interpret questions from prospective bidders regarding the
construction Contract Documents.
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Page 6 of 15 Pages Amendment 1 to Agreement
for Professional Services
4. Prepare and Issue Addenda. Prepare addenda to the construction Contract Documents when
required. CITY will issue any addenda to plan holders.
5. Evaluate Bids and Recommend Award.
a. Assist the CITY in reviewing the bids for completeness and accuracy.
b. Examine the questionnaire to identify any supplier whose equipment or materials may not
conform to the construction Contract Documents. The list of subcontractors will also be
reviewed.
c. Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written
recommendations to CITY concerning qualifications of the apparent low bidder.
d. Assistance with bid protests and rebidding will be considered a supplemental service.
e. Prepare and distribute conforming copies of the construction Contract Documents. These
services will include transmitting the construction Contract Documents to CITY for signature
and distribution.
Task 3.4 – Construction Phase Services – North Interceptor (7th Street to WWTP) (To be included
in a future amendment)
Task 3.5 – Resident Inspection Services During Construction – North Interceptor (7th Street to
WWTP) (To be included in a future amendment)
Task 4.2 – Final Design – Lift Station #7, 4th to 5th Street / Eddy to Vine Street Rehabilitation, and
South and West Sewer Interceptor Rehabilitation
General
The scope of services for this amendment includes engineering services in connection with detailed
design and bidding of the collection system improvements as described in the final technical
memorandums (TM) #5, #6, #7, and #7B dated March 2012 and the draft Design Memorandum currently
being prepared. As outlined in these documents, the scope of services is based on the following
additions, modifications, and/or changes to the collection system:
Lift Station #7
1. Remove existing masonry building and replace with a new masonry building above the existing
lift station dry pit. The existing mechanical and electrical system will also be removed and
replaced.
2. Remove existing pumps and piping from the dry pit and install new dry pit submersible pumps
with variable frequency drives (VFD) and new piping. A mag flow meter will also be added to
the effluent piping.
3. The site piping will consist of valving with a valve manhole and piping to connect the new
effluent force main to the existing 8-inch, 6-inch and 4-inch force mains. A new bypass suction
and bypass discharge line will also be added to the site piping.
4th Street to 5th Street / Eddy Street to Vine Street Sewer Rehabilitation
Grand Island Council Session - 4/24/2012 Page 182 / 214
Page 7 of 15 Pages Amendment 1 to Agreement
for Professional Services
1. A new interceptor sewer line will be added along the south side of 5th Street from Eddy Street to
the alley between 4th Street and 5th Street along Vine Street. The sewer line size will be between
an 18-inch and 24inch size line. The exact size will be determined during final design using the
results of the sewer system modeling.
2. The existing 15-inch vitrified clay sewer line that is located in the alley between 4th Street and 5th
Street from Eddy Street to Vine Street will be rehabilitated with a combination of spot repairs and
the installation of a cured in place pipe (CIPP) liner.
South and West Sewer Interceptor Rehabilitation
1. The sewer pipe segments that are rated as “F” and “D” and several of the “C” segments as part of
the sewer inspection addressed in TM’s #5 and #6 will be rehabilitated by a combination of spot
repairs and the installation of a cured in place pipe (CIPP) liner.
Task 4.2.1 – 90% Contract Document Development – Lift Station #7, 4th to 5th Street / Eddy to
Vine Street Rehabilitation, and South and West Sewer Interceptor Rehabilitation
Task 4.2.1.1 – Lift Station #7
Task 4.3.1.2 – 4th to 5th Street/Eddy to Vine Street Rehabilitation
Task 4.3.1.3 – South and West Interceptor Rehabilitation
Objective: Prepare 90% contract documents for the construction of the improvements identified herein.
Subtasks:
1. Contract Plans and Specifications.
a. Produce project drawings that shall include, but not limited to: Lift Station #7
1) Title Sheet, 2) Site Plans (if applicable), 3) Legends and Symbols Lists, 4) Black & Veatch
Standard Detail Sheets, and 5) Construction Drawings 6) Plan and Profile Sheets as needed.
A total of approximately 15 drawings are anticipated in the final set of drawings for Lift
Station #17, 18 drawings are anticipated in the final set of drawings for 4th to 5th Street / Eddy
to Vine Street Rehabilitation, and 13 drawings are anticipated in the final set of drawings for
South and West Sewer Interceptor Rehabilitation. It is anticipated that all drawings will be
submitted for review with the 90% review documents. Plans will be prepared using B&V
CAD standards.
b. Produce complete draft contract specifications document including: 1) CITY standard “front-
end” contract documents which include Table of Contents, Invitation to Bid, Instructions to
Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List
of Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska
Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and
Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident
project representative, 2) CITY’s forms, 3) Black & Veatch Division 1 specifications, and 4)
Black & Veatch Technical Specifications.
Grand Island Council Session - 4/24/2012 Page 183 / 214
Page 8 of 15 Pages Amendment 1 to Agreement
for Professional Services
2. Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality
assurance/quality control review of the 90% contract documents.
3. 90% Design Development Review Workshop. ENGINEER shall submit eight (8) copies of the
90% Design Contract Documents to the CITY for review. Attend one (1) half day workshop in
Grand Island to review the documents with CITY Staff. All preliminary plan sets will be on 11-
inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of
probable construction costs at the workshop.
Task 4.2.2 – Final Contract Documents – Lift Station #7, 4th to 5th Street / Eddy to Vine Street
Rehabilitation, and South and West Sewer Interceptor Rehabilitation
Task 4.2.2.1 – Lift Station #7
Task 4.2.2.2 – 4th to 5th Street/Eddy to Vine Street Rehabilitation
Task 4.2.2.3 – South and West Sewer Interceptor Rehabilitation
Objective: Finalize contract documents for the construction of the PROJECT by a single General
Contractor bidding on a lump sum basis for Lift Station #7 and a unit price basis for 4th to 5th Street /
Eddy to Vine Street Rehabilitation and South and West Sewer Interceptor Rehabilitation.
Subtasks:
1. Contract Plans and Specifications. Integrate CITY and internal quality control comments into
contract documents to finalize bidding documents. Submit four (4) sets of documents including
specifications, half size, and full sized plans, two (2) electronic copies in PDF format, and two
(2) electronic copies of the drawings in AutoCAD 2008 format.
2. Prepare Final Opinion of Probable Construction Cost. Prepare final opinion of probable
construction cost based on bidding documents. ENGINEER shall use past project experience,
equipment manufacturer’s quotes, and internal cost information to develop opinion of cost.
3. The ENGINEER shall assist in obtaining approval from the governmental authorities having
jurisdiction over the design criteria of the PROJECT, consisting of any required correspondence
and the attendance of one (1) meeting, if required, with the appropriate governmental agencies.
ENGINEER shall prepare sealed documents for review by NDEQ. Incorporate comments as
required in the final construction documents.
Task 4.3 – Bidding Phase Services – Lift Station #7, 4th to 5th Street / Eddy to Vine Street
Rehabilitation, and South and West Sewer Interceptor Rehabilitation
Task 4.3.1 – Lift Station #7
Task 4.3.2 – 4th to 5th Street/Eddy to Vine Street Rehabilitation
Task 4.3.3 – South and West Sewer Interceptor Rehabilitation
Objective: Provide bidding phase support services to the CITY during advertisement of the three (3)
separate projects.
Subtasks:
Grand Island Council Session - 4/24/2012 Page 184 / 214
Page 9 of 15 Pages Amendment 1 to Agreement
for Professional Services
1. Distribute Documents. Assist the CITY in establishing a bid opening date and distribute project
drawings and contract specifications in accordance with CITY’s procedures to all interested parties
and clearinghouses. Document distribution may be on a third-party plan distribution website as
approved by CITY.
2. Pre-Bid Conference. Assist with, at a date and time selected and a place provided by CITY, a pre-bid
conference to:
a. Instruct prospective bidders and suppliers as to the types of information required by the
Contract Documents and the format in which bids should be presented.
b. Review special project requirements and Contract Documents in general.
c. Receive requests for interpretations that will be issued to plan holders.
d. CITY personnel will prepare minutes of conference and issue to plan holders.
A pre-bid conference will not be held for the South and West Sewer Interceptor Rehabilitation
project.
3. Answer Bidders Questions. Interpret questions from prospective bidders regarding the construction
Contract Documents.
4. Prepare and Issue Addenda. Prepare addenda to the construction Contract Documents when required.
CITY will issue any addenda to plan holders.
5. Evaluate Bids and Recommend Award.
a. Assist the CITY in reviewing the bids for completeness and accuracy.
b. Examine the questionnaire to identify any supplier whose equipment or materials may not
conform to the construction Contract Documents. The list of subcontractors will also be
reviewed.
c. Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written
recommendations to CITY concerning qualifications of the apparent low bidder.
d. Assistance with bid protests and rebidding will be considered a supplemental service.
e. Prepare and distribute conforming copies of the construction Contract Documents. These
services will include transmitting the construction Contract Documents to CITY for signature
and distribution.
Task 4.4 – Construction Phase Services - Lift Station #7, 4th to 5th Street / Eddy to Vine Street
Rehabilitation, and South and West Sewer Interceptor Rehabilitation (To be included in a future
amendment)
Grand Island Council Session - 4/24/2012 Page 185 / 214
Page 10 of 15 Pages Amendment 1 to Agreement
for Professional Services
Task 4.5 – Resident Inspection Services During Construction - Lift Station #7, 4th to 5th Street /
Eddy to Vine Street Rehabilitation, and South and West Sewer Interceptor Rehabilitation (To be
included in a future amendment)
Task 5.2 – Final Design - WWTP Improvements
General
The scope of services for this amendment includes engineering services in connection with detailed
design and bidding of the headworks improvements as described in the final technical memorandum (TM)
#9 dated March 2012 and the draft Design Memorandum currently being prepared. As outlined in these
documents, the scope of services is based on the following additions, modifications, and/or changes at the
WWTP:
1. A new 44 mgd raw sewage pumping station facility with two fully-redundant reciprocating rake
(climber-type) screens and screenings washer/compactors. Two 7 mgd and four 10 mgd
submersible pumps are planned for a total capacity of 54 mgd. The pumping station would be
designed to allow for replacement of the 7 mgd pumps with 10 mgd pumps for a total future
capacity of 60 mgd. The pumping station would be located west of the Administration Building
to minimize disruption to the existing plant operations and facilitate construction of new or
relocated interceptors. One 36-inch forcemain for each set of three pumps is planned to allow for
redundant forcemains. The wetwell would incorporate a divider wall to isolate one half of the
wetwell for maintenance and a gate to allow operation as a single wetwell.
2. New masonry building would house the screens and electrical equipment for the new pumping
station facility. A metal maintenance shelter would be considered above the wetwell.
3. New septage receiving area located adjacent to the new pumping station.
4. Rehabilitation of the existing raw sewage pumping station for plant drain and filtrate water only.
The wetwell would be repaired and lined for corrosion protection while the influent channels
would be abandoned and isolated from the wetwell. Two 500 gpm dry-pit submersible pumps are
planned for conveying the plant drain and filtrate water to the new raw sewage pumping station.
5. Replacement of the existing Parshall Flume with a new meter vault to house magnetic flow
meters from the two 36-inch force mains from the new raw sewage pumping station.
6. Replacement of the existing aerated grit basins with two new grit basins, each to be sized for 30
mgd of peak flow, which would provide the best low flow performance while providing full
redundancy at peak daily flows.
7. Adjacent to the grit basins, a masonry building would house the grit pumps, grit dewatering
(separation and classification equipment), drive-through container room, electrical room, and
mechanical room.
8. New flow distribution structure to properly distribute effluent from the new grit basins to the
existing Primary Clarifier No. 1, existing Primary Clarifier No. 2, future Primary Clarifier No. 3,
and a bypass to the Mixed Liquor Pump Station/Aeration Basins.
9. New odor control system for the new screening facility, pumping station wetwell, and grit facility
dewatering and container rooms.
10. Standby generator.
Grand Island Council Session - 4/24/2012 Page 186 / 214
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for Professional Services
11. Site work, piping, electrical, plant control system, and utility improvements to support the new
facilities.
Task 5.2.1 – 30% Contract Document Development
Objective: Prepare 30% complete contract documents for the construction of the improvements identified
herein.
Subtasks:
1. Contract Plans.
a. Produce project drawings that shall include, but not limited to: 1) Title Sheet, 2) Site Plans, 3)
Legends and Symbols Lists, 4) Standard Detail Sheets, and 5) Construction Drawings as
needed. A total of approximately 184 drawings are anticipated in the final set of drawings.
Approximately 53 drawings will be submitted for review with the 30% review documents. A
preliminary list of drawings and specifications is shown in Appendix A.
2. Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality
assurance/quality control review of the 30% contract documents.
3. 30% Design Development Review Workshop. ENGINEER shall submit ten (10) copies of the
30% Design Contract Documents to the CITY for review. Attend a one (1) two-day workshop in
Grand Island to review the documents with CITY Staff. All preliminary plan sets will be on 11-
inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of
probable construction costs at the workshop.
Anticipated elements in the 30% Design Development Review Stage are as follows:
Updated Process and Instrumentation Diagrams (P&IDs)
Updated power distribution functional diagram
Revised preliminary site arrangement drawings
Major building and structure sections (CAD) showing equipment, structure, and piping
Equipment Control Descriptions and revised Control System Block Diagram
Building elevations
Updated Opinion of Probable Cost and summary of Potential Scope Adjustments
Task 5.2.2 – 60% Contract Document Development
Objective: Prepare 60% complete contract documents for the construction of the improvements identified
herein.
Subtasks:
1. Contract Plans and Specifications.
a. Produce project drawings that shall include, but not limited to: 1) Title Sheet, 2) Site Plans, 3)
Legends and Symbols Lists, 4) Standard Detail Sheets, and 5) Construction Drawings as
needed. A total of approximately 184 drawings are anticipated in the final set of drawings.
Approximately 147 drawings will be submitted for review with the 60% review documents.
Grand Island Council Session - 4/24/2012 Page 187 / 214
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for Professional Services
b. Produce contract specifications including: 1) CITY standard “front-end” contract documents
which include Table of Contents, Invitation to Bid, Instructions to Bidders, Bid Forms, Bond
Forms, Certificate of Compliance with Fair Labor Standards, List of Subcontractors,
Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska Payment Bond,
Insurance Certificates, General Conditions, Supplementary Conditions, and Exhibit A that
lists the duties, responsibilities and limitations of the authority of the resident project
representative, 2) CITY’s forms, 3) Division 1 specifications, and 4) Technical
Specifications. Specifications developed for the 60% documents will include major
equipment specifications, front-end documents, and the project requirements specification,
including a draft sequence of construction. Submit front-end documents to CITY’s legal
department for review and recommendations. A list of specifications is shown in Appendix
A.
2. Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality
assurance/quality control review of the 60% contract documents.
3. 60% Design Development Review Workshop. ENGINEER shall submit ten (10) copies of the
60% Design Contract Documents to the CITY for review. Attend a one (1) two-day workshop in
Kansas City to review the documents with CITY Staff. All preliminary plan sets will be on 11-
inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of
probable construction costs at the workshop.
Anticipated elements in the 60% Design Development Review Stage are as follows:
Updated Process and Instrumentation Diagrams (P&IDs)
Remaining P&IDs for other processes or modifications to existing processes.
Updated power distribution functional diagram
Revised preliminary site arrangement drawings
Updated major building and structure sections (CAD) showing equipment, structure, and
piping
Revised Equipment Control Descriptions and revised Control System Block Diagram
Revised building elevations
Structural sections
Civil site/utility drawings
Plumbing/HVAC plans and schedules
Draft front-end documents and the project requirements specification
Major equipment specifications
Updated Opinion of Probable Cost and summary of Potential Scope Adjustments
Task 5.2.3 – 90% Contract Document Development
Objective: Prepare 90% contract documents for the construction of the improvements identified herein.
Subtasks:
1. Contract Plans and Specifications.
4. Produce project drawings that shall include, but not limited to: 1) Title Sheet, 2) Site Plans, 3)
Legends and Symbols Lists, 4) Black & Veatch Standard Detail Sheets, and 5) Construction
Grand Island Council Session - 4/24/2012 Page 188 / 214
Page 13 of 15 Pages Amendment 1 to Agreement
for Professional Services
Drawings as needed. A total of approximately 184 drawings are anticipated in the final set of
drawings. It is anticipated that all drawings will be submitted for review with the 90% review
documents. Plans will be prepared using B&V CAD standards.
5. Produce complete draft contract specifications document including: 1) CITY standard “front-
end” contract documents which include Table of Contents, Invitation to Bid, Instructions to
Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List of
Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska
Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and
Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident
project representative, 2) CITY’s forms, 3) Black & Veatch Division 1 specifications, and 4)
Black & Veatch Technical Specifications.
6. The ENGINEER shall assist in obtaining approval from the governmental authorities having
jurisdiction over the design criteria of the PROJECT, consisting of any required correspondence
and the attendance of one (1) meeting, if required, with the appropriate governmental agencies.
ENGINEER shall prepare sealed documents at 90% level for review by NDEQ. Documents
shall be labeled “For Review Only” to differentiate between review drawings and final
drawings. Incorporate comments as required in the final construction documents.
2. Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality
assurance/quality control review of the 90% contract documents.
3. 90% Design Development Review Workshop. ENGINEER shall submit ten (10) copies of the
90% Design Contract Documents to the CITY for review. Attend a one (1) two-day workshop in
Grand Island to review the documents with CITY Staff. All preliminary plan sets will be on 11-
inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of
probable construction costs at the workshop.
Anticipated elements in the 90% Design Development Review stage are as follows:
Final Process and Instrumentation Diagrams (P&ID)
Final power distribution functional diagram
Final site arrangement drawings
Major building and structure sections (CAD) showing equipment, structure, and piping
Equipment Control Descriptions and final Control System Block Diagram
Building elevations and architectural renderings
Electrical duct bank layout and power/lighting plans
Final civil site/utility drawings
Final plumbing/HVAC plans and schedules
Commodity specifications
Instrumentation plans
Instrumentation schedules and details
Mechanical, electrical, and instrumentation specifications
Electrical schematics and one-lines
Plumbing schedules, plans, and riser diagrams
Updated front-end documents, including all Division 1 specifications
Revised major equipment specifications
Remaining drawings and specifications
Updated Opinion of Probable Cost and summary of potential scope adjustments
Grand Island Council Session - 4/24/2012 Page 189 / 214
Page 14 of 15 Pages Amendment 1 to Agreement
for Professional Services
Task 5.2.4 – Final Contract Documents
Objective: Finalize contract documents for the construction of the PROJECT by single General
Contractor bidding on a lump sum basis.
Subtasks:
1. Contract Plans and Specifications. Integrate CITY, State, and internal quality control comments
into contract documents to finalize bidding documents. Submit four (4) sets of documents
including specifications, half size, and full sized plans, two (2) electronic copies in PDF format,
and two (2) electronic copies of the drawings in AutoCAD 2008 format.
2. Prepare Final Opinion of Probable Construction Cost. Prepare final opinion of probable
construction cost based on bidding documents. ENGINEER shall use past project experience,
equipment manufacturer’s quotes, and internal cost information to develop opinion of cost.
Task 5.3 – Bidding Phase Services - WWTP Improvements
Objective: Provide bidding phase support services to the CITY during advertisement of the WWTP
Improvements project.
Subtasks:
1. Distribute Documents. Assist the CITY in establishing a bid opening date and distribute project
drawings and contract specifications in accordance with CITY’s procedures to all interested
parties and clearinghouses. Document distribution may be on a third-party plan distribution
website as approved by CITY.
2. Pre-Bid Conference. Assist with, at a date and time selected and a place provided by CITY, a
pre-bid conference to:
a. Instruct prospective bidders and suppliers as to the types of information required by the
Contract Documents and the format in which bids should be presented.
b. Review special project requirements and Contract Documents in general.
c. Receive requests for interpretations that will be issued to plan holders.
d. CITY personnel will prepare minutes of conference and issue to plan holders.
3. Answer Bidders Questions. Interpret questions from prospective bidders regarding the
construction Contract Documents.
4. Prepare and Issue Addenda. Prepare addenda to the construction Contract Documents when
required. CITY will issue any addenda to plan holders.
5. Evaluate Bids and Recommend Award.
a. Assist the CITY in reviewing the bids for completeness and accuracy.
Grand Island Council Session - 4/24/2012 Page 190 / 214
Page 15 of 15 Pages Amendment 1 to Agreement
for Professional Services
b. Examine the questionnaire to identify any supplier whose equipment or materials may not
conform to the construction Contract Documents. The list of subcontractors will also be
reviewed.
c. Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written
recommendations to CITY concerning qualifications of the apparent low bidder.
d. Assistance with bid protests and rebidding will be considered a supplemental service.
e. Prepare and distribute conforming copies of the construction Contract Documents. These
services will include transmitting the construction Contract Documents to CITY for signature
and distribution.
Task 5.4 – Construction Phase Services - WWTP Improvements (To be included in a future
amendment)
Task 5.5 – Resident Inspection Services During Construction - WWTP Improvements (To be
included in a future amendment)
All other provisions of the Agreement shall remain the same.
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as of the day and year first above written.
OWNER: ENGINEER:
CITY OF GRAND ISLAND, NEBRASKA BLACK & VEACTH CORPORATION
By: By:
Title: Title:
Grand Island Council Session - 4/24/2012 Page 191 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-111
WHEREAS, on May 23, 2011 the City of Grand Island solicited Requests for
Statement of Qualifications for professional consulting engineering services for the Wastewater
Treatment Plant and Collection System Rehabilitation; and
WHEREAS, on October 4, 2011 through a City Council Study Session; City Staff,
along with the engineering firm Black & Veatch of Kansas City, Missouri presented the need of the
rehabilitation and the contractual process to hire a professional consulting engineer to provide
services in Project Management, Collection System Master Planning and Planned Improvements in
Northeast Interceptor sewer, and Collection System and Wastewater Treatment Rehabilitation; and
WHEREAS, on October 11, 2011, by Resolution No. 2011-307, City Council
approved the agreement with Black & Veatch for such professional services to be performed at actual
costs with an amount not to exceed $1,121,160.00; and
WHEREAS, it has been determined that the initial agreement needs to be amended to
allow for the continuation of the design effort to final design and bidding; and
WHEREAS, the negotiated Amendment No. 1 shall be performed at actual costs with
a maximum amount of $1,910,075.00, for a total agreement cost of $3,031,235.00, and the fee for
such professional consulting engineering services is considered fair and reasonable.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 for professional consulting
engineering services between the City of Grand Island and Black & Veatch of Kansas City, Missouri
is hereby approved.
BE IT FURTHER RESOLVED, that division management, when deemed appropriate
may enter into negotiations for amendment to the agreement to provide additional services; and
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such Amendment No. 1 on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 192 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item G13
#2012-112 - Approving Award of Proposal for Engineering
Services Related to Emission Rate Testing at the Solid Waste
Landfill
Staff Contact: John Collins, Public Works Director
Grand Island Council Session - 4/24/2012 Page 193 / 214
Council Agenda Memo
From:Jeff Wattier, Solid Waste Superintendent
Meeting:April 24, 2012
Subject:Approving Award of Proposal for Engineering Services
Related to Emission Rate Testing at the Solid Waste
Landfill
Item #’s:G-13
Presenter(s):John Collins, P.E., Public Works Director
Background
The Solid Waste Division of the Public Works Department is responsible for the
operation of the city's 330 acre solid waste landfill. The landfill is in Hall County and
located seven (7) miles north of Shelton, Nebraska at 19550 West Husker Highway, just
east of the Hall/Buffalo County Line.
On March 14, 2012 a Request For Proposals (RFP) for engineering services related to
emission rate testing at the landfill was advertised in the Grand Island Independent and
sent to six (4) potential proposers.
As per NDEQ Title 132-Integrated Solid Waste Management Regulations and the Grand
Island Regional Landfill operating permit #NE0210658, Tier II emission rate sampling,
analysis, and reporting must be completed every five years.
Discussion
Four (4) proposals were received on April 10, 2012. The proposals were reviewed by
Solid Waste Superintendent, Jeff Wattier; Public Works Engineer, Keith Kurz, P.E.; and
Public Works Storm Water Technician, Scott Sekutera. G.N. Kuhn Engineering, LLC of
Omaha, Nebraska submitted the proposal that was chosen using evaluation criteria listed
in the RFP.
G.N. Kuhn Engineering, LLC will provide all engineering services to perform the Tier II
emission rate testing, sampling, and analysis for submittal to the NDEQ for an amount
not to exceed $15,950.00.
Grand Island Council Session - 4/24/2012 Page 194 / 214
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 proposal by G.N. Kuhn
Engineering, LLC of Omaha, Nebraska for an amount not to exceed $15,950.00.
Sample Motion
Move to approve the proposal by G.N. Kuhn Engineering of Omaha, Nebraska.
Grand Island Council Session - 4/24/2012 Page 195 / 214
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Jason Eley, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ENGINEERING SERVICES FOR EMISSION RATE TESTING AT LANDFILL
RFP DUE DATE:April 10, 2012 at 4:00 p.m.
DEPARTMENT:Public Works
PUBLICATION DATE:March 14, 2012
NO. POTENTIAL BIDDERS:6
SUMMARY OF PROPOSALS RECEIVED
American Environmental Consulting, LLC SCS Engineers
Littleton, CO Overland Park, KS
Aquaterra Environmental Solutions, Inc.G.N. Kuhn Engineering, LLC
Omaha, NE Omaha, NE
cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist.
Mary Lou Brown, City Administrator Jaye Monter, Interim Finance Director
Jason Eley, Purchasing Agent Jeff Waiter, Solid Waste Supt.
P1548
Grand Island Council Session - 4/24/2012 Page 196 / 214
1
AGREEMENT
THIS AGREEMENT made and entered into this _24th___ day of __April________, 2012, by and between _G.N.
Kuhn Engineering, LLC_________ hereinafter called the Consultant, and the City of Grand Island, Nebraska,
hereinafter called the City.
WITNESSETH:
THAT, WHEREAS, in accordance with law, the City has caused agreement documents to be prepared and an
advertisement of a Request for Proposals for Emission Rate Testing at The Solid Waste Landfill for the City
of Grand Island, and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the
proposals submitted, and has determined that the aforesaid Consultant submitted the best proposal based on the
evaluation criteria listed in the Request For Proposals, a copy thereof being attached to and made a part of this
agreement, and has duly awarded to the said Consultant an agreement therefore, for the sum or sums named in the
proposal with terms & conditions submitted by the Consultant, a copy thereof being attached to and made a part of
this agreement;
NOW, THEREFORE, in consideration of the compensation to be paid to the Consultant and of the mutual
agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and
the Consultant for itself, himself, or themselves, and its, his (hers), or their successors, as follows:
ARTICLE I. That the Consultant 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 agreement documents as listed in the attached
Request for Proposals for Emission Rate Testing at The Solid Waste Landfill for the City of Grand Island
and in the attached proposal as Submitted by the Consultant; said documents forming the agreement 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 agreement to the said Consultant, such award being based on the
acceptance by the City of the Consultant's proposal;
ARTICLE II. That the City shall pay to the Consultant for the performance of the work embraced in this
agreement and the Consultant will accept as full compensation therefore the sum (subject to adjustment as
provided by the agreement) of __Fifteen Thousand Nine Hundred Fifty 00/100_ Dollars ($15,950.00) for all
services, materials, and work covered by and included in the agreement award and designated in the foregoing
Article I; payments thereof to be made in cash or its equivalent in the manner provided in the agreement.
ARTICLE III. The Consultant 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 consultant 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 Consultant. 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 Consultant shall not acquire title to any materials
and supplies incorporated into the project. All invoices shall bear the consultant'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
Grand Island Council Session - 4/24/2012 Page 197 / 214
2
Consulting Services for Emission Rate Testing AGREEMENT
At The Solid Waste Landfill (Continued)
finished product of attached Request for Proposals for Emission Rate Testing at The Solid Waste Landfill for
the City of Grand Island.
ARTICLE IV. That the Consultant shall start work as soon as possible after the agreement is signed.
ARTICLE V. The Consultant agrees to comply with all applicable State fair labor standards in the execution of
this agreement as required by Section 73-102, R.R.S. 1943. The Consultant 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 agreement, the Consultant and all Sub Consultants agree
not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national
origin, age or disability. The Consultant agrees to comply with all applicable Local, State and Federal rules and
regulations.
ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on
the following September 30th. It is understood and agreed that any portion of this agreement which will be
performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations
sufficient to fund such performance.
ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer,
give, or agree to give any City employee or former City employee, or for any City employee or former City
employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of
employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part
of a program requirement or a purchase request, influencing the content of any specification or procurement
standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or
application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any
program requirement or an agreement or sub agreement, 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 Sub Consultant
under an agreement to the prime Consultant or higher tier Sub Consultant or any person associated therewith, as
an inducement for the award of a Sub Consultant to order.
ARTICLE VIII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate
against any employee or applicant for employment because of age, race, color, religious creed, ancestry,
handicap, sex or political affiliation.
ARTICLE IX. LB 403: Every public consultant and his, her or its subconsultants who are awarded an
agreement by the City for the physical performance of services within the State of Nebraska shall register with
and use a federal immigration verification system to determine the work eligibility status of new employees
physically performing services within the State of Nebraska.
Grand Island Council Session - 4/24/2012 Page 198 / 214
3
Consulting Services for Emission Rate Testing AGREEMENT
For The Solid Waste Landfill (Continued)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above
written.
G.N. KUHN ENGINEERING, LLC.
By
Title
CITY OF GRAND ISLAND, NEBRASKA,
By
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
The agreement is in due form according to law and is hereby approved.
Jason Eley, Asst. City Attorney
Grand Island Council Session - 4/24/2012 Page 199 / 214
4
APPENDIX A – TITLE VI NON-DISCRIMINATION -
During the performance of this agreement, the consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "consultant") agrees as follows:
(1)Compliance with Regulations: The consultant shall comply with the Regulation relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT")
Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter
“FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of
this agreement.
(2)Nondiscrimination: The Consultant, with regard to the work performed by it during the agreement, shall
not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the
selection and retention of subconsultants, including procurements of materials and leases of equipment. The
consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,
section 21.5 of the Regulations, including employment practices when the agreement covers a program set
forth in Appendix B of the Regulations.
(3)Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the consultant for work to be performed
under a subagreement, including procurements of materials or leases of equipment, each potential
subconsultant or supplier shall be notified by the consultant of the consultant's obligations under this
agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin, sex, age, and disability/handicap.
(4)Information and Reports: The consultant shall provide all information and reports required by the
Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts,
other sources of information, and its facilities as may be determined by the City of Grand Island or the
FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any
information required of a consultant is in the exclusive possession of another who fails or refuses to furnish
this information the consultant shall so certify to the City of Grand Island, or the FHWA as appropriate, and
shall set forth what efforts it has made to obtain the information.
(5)Sanctions for Noncompliance: In the event of the consultant's noncompliance with the nondiscrimination
provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the
FHWA may determine to be appropriate, including, but not limited to:
(a.)withholding of payments to the consultant under the agreement until the consultant complies, and/or
(b.)cancellation, termination or suspension of the agreement, in whole or in part.
(6)Incorporation of Provisions: The consultant shall include the provisions of paragraphs (1) through (6) in
every subagreement, including procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto.
The consultant shall take such action with respect to any subagreement or procurement as the City of Grand
Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non-
compliance: Provided, however, that, in the event a consultant becomes involved in, or is threatened with,
litigation with a subconsultant or supplier as a result of such direction, the consultant may request the City of
Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the
consultant may request the United States to enter into such litigation to protect the interests of the United States.
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5
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6
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7
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8
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9
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Approved as to Form ¤ ___________
April 24, 2012 ¤ City Attorney
R E S O L U T I O N 2012-112
WHEREAS, the City Of Grand Island invited proposals for engineering services
related to Emission Rate Testing at the Solid Waste Landfill, according to the Request Proposals
on file with the Solid Waste Division of the Public Works Department; and
WHEREAS, on April 10, 2012 proposals were received, reviewed, and evaluated
in accordance with established criteria; and
WHEREAS, G.N. Kuhn Engineering, LLC, of Omaha, Nebraska submitted a
proposal in accordance with the terms of the Request for Proposals and all statutory requirements
contained therein and the City Procurement Code with the work performed at actual costs with a
maximum of $15,950.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of G.N. Kuhn
Engineering, LLC, of Omaha, Nebraska for engineering services for Emission Rate Testing at
the Solid Waste Landfill is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 208 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item I1
#2012-113 – Consideration of Request from The Chocolate Bar,
Inc. dba The Chocolate Bar, 116 West 3rd Street for an Addition of
a Sidewalk Café to Class “I-86925” Liquor License
This item relates to the aforementioned Public Hearing item E-1.
Staff Contact: RaNae Edwards
Grand Island Council Session - 4/24/2012 Page 209 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-113
WHEREAS, an application was filed by The Chocolate Bar, Inc., doing business
as The Chocolate Bar, 116 West 3rd Street for a 7’ x 19‘ addition to the south side of their
building relative to their Class "I-86925" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on April 14, 2012, such publication cost being $17.26; and
WHEREAS, a public hearing was held on April 24, 2012, 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 for a 7’ x 19’ addition 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: ________
__________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 210 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item I2
#2012-114 - Consideration of Blight and Substandard Study Area
No. 9
This item relates to the aforementioned Public Hearing item E-2.
Staff Contact: Chad Nabity
Grand Island Council Session - 4/24/2012 Page 211 / 214
Approved as to Form ¤ ___________
April 20, 2012 ¤ City Attorney
R E S O L U T I O N 2012-114
WHEREAS, on June 27, 1994, the City of Grand Island enacted Ordinance No.
8021 creating the Community Redevelopment Authority of the City of Grand Island, Nebraska,
to address the need for economic development opportunities through the vehicles provided in the
Nebraska Community Development law at Neb. Rev. Stat. §18-2101, et seq., as amended; and
WHEREAS, Gordman Grand Island LLC has caused to be prepared a Blight and
Substandard Study for an area located south of Capital Avenue, west of Webb Road, north of
State Street and east of U.S. Highway 281 referred to as Area No. 9; and
WHEREAS, Marvin Planning Consultants completed such Blight and
Substandard Study and has determined that the area should be declared as substandard or
blighted area in need of redevelopment; and
WHEREAS, the Gordman Grand Island LLC and Marvin Planning Consultants
presented such study to the Grand Island City Council on March 26, 2012 and
WHEREAS, on March 26, 2012 the Grand Island City Council referred such
study to the Hall County Regional Planning Commission for review and recommendation; and
WHEREAS, the Regional Planning Commission held a public hearing and
recommended approval of such study at its April 4, 2012 meeting; and
WHEREAS, a public hearing to consider approval of a Blighted and Substandard
designation was held on April 24, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Blight and Substandard Study for
Redevelopment Area No. 9 as identified above is hereby approved, and those areas identified in
said study are declared to be blighted and substandard and in need of redevelopment as
contemplated in the Community Development law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, April 24, 2012.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Grand Island Council Session - 4/24/2012 Page 212 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item J1
Approving Payment of Claims for the Period of April 11, 2012
through April 24, 2012
The Claims for the period of April 11, 2012 through April 24, 2012 for a total amount of $3,745,626.54.
A MOTION is in order.
Staff Contact: Jaye Monter
Grand Island Council Session - 4/24/2012 Page 213 / 214
City of Grand Island
Tuesday, April 24, 2012
Council Session
Item X1
Strategy Session with Respect to Collective Bargaining (IBEW
Local 1597 – Wastewater, Service/Clerical, Finance, Utilities).
The City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410.
Closed sessions may be held for, but shall not be limited to such reasons as:
1. Protection of the public interest.
2. Needless injury to the reputation of an individual.
3. Strategy sessions with respect to
a. collective bargaining,
b. real estate purchases,
c. pending litigation, or
d. imminent or threatened litigation.
4. Discussion regarding deployment of security personnel or devices.
5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be
paid to individuals who have suffered from a tragedy of violence or natural disaster.
Staff Contact: Brenda Sutherland
Grand Island Council Session - 4/24/2012 Page 214 / 214