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02-28-2017 City Council Regular Meeting Packet City of Grand Island Tuesday, February 28, 2017 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 2/28/2017 Page 1 / 259 City of Grand Island Tuesday, February 28, 2017 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Bill Schroeder, Messiah Lutheran Church, 708 North Locust Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 2/28/2017 Page 2 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item E-1 Public Hearing on Request from Hy-Vee, Inc. dba Hy-Vee Restaurant, 115 Wilmar Avenue for a Class “I” Liquor License Council action will take place under Consent Agenda item G-2. Staff Contact: RaNae Edwards Grand Island Council Session - 2/28/2017 Page 3 / 259 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:February 28, 2017 Subject:Public Hearing on Request from Hy-Vee, Inc. dba Hy- Vee Restaurant, 115 Wilmar Avenue for a Class “I” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Hy-Vee, Inc. dba Hy-Vee Restaurant, 115 Wilmar Avenue has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol on sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 2/28/2017 Page 4 / 259 Also submitted was a request for Liquor Manager Designation for Rob Reif, 930 Twin Ridge Road, Lincoln, Nebraska. Mr. Reif has completed a state approved alcohol server/seller training program. Staff recommendation is to approve the liquor license and liquor manager designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Hy-Vee, Inc. dba Hy-Vee Restaurant, 115 Wilmar Avenue for a Class “I” Liquor License contingent upon final inspections and Liquor Manager Designation for Rob Reif, 930 Twin Ridge Road, Lincoln, Nebraska. Grand Island Council Session - 2/28/2017 Page 5 / 259 Grand Island Council Session - 2/28/2017 Page 6 / 259 Grand Island Council Session - 2/28/2017 Page 7 / 259 Grand Island Council Session - 2/28/2017 Page 8 / 259 INDUSTRIAL LNUS HIGHWAY 30 WWEBB RD SUS HI GHWAY 30 W KENNEDY DRWEBB RD NKENNEDYCT KAUFMAN AVE OLD HIGHW AY 30 W NORTH FRONT ST W JOHNSONPL OLD POTASH HWY W KE NN E DYPL ARLINGTONCIR 4THST W 5THST W ORLEANSDRWEIS DRRICHMONDCIR 2ND ST W ISLAND CIR JOHNSON DREISENHOWERDRFAIDLEY AVE W US HIGHWAY 281 SDIE R S AV E N US HIGHWAY281 SKAUFMAN AVEF RON TAG E RD US HIGHWAY 281 SUS HIGHWAY 281 SUS HIGHWAY 281 SOLD FAIR RD U S H IG H W A Y 3 0 W U S H I G H W A Y 3 0 W PIPER STWILMAR AVEUS HIGHWAY 281 NUS HIGHWAY 281 Nµ Liquor ApplicationHy-Vee Restaurant115 Wilmar Ave.Class "I" License Legend St. CenterlineLiquor License Locations115 Wilmar Ave. 1500'Radius Grand Island Council Session - 2/28/2017 Page 9 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item E-2 Public Hearing on Acquisition of Utility Easement - 3010 N. North Road - Gateways Prairie Property Management LLC Council action will take place under Consent Agenda item G-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2017 Page 10 / 259 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 28, 2017 Subject:Acquisition of Utility Easement – 3010 N. North Road – Gateways Prairie Property Management, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire a twenty (20.0) foot wide utility easement relative to the property of Gateways Prairie Property Management, LLC, located through a part of Lot One (1), Northview Twelfth (12th) Subdivision, in the City of Grand Island, Hall County, Nebraska (3010 N. North Road), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion This easement is required to provide access for the installation, operation and maintenance of high voltage underground power lines and transformer to serve a new veterinary hospital at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion 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 resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 2/28/2017 Page 11 / 259 Grand Island Council Session - 2/28/2017 Page 12 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement - 2121 N. Broadwell Avenue - Jamson Council action will take place under Consent Agenda item G-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2017 Page 13 / 259 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 28, 2017 Subject:Acquisition of Utility Easement – 2121 N. Broadwell Avenue – Nick Jamson Enterprises, Inc. Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Nick Jamson Enterprises, Inc., through a part of Lot Five (5), Home Subdivision (2121 N. Broadwell Avenue), in the City of Grand Island, Hall County, Nebraska, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The existing overhead power line which serves the Dollar General Building was built in 1970. At that time an easement was not acquired across the property. The requested easement will provide the Utilities Department with rights of access, maintenance, safety and security to the high voltage power lines, transformers and equipment. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion 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 resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 2/28/2017 Page 14 / 259 Grand Island Council Session - 2/28/2017 Page 15 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item E-4 Public Hearing on Acquisition of Permanent Utility Easements for Sanitary Sewer District No. 539; North Webb Road and 13th Street (Harders, Rischling, & Calvary Baptist Church, Inc.) Council action will take place under Consent Agenda item G-15. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 16 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Public Hearing on Acquisition of Permanent Utility Easements for Sanitary Sewer District No. 539; North Webb Road and 13th Street (Harders, Rischling, and Calvary Baptist Church, Inc.) Presenter(s):John Collins PE, Public Works Director Background Public utility easements are needed to accommodate the extension of sanitary sewer to serve an area previously unserved that is located on the east side of North Webb Road between 13th Street and Dixie Square (see attached sketch). The public utility easements will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easements. Such sanitary sewer district was continued by City Council through Resolution No. 2016- 229 at their September 27, 2016 meeting. Discussion The purchase price of the necessary public utility easements is as follows, and has been agreed upon between the City and the property owners. Property Owner Legal Description Amount Phil Harders and Terri Harders A permanent and perpetual easement comprising of Lot Five (5), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The North Ten (10) feet of the East Ninety Three and Twenty Eight Hundredth (93.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, of $350.00 Grand Island Council Session - 2/28/2017 Page 17 / 259 said Lot Five (5), and containing a calculated area of Nine Hundred Thirty Seven and Sixty Three Hundredth (937.63) square feet or Two Tenths (0.02) acres more or less. Ricahrd A. Rischling and Gretchen M. Rischling A permanent and perpetual easement comprising of Lot Six (6), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The South Three (3) feet of the East Eighty Five and Twenty Eight Hundredth (85.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, and the East Eight (8) feet of the West Sixteen feet of the South One Hundred Forty Two (142) feet of the North One Hundred Fifty (150) feet of said Lot Six (6), and containing a calculated are of One Thousand Three Hundred Ninety One and Seventy Eight Hundredth (1391.78) square feet or Three Tenths (0.03) acres more or less. $1,225.00 + $4,500.00 for fence relocation $5,725.00 Calvary Baptist Church, Inc. A permanent and perpetual easement consisting of part of an unplatted tract of land described and recorded as Instrument No. 78-005613, Hall County Register of Deeds, located in the Northwest Quarter (NW ¼) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The East Eight (8) feet of the West Thirty- Two (32) feet of the South One Hundred Thirty and Nine Tenths (130.9) feet, and the North Ten (10 feet of the south One Hundred Thirty and Nine Tenths (130.9) feet of the West Sixteen (16) feet of said tract of land, and containing a calculated area of One Thousand, Two Hundred Seven and Ninety-One Hundredths (1,207.91) square feet or Three Hundredths (0.03) acres more or less. $1,210.00 TOTAL = $7,285.00 Grand Island Council Session - 2/28/2017 Page 18 / 259 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 acquisition of the necessary permanent utility easements. Sample Motion Move to approve the acquisition of the necessary permanent utility easements. Grand Island Council Session - 2/28/2017 Page 19 / 259 Grand Island Council Session - 2/28/2017 Page 20 / 259 Grand Island Council Session - 2/28/2017 Page 21 / 259 Grand Island Council Session - 2/28/2017 Page 22 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item F-1 #9626 - Consideration of Issuance of Water Revenue Bonds Staff Contact: Tim Luchsinger, Renae Griffiths Grand Island Council Session - 2/28/2017 Page 23 / 259 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Renae Griffiths, Finance Director Meeting:February 28, 2017 Subject:Ordinance #9626 – Consideration of Issuance of Water Revenue Bonds Presenter(s):Timothy Luchsinger, Utilities Director Background The Grand Island water system’s usage has increased to where additional capacity is required to allow future growth in the City. An elevated storage tank is recommended by the recently completed Water System Master Plan. To fund the cost of the elevated storage tank, a bond issue is proposed. A Cost of Service Study was completed by the Nebraska Municipal Power Pool in order to support projected revenue requirements of the bond debt service. The results of the study and possible changes to the water system rate structure were provided to the Council for discussion at the Study Session on November 1, 2016, with the rate ordinance adopting the recommended changes approved at the November 22, 2016 Council Meeting. Locations for siting the elevated storage tank were evaluated based on hydraulic characteristics of the water system, current and future community development, and ground elevation. A site at the southwest corner of the Copper Creek housing area on Engleman Road between Potash Highway and Stolley Park Road was selected as best meeting the requirements for the tank and its purchase was approved by Council on December 27, 2016. Two of the major components required to complete this project are the construction of the elevated storage tank and completion of the major trunk line on Engleman Road. Specifications were issued for these items and bids have been received. Discussion The City’s financial team of Municipal Capital Advisors, D. A. Davidson, and Gilmore & Bell have prepared an ordinance authoring the issuance of revenue bonds to fund the cost of the elevated storage tank project. Grand Island Council Session - 2/28/2017 Page 24 / 259 To provide for the estimated cost of $5,000,000 for the project, they have prepared an estimate of the debt service based on issuing bonds for a term of 20 years at an average interest rate of around 3.4%. The estimated par amount of $5,075,000 includes issuance costs with an estimated final bond cost of about $5,100,000. The debt service schedule is based on a wraparound of the existing Water Revenue and Refunding Bonds, Series 2012 that were issued to provide for capital costs of a uranium removal system. The current annual debt service of about $300,000 for the 2012 bonds will increase to about $525,000 for both bonds for the term of the 2017 bonds. The financial team recommends that the Water Utility be reviewed by a rating agency prior to issuing the bonds in order to receive the most favorable interest rate. The estimated debt service schedule is conservative and could improve based on a higher agency rating and the possibility of including a refinancing of the 2012 bonds in the 2017 issuance. Upon receiving the agency rating and based on conditions of the bond market at that time, the bond authorization is in an amount not to exceed $8,200,000, which would allow for the refunding of the 2012 bonds if it is determined that this would be an overall benefit to the Utility. The recommended ordinance would authorize the Mayor to execute the bond refinancing documents upon determination of the final rates and financing costs. 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 Issuance of Water Revenue and Refunding Bonds, Series 2017, in the principal amount not to exceed $8,200,000. Sample Motion Move to approve the Issuance of Water Revenue and Refunding Bonds, Series 2017 in the principal not to exceed $8,200,000. Grand Island Council Session - 2/28/2017 Page 25 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney ORDINANCE NO. 9626 AN ORDINANCE AUTHORIZING THE ISSUANCE OF ONE OR MORE SERIES OF WATER REVENUE AND REFUNDING BONDS OF THE CITY OF GRAND ISLAND, NEBRASKA, IN THE AGGREGATE STATED PRINCIPAL AMOUNT OF NOT TO EXCEED EIGHT MILLION TWO HUNDRED THOUSAND DOLLARS ($8,200,000) FOR THE PURPOSES OF PAYING AND REDEEMING CERTAIN OUTSTANDING WATER REVENUE BONDS OF THE CITY, PAYING THE COSTS OF ADDITIONS AND IMPROVEMENTS TO THE WATERWORKS PLANT AND WATER SYSTEM OF SAID CITY AND PROVIDING FOR ANY NECESSARY RESERVE FUNDS; DIRECTING THE APPLICATION OF THE PROCEEDS OF SAID BONDS; PRESCRIBING THE FORM AND CERTAIN TERMS AND DETAILS OF SAID BONDS AND AUTHORIZING THE DETERMINATION OF CERTAIN TERMS AND DETAILS; AUTHORIZING THE CALL FOR REDEMPTION OF CERTAIN OUTSTANDING WATER REVENUE BONDS OF THE CITY; PLEDGING AND HYPOTHECATING THE REVENUES AND EARNINGS OF THE WATERWORKS PLANT AND WATER SYSTEM OF SAID CITY FOR THE PAYMENT OF SAID BONDS AND INTEREST THEREON; PROVIDING FOR THE COLLECTION, SEGREGATION AND APPLICATION OF THE REVENUES OF SAID WATERWORKS PLANT AND WATER SYSTEM OF SAID CITY; ENTERING INTO A CONTRACT ON BEHALF OF THE CITY WITH THE HOLDERS OF SAID BONDS; AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM. BE IT ORDAINED by the Mayor and Council of the City of Grand Island, Nebraska, as follows: Section 1. The Mayor and Council of the City of Grand Island, Nebraska, hereby find and determine: (a) The City owns and operates a waterworks plant and system (such plant and system, together with all additions and improvements thereto hereafter acquired are herein referred to as the “Water System”) which represents a revenue-producing undertaking of the City; (b) The City has heretofore issued and outstanding the following revenue bonds which are a lien upon and secured by a pledge of the revenue and earnings of the Water System: Water Revenue and Refunding Bonds, Series 2012, date of original issue – June 26, 2012, authorized pursuant to Ordinance No. 9385 of the City (the “Prior Ordinance”), in the original principal amount of $3,725,000 of which bonds in the principal amount of $2,825,000 are outstanding and unpaid (the “2012 Bonds”); (c) The 2012 Bonds constitute the only presently outstanding indebtedness of the City payable from the revenues of the Water System and, as outstanding, are sometimes herein referred to as the “Outstanding Bonds”; (d) The 2012 Bonds are subject to redemption at any time on or after June 26, 2017, at par plus accrued interest to the date fixed for redemption and are herein authorized to be irrevocably called for redemption in accordance with their call provisions on a date to be determined (such date referred to herein as the “Redemption Date”); that since the 2012 Bonds were issued, the rates of interest available in the market have declined such that by taking up and paying off the 2012 Bonds (as may be called for redemption, the “Refunded Bonds”) through the Grand Island Council Session - 2/28/2017 Page 26 / 259 ORDINANCE NO. 9626 2 issuance of refunding bonds as provided herein, a savings in the amount of yearly running interest will be made to the City; (e) The City has constructed or will construct certain improvements to the Water System which include an elevated water storage tank, system infrastructure, and other improvements, for which the total construction cost is not less than $5,000,000, and it is further necessary and appropriate to borrow amounts to cover issuance expense, and for all of such purposes it is necessary to borrow monies to provide for such costs as provided herein; (g) Under the terms of the Prior Ordinance, bonds of equal lien with the Outstanding Bonds may be issued provided that (1) certain revenues have been experienced by the Water System for its most recent fiscal year or (2) the City shall have received a projection made by a consulting engineer or firm of consulting engineers recognized as having experience and expertise in municipal utility systems, that certain revenues are expected in the next three fiscal years; (g) The Authorized Officers (as defined herein) are hereby authorized to and shall certify prior to the issuance of the bonds authorized herein (1) that Net Revenues as defined in the Prior Ordinance (i) are not less than 1.25 times the average annual debt service requirements (as described in the Prior Ordinance) of the Outstanding Bonds (as may be outstanding at the time of issuance of each series of the bonds herein authorized) and the bonds herein authorized based upon financial statements as required by the Prior Ordinance or (ii) in each of the three full fiscal years after the issuance of such Additional Bonds will be at least equal to 1.25 times the Average Annual Debt Service Requirements of the Outstanding Bonds and of the bonds authorized herein, as shown in a project received by the City from and made by a consulting engineer having experience in municipal utility systems, as required by the Prior Ordinance; (2) that said Outstanding Bonds represent the only outstanding indebtedness of the City for which the revenues of the Water System have been pledged; and (3) that all conditions required under the terms of the Prior Ordinance for the issuance of the bonds herein authorized as “additional bonds” of equal lien and standing with the Outstanding Bonds do exist and have happened; (h) To redeem the Refunded Bonds, pay the costs of the Project, provide for any necessary reserve funds and pay the costs of issuance of the bonds herein authorized, all as described in this Section 1, it is necessary for the City to issue its Water Revenue and Refunding Bonds, Series 2017, in one or more series, in the total principal amount of not to exceed $8,200,000 pursuant to Sections 10-142 and 18-1803 to 18-1805 R.R.S. Neb. 2012, as amended; and (i) All conditions, acts and things required by law to exist or to be done precedent to the issuance of the City’s Water Revenue and Refunding Bonds, in one or more series, in the principal amount of not to exceed $8,200,000 do exist and have been done and performed in regular and due time and form as required by law. Said bonds will be payable from the revenues of the Water System. Section 2. In addition to the definitions provided in parentheses elsewhere in this Ordinance, the following definitions of terms shall apply, unless the context shall clearly indicate otherwise: (a) the term “revenues” shall mean all of the rates, rentals, fees and charges, earnings and other monies, including investment income, from any source derived by the City of Grand Island, Nebraska, through its ownership and operation of the Water System. Grand Island Council Session - 2/28/2017 Page 27 / 259 ORDINANCE NO. 9626 3 (b) the term “Additional Bonds” shall mean any and all bonds hereafter issued by the City pursuant to the terms of this Ordinance including all such bonds issued pursuant to Section 13 and refunding bonds issued pursuant to Section 14. (c) the term “Average Annual Debt Service Requirements” shall mean that number computed by adding all of the principal and interest due when computed to the absolute maturity of the bonds for which such computation is required and dividing by the number of years remaining that the longest bond of any issue for which such computation is required has to run to maturity. In making such computation, the principal of any bonds for which mandatory redemptions are scheduled shall be treated as maturing in accordance with such schedule of mandatory redemptions. (d) the term “Deposit Securities” shall mean obligations of the United States of America; direct or unconditionally guaranteed, including any such obligations issued in book entry form. (e) the term “Net Revenues” shall mean the gross revenues derived by the City from the ownership or operation of the Water System, including investment income, but not including any income from sale or disposition of any property belonging to or forming a part of the Water System, less the ordinary expenses for operating and maintaining the Water System payable from the Operation and Maintenance Account described in Section 11 of this Ordinance. Operation and Maintenance expenses for purposes of determining “Net Revenues” shall not include depreciation, amortization of financing expenses or interest on any bonds or other indebtedness. Net Revenues for all purposes of this Ordinance shall be shown by an audit for the fiscal year in question as conducted by an independent certified public accountant or firm of such accountants, provided, however, for purposes of determining compliance with requirements for issuing Additional Bonds, in the event that as of the time of authorization or issuance of Additional Bonds, the financial statements for the most recently completed fiscal year have not yet been completed and reported on by the City’s certified public accountant, compliance may be shown using the audited financial statements for the most recently completed fiscal year for which audited financial statements are available and unaudited financial statements (certified by the City Treasurer) for the most recently completed fiscal year so long as compliance is shown for both such fiscal years. (f) the term “Paying Agent and Registrar” shall mean a bank or trust company as determined by the Authorized Officers appointed to act as paying agent and registrar for the 2017 Bonds pursuant to Section 4 hereof, or any successor thereto. Section 3. To provide financing for the costs of the Project as described in Sections 1 and 2 hereof, including costs of issuance hereof, there shall be and there are hereby ordered issued, in one or more series, Water System Revenue and Refunding Bonds, Series 2017, of the City of Grand Island, Nebraska, in the aggregate stated principal amount of not to exceed Eight Million Two Hundred Thousand Dollars ($8,200,000) (the “2017 Bonds”). The 2017 Bonds or any portion thereof are hereby authorized to be sold in one or more series pursuant to a negotiated sale with D.A. Davidson & Co., as initial purchaser (the “Underwriter”) or through a private placement with a bank, and are authorized to be sold in one or more series. In connection with such sale or sales, the Mayor, Finance Director or City Administrator (each, an “Authorized Officer”) are hereby authorized to specify, determine, designate, establish and appoint, as the case may be, in one or more written designations which may be included in a bond purchase agreement (each, a “Designation”), (a) whether the 2017 Bonds shall be sold pursuant to a negotiated sale with the Underwriter or pursuant to a private placement with a bank, (b) the aggregate purchase price of the 2017 Bonds and the underwriting discount which shall not exceed 0.90% of the aggregate stated principal amount thereof, (c) the form and contents of any bond purchase agreement or Grand Island Council Session - 2/28/2017 Page 28 / 259 ORDINANCE NO. 9626 4 other agreement in connection with such sale, (d) the title (including series designation), dated date (which shall not be later than December 31, 2017), aggregate principal amount (including the aggregate principal amounts of serial Bonds and term Bonds, if any), which aggregate stated principal amount shall not exceed $8,200,000, provided, however, such overall aggregate stated principal amount may be increased if such bonds are issued with net original issue discount by such amount necessary to produce an equal amount of net proceeds if issued without net original issue discount, (e) the final maturity date of the 2017 Bonds, which shall not be later than December 31, 2037, (f) the principal amounts maturing in each year, (g) the rate or rates of interest to be borne by each principal maturity of the 2017 Bonds, provided that (1) the true interest cost of the 2017 Bonds issued to pay costs of the Project shall not exceed 4.50% and (2) net present value savings over the Refunded Bonds results from the issuance of that portion of the 2017 Bonds issued to refund the Refunded Bonds, (h) the principal payment dates and interest payment dates, (i) any original issue discount or premium allocable to any maturities of the 2017 Bonds (j) whether the 2017 Bonds will be subject to redemption prior to their stated maturity, and if subject to such optional redemption, the provisions governing such redemption, including a redemption price not to exceed 104% of the principal amount then being redeemed plus accrued interest to the date of redemption, (k) the amount and due date of each sinking fund installment for any of the 2017 Bonds issued as term Bonds, (l) the designation of the Paying Agent and Registrar and the form and content of any agreement between the City and such entity, (m) the amount (which may be $0) from bond proceeds or other available funds which shall be deposited into the Debt Service Reserve Account for the 2017 Bonds, and (n) all other terms and provisions of the 2017 Bonds not otherwise specified or fixed by this Ordinance. The Authorized Officers, or each individually, are hereby authorized to irrevocably call any or all of the 2012 Bonds (as called for redemption, the “Refunded Bonds”) for redemption on such date he or she determines appropriate, which date shall be the Redemption Date hereunder. The Authorized Officers, or each individually, are hereby authorized to designate, approve, execute and deliver, as the case may be (i) the form, content, terms and provisions of any published and/or mailed notice of redemption with respect to the payment and redemption of the Refunded Bonds, (ii) an Escrow Agent, (iii) the form, content, terms and provisions of an Escrow Agreement with the Escrow Agent for the purpose of providing for the deposit in trust with the Escrow Agent a portion of the net proceeds of the Bonds, the investment of such net proceeds pending their application, the application of such proceeds and any investment income to the payment of all of the principal of and interest on the Refunded Bonds maturing on or before the Redemption Date and the application of the balance of such proceeds and any investment income thereof to the redemption and retirement of the Refunded Bonds on the Redemption Dates. The 2017 Bonds shall be issued in fully registered form in the denomination of $5,000 or any integral multiple thereof. The date of original issue for the 2017 Bonds shall be Date of Delivery. Interest on the 2017 Bonds, at the respective rates for each maturity, shall be payable as determined in the Designation (each an “Interest Payment Date”), and the 2017 Bonds shall bear such interest from the date of original issue or the most recent Interest Payment Date, whichever is later. The interest due on each Interest Payment Date shall be payable to the registered owners of record as of the fifteenth day immediately preceding the Interest Payment Date (the “Record Date”), subject to the provision of Section 5 hereof. The 2017 Bonds shall be numbered from 1 upwards in the order of their issuance. No 2017 Bond shall be issued originally or upon transfer or partial redemption having more than one principal maturity. The initial bond numbering and principal amounts for each of the 2017 Bonds issued shall be as directed by the Underwriter. Payments of interest due on the 2017 Bonds prior to maturity or earlier redemption shall be made by the Paying Agent and Registrar, as designated pursuant to Section 4 hereof, by mailing a check or draft in the amount due for such interest on each Interest Payment Date, to such owner’s registered address as shown on the books of registration as required to be maintained in Section 4 hereof. Payments of principal due at maturity or at any date fixed for redemption prior to maturity, Grand Island Council Session - 2/28/2017 Page 29 / 259 ORDINANCE NO. 9626 5 together with any unpaid interest accrued thereon, shall be made by the Paying Agent and Registrar upon presentation and surrender of the 2017 Bonds to said Paying Agent and Registrar. The City and said Paying Agent and Registrar may treat the registered owner of any 2017 Bond as the absolute owner of such bond for the purpose of making payments thereon and for all other purposes and neither the City nor the Paying Agent and Registrar shall be affected by any notice or knowledge to the contrary, whether such bond or any installment of interest due thereon shall be overdue or not. All payments on account of interest or principal made to the registered owner of any 2017 Bond in accordance with the terms of this Ordinance shall be valid and effectual and shall be a discharge of the City and said Paying Agent and Registrar, in respect of the liability upon the 2017 Bonds or claims for interest to the extent of the sum or sums so paid. Section 4. The Paying Agent and Registrar designated in the Designation shall serve in such capacities under the terms of an agreement entitled “Paying Agent and Registrar’s Agreement” between the City and said Paying Agent and Registrar, in substantially the form presented in connection with the adoption of this Ordinance, in a form approved by an Authorized Officer. The Authorized Officers, or each individually, are hereby authorized to execute said agreement on behalf of the City in the form presented or with such changes, modifications and completions as such officers shall deem appropriate on behalf of the City. The Paying Agent and Registrar shall keep and maintain for the City books for the registration and transfer of the 2017 Bonds at its designated corporate trust office. The names and registered addresses of the registered owner or owners of the 2017 Bonds shall at all times be recorded in such books. Any 2017 Bond may be transferred pursuant to its provisions at the designated corporate trust office of said Paying Agent and Registrar by surrender of such bond for cancellation, accompanied by a written instrument of transfer, in form satisfactory to said Paying Agent and Registrar, du1y executed by the registered owner in person or by such owner’s duly authorized agent, and thereupon the Paying Agent and Registrar on behalf of the City will deliver at its office (or send by registered mail to the transferee owner or owners thereof at such transferee owner’s or owners’ risk and expense), registered in the name of such transferee owner or owners, a new 2017 Bond or 2017 Bonds of the same interest rate, aggregate principal amount and maturity. To the extent of the denominations authorized for the 2017 Bonds by this Ordinance, one 2017 Bond may be transferred for several such 2017 Bonds of the same interest rate and maturity, and for a like aggregate principal amount, and several such 2017 Bonds may be transferred for one or several such 2017 Bonds, respectively, of the same interest rate and maturity and for a like aggregate principal amount. In every case of transfer of a 2017 Bond, the surrendered 2017 Bond or 2017 Bonds shall be canceled and destroyed. All 2017 Bonds issued upon transfer of the 2017 Bonds so surrendered shall be valid obligations of the City evidencing the same obligations as the 2017 Bonds surrendered and shall be entitled to all the benefits and protection of this Ordinance to the same extent as the 2017 Bonds upon transfer of which they were delivered. The City and said Paying Agent and Registrar shall not be required to transfer any 2017 Bond during any period from any Record Date until its immediately following Interest Payment Date or to transfer any 2017 Bond called for redemption for a period of 30 days next preceding the date fixed for redemption. Section 5. In the event that payments of interest due on the 2017 Bonds on an Interest Payment Date are not timely made, such interest shall cease to be payable to the registered owners as of the Record Date for such Interest Payment Date and shall be payable to the registered owners of the 2017 Bonds as of a special date of record for payment of such defaulted interest as shall be designated by the Paying Agent and Registrar whenever monies for the purpose of paying such defaulted interest become available. Section 6. The 2017 Bonds shall be subject to redemption, in whole or in part, prior to maturity at any time on or after the fifth anniversary of the date of original issue thereof, at the principal amount thereof together with accrued interest on the principal amount redeemed to the date fixed for redemption (or as may otherwise be determined in the Designation). Such optional redemption shall be made from Grand Island Council Session - 2/28/2017 Page 30 / 259 ORDINANCE NO. 9626 6 time to time as shall be directed by the Mayor and Council of the City. The City may select the 2017 Bonds for optional redemption in its sole discretion. The 2017 Bonds shall be redeemed only in amounts of $5,000 or integral multiples thereof. Any 2017 Bond redeemed in part only shall be surrendered to said Paying Agent and Registrar in exchange for a new 2017 Bond evidencing the unredeemed principal thereof. Notice of redemption of any 2017 Bond called for redemption shall be given, at the direction of the City by said Paying Agent and Registrar by mail not less than 30 days prior to the date fixed for redemption, first class, postage prepaid, sent to the registered owner of such 2017 Bond at said owner’s registered address. Such notice shall designate the 2017 Bond or 2017 Bonds to be redeemed by maturity or otherwise, the date of original issue and the date fixed for redemption and shall state that such 2017 Bond or 2017 Bonds are to be presented for prepayment at the designated corporate trust office of said Paying Agent and Registrar. In case of any 2017 Bond partially redeemed, such notice shall specify the portion of the principal amount of such bond to be redeemed. No defect in the mailing of notice for any 2017 Bond shall affect the sufficiency of the proceedings of the City designating the 2017 Bonds called for redemption or the effectiveness of such call for 2017 Bonds for which notice by mail has been properly given and the City shall have the right to further direct notice of redemption for any such 2017 Bond for which defective notice has been given. Section 7. If the date for payment of the principal of or interest on the 2017 Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the designated corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. Section 8. The 2017 Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF NEBRASKA COUNTY OF HALL CITY OF GRAND ISLAND WATER REVENUE AND REFUNDING BOND, SERIES 2017 No.R-_____$ ______ Interest Rate Maturity Date Date of Original Issue [CUSIP No.] _______, 20__ _____, 2017 Registered Owner: Principal Amount:Dollars ($________ ) Grand Island Council Session - 2/28/2017 Page 31 / 259 ORDINANCE NO. 9626 7 KNOW ALL PERSONS BY THESE PRESENTS: That the City of Grand Island, in the County of Hall, in the State of Nebraska, hereby acknowledges itself to owe and for value received promises to pay, but only from the special sources hereinafter described, to the registered owner specified above, or registered assigns, the principal amount specified above in lawful money of the United States of America on the date of maturity specified above with interest thereon to maturity (or-earlier redemption) from the date of original issue or most recent Interest Payment Date, whichever is later, at the rate per annum specified above payable semiannually on _______ and _______ of each year, commencing ________, 20__ (each, an “Interest Payment Date”). Such interest shall be computed on the basis of a 360-day year consisting of twelve 30 day months. The principal of this bond together with interest thereon unpaid and accrued at maturity (or earlier redemption) is payable upon presentation and surrender of this bond at the designated corporate trust office of _____________________, as Paying Agent and Registrar, in _________, ________________. Interest on this bond due prior to maturity or earlier redemption will be paid on each Interest Payment Date by a check or draft mailed by the Paying Agent and Registrar to the registered owner of this bond, as shown on the books of record maintained by the Paying Agent and Registrar, at the close of business on the fifteenth day immediately preceding each Interest Payment Date, to such owner’s address as shown on such books and records. Any interest not so timely paid shall cease to be payable to the person entitled thereto as of the record date such interest was payable, and shall be payable to the person who is the registered owner of this bond (or of one or more predecessor bonds hereto) on such special record date for payment of such defaulted interest as shall be fixed by the Paying Agent and Registrar whenever monies for such purpose become available. This bond is one of an issue of fully registered bonds of the total principal amount of _________________________________________ Dollars ($__________), of even date and like tenor except as to date of maturity, rate of interest and denomination, (the “2017 Bonds”) which were issued by the City for the purposes of (a) paying the costs of refunding the City’s outstanding Water Revenue and Refunding Bonds, Series 2012, date of original issue – June 26, 2012, in the principal amount of $__________ ,(b) paying the costs of enlarging, expanding and improving the waterworks plant and water system of the City (the “Water System”), and (c) funding a debt service reserve account for the bonds of which of this issue, and is issued pursuant to the terms of an ordinance (the “Ordinance”) passed and approved by the Mayor and Council of said City in accordance with and under the provisions of Sections 18-1803 to 18-1805, R.R.S. Neb. 2012, as amended. Any or all of the bonds of said issue maturing on or after _________, 20__, are subject to redemption at the option of the City, in whole or in part, at any time on or after the fifth anniversary of the date of original issue thereof, or at any time thereafter at the principal amount thereof, together with accrued interest on the principal amount redeemed to the date fixed for redemption. Such optional redemption shall be made from time to time as shall be directed by the Mayor and Council of the City. The City may select the 2017 Bonds for optional redemption in its sole discretion. Notice of redemption shall be given by mail to the registered owner of any 2017 Bond called for redemption in the manner specified in the Ordinance authorizing said issue of bonds. Individual bonds may be redeemed in part but only in $5,000 amounts or integral multiples thereof. This bond is transferable by the registered owner or such owner’s attorney duly authorized in writing at the designated corporate trust office of the Paying Agent and Registrar upon surrender and cancellation of this bond and thereupon a new bond or bonds of the same aggregate principal amount, interest rate and maturity will be issued to the transferee as provided in the Ordinance, [subject to the limitations therein prescribed][only upon receipt by and approval of the City of an investor letter in substantially the form signed by the original purchaser as of the date of original issuance of the 2017 Bonds]. The City, the Paying Agent and Registrar and any other person may treat the person in whose name this bond is registered as the absolute owner hereof for the purpose of receiving payment due Grand Island Council Session - 2/28/2017 Page 32 / 259 ORDINANCE NO. 9626 8 hereunder and for all purposes and shall not be affected by any notice to the contrary whether this bond be overdue or not. If the date for payment of the principal of or interest on this bond shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the designated corporate trust office of the Paying Agent and Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized to close, and payment on such day shall have the same force and effect as if made on the nominal date of payment. The revenues and earnings of the Water System, including all improvements and additions thereto hereafter constructed or acquired, are pledged and hypothecated, equally and ratably for the payment of this bond and the other 2017 Bonds, for the payment of the City’s outstanding Water Revenue Refunding Bonds, Series 2012, (the “Outstanding Bonds”) and for the payment of any additional bonds of equal priority issued in accordance with the terms of the Ordinance. The 2017 Bonds are a lien only upon said revenue and earnings and are not general obligations of the City of Grand Island, Nebraska. The Ordinance sets forth the covenants and obligations of the City with respect to the Water System and the applications of the revenues and earnings thereof, which revenues and earnings under the terms of the Ordinance are required be deposited to the “Grand Island Water System Fund” (as maintained in the Ordinance) and disbursed to pay costs of operation and maintenance of the Water System, make payments of principal and interest on the 2017 Bonds and any additional bonds of equal priority with the 2017 Bonds and other payments as specified in the Ordinance. The Ordinance also designates the terms and conditions under which additional bonds of equal priority with the 2017 Bonds may be issued. The Ordinance also designates the terms and conditions upon which this bond shall cease to be entitled to any lien, benefit or security under such Ordinance and all covenants, agreements and obligations of the City under the Ordinance may be discharged and satisfied at or prior to the maturity or redemption of this bond if monies or certain specified securities shall have been deposited with a trustee bank. In the Ordinance the City also reserves the right to issue bonds or notes junior in lien to 2017 Bonds and additional bonds of equal priority to the 2017 Bonds, the principal and interest of which shall be payable from monies in the “Surplus Account” of the Grand Island Water System Fund as described in the Ordinance. IT IS HEREBY CERTIFIED AND WARRANTED that all conditions, acts and things required by law to exist or to be done precedent to and in the issuance of this bond did exist, did happen and were done and performed in regular and due form and time as required by law. [AS PROVIDED IN THE ORDINANCE REFERRED TO HEREIN, UNTIL THE TERMINA- TION OF THE SYSTEM OF BOOK-ENTRY-ONLY TRANSFERS THROUGH THE DEPOSITORY TRUST COMPANY, NEW YORK, NEW YORK (TOGETHER WITH ANY SUCCESSOR SECURITIES DEPOSITORY APPOINTED PURSUANT TO THE ORDINANCE, “DTC”), AND NOTWITHSTANDING ANY OTHER PROVISIONS OF THE ORDINANCE TO THE CONTRARY, A PORTION OF THE PRINCIPAL AMOUNT OF THIS BOND MAY BE PAID OR REDEEMED WITHOUT SURRENDER HEREOF TO THE REGISTRAR. DTC OR A NOMINEE, TRANSFEREE OR ASSIGNEE OF DTC OF THIS BOND MAY NOT RELY UPON THE PRINCIPAL AMOUNT INDICATED HEREON AS THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID. THE PRINCIPAL AMOUNT HEREOF OUTSTANDING AND UNPAID SHALL FOR ALL PURPOSES BE THE AMOUNT DETERMINED IN THE MANNER PROVIDED IN THE ORDINANCE. Grand Island Council Session - 2/28/2017 Page 33 / 259 ORDINANCE NO. 9626 9 UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED OFFICER OF DTC (A) TO THE REGISTRAR FOR REGISTRATION OF TRANSFER OR EXCHANGE OR (B) TO THE REGISTRAR FOR PAYMENT OF PRINCIPAL, AND ANY BOND ISSUED IN REPLACEMENT HEREOF OR SUBSTITUTION HEREFOR IS REGISTERED IN THE NAME OF DTC AND ANY PAYMENT IS MADE TO DTC OR ITS NOMINEE, ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL BECAUSE ONLY THE REGISTERED OWNER HEREOF, DTC OR ITS NOMINEE, HAS AN INTEREST HEREIN.] This bond shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. IN WITNESS WHEREOF, the Mayor and Council of the City of Grand Island, Nebraska, have caused this bond to be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk of the City and by causing the official seal of the City to be imprinted hereon, all as of the Date of Original Issue shown above. CITY OF GRAND ISLAND, NEBRASKA (facsimile signature) Mayor ATTEST: (Facsimile signature) City Clerk (SEAL) CERTIFICATE OF AUTHENTICATION This bond is one of the bonds authorized by Ordinance passed and approved by the Mayor and Council of the City of Grand Island, in the State of Nebraska, described in said bond. __________________________, ___________, ____________, Paying Agent and Registrar By:___________________________________ Authorized Signature Grand Island Council Session - 2/28/2017 Page 34 / 259 ORDINANCE NO. 9626 10 (FORM OF ASSIGNMENT) For value received ________________________________________________hereby sells, assigns, and transfers unto ___________________________________________________the within bond and hereby irrevocably constitutes and appoints ______________________________ ______________________________________________, Attorney, to transfer the same on the books of registration in the office of the within mentioned Paying Agent and Registrar with full power of substitution in the premises. Date: ____________________ _________________________ _________________________ Registered Owner Signature Guaranteed By: _________________________________ ____________________________________ Authorized Officer Note: The signature(s) on this assignment MUST CORRESPOND with the name(s) as written on the face of the within bond in every particular, without alteration, enlargement or any change whatsoever, and must be guaranteed by a commercial bank or a trust company or by a firm having membership on the New York, Midwest or other stock exchange. Section 9. Each of the 2017 Bonds shall be executed on behalf of the City with the facsimile signatures of the Mayor and the City Clerk and shall have imprinted thereon the City’s seal. If the 2017 Bonds are issued pursuant to a private placement, the following provisions relating to the Depository shall not apply. If issued pursuant to a negotiated sale with the Underwriter, the 2017 Bonds shall be issued initially as “book-entry-only” bonds under the services of The Depository Trust Company (the “Depository”), with one typewritten bond per maturity being issued to the Depository. In such connection said officers of the City are authorized to execute and deliver a Letter of Representations (the “Letter of Representations”) in the form required by the Depository (including any blanket letter previously executed and delivered), for and on behalf of the City, which shall thereafter govern matters with respect to registration, transfer, payment and redemption of the 2017 Bonds. With respect to the issuance of the 2017 Bonds as “book-entry-only” bonds, the following provisions shall apply: (a) The City and the Paying Agent and Registrar shall have no responsibility or obligation to any broker-dealer, bank or other financial institution for which the Depository holds 2017 Bonds as securities depository (each, a “Bond Participant”) or to any person who is an actual purchaser of a 2017 Bond from a Bond Participant while the 2017 Bonds are in book-entry form (each, a “Beneficial Owner”) with respect to the following: (i) the accuracy of the records of the Depository, any nominees of the Depository or any Bond Participant with respect to any ownership interest in the 2017 Bonds, Grand Island Council Session - 2/28/2017 Page 35 / 259 ORDINANCE NO. 9626 11 (ii) the delivery to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any notice with respect to the 2017 Bonds; including any notice of redemption, or (iii) the payment to any Bond Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the 2017 Bonds. The Paying Agent and Registrar shall make payments with respect to the 2017 Bonds only to or upon the order of the Depository or its nominee, and all such payments shall be valid and effective fully to satisfy and discharge the obligations with respect to such 2017 Bonds to the extent of the sum or sums so paid. No person other than the Depository shall receive an authenticated Bond, except as provided in (e) below. (b) Upon receipt by the Paying Agent and Registrar of written notice from the Depository to the effect that the Depository is unable or unwilling to discharge its responsibilities, the Paying Agent and Registrar shall issue, transfer and exchange 2017 Bonds requested by the Depository in appropriate amounts. Whenever the Depository requests the Paying Agent and Registrar to do so, the Paying Agent and Registrar will cooperate with the Depository in taking appropriate action after reasonable notice (i) to arrange, with the prior written consent of the City, for a substitute depository willing and able upon reasonable and customary terms to maintain custody of the 2017 Bonds or (ii) to make available 2017 Bonds registered in whatever name or names as the Beneficial Owners transferring or exchanging such 2017 Bonds shall designate. (c) If the City determines that it is desirable that certificates representing the 2017 Bonds be delivered to the ultimate beneficial owners of the 2017 Bonds and so notifies the Paying Agent and Registrar in writing, the Paying Agent and Registrar shall so notify the Depository, whereupon the Depository will notify the Bond Participants of the availability through the Depository of bond certificates representing the 2017 Bonds. In such event, the Paying Agent and Registrar shall issue, transfer and exchange bond certificates representing the 2017 Bonds as requested by the Depository in appropriate amounts and in authorized denominations. (d) Notwithstanding any other provision of this Ordinance to the contrary, so long as any 2017 Bond is registered in the name of the Depository or any nominee thereof, all payments with respect to such 2017 Bond and all notices with respect to such 2017 Bond shall be made and given, respectively, to the Depository as provided in the Letter of Representations. (e) Registered ownership of the 2017 Bonds may be transferred on the books of registration maintained by the Paying Agent and Registrar, and the 2017 Bonds may be delivered in physical form to the following: (i) any successor securities depository or its nominee; or (ii) any person, upon (A) the resignation of the Depository from its functions as depository or (B) termination of the use of the Depository pursuant to this Section and the terms of the Paying Agent and Registrar’s Agreement. (f) In the event of any partial redemption of a 2017 Bond unless and until such partially redeemed 2017 Bond has been replaced in accordance With the provisions of this Ordinance, the books and records of the Paying Agent and Registrar shall govern and establish the principal amount of such bond as is then outstanding and all of the 2017 Bonds issued to the Depository or its nominee shall contain a legend to such effect. Grand Island Council Session - 2/28/2017 Page 36 / 259 ORDINANCE NO. 9626 12 If for any reason the Depository is terminated or resigns and is not replaced, or upon termination by the City of book-entry-only form, the City shall immediately provide a supply of printed bond certificates, for issuance upon the transfers from the Depository and subsequent transfers or in the event of partial redemption. In the event that such supply of certificates shall be insufficient to meet the requirements of the Paying Agent and Registrar for issuance of replacement bond certificates upon transfer or partial redemption, the City agrees to order printed an additional supply of bond certificates and to direct their execution by manual or facsimile signatures of its then duly qualified and acting officers. In case any officer whose signature or facsimile thereof shall appear on any 2017 Bond shall cease to be such officer before the delivery of such bond (including such certificates delivered to the Paying Agent and Registrar for issuance upon transfer or partial redemption), such signature or such facsimile signature (nevertheless be valid and sufficient for all purposes the same as if such officer or officers had remained in office until the delivery of the 2017 Bond. The 2017 Bonds shall not be valid and binding on the City until authenticated by the Paying Agent and Registrar. The 2017 Bonds shall be delivered to the Paying Agent and Registrar for registration and authentication. Upon execution, registration, and authentication of the 2017 Bonds, they shall be delivered to the City Treasurer, acting on behalf of the City, who is authorized to deliver them to a bank, in the case of a private placement, or to the Underwriter, as initial purchaser thereof, in the case of a negotiated sale, at a price to be determined in the Designation. The Authorized Officers, or any one of them, are hereby authorized to execute and deliver a bond purchase agreement or other agreement of sale with the Underwriter or a bank, as appropriate, for and on behalf of the City. Said initial purchaser shall have the right to direct the registration of the 2017 Bonds and the denominations thereof within each maturity, subject to the restrictions of this Ordinance. Such purchaser and its agents, representatives and bond counsel are hereby authorized to take such actions on behalf of the City as are necessary to effectuate the closing of the issuance and sale of the 2017 Bonds, including without limitation, authorizing the release of the 2017 Bonds by the Depository at closing. The City Clerk shall make and certify a transcript of the proceedings of the Mayor and Council with respect to the 2017 Bonds, a copy of which shall be delivered to the initial purchaser. Section 10. The net sale proceeds of the 2017 Bonds required to redeem the Refunded Bonds (the “Redemption Proceeds”), along with any necessary funds of the City on hand, shall be applied to the payment and satisfaction of all of the principal of and the interest on the Refunded Bonds falling due prior to, and as called for redemption on, the Redemption Date. The remaining net principal proceeds of the 2017 Bonds shall be applied on order of the Mayor and Council to the payment of costs of improvements to the Water System. Accrued interest received from the sale of the 2017 Bonds, if any, shall be applied to pay interest first falling due on the 2017 Bonds. Expenses of issuance of the 2017 Bonds may be paid from the proceeds of the 2017 Bonds. In order to satisfy the City's obligation on the Refunded Bonds, if determined necessary and appropriate by an Authorized Officer, such Redemption Proceeds, along with funds of the City on hand shall be set aside and held and invested in a special trust account which is hereby ordered established with such bank or trust company as determined by an Authorized Officer to act as escrow agent (the “Escrow Agent”). The Escrow Agent shall have custody and safekeeping of the funds and investments which are to be set aside for the payment of the Refunded Bonds. For purposes of governing such escrow account and the holding and application of such funds and investments, the City shall enter into a contract entitled "Escrow Agreement" with the Escrow Agent. The Authorized Officers, or each individually, are hereby authorized and directed to execute and deliver on behalf of the City said Escrow Agreement, including necessary counterparts, in substantially the form and content as presented to the meeting at which this resolution is adopted, but with such changes and modifications therein as to them seem necessary, desirable, or appropriate for and on behalf of the City. Said Authorized Officers are further authorized to approve the investments provided for in said Escrow Agreement, and to make any necessary subscriptions for United States Treasury Securities, State and Local Government Series, or to contract for the purchase of securities in the open market. Said proceeds shall be invested in obligations of the United States Government, direct or guaranteed, including United States Treasury Securities, State and Local Government Series. To the extent that such proceeds are held in a bank Grand Island Council Session - 2/28/2017 Page 37 / 259 ORDINANCE NO. 9626 13 depository account, such deposits shall be insured by insurance of the Federal Deposit Insurance Corporation or, to the extent not fully insured, fully collateralized in the same manner as is required for deposit of public funds. Any investment from the proceeds of the 2017 Bonds herein authorized shall mature not later than each Redemption Date. As provided in said Escrow Agreement, the proceeds of the 2017 Bonds herein authorized and investment earnings thereon shall be applied to the payment of the principal of and interest on the Refunded Bonds as the same become due on and prior to each respective Redemption Date, and as called for redemption on each respective Redemption Date. The City agrees that on the date of original issue of the 2017 Bonds, or as soon thereafter as practicable, it shall deposit or otherwise have on hand with the Escrow Agent, from other available sources, funds sufficient after taking into consideration available proceeds of the 2017 Bonds and investment earnings to provide funds for all payments due on the Refunded Bonds on or before each respective Redemption Date, and as called for redemption on each Redemption Date. The City further agrees and authorizes all officers of the City, including but not limited to the Authorized Officers, to do all things necessary and appropriate in connection with the issuance of the 2017 Bonds and the redemption of the Refunded Bonds. Section 11. The revenues and earnings of the Water System (including any and all additions and improvements thereto hereafter acquired) are hereby pledged and hypothecated for the payment of the 2017 Bonds and any Additional Bonds as authorized by this Ordinance and interest on such 2017 Bonds and any such Additional Bonds and the City does hereby agree with the holders of said 2017 Bonds as follows: (a) GRAND ISLAND WATER SYSTEM FUND- The entire gross revenues and income derived from the operation of the Water System shall be set aside as collected and deposited in a separate fund which has been previously established and designated as the “Grand Island Water System Fund.” For purposes of allocating the monies in the Grand Island Water System Fund, the City shall maintain the following accounts: (1) Operation and Maintenance Account; (2) Bond Payment Account; (3) Debt Service Reserve Account; and (4) Surplus Account. (b) OPERATION AND MAINTENANCE ACCOUNT- Out of the Grand Island Water System Fund there shall be monthly credited into the Operation and Maintenance Account such amounts as the City shall from time to time determine to be necessary to pay the reasonable and necessary expenses of operating and maintaining the Water System and the City may withdraw funds credited to the Operation and Maintenance Account as necessary from time to time to pay such expenses. (c) BOND PAYMENT ACCOUNT - Out of the Grand Island Water System Fund there shall be credited monthly on or before the fifteenth day of each month to the Bond Payment Account (or such other amounts on such other dates as may be determined in the Designation) the following amounts: (1)Beginning on the fifteenth day of the month immediately following the month in which the 2017 Bonds are issued and continuing the fifteenth day of each month thereafter so long as any of the 2017 Bonds herein authorized remain outstanding and unpaid, an amount not less than the amount which, if the same amount were deposited each month, would be sufficient to pay the interest becoming due on the 2017 Bonds on the next succeeding Interest Payment Date. (2)Beginning on the fifteenth day of the month thirteen months preceding the month in which the first principal payment is due and continuing the fifteenth day of each month thereafter so long as any of the 2017 Bonds herein authorized remain outstanding and Grand Island Council Session - 2/28/2017 Page 38 / 259 ORDINANCE NO. 9626 14 unpaid, an amount equal to 1/12th of the next maturing principal payment for the 2017 Bonds. (3)During the periods and in the amounts specified for the Outstanding Bonds in the Prior Ordinance. The City Treasurer is hereby authorized and directed, without further authorization, to withdraw monies credited to the Bond Payment Account, or if the monies in such Account are insufficient, then from the sub-accounts within the Debt Service Reserve Account (but only for the series of bonds for which each respective sub-account has been established) and next from the Surplus Account, an amount sufficient to pay, when due, the principal of and interest on the 2017 Bonds or any Additional Bonds and to transfer such amounts due to the respective paying agent and registrar (or other paying agent for Additional Bonds), at least five (5) business days before each principal and interest payment date. Upon the issuance of any Additional Bonds pursuant to this Ordinance, appropriate additional credits to the Bond Payment Account shall be provided for sufficient to pay principal and interest on said Additional Bonds. (d) DEBT SERVICE RESERVE ACCOUNT -The City agrees that it shall deposit an amount (which may be $0) as determined in the Designation, from sources determined in the Designation, as the amount required to be maintained attributable to the 2017 Bonds in a separate sub-account in the Debt Service Reserve Account. The sub- account in the Debt Service Reserve Account for the Outstanding Bonds shall remain as provided for in the Prior Ordinance. Monies credited to the Debt Service Reserve Account may be withdrawn, but only from the designated sub-account for a specific issue, as needed, to provide funds to pay, when due, the principal of and interest on the 2017 Bonds, the Outstanding Bonds and any Additional Bonds issued pursuant to this Ordinance, as the case may be, if the Bond Payment Account contains insufficient funds for that purpose, and the City Treasurer is hereby authorized and directed to make such withdrawal if and when needed. In the event of a withdrawal from the Debt Service Reserve Account, there shall be credited to the Debt Service Reserve Account in the month following such withdrawal all monies in the Grand Island Water System Fund remaining after making the payments required to be made in such month to the Operation and Maintenance Account and Bond Payment Account and each month thereafter all such remaining monies shall be credited to the appropriate sub­ account in the Debt Service Reserve Account until such sub-account has been restored to the required balance. Upon the issuance of any Additional Bonds, the amount required to be accumulated and maintained in the Debt Service Reserve Account, in a separate sub-account for such Additional Bonds, shall be set at an amount (which may be $-0-) as determined appropriate by the Mayor and Council in connection with any such issue of Additional Bonds. Any such required increase shall be provided for either by credit made from bond proceeds or current funds of the Water System then available or by equal monthly credits from the Grand Island Water System Fund made in such amounts so that the required amount shall be accumulated in a period of not more than five years. Each sub-account in the Debt Service Reserve Account shall be held solely for the specific issue for which it is established. In the event of withdrawal from any such sub-account which results in the amount in such sub-account being deficient to meet the required balance, available amounts for restoring sub-account balances shall be credited to each deficient sub- account on a pro rata basis in accordance with the respective outstanding principal amounts for those issues for which the respective sub-accounts are then deficient. When the 2017 Bonds, the Outstanding Bonds or any issue of Additional Bonds for which a sub-account has been established are no longer outstanding, the particular sub-account for Grand Island Council Session - 2/28/2017 Page 39 / 259 ORDINANCE NO. 9626 15 such issue shall no longer be required to be maintained. Anything in this subsection 11(d) to the contrary notwithstanding, the amount required to be maintained in the Debt Service Reserve Account with respect to the 2017 Bonds, the Outstanding Bonds or any issue of Additional Bonds shall not at any time exceed the maximum amount permitted to be invested without yield restriction under Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended, and applicable regulations of the United States Treasury Department. (e)SURPLUS ACCOUNT Monies in the Grand Island Water System Fund remaining after the credits required in the foregoing Subsections 11(b), 11(c), and 11(d) shall be credited to the Surplus Account. Monies in the Surplus Account may be used to make up any deficiencies in any of the preceding Accounts, to retire any of the 2017 Bonds, the Outstanding Bonds or any Additional Bonds prior to their maturity, to pay principal of and interest on any junior lien indebtedness incurred with respect to the Water System, to provide for replacements or improvements for the Water System or to provide for any other lawful purpose of the City including payments in lieu of taxes in an amount not to exceed 1% of the gross revenues of the Water System in any fiscal year (as and to the extent permitted by law) or interfund transfers as directed by the Mayor and City Council. The provisions of this Section shall require the City to maintain a set of books and records in accordance with such accounting methods and procedures as are generally applicable to municipal utility enterprises, which books and records shall show credits to and expenditures from the several Accounts required by this Section. Monies credited to the Grand Island Water System Fund or any of the Accounts therein as established by this Ordinance shall be deposited or invested separate and apart from other City funds. Except as specified below for the Debt Service Reserve Account, the City shall not be required to establish separate bank or investment accounts for the Accounts described in Subsections 11(b), 11(c), 11(d), and 11(e). Monies credited to the Debt Service Reserve Account shall, if maintained in a demand or time deposit account, be kept in a separate account and not commingled with other Water System funds or accounts. If invested, monies credited to the Debt Service Reserve Account may be commingled with other Water System funds or accounts so long as the City maintains books and records clearly identifying the specific investments, or portions thereof, which belong to the Debt Service Reserve Account Monies in any of said Accounts except the Debt Service Reserve Account may be invested in investments permissible for a city of the first class. Monies in the Debt Service Reserve Account may be invested in Deposit Securities. Monies invested from the Debt Service Reserve Account shall be invested to mature in not more than ten years. Investments held for the Debt Service Reserve Account will be valued at cost for purposes of determining compliance with the requirements of this Ordinance as to the amount required to be maintained in the Debt Service Reserve Account or any sub-account therein. Income from or profit realized from investments for any Account or any sub-account shall be credited to such Account or sub-account until such Account or sub-account contains any amount then required to be therein, and thereafter such income or profit shall be transferred to the Grand Island Water System Fund and treated as other revenues from the operation of the Water System. The ordinance authorizing any series of Additional Bonds for which a debt service reserve sub-account is to be established shall establish the terms for investment related to such sub-account. The pledge and hypothecation provided for the 2017 Bonds, the Outstanding Bonds and any Additional Bonds as provided for in this ordinance is intended to and shall provide for a first and prior pledge on, lien upon and security interest in the revenues of the Water System superior to any pledge, lien or security interest made or given with respect to any other indebtedness of the City as to its Water System and is intended as a full exercise of the powers of the City provided for in Sections 18-1803 to 18- Grand Island Council Session - 2/28/2017 Page 40 / 259 ORDINANCE NO. 9626 16 1805, R.R.S. Neb. 2012, as now or hereafter amended, with respect to the City’s Water System and the revenues and earnings thereof. Section 12. So long as any of the 2017 Bonds, the Outstanding Bonds and any Additional Bonds issued pursuant to this Ordinance shall remain outstanding and unpaid, the City covenants and agrees to establish, revise, from time to time as necessary, and collect such rates and charges for the service furnished from the Water System adequate to produce revenues and earnings sufficient at all times: (a) To provide funds to pay, when due, the principal of and interest on the 2017 Bonds, the Outstanding Bonds and any Additional Bonds issued pursuant to this Ordinance; (b) To pay all proper and necessary costs of operation and maintenance of the Water System and to pay for the necessary and proper repairs, replacements, enlargements, extensions and improvements to the Water System and to pay and perform all contractual obligations of the City related to the Water System; (c) To provide funds sufficient to make the credits into the Accounts and at the times and in the amounts required by Section 11 of this Ordinance; and (d) To maintain Net Revenues in each fiscal year adopted by the City for the Water System in an amount not less than 1.20 times the total amount of principal paid or payable (exclusive of any principal redeemed prior to maturity other than principal redeemed pursuant to a schedule of mandatory redemptions) and interest falling due during such fiscal year on the 2017 Bonds, the Outstanding Bonds and any Additional Bonds. Section 13. To provide funds for any purpose related to the Water System, the City may issue Additional Bonds, except for Additional Bonds issued for refunding purposes which are governed by Section 14 of this Ordinance, payable from the revenues of the Water System having equal priority and on a parity with the 2017 Bonds, the Outstanding Bonds and any Additional Bonds then outstanding, only upon compliance with the following conditions: (a) Such Additional Bonds shall be issued only pursuant to an ordinance which shall provide for an increase in the monthly credits into the Bond Payment Account in amounts sufficient to pay, when due, the principal of and interest on the 2017 Bonds, the Outstanding Bonds and any Additional Bonds then outstanding and the proposed Additional Bonds and for any monthly credits to the Debt Service Reserve Account as are required under Subsection 11(d). (b) The City shall have complied with one or the other of the two following requirements: 1)The Net Revenues derived by the City from its Water System for the fiscal year next preceding the issuance of the Additional Bonds shall have been at least equal to 1.25 times the Average Annual Debt Service Requirements of the 2017 Bonds, the Outstanding Bonds and any Additional Bonds, all as then outstanding, and of the proposed Additional Bonds; or 2)The City shall have received a projection made by a consulting engineer or firm of consulting engineers, recognized as having experience and expertise in municipal utility systems, projecting that the Net Revenues of the Water System in each of the three full fiscal years after the issuance of such Additional Bonds will be at least equal to 1.25 times the Average Annual Debt Service Requirements of the 2017 Bonds, the Outstanding Bonds and any Additional Grand Island Council Session - 2/28/2017 Page 41 / 259 ORDINANCE NO. 9626 17 Bonds, all as then outstanding, and of the proposed Additional Bonds. In making such projection, the consulting engineer shall use as a basis the Net Revenues of the Water System during the last fiscal year for which an independent audit has been prepared and shall adjust such Net Revenues as follows: (A) to reflect changes in rates which have gone into effect since the beginning of the year for which the audit was made, (B) to reflect such engineers estimate of the net increase over or net decrease under the Net Revenues of the Water System for the year for which the audit was made by reason of: (i) changes of amounts payable under existing contracts for services; (ii) additional general income from sales to customers under existing rate schedules for various classes of customers or as such schedules may be revised under a program of changes which has been adopted by the Mayor and Council of the City; (iii) projected revisions in costs for labor, wages, salaries, machinery, equipment, supplies and other operational items; (iv) revisions in the amount of service to be supplied and any related administrative or other costs associated with such increases due to increased supply from the acquisition of any new facility; and (v) such other factors affecting the projections of revenues and expenses as the consulting engineer deems reasonable and proper. Annual debt service on any proposed Additional Bonds to be issued may be estimated by the consulting engineer in projecting Average Annual Debt Service Requirements, but no Additional Bonds shall be issued requiring any annual debt service payment in excess of the amount so estimated by the consulting engineer. The City hereby covenants and agrees that so long as any of the 2017 Bonds, the Outstanding Bonds and any Additional Bonds are outstanding, it will not issue any bonds or notes payable from the revenues of the Water System except in accordance with the provisions of this Ordinance, provided, however, the City reserves the right to issue bonds or notes which are junior in lien to the 2017 Bonds, the Outstanding Bonds and any such Additional Bonds with the principal and interest of such bonds or notes to be payable from monies credited to the Surplus Account as provided in Subsection 11(e). Section 14. The City may issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 2017 Bonds, the Outstanding Bonds or Additional Bonds then outstanding, provided, that if any such 2017 Bonds, Outstanding Bonds or Additional Bonds are to remain outstanding after the issuance of such refunding bonds, the principal payments due in any calendar year in which those bonds which are to remain outstanding mature, or in any calendar year prior thereto, shall not be increased over the amount of such principal payments due in such calendar years immediately prior to such refunding. Refunding bonds issued in accordance with this paragraph of this Section 14 may be issued as Additional Bonds of equal lien without compliance with the conditions set forth in Subsection 13(b) of this Ordinance. The City may also issue refunding bonds which shall qualify as Additional Bonds of equal lien to refund any 2017 Bonds, Outstanding Bonds or Additional Bonds then outstanding provided, that, if any such 2017 Bonds, Outstanding Bonds or Additional Bonds are to remain outstanding after the application of the proceeds of the refunding bonds to the payment of the bonds which are to be refunded, such issuance must comply with the Net Revenues test set forth in Subsection 13(b)(l) of this Ordinance and, if the proceeds of such refunding bonds are not to be applied immediately to the satisfaction of the bonds which are to be refunded, then such refunding bonds must provide by their terms that they shall be junior in lien to all 2017 Bonds, Outstanding Bonds and any Additional Bonds outstanding at the time of issuance of such refunding bonds until the time of application of their proceeds to the satisfaction of the bonds which are to be refunded. In computing Average Annual Debt Service Requirements to show compliance with said Net Revenues test for such refunding bonds, all payments of principal and interest Grand Island Council Session - 2/28/2017 Page 42 / 259 ORDINANCE NO. 9626 18 due on such refunding bonds from the time of their issuance to the time of application of the proceeds of such refunding bonds to the satisfaction of the bonds which are to be refunded shall be excluded from such computation to the extent that such principal and interest are payable from sources other than the revenues of the Water System (such as bond proceeds held in escrow or investment earnings thereon) or from monies in the Surplus Account, and all payments of principal and interest due on the bonds which are to be refunded from and after the time of such application shall also be excluded. For purposes of this paragraph of this Section 14, the time of application of the proceeds of the refunding bonds to the satisfaction of the bonds which are to be refunded shall be the time of deposit with the paying agent for such bonds which are to be refunded pursuant to Section 10-126 R.R.S. Neb. 2012 (or any successor statutory provision thereto) or the time when such bonds which are to be refunded under the terms of their authorizing ordinance or ordinances are no longer deemed to be outstanding, whichever occurs sooner. Section 15. So long as any 2017 Bonds, Outstanding Bonds or Additional Bonds are outstanding, the City hereby covenants and agrees as follows: (a) The City will maintain the Water System in good condition and will continuously operate the same in a reasonable and efficient manner, and the City will punctually perform all the duties with reference to said system required, by the Constitution and statutes of the State of Nebraska, but this covenant shall not prevent the City from discontinuing the use and operation of all or any portion of the Water System so long as the revenues derived from the City’s ownership of the properties constituting the Water System shall be sufficient to fulfill this City’s obligations under Sections 11 and 12 of this Ordinance. (b) The City will not grant any franchise or right to any person, firm or corporation to own or operate a utility system or systems in competition with the Water System. (c) The City will maintain insurance on the property constituting the Water System (other than such portions of the system as are not normally insured) against risks customarily carried by similar utilities, but including fire and extended coverage insurance in an amount which would enable the City to repair, restore or replace the property damaged to the extent necessary to make the Water System operable in an efficient and proper manner to carry out the City’s obligations under this Ordinance. The Mayor and Council shall annually, after the end of each fiscal year adopted by the City for the Water System, examine the amount of insurance carried with respect to the Water System and shall evidence approval of such insurance by resolution. The proceeds of any such insurance received by the City shall be used to repair, replace or restore the property damaged or destroyed to the extent necessary to make the Water System operable in an efficient and proper manner, and any amount of insurance proceeds not so used shall be credited to the Surplus Account. In the event of any such insured casualty loss, the City may advance funds to make temporary repairs or provide for an advance on costs of the permanent repair, restoration or replacement from the Operation and Maintenance Account and any such advances shall be repaid from insurance proceeds received. (d) The City will keep proper books, records, and accounts separate from all other records and accounts in which complete and correct entries will be made of all transactions relating to the Water System. The City will have its operating and financial statements relating to the Water System audited annually by a certified public accountant or firm of certified public accountants. The City will furnish to the original purchaser of the 2017 Bonds, the Outstanding Bonds and to the original purchaser or purchasers of each series of Additional Bonds issued hereunder, within six months after the end of each fiscal year of the Water System, a copy of the financial statements of the Water System and the report thereon of the certified public accountants. Grand Island Council Session - 2/28/2017 Page 43 / 259 ORDINANCE NO. 9626 19 (e) The City shall cause each person handling any of the monies in the Grand Island Water System Fund to be bonded by an insurance company licensed to do business in Nebraska in an amount or amounts deemed sufficient by the Mayor and Council to cover the amount of money belonging to said system reasonably expected to be in the possession or control of such person. The amount of such bond or bonds shall be fixed by the Mayor and Council and the costs thereof shall be paid as an operating and maintenance expense from the Operation and Maintenance Account. Section 16. The City’s obligations under this ordinance and the liens, pledges, covenants and agreements of the City herein made or provided for, shall be fully discharged and satisfied as to the 2017 Bonds, and any such bonds shall no longer be deemed outstanding hereunder if such bonds shall have been-purchased and canceled by the City, or when payment of the principal of and interest thereon to the respective date of maturity or redemption (a) shall have been made or caused to be made in accordance with the terms thereof; or (b) shall have been provided for by depositing with the Paying Agent and Registrar or with a national or state bank having trust powers, or trust company, in trust, solely for such payment (1) sufficient money to make such payment deposited in a bank account or bank accounts which are fully insured by insurance of the Federal Deposit Insurance Corporation and/or (2) Deposit Securities in such amount and bearing interest at such rates and payable at such time or times and maturing or redeemable at stated fixed prices at the option of the holder as to principal at such time or times as will ensure the availability of sufficient money to make such payment; provided, however, that, With respect to any bond to be paid prior to maturity, the City shall have duly given notice of redemption of such bonds as provided by law or made irrevocable provision for the giving of such notice. Any money deposited with the Paying Agent and Registrar or with such bank or trust company may be invested or reinvested in U.S. Government Obligations at the direction of the City, and all interest and income from U.S. Government Obligations in the hands of the Paying Agent and Registrar or such bank or trust company in excess of the amount required to pay principal of and interest on the 2017 Bonds for which such monies or U.S. Government Obligations were deposited shall be paid over to the City as and when collected. For purposes of this Section 16, any Deposit Securities shall be noncallable or callable only at the option of the holder. Section 17. The terms and provisions of this Ordinance do and shall constitute a contract between the City and the registered owner or owners of the 2017 Bonds and no changes, variations or alterations of any kind, except for changes necessary to cure any ambiguity formal defect or omission, shall be made to this Ordinance without the written consent of the holders of two-thirds (2/3rds) in principal amount of the 2017 Bonds then outstanding, provided, however, that neither the principal and interest to be paid upon any bond or the maturity date of any 2017 Bond shall be changed without the written consent of the registered owner of all such bonds then outstanding. Any registered owner of a 2017 Bond may by mandamus or other appropriate action or proceedings at law or in equity in any court of competent jurisdiction enforce or compel performance of any and all of the acts and duties required by this Ordinance, and every provision and covenant hereof, including without limiting the generality of the foregoing, the enforcement of the performance of all duties required of the City by this Ordinance and the applicable laws of the State of Nebraska, including in such duties the collecting of revenues of the Water System and the segregation and application of such revenues as described in Section 11 of this Ordinance. After any default in payment or other default in performance, the registered owners of the 2017 Bonds, the Outstanding Bonds or any Additional Bonds shall be entitled to the appointment of a receiver for the Water System. Any and all actions brought by any registered owner or owners of the 2017 Bonds, the Outstanding Bonds or Additional Bonds shall be maintained for the equal and ratable benefit of all registered owners of the 2017 Bonds, the Outstanding Bonds or Additional Bonds outstanding and no registered owners of any of the 2017 Bonds, the Outstanding Bonds or Additional Bonds shall have any Grand Island Council Session - 2/28/2017 Page 44 / 259 ORDINANCE NO. 9626 20 right in any manner whatsoever by any action or proceedings to affect, disturb or prejudice the pledge created by this Ordinance. Section 18. The City hereby (a) authorizes and directs that an Authorized Officer execute and deliver, on the date of issue of the 2017 Bonds, a continuing disclosure undertaking in accordance with the requirements of Rule 15c2-12 promulgated by the Securities and Exchange Commission in such form as determined necessary and appropriate by such Authorized Officer (the “Continuing Disclosure Undertaking”) and (b) covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Undertaking. Notwithstanding any other provision of this resolution, failure of the City to comply with the Continuing Disclosure Undertaking shall not be considered an event of default hereunder; however, any Participating Underwriter (as such term is defined in the Continuing Disclosure Undertaking) or any Beneficial Owner or any Registered Owner of a Bond (as such terms are defined in the Continuing Disclosure Undertaking) may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause the City to comply with its obligations under this section, and under the Continuing Disclosure Undertaking. An Authorized Officer may appoint a Dissemination Agent for the 2017 Bonds in the Authorized Officer’s discretion. Section 19. The City hereby covenants and agrees that it will make no use of the proceeds of the 2017 Bonds which would cause the 2017 Bonds to be arbitrage bonds within the meaning of Sections 103(b) and 148 of the Internal Revenue Code of 1986, as amended (the “Code”), and further covenants to comply with said Sections 103(b) and 148 and all applicable regulations thereunder throughout the term of said issue, including all requirements with respect to payment and reporting of rebates. The City further agrees that it will not take any actions which would cause the 2017 Bonds to constitute “private activity bonds” within the meaning of Section 141 of the Code. The City hereby covenants and agrees to take all actions necessary under the Code to maintain the tax-exempt status of interest payable on the 2017 Bonds with respect to taxpayers generally. The City hereby designates the 2017 Bonds as its “qualified tax-exempt obligations” pursuant to Section 265(b)(3)(B)(i)(Ill) of the Code and covenants and warrants that it does not reasonably expect to issue tax-exempt bonds or other tax-exempt interest bearing obligations aggregating in principal amount more than $10,000,000 during calendar year 2017 (taking into consideration the exception for current refunding issues). The officers of the City (or any one of them) are hereby authorized to make allocations of the 2017 Bonds (as to principal maturities) and of the proceeds of the 2017 Bonds and debt service funds of the City as may be deemed appropriate under the federal tax laws and regulations. Any such allocations made and determinations set forth in a certificate by an officer of the City shall be and constitute authorized determinations made on behalf of the City with the same force and effect as if set forth in this Ordinance. Section 20. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance. Section 21. In the case of a negotiated sale with the Underwriter, the Authorized Officers are hereby directed and authorized to approve, deem final and deliver a Preliminary Official Statement and a final Official Statement in connection with the 2017 Bonds, all in accordance with Rule 15c2-12 promulgated by the Securities and Exchange Commission. In the case of a private placement with a bank, the Authorized Officers are hereby directed and authorized to approve, deem final and deliver any form of private placement memorandum that may be required or requested by the bank purchasing the 2017 Bonds. Grand Island Council Session - 2/28/2017 Page 45 / 259 ORDINANCE NO. 9626 21 Section 22. This Ordinance shall be in force and take effect from and after its passage and approval according to law. This Ordinance shall be published in pamphlet form. PASSED AND APPROVED this 28 day of February, 2017. ____________________________________ Jeremy L. Jensen, Mayor ATTEST: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 46 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-1 Approving Minutes of February 14, 2017 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 2/28/2017 Page 47 / 259 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 14, 2017 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on February 14, 2017. Notice of the meeting was given in The Grand Island Independent on February 8, 2017. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Jeremy Jones was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Katelyn Hill. INVOCATION was given by Pastor Michael Reiners, Peace Lutheran Church, 1710 N. North Road followed by the PLEDGE OF ALLEGIANCE. BOARD OF EQUALIZATION: Motion by Minton, second by Nickerson to adjourn to the Board of Equalization. Motion adopted. #2017-BE-1 - Consideration of Determining Benefits for Sanitary Sewer District No. 528. Public Works Director John Collins reported that Sanitary Sewer District No. 528 was created at the request of four property owners in the Wildwood Subdivision. The district was originally created as an assessment district which should have been a tap district. Staff recommended approval from Council to establish the tap connection fees for Sanitary Sewer District 528. Michael Rickert, attorney for Rich & Sons Camper Sales and Greg Neuhaus, attorney for Robco, LLC spoke regarding the connection fees that had been paid by their clients to the City. They requested no action be taken at this time. City Attorney Jerry Janulewicz explained the assessment process. Discussion was held regarding assessment districts versus tap districts. Motion by Haase, second by Fitzke to approve Resolution #2017-BE-1. Upon roll call vote, Councilmembers Paulick, Steele, Fitzke, Donaldson, Hehnke, Haase, Stelk, and Nickerson voted aye. Councilmember Minton voted no. Motion adopted. RETURN TO REGULAR SESSION: Motion by Minton, second by Nickerson to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Request from Salome Bernal dba Rey de Espadas, 1403 S. Eddy Street for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor Grand Island Council Session - 2/28/2017 Page 48 / 259 Page 2, City Council Regular Meeting, February 14, 2017 License had been received from Salome Bernal dba Rey de Espadas, 1403 S. Eddy Street. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on January 23, 2017; notice to the general public of date, time, and place of hearing published on February 4, 2017; notice to the applicant of date, time, and place of hearing mailed on January 23, 2017; along with Chapter 4 of the City Code. Staff recommended denial based on the Police Department report and the Nebraska Liquor Control Commission Rules and Regulations – 010.01 Falsification of Application and Nebraska State Statute 53-125. No public testimony was heard. Public Hearing on Redevelopment Plan for CRA Area 6 located at 204 Carey Avenue (Think Smart, LLC). Regional Planning Director Chad Nabity reported that Think Smart Properties LLC has submitted an application for Tax Increment Financing to aid in the redevelopment of property to acquire and prepare for the construction of a four-unit apartment building at 204 N. Carey Avenue, at the northwest corner of George and Carey Streets. Staff recommended approval. Keith Reinders, 2706 Pioneer Boulevard spoke in support. No further public testimony was heard. Public Hearing on an Amendment to Redevelopment Plan for CRA Area 1 located at 112 West 2nd Street (Peaceful Root, LLC). Regional Planning Director Chad Nabity reported that Peaceful Root LLC, the owner of the former Brown Hotel has submitted a proposed amendment to the redevelopment plan that would provide for renovation and redevelopment of this property for commercial and residential uses at 112 W 2nd Street. Staff recommended approval. Amos Anson, 4234 Arizona Avenue spoke in support. No further public testimony was heard. Public Hearing on CRA Area 20 Blighted and Substandard Study for 285.26 Acres at the Former Cornhusker Army Ammunition Plant located at the Northwest Corner of 70th and Old Potash Highway (Pat O’Neill). Regional Planning Director Chad Nabity reported that Patrick O’Neill, owner of O’Neill Wood Resources, commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 20 to be prepared by Marvin Planning Associates of David City, Nebraska. The study area included approximately 285.26 acres referred to as CRA Area No. 20. The study focused on property located north of Old Potash Highway and west of Alda Road. Staff recommended approval. Pam Lancaster representing the Hall County Board of Supervisors; Jason Hornady, 2517 Apache Road; Ron Depue, 308 N. Locust Street; Keith Marvin, David City, Nebraska; and Dave Taylor, 123 North Locust Street spoke in support. No further public testimony was heard. Public Hearing on CRA Area 21 Blighted and Substandard Study for 35.62 Acres located along U.S. Highway 30, North of Seedling Mile Road and East of Stuhr Road (Craig & Lesa Dixson). Regional Planning Director Chad Nabity reported that Craig and Lesa Dixson, owners of CIK Investments, commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 21 to be prepared by Marvin Planning Associates of David City, Nebraska. The study area includes approximately 35.62 acres referred to as CRA Area No. 21. The study focused on property located north of Seedling Mile Road and east Stuhr Road in eastern Grand Island. Staff recommended approval. Ron Depue, 308 North Locust Street; Keith Marvin, David City, Nebraska; and Tracy Howard, 2314 Highway 30 representing Wilson Trailer Company spoke in support. No further public testimony was heard. Grand Island Council Session - 2/28/2017 Page 49 / 259 Page 3, City Council Regular Meeting, February 14, 2017 Public Hearing on CRA Area 22 Blighted and Substandard Study for 281.8 Acres at the Former Cornhusker Army Ammunition Plant located in North of Old Potash Highway and West of 80th Road (Platte River Industrial Park, LLC). Regional Planning Director Chad Nabity reported that Platte River Industrial Park LLC, an affiliate of Hornady Manufacturing, commissioned a Blight and Substandard Study for Proposed Redevelopment Area No. 22 to be prepared by Marvin Planning Associates of David City, Nebraska. The study area includes approximately 281.80 acres at the former Cornhusker Army Ammunition Plant referred to as CRA Area No. 22. The study focused on property located north of Old Potash Highway and west of 80th Road. Staff recommended approval. Pam Lancaster representing the Hall County Board of Supervisors; Jason Hornady, 2517 Apache Road; Keith Marvin, David City, Nebraska; and Dave Taylor, 123 North Locust Street spoke in support. No further public testimony was heard. Public Hearing on Establishing Fonner Park Business Improvement District. City Attorney Jerry Janulewicz reported that the Fonner Park Business Improvement District 2013 expired in 2016 as a result of a termination date contained in the 2013 ordinance creating the district. Business owners within the district were seeking re-establishment of the Fonner Park Business Improvement District. Staff recommended approval. No public testimony was heard. Public Hearing on Establishing South Locust Street Business Improvement District. City Attorney Jerry Janulewicz reported that the South Locust Street Business Improvement District 2013 expired in 2016 as a result of a termination date contained in the 2013 ordinance creating the district. Business owners within the district were seeking re-establishment of the South Locust Street Business Improvement District. Staff recommended approval. Jack Armstrong, 106 Brookline Drive spoke in opposition. Cindy Johnson representing the Chamber of Commerce spoke in support. No further public testimony was heard. ORDINANCES: Councilmember Minton moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinance numbered: #9622 - Consideration of Approving Establishing Fonner Park Business Improvement District #9623 - Consideration of Approving Establishing South Locust Street Business Improvement District #9624 - Consideration of Vacation of West 7th Street; Broadwell Avenue to Jefferson Street & Madison Street; Broadwell Avenue South to the Alley (Grand Island Public Schools) #9625 - Consideration of Amending the Salary Ordinance be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 2/28/2017 Page 50 / 259 Page 4, City Council Regular Meeting, February 14, 2017 #9622 - Consideration of Approving Establishing Fonner Park Business Improvement District This item was related to the aforementioned Public Hearing. Motion by Donaldson, second by Minton to approve Ordinance #9622. City Clerk: Ordinance #9622 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9622 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9622 is declared to be lawfully adopted upon publication as required by law. #9623 - Consideration of Approving Establishing South Locust Street Business Improvement District This item was related to the aforementioned Public Hearing. Motion by Stelk, second by Hehnke to approve Ordinance #9623. City Clerk: Ordinance #9623 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9623 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9623 is declared to be lawfully adopted upon publication as required by law. #9624 - Consideration of Vacation of West 7th Street; Broadwell Avenue to Jefferson Street & Madison Street; Broadwell Avenue South to the Alley (Grand Island Public Schools) Councilmember Steele recused himself from this item. Public Works Director John Collins reported that the Grand Island Public Schools has submitted a written request to vacate a portion of 7th Street, from Broadwell Avenue to Jefferson Street to accommodate the rebuilding of Jefferson Elementary. Staff recommended approval. Grand Island Council Session - 2/28/2017 Page 51 / 259 Page 5, City Council Regular Meeting, February 14, 2017 Virgil Harden representing the Grand Island Public Schools and Ken Scholl, 1504 West 6th Street spoke in support. Motion by Nickerson, second by Paulick to approve Ordinance #9624. City Clerk: Ordinance #9624 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9624 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9624 is declared to be lawfully adopted upon publication as required by law. #9625 - Consideration of Amending the Salary Ordinance Human Resource Director Aaron Schmid reported that the proposed change would create the non-union position of Transit Program Manager. Staff recommended approval. Discussion was held regarding the position and salary comparison. Motion by Paulick, second by Fitzke to approve Ordinance #9625. City Clerk: Ordinance #9625 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. City Clerk: Ordinance #9625 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9625 is declared to be lawfully adopted upon publication as required by law. Council recessed at 8:50 p.m. and reconvened at 8:55 p.m. CONSENT AGENDA: Motion by Donaldson, second by Minton to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of January 24, 2017 City Council Regular Meeting. Approving Minutes of February 7, 2017 City Council Study Session. Receipt of Official Document – Tort Claim filed by Tim and Lisa Spiehs. Grand Island Council Session - 2/28/2017 Page 52 / 259 Page 6, City Council Regular Meeting, February 14, 2017 #2017-19 - Approving Final Plat and Subdivision Agreement for Nagy’s Third Subdivision. It was noted that J & B Rentals, LLC (William and Julann Ziller), owners, had submitted the Final Plat and Subdivision Agreement for Nagy’s Third Subdivision located north of 5th Street and west of Plum Street for the purpose of creating 2 lots on 0.132 acres. #2017-20 - Approving Purchase of a 2017 Coal Dozer for Platte Generating Station from NJPA Contract No. 032515 in the amount of $980,898.00. #2017-21 - Approving Bid Award for Pine Street Pump #3 Replacement with Iowa Pump Works of Ankeny, Iowa in an Amount of $28,594.50. #2017-22 - Approving Bid Award for Precipitator, Bottom Ash & Boiler Industrial Cleaning - Spring 2017 with Meylan Enterprises, Inc. of Omaha, Nebraska in an Amount of $142,228.34. #2017-23 - Approving CDBG Contract #2016-1 with Housing Development Corporation. #2017-24 - Approving CDBG Contract #2016-2 with The Literacy Council of Grand Island, LLC. #2107-25 - Approving Request to the State of Nebraska for CDBG Grant 10-ED-010 Contract Extension. #2017-26 - Approving Changes to Guidelines for CDBG Program Income Reuse Funds. #2017-27 - Approving Bid Award for Drainage Ditch Grading, Excavating, and Hauling 2017 with Harders Dozer and Scraper, LLC of Cairo, Nebraska; Kit Held Trucking, LLC of Leigh, Nebraska; O’Neil Transportation and Equipment LLC of Grand Island, Nebraska; and Starostka Group Unlimited, Inc. of Grand Island, Nebraska. #2017-28 - Approving Change Order No. 1 for Community Development Block Grant Handicap Ramps 4th to 5th Streets; Sycamore Street to Eddy Street; Project No. 2014-2G with Saul Ramos Construction, Inc. of Shelton, Nebraska for an Increase of $5,300.00 and a Revised Contract Amount of $720,165.00. #2017-29 - Approving Designation of Sole Source Provider for Liquid Clay Spray at the Grand Island Landfill with Enviro-Group, Inc. of Green Wood, Indiana. #2017-30 - Approving Award of Sanitary Sewer Collection System Flow Meters for the Wastewater Division of the Public Works Department off the Minnesota State bid with gpm of Blair, Nebraska in an Amount of $22,391.00. #2017-31 - Approving Agreement for Engineering Consulting Services Related to Sycamore Street Underpass Rehabilitation with Alfred Benesch & Company of Lincoln, Nebraska in an Amount of $70,912.00. Grand Island Council Session - 2/28/2017 Page 53 / 259 Page 7, City Council Regular Meeting, February 14, 2017 #2017-32 - Approving Agreement for Engineering Consulting Services Related to West Stolley Park Road and Engleman Road Sanitary Sewer Extension; Project No. 2017-S-3 with Olsson Associates of Lincoln, Nebraska in an Amount of $98,840.00. #2017-33 - Approving Agreement for Engineering Consulting Services Related to Central Nebraska Regional Airport Sanitary Sewer Collection System Rehabilitation with HDR Engineering, Inc. of Omaha, Nebraska in an Amount of $35,550.00. #2017-34 - Approving Agreement for Engineering Consulting Services Related to Five Points Signal and Geometric Improvements with Olsson Associates of Lincoln, Nebraska in an Amount of $72,550.00. #2017-35 - Approving Continuation of Street Improvement District No. 1262; Sterling Estates Fourth Subdivision – Ebony Lane. #2017-36 - Approving Bid Award for Sterling Estates Fourth Subdivision – Ebony Lane; Paving District No. 1262 with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $172,967.00. RESOLUTIONS: #2017-37 - Approving Request from Salome Bernal dba Rey de Espadas, 1403 S. Eddy Street for a Class “I” Liquor License. This item was related to the aforementioned Public Hearing. Staff recommended denial. Motion by Stelk, second by Paulick to deny Resolution #2017-37 based on the Police Department report and the Nebraska Liquor Control Commission Rules and Regulations – 010.01 Falsification of Application and Nebraska State Statute 53-125. Upon roll call vote, all voted aye. Motion adopted. #2017-38 - Consideration of Approving Redevelopment Plan for CRA Area 6 located at 204 Carey Avenue (Think Smart, LLC). This item was related to the aforementioned Public Hearing. Motion by Donaldson, second by Minton to approve Resolution #2017-38. Upon roll call vote, all voted aye. Motion adopted. #2017-39 - Consideration of Approving an Amendment to the Redevelopment Plan for CRA Area 1 located at 112 West 2nd Street (Peaceful Root, LLC). This item was related to the aforementioned Public Hearing. Mr. Nabity answered questions regarding parking. Motion by Nickerson, second by Hehnke to approve Resolution #2017-39. Upon roll call vote, all voted aye. Motion adopted. #2017-40 - Consideration of Approving CRA Area 20 Blighted and Substandard Study for 285.26 Acres at the Former Cornhusker Army Ammunition Plant located at the Northwest Corner of 70th and Old Potash Highway (Pat O’Neill). This item was related to the Grand Island Council Session - 2/28/2017 Page 54 / 259 Page 8, City Council Regular Meeting, February 14, 2017 aforementioned Public Hearing. Comments were made concerning developing areas outside of the City limits. Annexation was discussed. Motion by Minton, second by Donaldson to approve Resolution #2017-40. Upon roll call vote, all voted aye. Motion adopted. #2017-41 - Consideration of Approving CRA Area 21 Blighted and Substandard Study for 35.62 Acres located along U.S. Highway 30, North of Seedling Mile Road and East of Stuhr Road (Craig & Lesa Dixson). This item was related to the aforementioned Public Hearing. Ron Depue attorney for the applicants commented on concerns by Council regarding residential homes being designated as blighted and substandard. Motion by Paulick, second by Donaldson to approve Resolution #2017-41. Upon roll call vote, all voted aye. Motion adopted. #2017-42 - Consideration of Approving CRA Area 22 Blighted and Substandard Study for 281.8 Acres at the Former Cornhusker Army Ammunition Plant located in North of Old Potash Highway and West of 80th Road (Platte River Industrial Park, LLC). This item was related to the aforementioned Public Hearing. Councilmember Fitzke recused herself from this item. Motion by Nickerson, second by Minton to approve Resolution #2017-42. Upon roll call vote, all voted aye. Motion adopted. #2017-43 - Consideration of Approving Tap Fees for Sanitary Sewer District No. 528. This item was related to the aforementioned Public Hearing. Discussion was held concerning the policy of the City having assessment districts instead of tap districts. Mr. Collins stated he strongly preferred assessment districts unless there were unusual circumstances where a tap district was best used. Motion by Haase, second by Fitzke to approve Resolution #2017-43. Upon roll call vote, all voted aye. Motion adopted. #2017-44 - Consideration of Approving Agreement with the Central Nebraska Humane Society. City Attorney Jerry Janulewicz reported that the City of Grand Island and Central Nebraska Humane Society (CNHS) previously entered into an agreement for CNHS to provide Animal Control and Pet Licensing services for the City. By its terms, this agreement expired at midnight on October 31, 2016. On October 25, 2016, Council approved a proposed agreement for animal control services with CNHS for a one-year term, with automatic annual renewals unless either party gave notice on non-renewal. However, the agreement approved by Council on October 25 was not approved by the CNHS Board of Directors. Following notice that CNHS did not approve the agreement, City’s legal staff engaged in negotiations with CNHS, represented by its Director and a lawyer-board member, resulting in the agreement now before Council. Staff recommended approval. City Attorney Jerry Janulewicz answered questions regarding the negotiations of the agreement and stated Police Chief Robert Falldorf had been involved. Grand Island Council Session - 2/28/2017 Page 55 / 259 Page 9, City Council Regular Meeting, February 14, 2017 Motion by Nickerson, second by Hehnke to approve Resolution #2017-44. Upon roll call vote, all voted aye. Motion adopted. #2017-45 - Consideration of Approving Purchase of Fiber Optic Cables for the New EM-911 Building. Emergency Management Director Jon Rosenlund reported that the construction of the new EM-911 building required high speed data connectivity back to the City and County IT networks. The Emergency Management Department recommended the purchase of Fiber Optic Cable from Graybar Electric Company of Jefferson City, Missouri in the amount of $20,164.14 for its installation by the Grand Island Utilities Department. Motion by Minton, second by Paulick to approve Resolution #2017-45. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Fitzke to approve the Claims for the period of January 25, 2017 through February 14, 2017 for a total amount of $6,880,648.91. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Haase, Stelk, and Nickerson voted aye. Motion adopted. Councilmember Paulick abstained. ADJOURNMENT: The meeting was adjourned at 9:36 p.m. RaNae Edwards City Clerk Grand Island Council Session - 2/28/2017 Page 56 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-2 #2017-46 - Approving Request from Hy-Vee, Inc. dba Hy-Vee Restaurant, 115 Wilmar Avenue for a Class “I” Liquor License and Liquor Manager Designation for Rob Reif, 930 Twin Ridge Road, Lincoln, Nebraska This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 2/28/2017 Page 57 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-46 WHEREAS, an application was filed by Hy-Vee, Inc. doing business as Hy-Vee Restaurant, 115 Wilmar Avenue for a Class "I" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on February 18, 2017; such publication cost being $15.78; and WHEREAS, a public hearing was held on February 28, 2017 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Rob Reif, 930 Twin Ridge Road, Lincoln, Nebraska as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 58 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-3 #2017-47 - Approving Acquisition of Utility Easement - 3010 N. North Road - Gateways Prairie Property Management LLC This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2017 Page 59 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-47 WHEREAS, a public utility easement is required by the City of Grand Island from Gateways Prairie Property management, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on February 28, 2017 for the purpose of discussing the proposed acquisition of a twenty (20.0) foot utility easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at the southeast corner of Lot One (1), Northview Twelfth Subdivision, Grand Island, Hall County, Nebraska; thence westerly, along the southerly line of said Lot One (1), a distance of two hundred nineteen and forty hundredths (219.40) feet to the ACTUAL Point of Beginning; thence northerly, perpendicular with the southerly line of said Lot One (1), a distance of eighty six (86.0) feet to the point of termination. The above described easement and right-of-way containing a calculated area of 0.039 acres, more or less, as shown on the plat dated 1/4/2017, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Gateways Prairie Property Management, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. ___________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 60 / 259 Grand Island Council Session - 2/28/2017 Page 61 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-4 #2017-48 - Approving Acquisition of Utility Easement - 2121 N. Broadwell Avenue - Jamson This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2017 Page 62 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-48 WHEREAS, a public utility easement is required by the City of Grand Island from Nick Jamson Enterprises, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and; WHEREAS, a public hearing was held on February 28, 2017 for the purpose of discussing the proposed acquisition of a utility easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Commencing at a northerly corner of Lot Two (2), Skagway Fourth Subdivision, Grand Island, Hall County, Nebraska, said corner being the intersection of the northerly line of said Lot Two (2), Skagway Fourth Subdivision and the westerly line of Lot One (1), Holiday Garden Second Subdivision, Grand Island, Hall County, Nebraska; thence on an assumed bearing of S89°23’49”W, along a northerly line of said Lot Two (2), Skagway Fourth Subdivision, a distance of thirty seven (37.0) feet to the ACTUAL Point of Beginning; thence continuing S89°23’49”W, along a northerly line of said Lot Two (2), Skagway Fourth Subdivision, a distance of fifteen (15.0) feet; thence N00°41’08”W, a distance of two hundred twenty (220.0) feet to the northerly line of Lot Five (5), Home Subdivision; thence N89°23’49”E, along the northerly line of said Lot Five (5), Home Subdivision, a distance of fifty two (52.0) feet to the Northwest corner of said Lot One (1), Holiday Garden Second Subdivision, thence S00°41’08”E, along the westerly line of said Lot One (1), Holiday Garden Second Subdivision, a distance of thirty (30.0) feet; thence S89°23’49”W, a distance of thirty seven (37.0) feet; thence S00°41’08”E, a distance of one hundred and ninety (190.0) feet to a point on the northerly line of said Lot Two (2), Skagway Fourth Subdivision, being the said Point of Beginning. The above described easement and right-of-way containing a calculated area of 0.123 acres, more or less, as shown on the plat dated 10/13/2016, marked Exhibit “A” attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Nick Jamson Enterprises, Inc., on the above-described tract of land. - - - Grand Island Council Session - 2/28/2017 Page 63 / 259 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. ______________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 64 / 259 Grand Island Council Session - 2/28/2017 Page 65 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-5 #2017-49 - Approving Bid Award - Water Main Project 2015-W-2 - Logan Street Extended and Union Pacific Railroad Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2017 Page 66 / 259 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 28, 2017 Subject: Water Main Project 2015-W-2 Logan Street Extended and Union Pacific Railroad Presenter(s):Timothy Luchsinger, Utilities Director Background Past construction standards did not require protective casing for facilities that crossed under railroads. As part of planned improvements, the Utilities Department has been replacing water mains that cross under the Union Pacific Railroad through the center of town. Water Main Project 2015-W-2 will be the final planned replacement project. The project is generally located at Logan Street extended and the Union Pacific Railroad. This section of water main was originally installed in 1941. Water Main Project 2015-W-2 will directionally bore a 30” diameter steel casing under the tracks, install a new 18” ductile-iron water main within the casing, and connect the new piping to the existing main. A site map of the crossing area is attached for reference. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Four plan services firms and 14 construction companies were notified of the project. Five bids were received and publicly opened at 2:00 p.m. on January 26, 2017. The engineer’s estimate for this project is $210,000. The bids have been reviewed and evaluated. They are without errors and exceptions. Tabulated below is the Evaluated Bid Price from each of the bidders: Bidder Bid Security Exceptions Evaluated Bid Price The Diamond Engineering Co. Grand Island, NE Universal Surety Company None $ 98,612.99 Van Kirk Bros. Contracting Broken Bow, NE Universal Surety Company None $103,954.04 Grand Island Council Session - 2/28/2017 Page 67 / 259 Bidder Bid Security Exceptions Evaluated Bid Price General Excavating Lincoln, NE Universal Surety Company None $141,156.85 Judds Bros. Construction Co. Lincoln, NE Merchants Nat’l Bonding, Inc.None $237,977.90 Starostka Group Unlimited, Inc. Grand Island, NE Western Surety Company None $108,353.96 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 contract for construction of Water Main Project 2015-W-2 to the low bidder, The Diamond Engineering Company of Grand Island, Nebraska in the amount of $98,612.99. Sample Motion Move to approve the contract for construction of Water Main Project 2015-W-2 to The Diamond Engineering Company of Grand Island, Nebraska in the amount of $98,612.99. Grand Island Council Session - 2/28/2017 Page 68 / 259 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:January 26, 2017 at 2:00 p.m. FOR:Water Main Project 2015-W-2 DEPARTMENT:Utilities ESTIMATE:$210,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:January 3, 2017 NO. POTENTIAL BIDDERS:14 SUMMARY Bidder:General Excavating Starostka Group Unlimited, Inc. Lincoln, NE Grand Island, NE Bid Security:Universal Surety Co.Western Surety Co. Exceptions:None None Bid Price:$141,156.85 $108,353.96 Bidder:The Diamond Engineering Co.Van Kirk Bros. Contracting Grand Island, NE Sutton, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price:$98,612.99 $103,954.04 Bidder:Judds Bros. Construction Co. Lincoln, NE Bid Security:Merchants National Bonding, Inc. Exceptions:None Bid Price:$237,977.90 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Grand Island Council Session - 2/28/2017 Page 69 / 259 Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Karen Nagel, Utilities Secretary Jamie Royer, Civil Engineer I P1934 Grand Island Council Session - 2/28/2017 Page 70 / 259 Grand Island Council Session - 2/28/2017 Page 71 / 259 WATER MAIN PROJECT 2015-W-2 Bids Received 1/26/2017 LOGAN STREET EXTENDED AND UPRR Estimated Item Description Quantity Unit Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price D.1.01 18" R.J. D.I. PIPE 178.69 LF $174.73 $31,222.50 $128.00 $22,872.32 $185.00 $33,057.65 $710.00 $126,869.90 $172.47 $30,818.66 D.1.02 6" S.J. D.I. PIPE 10.00 LF $54.50 $545.00 $40.00 $400.00 $65.00 $650.00 $150.00 $1,500.00 $70.81 $708.10 D.1.03 8 MIL. V-BIO POLYWRAP 189.00 LF $6.15 $1,162.35 $4.00 $756.00 $12.00 $2,268.00 $2.00 $378.00 $6.89 $1,302.21 D.1.04 30"x0.500" STEEL CASING - JACK & BORE 109.20 LF $388.00 $42,369.60 $525.00 $57,330.00 $655.00 $71,526.00 $750.00 $81,900.00 $439.33 $47,974.84 D.1.05 18" BUTTERFLY VALVE 1.00 EA $3,625.00 $3,625.00 $3,780.00 $3,780.00 $5,530.00 $5,530.00 $6,250.00 $6,250.00 $4,605.05 $4,605.05 D.1.06 18"x6" M.J. TEE 1.00 EA $825.00 $825.00 $1,070.00 $1,070.00 $1,800.00 $1,800.00 $575.00 $575.00 $2,039.95 $2,039.95 D.1.07 18"x45° M.J. BEND 4.00 EA $650.00 $2,600.00 $875.00 $3,500.00 $1,300.00 $5,200.00 $500.00 $2,000.00 $730.47 $2,921.88 D.1.08 18" RETAINER GLAND 8.00 EA $265.00 $2,120.00 $272.00 $2,176.00 $330.00 $2,640.00 $250.00 $2,000.00 $383.58 $3,068.64 D.1.09 18" SLEEVE COUPLING 4.00 EA $1,280.00 $5,120.00 $850.00 $3,400.00 $900.00 $3,600.00 $1,250.00 $5,000.00 $1,456.44 $5,825.76 D.1.10 VALVE BOX 1.00 EA $160.00 $160.00 $165.00 $165.00 $125.00 $125.00 $125.00 $125.00 $192.59 $192.59 D.1.11 FIRE HYDRANT ASSEMBLY (PLAN 158)1.00 EA $1,415.00 $1,415.00 $4,800.00 $4,800.00 $4,000.00 $4,000.00 $2,500.00 $2,500.00 $2,287.68 $2,287.68 D.1.12 6" M.J. OFFSET 1.00 EA $530.00 $530.00 $410.00 $410.00 $600.00 $600.00 $425.00 $425.00 $501.28 $501.28 D.1.13 THRUST BLOCK 4.00 EA $550.00 $2,200.00 $137.00 $548.00 $690.00 $2,760.00 $700.00 $2,800.00 $527.95 $2,111.80 D.1.14 REMOVE 30" CURB & GUTTER SECTION 11.00 LF $7.00 $77.00 $15.00 $165.00 $40.00 $440.00 $20.00 $220.00 $12.61 $138.71 D.1.15 REPLACE 30" CURB & GUTTER SECTION 11.00 LF $31.75 $349.25 $34.00 $374.00 $80.00 $880.00 $58.00 $638.00 $46.01 $506.11 D.1.16 REMOVE CONCRETE ROADWAY 3.06 SY $9.50 $29.07 $20.00 $61.20 $20.00 $61.20 $150.00 $459.00 $35.84 $109.67 D.1.17 REPLACE CONCRETE ROADWAY 3.06 SY $62.00 $189.72 $92.00 $281.52 $150.00 $459.00 $300.00 $918.00 $81.81 $250.34 D.1.18 SAW CUT 15.00 LF $5.90 $88.50 $5.00 $75.00 $6.00 $90.00 $20.00 $300.00 $7.53 $112.95 D.1.19 RESTORE GRAVEL ROADWAY 4.00 TON $41.00 $164.00 $35.00 $140.00 $100.00 $400.00 $50.00 $200.00 $27.36 $109.44 D.1.20 SEEDING AND RESTORATION 0.03 AC $7,366.62 $221.00 $5,000.00 $150.00 $19,000.00 $570.00 $14,000.00 $420.00 $58,336.67 $1,750.10 D.1.21 TRAFFIC CONTROL 1.00 LS $3,600.00 $3,600.00 $1,500.00 $1,500.00 $4,500.00 $4,500.00 $2,500.00 $2,500.00 $1,018.20 $1,018.20 $98,612.99 $103,954.04 $141,156.85 $237,977.90 $108,353.96 EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NONE Starostka Group Unlimited Inc. Grand Island, NE Judds Bros. Construction Co. Lincoln, NEGrand Island, NE Diamond Engineering Van Kirk Bros Contracting Sutton, NE General Excavating Lincoln, NE Grand Island Council Session - 2/28/2017 Page 72 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-49 WHEREAS, the City of Grand Island invited sealed bids for construction of Water Main Project 2015-W-2 – Logan Street Extended and Union Pacific Railroad, according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 26, 2017, bids were received, opened and reviewed; and WHEREAS, The Diamond Engineering Company of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $98,612.99; and WHEREAS, the bid of the Diamond Engineering Company is less than the estimate for Water Main Project 2015-W-2 – Logan Street Extended and Union Pacific Railroad. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of The Diamond Engineering Company, in the amount of $98,612.99, for construction of Water Main Project 2015-W-2, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 73 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-6 #2017-50 - Approving Transmission Services Agreement with Nebraska Public Power District Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 2/28/2017 Page 74 / 259 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 28, 2017 Subject:Transmission Services Agreement with NPPD Presenter(s):Timothy Luchsinger, Utilities Director Background The power industry has seen tremendous change over the past ten years. Reliability has become a key concern throughout the country. Two major changes have positively impacted the reliability of the power system – the development of federal regulatory compliance standards and the formation of regional transmission organizations. Many of the compliance standards have been directed towards the larger utilities and smaller entities such as Grand Island have been somewhat under the radar. Grand Island is now obligated to comply with assigned standards with others highly recommended for compliance. In an effort to cover potential reliability gaps, certain electronic transmission system analysis is necessary. Discussion The transmission analysis is performed by a computer modeling software. This software requires significant investment, training and support to perform properly. Internal discussions determined that performing this analysis in-house was not possible at this time. Volkmann Consulting, Grand Island’s compliance consultant, advised that having a company that is not physically connected to Grand Island perform this analysis is difficult as new data exchanges must be created, and is not aware of any arrangements such as this other than those with adjoining utilities. Since Grand Island is totally surrounded and interconnected with Nebraska Public Power District (NPPD) and they currently have the resources to perform this same analysis on their own system, department staff approached them about performing this analysis on Grand Island’s behalf. Volkmann Consulting has provided some cost comparisons that indicate that other similar entities pay approximately two to two and one-half times the rate that NPPD has agreed to perform these services and that NPPD’s pricing seems very reasonable, as well as much of the needed infrastructure between Grand Island and NPPD already exists. It is Grand Island Council Session - 2/28/2017 Page 75 / 259 recommended by Department staff that the Transmission Assessment Services Agreement be approved for execution. 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 Transmission Assessment Services Agreement for execution. Sample Motion Move to approve the Transmission Assessment Services Agreement for execution. Grand Island Council Session - 2/28/2017 Page 76 / 259 1 TRANSMISSION ASSESSMENT SERVICES AGREEMENT This TRANSMISSION ASSESSMENT SERVICES AGREEMENT ("Agreement") is made and entered into on ________ __, 2017 (the "Effective Date"), by and between the City of Grand Island, Nebraska, a municipal corporation and political subdivision of the State of Nebraska ("GI") and Nebraska Public Power District, a public corporation and political subdivision of the State of Nebraska ("NPPD"), GI and NPPD respectively being sometimes hereinafter referred to individually as "Party" or collectively as "Parties". BACKGROUND NPPD is registered with NERC as a Transmission Operator, which performs Operational Planning Analysis and Real-time Assessments of its transmission system. GI is registered with NERC as a Transmission Owner, which endeavors to have Operational Planning Analysis and Real-time Assessments, together referred to as "Transmission Assessment Services," performed on its transmission system. The Parties are entering into this Agreement to document the terms and conditions of the Transmission Assessment Services to be provided by NPPD to GI on and after the Effective Date. NOW, THEREFORE, in consideration of the mutual promises and agreements set forth herein, the Parties agree as follows: AGREEMENT 1.Definitions. The following initially capitalized terms and phrases as and when used in this Agreement shall have the respective meanings set forth below: "Bulk Electric System (BES)" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "CROW" shall mean the Control Room Operations Window web-based application utilized by SPP for outage scheduling and planned outage coordination. Grand Island Council Session - 2/28/2017 Page 77 / 259 2 "Facility Ratings" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "Flowgate" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "Facility(ies)" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "Transmission Operator" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "Transmission Owner" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "NERC" shall mean the North American Electric Reliability Corporation or its successor organization. “NERC Reliability Standards” shall mean NERC’s Reliability Standards for the Bulk Electric Systems of North America as approved by the Federal Energy Regulatory Commission. "MRO" shall mean the Midwest Reliability Organization or its successor organization. "OASIS" shall mean the Open Access Same Time Information System. "Operational Planning Analysis" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "Real-time Assessments" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "Reliability Coordinator" or "RC" shall have the same meaning as in the Glossary of the NERC Reliability Standards. "SPP" shall mean the Southwest Power Pool, Inc., or its successor organization. Grand Island Council Session - 2/28/2017 Page 78 / 259 3 "Transmission Assessment Services" shall have the meaning set forth in the Background section of this Agreement. 2.Scope of Services. NPPD agrees to provide the services to GI as detailed herein. 3.NERC Compliance. The Parties agree that NPPD is not the Transmission Operator for GI Facilities. By providing these Transmission Assessment Services, NPPD assumes no NERC Reliability Standards compliance responsibility for any GI Facilities. 4. Term. The term shall commence on the Effective Date and shall continue until December 31, 2021, and unless terminated by either Party by providing the other with a written notice of termination prior to November 1, 2019, shall continue thereafter on an annual basis until either Party supplies the other with written notice of termination prior to November 1 of the year prior to the effective date of termination. The Agreement will terminate on December 31 of the year following proper notice being given, unless GI is required by NERC and/or MRO to become registered as a NERC certified Transmission Operator (TOP) or contract for such services. GI shall provide NPPD at least one hundred eighty (180) day notice and shall be allowed to terminate this agreement on the date of TOP registration or effective day of acquiring TOP services from a NERC registered TOP or 180 days after providing notice to NPPD whichever is later. 5.Responsibilities of GI. BES Facilities Upon the Effective Date, GI shall provide to NPPD a list of its transmission and generation BES Facilities to be included in the Transmission Assessment Services. GI shall notify NPPD at least thirty (30) days prior to any changes to its BES Facilities. Model Data Upon the Effective Date and annually thereafter or as requested by NPPD, GI shall provide to NPPD, model data necessary for NPPD to incorporate GI Facilities into the models it utilizes for Transmission Assessment Services. Such data will be specified by NPPD to GI. Grand Island Council Session - 2/28/2017 Page 79 / 259 4 GI shall provide to NPPD information on topology changes at least thirty (30) calendar days prior to the date when the applicable topology change is scheduled to become energized. Facility Ratings Upon the Effective Date and annually thereafter or as requested by NPPD, GI shall provide NPPD the Facility Ratings for its transmission and generation BES Facilities. GI shall communicate any Facility Rating changes or generating unit derates via e-mail or phone call to NPPD as soon as possible after discovery. Notifying NPPD does not relieve GI of its obligation to notify its RC or other parties of the Facility Ratings change. Real-Time Reliability Data GI shall provide to NPPD real-time data on its BES Facilities. Such real-time data includes the status of circuit breakers and disconnect switches, megawatt ("MW") and megavolt ampere reactive ("MVAR") values on each of its BES Facilities and MW and MVAR values for each load serving transformer connected to BES Facilities. Outage Information GI shall submit all transmission and generation BES Facility outages via SPP’s CROW software tool. GI shall also communicate these outages via e-mail or phone call to the NPPD outage coordinators for planned work and the NPPD system operator for emergent work. Operational Planning Analysis GI shall collaborate jointly with SPP and NPPD to validate the results of any Operational Planning Analysis and determine the need to develop an operating guide and/or Flowgate to manage the anticipated pre- and/or post-contingency Facility Ratings violations. GI shall collaborate jointly with SPP and NPPD in the development of any operating guide involving GI BES Facilities based upon Operational Planning Analysis results. Grand Island Council Session - 2/28/2017 Page 80 / 259 5 GI shall not provide any Operational Planning Analysis results to any person involved in the wholesale merchant function, whether or not such person is an employee of GI, unless such information is already posted on the SPP OASIS. Real-time Assessment GI shall immediately communicate any change in status of transmission and generation BES Facilities via phone call to the NPPD system operator and SPP RC. GI shall collaborate jointly with SPP and NPPD to validate the results and determine the need to develop an operating guide and/or Flowgate to manage the pre- and/or post-contingency Facility Ratings violations. GI shall collaborate jointly with SPP and NPPD in the development and execution of any operating guides involving GI BES Facilities. GI shall not provide any Real-time Assessment results to any person involved in the wholesale merchant function, whether or not such person is an employee of GI, unless such information is already posted on the SPP OASIS. 6.Responsibilities of NPPD. The following NPPD responsibilities shall commence thirty (30) days after the Effective Date of this agreement. Real-time Reliability Data NPPD agrees to make such real-time reliability information provided by GI available to its Reliability Coordinator. NPPD assumes no responsibility for any errors or omissions in the data it makes available to its Reliability Coordinator, nor does NPPD assume any reporting responsibility for such data. NPPD shall not provide market-related information to or from SPP. Operational Planning Analysis NPPD shall include GI transmission and generation BES Facilities in its Operational Planning Analysis. NPPD shall identify any GI BES Facilities projected not to be operating within the Facility Rating, for either pre- or post-contingency conditions based upon its Operational Planning Analysis and communicate such results to GI. Grand Island Council Session - 2/28/2017 Page 81 / 259 6 Real-time Assessment NPPD shall include GI transmission and generation BES Facilities in its Real- time Assessment. NPPD shall identify any GI BES Facilities not operating within the Facility Rating, for either pre- or post-contingency conditions based on its Real-time Assessment and communicate such results to GI. 7.Billing for Services. For all services provided to GI by NPPD under this Agreement, NPPD shall bill GI monthly in accordance with the provisions in Exhibit A. Except as otherwise mutually agreed by the Parties, all bills for services provided to GI by NPPD shall be due and paid within thirty (30) days after rendering by NPPD. If GI disputes all or any portion of a billing for services provided by NPPD under this Agreement, GI shall notify NPPD as soon as possible for resolution of the dispute but is obligated to pay the invoice subject to any refund determined in the resolution of the dispute. 8.Services. NPPD agrees that the services performed under this Agreement will meet the standards of care, skill, and diligence exercised by NPPD in the performance of such services with respect to NPPD facilities and operations. In the event any services fail to meet said standards, and GI notifies NPPD in writing of such failure, NPPD’s sole obligation and liability to GI shall be to perform future services to meet the said standards. 9. Limited Liability. In no event shall NPPD be liable under this Agreement for direct, special, incidental or consequential damages, including, but not limited to, loss of profits loss of revenue, loss of use of any property, cost of capital, cost of purchased power, cost of substitute equipment, facilities or services, downtime costs, or claims of GI for such damages, even if NPPD is expressly informed of the same. Grand Island Council Session - 2/28/2017 Page 82 / 259 7 NPPD's sole liability under this Agreement, whether based on contract, tort, or any other legal theory, shall be limited to, and shall not exceed, performance of future services in accordance with Section 8 of this Agreement. 10.Uncontrollable Forces. NPPD shall not be liable for loss or damage from any failures to perform any of its contractual obligations under this Agreement because of Uncontrollable Forces, which are circumstances beyond NPPD's control, or because an emergency situation arises which affects NPPD's ability to provide services to GI under this Agreement, and NPPD shall be temporarily relieved of its obligations under this Agreement and shall have a reasonable period of time after termination of the Uncontrollable Force or emergency situation to resume performance. NPPD shall notify GI of the temporary suspension of such services and shall submit to GI an estimate of when such services can be resumed. 11.Contact Information. Contact information is contained in Exhibit B. 12. Indemnification. GI agrees to indemnify, defend, and save harmless NPPD and its representatives, agents, or employees from and against all claims, demands, suits, actions, payments, and judgments arising out of NPPD's performance of services under this Agreement, and for any claims arising out of GI's failure or refusal to implement NPPD's written or oral instructions, advice or recommendations, if any, except that GI shall not have an obligation to indemnify, defend, and save harmless NPPD or its representatives, agents, or employees for any negligent act or omission of NPPD or its representatives, agents or employees. 13.Governing Law. This Agreement is deemed to have been effectively entered into in the State of Nebraska and it shall be interpreted and controlled by the laws of said State. The Parties agree that any action arising out of or related to this Agreement brought by GI against NPPD shall be brought only in the federal or state courts in the State of Nebraska. Grand Island Council Session - 2/28/2017 Page 83 / 259 8 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. Nebraska Public Power District By:_________________________________ Name:_________________________________ Title:_________________________________ City of Grand Island, Nebraska By:_________________________________ Name:________________________________ Title:________________________________ Grand Island Council Session - 2/28/2017 Page 84 / 259 EXHIBIT A DESCRIPTION OF CHARGES TRANSMISSION ASSESSMENT SERVICES AGREEMENT Between Nebraska Public Power District And City of Grand Island Initial incorporation of GI Facilities into NPPD’s model to be billed on Effective Date of this Agreement: One-time fee: $8,000 Fee for services as described in this agreement to be billed monthly: Monthly fee for 2017: $11,500 The monthly fee shall escalate at four percent (4%) per year effective January 1 of each year as shown below, and as calculated for each subsequent year the Agreement is in effect. $11,960.00 2018 $12,438.40 2019 $12,935.94 2020 $13,453.37 2021 Grand Island Council Session - 2/28/2017 Page 85 / 259 EXHIBIT B Contact Information TRANSMISSION DATA, MODELING and ASSESSMENT SERVICES AGREEMENT Between Nebraska Public Power District And City of Grand Island 1.Nebraska Public Power District Real-Time Operations (402) 845-5234 Scheduled Outages (402) 845-5220 or (402) 845-5240 Email – DCCCoordinatorList@nppd.com System Control Engineers (402) 845-5210 or (402) 845-5255 Email – h1nguye@nppd.com or dmpham@nppd.com Transmission System Control Supervisor (402) 845-5260 Email – jjburge@nppd.com 2.City of Grand Island Real-Time Operations (308) 385-5465 Email – pcc-dispatch@grand-island.com Scheduled Outages Jeffrey Mead Keith Pobanz (308)385-5462 x1142 or (308) 385-5462 x1136 Email – jmead@grand-island.com or kpobanz@grand-island.com Manager, System Operations - Jeffrey Mead (308) 385-5462 x 1142 Email – jmead@grand-island.com Copy – Travis Burdett (308) 385-5466 Email – tburdett@grand-island.com Grand Island Council Session - 2/28/2017 Page 86 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-50 WHEREAS, in the last ten years major changes have positively impacted the reliability of the power system – the development of federal regulatory compliance standards and the formation of regional transmission organizations; and WHEREAS, Grand Island is now obligated to comply with assigned standards; and WHEREAS, in an effort to cover potential reliability gaps, certain electronic transmission system analysis is necessary; and WHEREAS, since Grand Island is totally surrounded and interconnected with Nebraska Public Power District (NPPD) and they currently have the resources to perform this analysis on their own system, Utilities Department staff approached them to perform this analysis on Grand Island’s behalf; and WHEREAS, NPPD’s pricing is very reasonable, and much of the needed infrastructure between Grand Island and NPPD already exists. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Transmission Assessment Services Agreement with NPPD is hereby approved, and the Mayor is authorized to sign the Agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 87 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-7 #2017-51 - Approving Revision of Fee Schedule Regarding Disconnect Fees Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 2/28/2017 Page 88 / 259 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:February 28, 2017 Subject:Revision of Fee Schedule regarding Disconnect Fees Presenter(s):Timothy Luchsinger, Utilities Director Background The current fee schedule includes fees of $50 for disconnecting and turning on electric services for non-payment of utility bills. Also included in the fee schedule is a charge of $375.00 for an afterhours turn on, which covers the cost of overtime for sending a line crew out to reconnect service. In a move to an automated metering system, the Utilities Department is installing “smart” meters, which have a feature that allows an electric service to be disconnected and connect remotely through the metering system software. By installing these meters on services as they are disconnected, the service can be restored by personnel at the Utility Department’s Dispatch Center without the need for a line crew on site. Discussion To eliminate unnecessary cost to delinquent customers, it is recommended that the $375.00 afterhours turn on fee be removed from the fee schedule and that the $50.00 turn on fee be applied regardless of the time of day. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/28/2017 Page 89 / 259 Recommendation City Administration recommends that the Council revise the fee schedule to eliminate the afterhours turn on fee. Sample Motion Move to approve the fee schedule revision to eliminate the afterhours turn on fee. Grand Island Council Session - 2/28/2017 Page 90 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-51 WHEREAS, the current fee schedule is a charge of $375.00 for after-hours turn- ons; and WHEREAS, as the Utilities Department is moving toward an automated metering system, installing “smart” meters, which have a feature that allow an electric service to be disconnected and connected remotely through the metering system software; and WHEREAS, by installing these meters on services as they are disconnected, the service can be restored by personnel at the Utility Department’s Dispatch Center without the need for a line crew onsite after hours; and WHEREAS, to eliminate unnecessary cost to delinquent customers, it is recommended that the $375.00 after hours turn-on fee be removed from the fee schedule and that the $50.00 turn-on fee be applied regardless of the time of day. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the fee schedule be revised to eliminate the $375.00 after hours turn-on fee and that the $50.00 turn-on fee be applied regardless of the time of day. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 91 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-8 #2017-52 - Approving Bid Award for the 2017 Asphalt Resurfacing Project No. 2017-AC-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 92 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Approving Bid Award for the 2017 Asphalt Resurfacing Project No. 2017-AC-1 Presenter(s):John Collins PW, Public Works Director Background On January 6, 2017 the Engineering Division of the Public Works Department advertised for bids for the 2017 Asphalt Resurfacing Project No. 2017-AC-1. There were five (5) potential bidders for this project. This year’s work involves asphalt resurfacing on the following City streets. Section #1A. Capital Avenue; Locust Street to Sky Park Road Section #1B. North Road; Husker Highway to Stolley Park Road Section #1C. Wildwood Drive; US Highway 281 to Locust Street Section #1D. Shady Bend Road; Burlington Northern Santa Fe Rail line to Gregory Avenue Discussion Two (2) bids were received and opened on January 19, 2017. The bids were submitted in compliance with the contract, plans, and specifications. A summary of the bids is shown below. Vontz Paving, Inc. of Hastings, NE J.I.L. Asphalt Paving Co. of Grand Island, NE Bid Section 1 Base Bid $784,788.05 $1,000,912.72 Alternative Bid Section 1 $89,295.54 $101,274.45 Total Bid Section 1 $874,083.59 $1,102,187.17 Bid Section 2 Base Bid $695,078.70 $888,184.71 Alternative Bid Section 2 $87,191.21 $113,234.20 Total Bid Section 2 $782,269.91 $1,001,418.91 Grand Island Council Session - 2/28/2017 Page 93 / 259 Public Works Engineering staff considered using SLX, a new Department of Roads hot mix, and bid it as an alternate to the commonly used SPR. After much discussion the SPR was selected, as the long term performance history of SLX is not well documented, and there was some concern about future repairs. An agreement is being presented at tonight’s meeting between the City and Hall County for a cost share on the following roadways. Shady Bend Rd between Gregory Avenue and approximately 300 feet south of Burlington Northern Santa Fe Railroad Right-of-Way (1.08 miles) Wildwood Dr. between Highway 281 and South Locust St. (2 miles) Per the agreement the City will submit to Hall County an itemized bill for payment of their share of the project cost. There are sufficient funds in Account No. 21033506-85354 to fund this project. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding a contract to Vontz Paving, Inc. of Hastings, Nebraska in the amount of $874,083.59 as the low compliant bid that meets specifications. Sample Motion Move to approve the bid award. Grand Island Council Session - 2/28/2017 Page 94 / 259 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:January 19, 2017 at 2:00 p.m. FOR:Asphalt Maintenance Project 2017-AC-1 DEPARTMENT:Public Works ESTIMATE:$1,173,000.00 FUND/ACCOUNT:21033506-85354 & 21033506-85351 PUBLICATION DATE:January 6, 2017 NO. POTENTIAL BIDDERS:5 SUMMARY Bidder:Vontz Paving, Inc.J.I.L. Asphalt Paving Co. Hastings, NE Grand Island, NE Bid Security:North American Specialty Ins. Co.Granite RE, Inc. Exceptions:Noted None Bid Price: Section 1A:$228,310.65 $352,680.25 Slternate 1A:$ 22,789.76 $ 24,776.20 Section 1B:$140,332.10 $154,360.65 Alternate 1B:$ 16,354.00 $ 17,672.75 Section 1C:$200,196.05 $222,983.15 Alternate 1C:$ 31,891.32 $ 34,756.50 Section 1D:$215,949.25 $270,888.67 Alternate 1D:$ 18,260.46 $ 22,2903.00 Total 1A – 1D:$784,788.05 $1,000,912.07 Alternate Total:$ 89,295.54 $ 99,498.45 Grand Island Council Session - 2/28/2017 Page 95 / 259 Section 2A:$184,412.80 $300,061.65 Alternate 2A:$ 22,574.50 $ 26,227.60 Section 2B:$101,513.35 $121,903.32 Alternate 2B:$ 14,811.07 $ 18,737.15 Section 2C:$182,858.80 $191,624.20 Alternate 2C:$ 29,547.56 $ 39,116.95 Section 2D:$226,293.75 $280,595.44 Alternate 2D:$ 20,258.08 $ 29,152.50 Total 2A – 2D:$695,078.70 $894,184.61 Alternate Total:$ 87,191.21 $113,234.20 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Terry Brown, PW Engineer P1937 Grand Island Council Session - 2/28/2017 Page 96 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-52 WHEREAS, the City of Grand Island invited sealed bids for Asphalt Resurfacing Project No. 2017-AC-1, according to plans and specifications on file with the City Engineer/Public Works Director; and WHEREAS, on January 19, 2017 bids were received, opened, and reviewed; and WHEREAS, Vontz Paving, Inc. of Hastings, 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 $874,083.59; and WHEREAS, Vontz Paving, Inc.’s bid was below the engineer’s estimate for the project: and WHEREAS, funds are available in the Fiscal Year 2016/2017 budget for this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Vontz Paving, Inc. of Hastings, Nebraska in the amount of $874,083.59 for Asphalt Maintenance Project No. 2017- AC-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 97 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-9 #2017-53 - Bid Award for Annual Pavement Markings 2017 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 98 / 259 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:February 28, 2017 Subject:Bid Award for Annual Pavement Markings 2017 Presenter(s):John Collins, Public Works Director Background Pavement markings are a critical part of maintaining safety of the City’s roadways and have strict standards on size, location, color, and reflectivity set by the Manual on Uniform Traffic Control. 2014 was the first striping season in which a contractor was utilized for pavement marking maintenance. The 2014 pavement marking contract was renewed for two (2) additional one-year periods, the maximum renewal periods stated in the bid solicitation, and is due for re-bidding this year. Discussion Bids were advertised on January 26, 2017 and sent to 12 potential bidders. Three (3) bids were received and opened on February 7, 2017. Bid summary is listed below: Bidder Sub-Contractor(s)Exceptions Total Bid Straight-Line Striping, Inc. Grand Island, NE County Line Striping, LLC Grand Island, NE None $86,690.95 Highway Signs, Inc. Omaha, NE None None $125,470.00 Trafcon, Inc. Lincoln, NE None None $162,520.00 Public Works staff has reviewed Straight Line Striping, Inc’s bid submittal including the use of a sub-contractor, County Line Striping, LLD, and feels the submittal is fair and reasonable. Grand Island Council Session - 2/28/2017 Page 99 / 259 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve awarding the contract for Annual Pavement Markings 2017 to Straight-Line Striping, Inc. of Grand Island, Nebraska in the amount of $86,690.95. Sample Motion Move to approve awarding contract to Straight-Line Striping, Inc. of Grand Island, Nebraska in the amount of $86,690.95. Grand Island Council Session - 2/28/2017 Page 100 / 259 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 7, 2017 at 2:00 p.m. FOR:Annual Pavement Markings 2017 DEPARTMENT:Public Works ESTIMATE:$100,300.00 FUND/ACCOUNT:21033505-85213 & 21033506-85354 PUBLICATION DATE:January 26, 2017 NO. POTENTIAL BIDDERS:12 SUMMARY Bidder:Straight-Line Striping, Inc.Trafcom, Inc. Grand Island, NE Lincoln, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price: Section 1:$68,070.00 $127,240.00 Section 2:$18,620.95 $ 15,280.00 Section 3: ----____$ 20,000.00 Total Bid:$86,690.95 $162,520.00 Bidder:Highway Signing, Inc. Omaha, NE Bid Security:Cashier’s Check Exceptions:None Bid Price: Section 1:$ 79,700.00 Section 2:$ 40,770.00 Section 3:$ 5,000.00 Total Bid:$125,470.00 Grand Island Council Session - 2/28/2017 Page 101 / 259 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Shannon Callahan, Street Superintendent P1939 Grand Island Council Session - 2/28/2017 Page 102 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-53 WHEREAS, the City of Grand Island invited sealed bids for Pavement Markings 2017, according to plans and specifications on file with the Streets Division of the Public Works Department; and WHEREAS, on February 7, 2017, bids were received, opened and reviewed; and WHEREAS, Straight-Line Striping, Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $86,690.95. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Straight-Line Striping, Inc. of Grand Island, Nebraska, in the amount of $86,690.95 for Pavement Markings 2017 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that a contract for such project between the City and such contractor be entered into, and the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 103 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-10 #2017-54 - Approving Inter-local Agreement with Hall County for Improvements to Sections of Shady Bend Road and Wildwood Drive Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 104 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Approving Inter-local Agreement with Hall County for Improvements to Sections of Shady Bend Road and Wildwood Drive Presenter(s):John Collins PW, Public Works Director Background Council approval is required before entering into an agreement. Pursuing an inter-local agreement between governmental entities is an efficient means of collaborating efforts to better our community. Discussion This agreement is for improvements to the following roadways, which each have segments within the Grand Island City limits and Hall County. Shady Bend Rd between Gregory Avenue and approximately 300 feet south of Burlington Northern Santa Fe Railroad Right-of-Way (1.08 miles) Wildwood Dr. between Highway 281 and South Locust St. (2 miles) Per the agreement the City will submit to Hall County an itemized bill for payment of their share of the project cost. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/28/2017 Page 105 / 259 Recommendation City Administration recommends that the Council approve the inter-local agreement with Hall County and pass a Resolution authorizing the Mayor to sign the agreement. Sample Motion Move to approve the inter-local agreement with Hall County. Grand Island Council Session - 2/28/2017 Page 106 / 259 INTERLOCAL COOPERATIVE AGREEMENT FOR IMPROVEMENTS TO ROADS AND STREETS IN AND AROUND GRAND ISLAND, NEBASKA BY AND BETWEEN THE COUNTY OF HALL, NEBRASKA AND THE CITY OF GRAND ISLAND, NEBRASKA THIS AGREEMENT is made and entered into by and between the County of Hall, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the “County”, and the City of Grand Island, Nebraska, a body politic and corporate and a political subdivision of the State of Nebraska, hereinafter referred to as the “City”, WITNESSTH: WHEREAS, the Interlocal Cooperation Act, NEB. REV. STAT. § 13-801, et seq. provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreement for the joint and cooperative exercise of powers, privileges, or authority capable of being exercised by either agency; and WHEREAS, the Interlocal Cooperation Act further provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity, or other undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, the County and the City wish to enter into this interlocal agreement for a joint asphaltic concrete resurfacing project on roads and streets in and near the City because of the anticipated cost savings attainable through using a single bidding process and efficiencies of planning and construction with the county and city sharing in the costs and responsibilities as set forth in this agreement in conjunction with the City’s annual asphaltic concrete resurfacing program. NOW, THEREFORE, in consideration of these facts, the parties hereto mutually covenant and agree as follows: Grand Island Council Session - 2/28/2017 Page 107 / 259 Interlocal Agreement between Hall County and Grand Island Asphaltic Concrete Resurfacing Page 2 of 4 1) Scope of the Project: This agreement is for the asphaltic concrete resurfacing on the following roads or streets (see Attachment “A”): a) Shady Bend Rd between Gregory Avenue and approximately 300 feet south of Burlington Northern Railroad Right-of-Way (1.08 miles) b) Wildwood Dr. between Highway 281 and South Locust St. (2 miles) 2) The project cost will include: a) Preliminary, design and construction engineering costs. b) Actual quantities of materials used at contract unit prices for the contractor under contract with the City of Grand Island to resurface the roadway. c) Patching the roadway in advance of the asphaltic concrete resurfacing. d) Building earth shoulders and performing seeding of disturbed earth (as needed). e) Placing pavement markings on the new asphaltic concrete surface. f) Railroad Coordination g) The estimated costs for the individual segments of the project are detailed on attachment B. 3) City’s Obligations The City shall be responsible for the following with respect to the project: a) Performing preliminary, design and construction engineering services for the project. b) Prepare plans and bid specifications for the project following the required bidding practices and requirements of law. c) Enter into a contract with a contractor to perform the asphaltic concrete resurfacing work. d) Tracking costs of the project and preparing an itemized bill for the County’s share of the project costs. e) If any work on the project is performed by Hall County within the limits of the City of Grand Island’s responsibility, the cost of that work shall count towards Hall County’s share of the project cost. Grand Island Council Session - 2/28/2017 Page 108 / 259 Interlocal Agreement between Hall County and Grand Island Asphaltic Concrete Resurfacing Page 3 of 4 4) County’s Obligations: The County shall be responsible for the following with respect to the project: a) Administrative duties and costs associated with resurfacing within the Burlington Northern Railroad Right-of-Way on Shady Bend Rd. b) Administrative duties and costs associated with resurfacing within the City of Grand Island Utilities (Platte Generating Station) Railroad Right-of-Way on Wildwood Dr. c) The Hall County Public Works Director shall concur in the award of the construction contract. d) Hall County shall perform roadway striping on Shady Bend Road and Wildwood Drive. e) Upon completion of the work and submittal of an itemized bill from Grand Island, Hall County will make payments to the City of Grand Island for the County’s share of the project costs. f) If any work on the project is performed by the City of Grand Island within the limits of Hall County’s responsibility, the cost of that work shall count towards the City’s share of the project cost. 5) Governance: This agreement shall be co-governed by the Hall County Public Works Director and the Public Works Director for the City of Grand Island. 6) Indemnification. Each party hereto agrees to indemnify and hold harmless the other party from and against all losses, liability, expenses, damages and claims, including attorney’s fees, arising out of or resulting from the indemnifying party’s acts or omissions in performing under this agreement, except to the extent caused by negligent or willful act or omission of the other party. Each party agrees to provide liability insurance to indemnify itself in the event that it becomes liable for the payment of a judgment based upon its acts or omissions, or the acts or omissions of its agents or employees in performing this agreement. 7) Modification: This agreement may be modified by written agreement of the Parties. 8) No Separate Entity: There shall be no separate legal entity created through this interlocal cooperative agreement. 9) Finances: This agreement shall be financed by the funds available to the parties hereto with both government entities assuring each other than each has fiscal capacity and authority to enter into and carry out this interlocal agreement. Grand Island Council Session - 2/28/2017 Page 109 / 259 Interlocal Agreement between Hall County and Grand Island Asphaltic Concrete Resurfacing Page 4 of 4 10) Further Agreements: Each Party hereto shall be responsible for the maintenance of its portion of the roads or streets following completion of the project. 11) Term and Duration: This agreement shall become effective on the date that the second party executes the agreement and shall continue in force and remain binding through completion of the project or until either party terminates the agreement upon a 90 day written notice to the other party. 12) Provision of Assistance: Pursuant to the Interlocal Cooperation Act, any party to this agreement, in the party’s sole discretion, may appropriate funds and may sell, lease, give, or otherwise provide assistance, including personnel and services, as may be within the party’s legal power to furnish. NOW THEREFORE, in consideration of the covenants and obligations contained herein, Hall County and the City of Grand Island duly execute this agreement. HALL COUNTY Executed this ____ day of __________, 2017. By: ________________________________ Pamela E. Lancaster, Chair Hall County Board of Supervisors Attest: _____________________________ Marla Conley Hall County Clerk CITY OF GRAND ISLAND Executed this ____day of __________, 2017. By: ________________________________ Jeremy Jensen, Mayor City of Grand Island, Nebraska Attest:_____________________________ RaNae Edwards, City Clerk City of Grand Island Grand Island Council Session - 2/28/2017 Page 110 / 259 Grand Island Council Session - 2/28/2017 Page 111 / 259 BID SECTION 1A - CAPITAL AVENUE; LOCUST STREET TO SKY PARK ROAD Item No. Item Est. Quantity Unit Unit Price Total Price 1 MOBILIZATION / DEMOBILIZATION 1.00 LS $13,950.00 $13,950.00 2 COLD MILLING, CLASS 1 29,450.00 SY $0.60 $17,670.00 3 ASPHALTIC CONCRETE, TYPE SPR (2") 3,269.00 TON $32.65 $106,732.85 4 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 20.00 TON $130.00 $2,600.00 5 PERFORMANCE GRADED BINDER 58V-34 111.00 TON $475.00 $52,725.00 6 TACK COAT 4,417.00 GAL $2.15 $9,496.55 7 TEMPORARY SIGN DAY 180.00 DAY $5.00 $900.00 8 BARRICADE, TYPE II 100.00 BDAY $0.50 $50.00 9 BARRICADE, TYPE III 20.00 BDAY $5.00 $100.00 10 FLAGGING 30.00 DAY $375.00 $11,250.00 11 EARTH SHOULDER CONSTRUCTION 189.00 STA $39.50 $7,465.50 12 SEEDING 2.17 AC $2,475.00 $5,370.75 SubTotal - Bid Section 1A - $228,310.65 ALTERNATIVE BID SECTION 1A - BEVELED EDGE 11 ASPHALTIC CONCRETE, TYPE SPR 292.00 TON $61.78 $18,039.76 12 PERFORMANCE GRADED BINDER 58V-34 10.00 TON $475.00 $4,750.00 SubTotal - Alternative Bid Section 1A - $22,789.76 Total - Bid Section 1A - $251,100.41 BID SECTION 1B - NORTH ROAD; HUSKER HIGHWAY TO STOLLEY PARK ROAD 1 MOBILIZATION / DEMOBILIZATION 1.00 LS $9,700.00 $9,700.00 2 COLD MILLING, CLASS 1 16,442.00 SY $0.60 $9,865.20 3 ASPHALTIC CONCRETE, TYPE SPR (2") 1,825.00 TON $38.00 $69,350.00 4 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 15.00 TON $130.00 $1,950.00 5 PERFORMANCE GRADED BINDER 58V-34 62.00 TON $475.00 $29,450.00 6 TACK COAT 2,466.00 GAL $2.15 $5,301.90 7 TEMPORARY SIGN DAY 108.00 DAY $5.00 $540.00 8 BARRICADE, TYPE II 60.00 BDAY $0.50 $30.00 9 BARRICADE, TYPE III 12.00 BDAY $5.00 $60.00 10 FLAGGING 18.00 DAY $375.00 $6,750.00 11 EARTH SHOULDER CONSTRUCTION 108.00 STA $39.50 $4,266.00 12 SEEDING 1.24 AC $2,475.00 $3,069.00 SubTotal - Bid Section 1B - $140,332.10 ALTERNATIVE BID SECTION 1B - BEVELED EDGE 11 ASPHALTIC CONCRETE, TYPE SPR 215.00 TON $60.60 $13,029.00 12 PERFORMANCE GRADED BINDER 58V-34 7.00 TON $475.00 $3,325.00 SubTotal - Alternative Bid Section 1B - $16,354.00 Total - Bid Section 1B - $156,686.10 BID SECTION 1C - WILDWOOD DRIVE; US HIGHWAY 281 TO LOCUST STREET Item Est. Quantity Unit Unit Price Total Price 1 MOBILIZATION / DEMOBILIZATION 1.00 LS $9,700.00 $9,700.00 2 ASPHALTIC CONCRETE, TYPE SPR (1 1/2") 2,453.00 TON $34.50 $84,628.50 3 ASPHALTIC CONCRETE, SCRATCH COURSE (1/2") 818.00 TON $32.50 $26,585.00 4 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 25.00 TON $130.00 $3,250.00 5 PERFORMANCE GRADED BINDER 58V-34 83.00 TON $475.00 $39,425.00 6 TACK COAT 5,892.00 GAL $2.15 $12,667.80 7 TEMPORARY SIGN DAY 112.00 DAY $5.00 $560.00 8 BARRICADE, TYPE II 80.00 BDAY $0.50 $40.00 9 BARRICADE, TYPE III 16.00 BDAY $5.00 $80.00 10 FLAGGING 24.00 DAY $375.00 $9,000.00 11 EARTH SHOULDER CONSTRUCTION 210.00 STA $39.50 $8,295.00 12 SEEDING 2.41 AC $2,475.00 $5,964.75 SubTotal - Bid Section 1C - $200,196.05 ALTERNATIVE BID SECTION 1C - BEVELED EDGE Item Est. Quantity Unit Unit Price Total Price 13 ASPHALTIC CONCRETE, TYPE SPR 444.00 TON $55.78 $24,766.32 14 PERFORMANCE GRADED BINDER 58V-34 15.00 TON $475.00 $7,125.00 SubTotal - Alternative Bid Section 1C - $31,891.32 Total - Bid Section 1C - $232,087.37 BID SECTION 1D - SHADY BEND ROAD; BNSF RAIL LINE TO GREGORY AVENUE Item Est. Quantity Unit Unit Price Total Price 1 MOBILIZATION / DEMOBILIZATION 1.00 LS $9,700.00 $9,700.00 2 COLD MILLING, CLASS 3 (3") 17,498.00 SY $1.50 $26,247.00 3 ASPHALTIC CONCRETE, TYPE SPR (3") 2,913.00 TON $33.50 $97,585.50 4 ASPHALTIC CONCRETE FOR PATCHING, TYPE SPR 20.00 TON $130.00 $2,600.00 5 PERFORMANCE GRADED BINDER 58V-34 99.00 TON $475.00 $47,025.00 6 TACK COAT 3,500.00 GAL $2.15 $7,525.00 7 TEMPORARY SIGN DAY 200.00 DAY $5.00 $1,000.00 8 BARRICADE, TYPE II 100.00 BDAY $0.50 $50.00 9 BARRICADE, TYPE III 20.00 BDAY $5.00 $100.00 10 FLAGGING 20.00 DAY $375.00 $7,500.00 11 EARTH SHOULDER CONSTRUCTION 112.00 DAY $39.50 $4,424.00 12 SEEDING 1.29 BDAY $2,475.00 $3,192.75 13 RAILROAD COORDINATION 1.00 BDAY $5,000.00 $5,000.00 14 RAILROAD FLAGGING 4.00 DAY $1,000.00 $4,000.00 SubTotal - Bid Section 1C - $215,949.25 ALTERNATIVE BID SECTION 1C - BEVELED EDGE Item Est. Quantity Unit Unit Price Total Price 10 ASPHALTIC CONCRETE, TYPE SPR 267.00 TON $52.38 $13,985.46 11 PERFORMANCE GRADED BINDER 58V-34 9.00 TON $475.00 $4,275.00 SubTotal - Alternative Bid Section 1C - $18,260.46 Total - Bid Section 1C - $234,209.71 Grand Total Bid Section 1A + 1B + 1C + 1D - $784,788.05 GRAND TOTAL ALTERNATIVE BID SECTION 1A + 1B + 1C + 1D - $89,295.54 PROJECT GRAND TOTAL - $874,083.59 ASPHALT MAINTENANCE PROJECT NO. 2017-AC-1 Estimate vs. Contractor's Bid - VONTZ PAVING Grand Island Council Session - 2/28/2017 Page 112 / 259 SECTION ROADWAY BASE BID ALT BID TOTAL BID % CITY CITY COST % COUNTY COUNTY COSTA Capital Avenue $228,311 $22,790 $251,100 100.0% $251,100 0.0% $0B North Road $140,332 $16,354 $156,686 100.0% $156,686 0.0% $0C Wildwood Drive $200,196 $31,891 $232,087 87.5% $203,076 12.5% $29,011D Shady Bend Road $215,949 $18,260 $234,210 53.0% $124,131 47.0% $110,079TOTAL $784,788 $89,296 $874,084 $734,994 $139,089CITY OF GRAND ISLAND2017‐AC‐1CITY/COUNTY COST BREAKDOWNBID SECTION 1 ‐ SPRGrand Island Council Session - 2/28/2017 Page 113 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-54 WHEREAS, the City of Grand Island is proposing an asphalt overlay project, known as 2017-AC-1, for sections of Shady Bend Road and Wildwood Drive; and WHEREAS, a portion of such asphalt work will be within the limits of Hall County; and WHEREAS, it is recommended that an Inter-local Agreement be entered into with Hall County for sharing in the cost of such work; and WHEREAS, the City of Grand Island has prepared an Inter-local Agreement, which has been reviewed by the City’s Legal Department and Hall County, for such work to be completed. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Inter-local Agreement by and between the City of Grand Island and Hall County, Nebraska for the asphalt overlay work, known as 2017-AC-1, to be performed on sections of Shady Bend Road and Wildwood Drive is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 114 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-11 #2017-55 - Approving Agreement for Engineering Consulting Services Related to Moores Creek Drainage Extension Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 115 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Approving Agreement for Engineering Consulting Services Related to Moores Creek Drainage Extension Presenter(s):John Collins PE, Public Works Director Background This project will plan, design and build the extension of the Moore’s Creek Drainage Ditch to extend drainage to the southwest and to serve current areas as well as the proposed US Highway 30 realignment project. A potential route is shown on the attached exhibit. Design may be completed by internal City of Grand Island staff with assistance from the selected consultant. Detention cells may also be included as part of the project. This project is not part of the approved Capital Improvement Program but is recommended because of the time sensitive opportunity to save funds. On November 25, 2016 the Engineering Division of the Public Works Department advertised for Engineering Services for the Moores Creek Drainage Extension, with twelve (12) potential respondents. Discussion Five (5) engineering firms submitted qualifications for the engineering services for Moores Creek Drainage Extension. JEO Consulting Group, Inc. of Omaha, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for JEO Consulting Group, Inc.’s services will be provided on a time and materials basis with a maximum fee of $165,600.00. Based on an update of the project status for the Northwest Flood Control project from Central Platte Nebraska Resource District (CPNRD) the City’s cost share for FY 2016/2017 has been reduced from the budgeted $1,318,870.00 to $600,000.00. Public Grand Island Council Session - 2/28/2017 Page 116 / 259 Works staff is requesting to use the difference of $718,870.00 to begin work on the Moores Creek Drain Extension and help reduce overall City costs for this project by coordinating this work with the State of Nebraska US Highway 30 realignment project. Such coordination will provide the opportunity for some of this drainage project to be constructed as part of the US Highway 30 realignment. There is also the potential for a reduction in cost of the US Highway 30 realignment as Moore’s Creek would provide borrow material for the roadway. In addition to the US Highway 30 realignment benefits the northwest part of the City has a need for this large drainage project as well, to handle water in the newly developed subdivision and commercial areas. 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 agreement with JEO Consulting Group, Inc. of Omaha, Nebraska, in the amount of $165,600.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/28/2017 Page 117 / 259 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES FOR THE 2017 CAPITAL IMPROVEMENT PROJECTS RFP DUE DATE:December 13, 2016 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:November 25, 2016 NO. POTENTIAL BIDDERS:12 SUMMARY OF PROPOSALS RECEIVED HDR JEO Consulting Group, Inc. Omaha, NE Wahoo, NE EA Engineering Schemmer Associates Lincoln, NE Lincoln, NE Olsson Associates Felsburg Holt & Ullevig Lincoln, NE Omaha, NE Alfred Benesch & Company Miller & Associates Grand Island, NE Kearney, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, PW Engineer P1925 Grand Island Council Session - 2/28/2017 Page 118 / 259 Page 1 of 2 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ______________ (“Effective Date”) between __City of Grand Island____ (“Owner”) and JEO Consulting Group, Inc. (“Engineer”). Owner’s project, of which Engineer’s services under this Agreement are a part, is generally identified as follows: ______Moore’s Creek Drainage Extension Phase 1_____ (“Project”). JEO Project Number: ___R161975___________ Owner and Engineer further agree as follows: ARTICLE 1 - SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 - OWNER’S RESPONSIBILITIES 2.01 Owner Responsibilities A. Owner responsibilities are outlined in Section 3 of Exhibit B. ARTICLE 3 - COMPENSATION 3.01 Compensation A. Owner shall pay Engineer as set forth in Exhibit A and per the terms in Exhibit B. B. The fee for the Project is: C. The Standard Hourly Rates Schedule shall be adjusted annually (as of approximately January 1st) to reflect equitable changes in the compensation payable to Engineer. The current hourly rate schedule can be provided upon request. Grand Island Council Session - 2/28/2017 Page 119 / 259 Page 2 of 2 ARTICLE 4 - EXHIBITS AND SPECIAL PROVISIONS 4.01 Exhibits Exhibit A – Scope of Services Exhibit B – General Conditions 4.02 Total Agreement A. This Agreement (consisting of pages 1 to 2 inclusive, together with the Exhibits identified as included above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. Owner: City of Grand Island Engineer: JEO Consulting Group, Inc. By: Mayor Jeremy Jensen By: Kevin Kruse Title: Mayor Title: Water Resources Department Manager Date Signed: Date Signed: Address for giving notices: Address for giving notices: City Hall JEO Consulting Group, Inc. 100 E. First St. ________ 142 West 11th Street Grand Island, NE 68801 PO Box 207 Wahoo, NE 68066 Grand Island Council Session - 2/28/2017 Page 120 / 259 Moore’s Creek Drainage Extension Phase 1 – Scope of Services Page 1 of 6 EXHIBIT A - SCOPE OF SERVICES Moore’s Creek Drainage Extension – Phase 1 City of Grand Island, Nebraska JEO Project # 161975 February 17, 2017 PROJECT BACKGROUND AND STUDY AREA: The City of Grand Island (City) began a stormwater master plan in 2016 for the Moore’s Creek watershed located in the western portions of the City. The primary goals of this project are to: assess drainage conditions within the City; identify Capital Improvement Program project needs to address drainage deficiencies; and to reduce flooding risks. Among the project recommendations developed for the master plan is an extension of Moore’s Creek to better serve southwestern portions of the City. The drainage extension includes a series of ditches and detention cells generally located south of Old Potash Highway and east of Monitor Road. Refer to the attached concept plan for details on the proposed drainage extension. PROJECT TASKS: The consultant shall perform the following tasks for this project: TASK 1: PROJECT MANAGEMENT AND MEETINGS Task 1.1 – Management Project management will be maintained to inform team members of budget, schedule, milestones and feedback from City staff. This includes general project administration and monthly progress reports to be included with billing statements. Deliverables – Deliverables will include the monthly progress reports. Task 1.3 – Agency and Utility Coordination Agency coordination meetings will be conducted separately with the USACE and NDOR to obtain feedback on the project route and identify permitting needs, among other objectives. Up to two (2) meetings are anticipated. The understanding is that the USACE has provided a determination to NDOR that there are no jurisdictional wetlands impacted by the proposed Highway 30 realignment project. However, the extent of NDOR’s wetland delineation is unknown and needs to be reviewed in regard to the proposed Moore’s Creek project. Coordination will also be conducted with utility companies via phone or email. No formal site visits or office meetings are anticipated for utility coordination. Deliverables – Deliverables will include an agenda and minutes for each meeting. Task 1.4 – Coordination with the City Task 1.4.1 – Kickoff Meeting A kick-off meeting will be held with the City at the outset of the project. The following topics may be discussed at project kick-off: project goals and objectives; review the scope; identify key contacts; and project schedule. Grand Island Council Session - 2/28/2017 Page 121 / 259 Moore’s Creek Drainage Extension Phase 1 – Scope of Services Page 2 of 6 Task 1.4.4 – Monthly Progress Meetings Periodic progress meetings (up to 4 meetings) will be conducted to review the project. Conference calls may be held in lieu of in-person meetings as needed. Task 1.5 – QA-QC Quality control reviews will be conducted periodically to ensure accuracy and completeness. TASK 2: PRELIMINARY ROUTE EVALUATION Task 2.1 – Refinement of Concept Route The concept plan for the Moore’s Creek drainage extension will be further evaluated based upon several criteria, including but not limited to: property ownership, easements and right-of-way; topography; soil suitability; wetlands and other permitting implications; roadway crossings; and utilities. Up to two alternative routes will be evaluated for feasibility to identify the most viable option. Route evaluation will occur in conjunction with the stakeholder meetings. Based upon the above criteria, the drainage extension route will be finalized. Only one route will proceed towards concept plan refinement. TASK 3: LANDOWNER MEETINGS Task 3.1 – Fact Sheet Prepare one (1) fact sheet to describe the purpose and location of the proposed project. Task 3.2 – Landowner Meetings Schedule and conduct one-on-one briefings with property owners within the project area. Property owners and other stakeholders will be provided an overview of the project and will be solicited for feedback and questions about the project, including potential willingness to cooperate with right-of-way or easement acquisitions. Up to ten (10) meetings are anticipated. It is assumed that multiple landowner meetings will occur in a trip and, at most, three (3) trips will be dedicated to landowner meetings. Deliverables – Deliverables will include: meeting minutes for any landowner meetings; and a hardcopy and electronic copy of the fact sheet. TASK 4: FIELD DATA COLLECTION Task 4.1 – Topo Survey and Drawing Topographic survey will be conducted to obtain stream cross-section geometry and overbank topography. LiDAR will also be utilized to supplement overbank topography. Bridge, culvert crossings, and other stormwater structures will also be surveyed to obtain pertinent physical parameters such as sizes, materials, alignment, obstructions, etc. Right of Entry: The City will coordinate with the property owners as needed to obtain right-of-entry allowing survey crews access to private property. The limits of survey will be confirmed with the City prior to field work being completed. The investigation of alternate alignments may require additional field survey. If additional field survey is required beyond the initial data collection, additional fees may be required. Task 4.2 – Utility Locating and Mapping: JEO will schedule a utility locate and/or request for utility maps within the existing project areas and incorporate into drawings. Grand Island Council Session - 2/28/2017 Page 122 / 259 Moore’s Creek Drainage Extension Phase 1 – Scope of Services Page 3 of 6 Task 4.3 – Right-of-Way and Easements: Existing right-of-way and easements will be identified and incorporated into drawings. The City will assist and provide any available information regarding current right-of-way or easements in the proposed project area. Once final right-of-way and/or easements have been determined, the proposed boundaries will be included in drawings for the purpose of documentation. Task 4.4 – Field Visit and Infrastructure Review One (1) field visit will be conducted to: review the route alternatives (in conjunction with Task 2); identify existing structures such as bridges, culverts, ponds and detention cells; and identify other constraints that may impact project feasibility. TASK 5: RIGHT-OF-WAY AND EASEMENT COORDINATION Task 5.1 – Identification of Property Owners and Right-of-Way/Easement Needs: Identify areas that may potentially be needed for temporary easement (construction staging and access) and permanent easement or acquisition. Prepare right-of-way maps including legal description for temporary and permanent easements. It is anticipated that up to 12 total easements (permanent and temporary) will be needed. If additional easements or acquisitions are required, additional fees may be necessary. Task 5.2 – Title Search A title search will be performed for the subject properties identified in Task 5.1. Task 5.3 – Appraisals Appraisals will be conducted for the subject properties identified in task 5.1. Task 5.4 – Easement Negotiation with Property Owners Right-of-way and/or easements will be negotiated with property owners based upon the fair market values determined in Task 5.3. Task 5.5 – Easement Documents Right-of-way/easement documents will be prepared based upon the feasibility of acquisitions determined in Task 5.1. Deliverables – Deliverables will include right-of-way and/or easement documentation. TASK 6: GEOTECHNICAL EVALUATION Task 6.1 – Subsurface Investigations / Borings and Analysis The project will consist of field exploration and laboratory testing under the guidance of a geotechnical engineer or geologist (as a subconsultant to JEO) to characterize the subsurface conditions. Up to five (5) borings will be obtained, each at approximately a depth of 30 feet. Associated lab testing from the newly obtained borings will be performed and results will be documented to assess suitability of material for other purposes such as borrow material. The NDOR may perform subsurface investigations in support of the Highway 30 realignment project. If such investigations are deemed suitable for this project, Task 6 will be adjusted or excluded as appropriate. Grand Island Council Session - 2/28/2017 Page 123 / 259 Moore’s Creek Drainage Extension Phase 1 – Scope of Services Page 4 of 6 TASK 7: PRELIMINARY DESIGN Preliminary design is planned to consist of one formal submittal, a revised concept plan identifying the general limits of construction and right-of-way/easement needs. Task 7.1 – Hydrology and Hydraulics Existing hydrologic modeling efforts developed by JEO will be reviewed and utilized to assess performance characteristics of existing conditions and proposed detention cells for up to the 50-year design storm event. New hydraulic models will be developed utilizing HEC-RAS (1D, steady-state) to evaluate proposed channels and culvert crossings. Task 7.2 – Culverts The conceptual route for the Moores Creek Drainage Extension likely requires new culverts. It is assumed no bridges will be required. JEO will prepare a short memorandum of conceptual design information, which details pertinent design features for each structure, including preliminary costs. Task 7.3 – Channels and Ditches The current conceptual plan (see attachment) calls for reaches of channels ranging in bottom width between six (6) and 12 feet, with depths ranging from three (3) to five (5) feet, and 3:1 (H:V) side slopes. However, this will be reviewed and refined through Task 7.1. It is not anticipated that grade control structures will be required due to the relatively flat topography. Task 7.4 – Detention Cells The current conceptual plan (see attachment) identifies four (4) medium to large detention cell areas. Detention cell locations and sizes will be refined through Tasks 2 and 7.1 and incorporated into the revised concept plan. Task 7.5 – Concept Plan Submittal This will include drawings, memos, and cost opinions, as appropriate and commensurate with the revised concept plan. · Deliverables will include a technical memorandum summarizing the methods and results of the H&H analyses of proposed improvements. · Cost opinions for the proposed improvements · Plans of the proposed improvements, including: o Cover sheet o Summary of general quantities sheet o Typical sections o General notes o Concept route plan view illustrating culverts, detention cells and channels o Limited vertical profiles and cross sections TASK 8: PERMITTING Task 8.1 – USACE Section 404 Coordination - JEO will utilize previous wetland delineations that can potentially be obtained from NDOR. It is anticipated that additional wetland delineations will be required for the preferred drainage channel route. - JEO will coordinate with USACE Section 404 staff to gather input for the 404 permitting approach. - It is assumed that the actual 404 permit application preparation and submittal will occur in Phase 2 (Final Design), along with any required wetland delineations. Grand Island Council Session - 2/28/2017 Page 124 / 259 Moore’s Creek Drainage Extension Phase 1 – Scope of Services Page 5 of 6 PROPOSED PROJECT SCHEDULE: The schedule of this project is structured in a manner to provide approximate Phase 2 final design costs and land acquisition costs in sufficient time for the City to budget for Fiscal Year 2018 by July, 2017. Final completion of Phase 1 is anticipated by September 1, 2017. * Note: Project schedules are dependent upon timely reviews by regulatory agencies and stakeholders, as well as timely project direction from the City and NRD. This schedule is also based upon an assumed notice to proceed in February 2017. PROPOSED PROJECT FEE: The consultant will provide the services described herein for a fixed fee amount of $165,600.00. Additional services can be provided based upon current hourly rates as requested by the City. Owner will be billed monthly for services to date. Task 1 – Project Management and Meetings $18,400.00 Task 2 – Preliminary Route Determination $11,800.00 Task 3 – Landowner Meetings $12,600.00 Task 4 – Field Data Collection $19,000.00 Task 5 – Right-of-Way and Easement Coordination $52,900.00 Task 6 – Geotechnical Evaluation $18,900.00 Task 7 – Preliminary Design $29,300.00 Task 8 – Permitting $2,700.00 TOTAL $165,600.00 SERVICES PROVIDED BY THE CITY: · Designate City staff member as project representative. · Provide available relevant data including: LiDAR; storm system data (GIS, as-builts, etc.); flooding history; and other previous studies. · Information regarding previous court rulings pertaining to Moore’s Creek drainage · Provide feedback and review of all submittals in a timely manner. · Notify and acquire permission (if necessary) from landowners for field investigation activities. · Assist in coordination with NDOR and other project stakeholders, as appropriate · Provide assistance with landowner meetings SERVICES NOT INCLUDED: (If necessary, a fee for these services can be negotiated.) · Additional meetings not previously noted. · Floodplain remapping for the project area. · Comprehensive topographic field survey of overbank/floodplain areas. · Evaluation or development of additional alternatives beyond those described above. · Detailed coordination with public and/or private utilities. · Design beyond the preliminary concept plan level. · Coordination of securing funding or grants from outside parties. · Additional public involvement efforts not previously noted. · Printing, mailing or other costs associated with public information materials. Grand Island Council Session - 2/28/2017 Page 125 / 259 Moore’s Creek Drainage Extension Phase 1 – Scope of Services Page 6 of 6 FUTURE PHASES Due to unknowns and uncertainties with budgets, scope and fee for Phase 2 (Design and Permitting) will be negotiated upon completion of Phase 1. It is expected that the City retain the JEO Team for all future phases of the project without going through a competitive bid process. PHASE 2 Permitting (SWPPP/NPDES, USACE 404, Floodplain) All necessary permit applications will be completed and submitted as part of Phase 2. ROW and Easement Acquisitions Easements and ROW identified during Phase 1 will be negotiated and obtained during Phase 2. Final Design and Construction Documents Phase 2 will take the preliminary 30% design plans to 100% final completion, including a full set of specifications and bid documents. PHASE 3 Bidding and Negotiation Construction Staking Construction Administration and Observation Construction Grand Island Council Session - 2/28/2017 Page 126 / 259 Moore's Creek Drainage Extension Concept PlanCreated By: PHDate: 1/31/2017Revised:Software: ArcGIS 10.2File: This map was prepared using information from record drawings suppliedby JEO and/or other applicable city, county, federal, or public or privateentities. JEO does not guarantee the accuracy of this map or theinformation used to prepare this map. This is not a scaled plat. City of Grand Island, NebraskaHall County Site 1:Surface Area: 12.4 AcresTotal Storage: 31 acre-ftDepth: 2.6 ftQ10 Inflow = 147 cfsQ10 Outflow = 45 cfsOutflow Pipe: Dual 30" PC-212 ft Bottom (4:1)Q10 Prop = 228 cfsSlope = 0.00075 ft/ftCapacity = 281 cfs (at 4.2 ft max depth)Normal Depth = 3.8 ft 12' 4.2 ' PC-38 ft Bottom (4:1)Q10 Prop = 101 cfsSlope = 0.00147 ft/ftCapacity = 480 cfs (at 5.0 ft max depth)Normal Depth = 2.54 ft 8' 5.0' Discharge to Army Ditch Existing ProposedStorm 88 cfs 78 cfs10-Yr 135 cfs 102 cfs50-Yr 171 cfs 117 cfs100-Yr Site 4:Surface Area: 23 AcresTotal Storage: 67 acre-ftDepth: 3.0 ftQ10 Inflow = 340 cfsQ10 Outflow = 78 cfsOutflow Pipe: Triple 30" PC-46 ft Bottom (4:1)Q10 Prop = 50 cfsSlope = 0.00105 ft/ftCapacity = 114 cfs (at 3.0 ft max depth)Normal Depth = 2.0 ft 6' 3.0' Site 2:Surface Area: 7.8 AcresTotal Storage: 26 acre-ftDepth: 3.5 ftQ10 Inflow = 82 cfsQ10 Outflow = 27 cfsOutflow Pipe: Single 24" Site 3:Surface Area: 7.8 AcresTotal Storage: 22 acre-ftDepth: 3.0 ftQ10 Inflow = 155 cfsQ10 Outflow = 74 cfsOutflow Pipe: Triple 30" PC-56 ft Bottom (4:1)Q10 Prop = 155 cfsSlope = 0.00177 ft/ftCapacity = 211 cfs (at 3.5 ft max depth)Normal Depth = 1.7 ft 6' 3.5' PC-68 ft Bottom (4:1)Q10 Prop = 81 cfsSlope = 0.00085 ft/ftCapacity = 80 cfs (at 2.5 max depth)Normal Depth = 2.4 ft 8' 2.5' Grand Island Council Session - 2/28/2017 Page 127 / 259 Exhibit B JEO CONSULTING GROUP INC JEO ARCHITECTURE INC Page 1 of 2 – Revision 2 1. SCOPE OF SERVICES: JEO Consulting Group, Inc. (JEO) shall perform the services described in Exhibit A. JEO shall invoice the owner for these services at the fee stated in Exhibit A. 2. ADDITIONAL SERVICES: JEO can perform work beyond the scope of services, as additional services, for a negotiated fee or at fee schedule rates. 3. OWNER RESPONSIBILITIES: The owner shall provide all criteria and full information as to the owner’s requirements for the project; designate and identify in writing a person to act with authority on the owner’s behalf in respect to all aspects of the project; examine and respond promptly to JEO’s submissions; and give prompt written notice to JEO whenever the owner observes or otherwise becomes aware of any defect in work. Unless otherwise agreed, the owner shall furnish JEO with right-of- access to the site in order to conduct the scope of services. Unless otherwise agreed, the owner shall also secure all necessary permits, approvals, licenses, consents, and property descriptions necessary to the performance of the services hereunder. While JEO shall take reasonable precautions to minimize damage to the property, it is understood by the owner that in the normal course of work some damage may occur, the restoration of which is not a part of this agreement. 4. TIMES FOR RENDERING SERVICES: JEO’s services and compensation under this agreement have been agreed to in anticipation of the orderly and continuous progress of the project through completion. Unless specific periods of time or specific dates for providing services are specified in the scope of services, JEO’s obligation to render services hereunder shall be for a period which may reasonably be required for the completion of said services. If specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided, and if such periods of time or date are changed through no fault of JEO, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. If the owner has requested changes in the scope, extent, or character of the project, the time of performance of JEO’s services shall be adjusted equitably. 5. INVOICES: JEO shall submit invoices to the owner monthly for services provided to date and a final bill upon completion of services. Invoices are due and payable within 30 days of receipt. Invoices are considered past due after 30 days. Owner agrees to pay a finance charge on past due invoices at the rate of 1.0% per month, or the maximum rate of interest permitted by law. If the owner fails to make any payment due to JEO for services and expenses within 30 days after receipt of JEO’s statement, JEO may, after giving 7 days’ written notice to the owner, suspend services to the owner under this agreement until JEO has been paid in full all amounts due for services, expenses, and charges. 6. STANDARD OF CARE: The standard of care for all services performed or furnished by JEO under the agreement shall be the care and skill ordinarily used by members of JEO’s profession practicing under similar circumstances at the same time and in the same locality. JEO makes no warranties, express or implied, under this agreement or otherwise, in connection with JEO’s services. JEO shall be responsible for the technical accuracy of its services and documents resulting therefrom, and the owner shall not be responsible for discovering deficiencies therein. JEO shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in owner furnished information. 7. REUSE OF DOCUMENTS: Reuse of any materials (including in part plans, specifications, drawings, reports, designs, computations, computer programs, data, estimates, surveys, other work items, etc.) by the owner on a future extension of this project, or any other project without JEO’s written authorization shall be at the owner’s risk and the owner agrees to indemnify and hold harmless JEO from all claims, damages, and expenses including attorney’s fees arising out of such unauthorized use. 8. ELECTRONIC FILES: Copies of Documents that may be relied upon by the owner are limited to the printed copies (also known as hard copies) that are signed or sealed by JEO. Files in electronic media format of text, data, graphics, or of other types that are furnished by JEO to the owner are only for convenience of the owner. Any conclusion or information obtained or derived from such electronic files shall be at the user’s sole risk. a. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it shall perform acceptance tests or procedures within 30 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 30 day acceptance period shall be corrected by the party delivering the electronic files. JEO shall not be responsible to maintain documents stored in electronic media format after acceptance by the owner. b. When transferring documents in electronic media format, JEO makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by JEO at the beginning of the project. c. The owner may make and retain copies of documents for information and reference in connection with use on the project by the owner. d. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. e. Any verification or adaptation of the documents by JEO for extensions of the project or for any other project shall entitle JEO to further compensation at rates to be agreed upon by the owner and JEO. 9. SUBCONSULTANTS: JEO may employ consultants as JEO deems necessary to assist in the performance of the services. JEO shall not be required to employ any consultant unacceptable to JEO. 10. INDEMNIFICATION: To the fullest extent permitted by law, JEO and the owner shall indemnify and hold each other harmless and their respective officers, directors, partners, employees, and consultants from and against any and all claims, losses, damages, and expenses (including but not limited to all fees and charges of Grand Island Council Session - 2/28/2017 Page 128 / 259 Exhibit B JEO CONSULTING GROUP INC JEO ARCHITECTURE INC Page 2 of 2 – Revision 2 engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) to the extent such claims, losses, damages, or expenses are caused by the indemnifying parties’ negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of JEO and the owner, they shall be borne by each party in proportion to its negligence. 11. INSURANCE: JEO shall procure and maintain the following insurance during the performance of services under this agreement: a. Workers’ Compensation: Statutory b. Employer’s Liability i. Each Accident: $500,000 ii. Disease, Policy Limit: $500,000 iii. Disease, Each Employee: $500,000 c. General Liability i. Each Occurrence (Bodily Injury and Property Damage): $1,000,000 ii. General Aggregate: $2,000,000 d. Auto Liability i. Combined Single: $1,000,000 e. Excess or Umbrella Liability i. Each Occurrence: $1,000,000 ii. General Aggregate: $1,000,000 f. Professional Liability: i. Each Occurrence: $1,000,000 ii. General Aggregate: $2,000,000 g. All policies of property insurance shall contain provisions to the effect that JEO and JEO’s consultants’ interests are covered and that in the event of payment of any loss or damage the insurers shall have no rights of recovery against any of the insureds or additional insureds thereunder. h. The owner shall require the contractor to purchase and maintain general liability and other insurance as specified in the Contract Documents and to cause JEO and JEO’s consultants to be listed as additional insured with respect to such liability and other insurance purchased and maintained by the contractor for the project. i. The owner shall reimburse JEO for any additional limits or coverages that the owner requires for the project. 12. TERMINATION: This agreement may be terminated by either party upon 7 days prior written notice. In the event of termination, JEO shall be compensated by owner for all services performed up to and including the termination date. The effective date of termination may be set up to thirty (30) days later than otherwise provided to allow JEO to demobilize personnel and equipment from the site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble project materials in orderly files. 13. GOVERNING LAW: This agreement is to be governed by the law of the state in which the project is located. 14. SUCCESSORS, ASSIGNS, AND BENEFICIARIES: The owner and JEO each is hereby bound and the partners, successors, executors, administrators and legal representatives of the owner and JEO are hereby bound to the other party to this agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, with respect to all covenants, agreements and obligations of this agreement. a. Neither the owner nor JEO may assign, sublet, or transfer any rights under or interest (including, but without limitation, monies that are due or may become due) in this agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment shall release or discharge the assignor from any duty or responsibility under this agreement. b. Unless expressly provided otherwise in this agreement: Nothing in this agreement shall be construed to create, impose, or give rise to any duty owed by the owner or JEO to any contractor, contractor’s subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. c. All duties and responsibilities undertaken pursuant to this agreement shall be for the sole and exclusive benefit of the owner and JEO and not for the benefit of any other party. 15. PRECEDENCE: These standards, terms, and conditions shall take precedence over any inconsistent or contradictory language contained in any proposal, contract, purchase order, requisition, notice to proceed, or like document regarding JEO’s services. 16. SEVERABILITY: Any provision or part of the agreement held to be void or unenforceable shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the owner and JEO, who agree that the agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 17. NON-DISCRIMINATION CLAUSE: Pursuant to Neb. Rev. Stat. § 73-102, the parties declare, promise, and warrant that they have and will continue to comply fully with Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.A § 1985, et seq.) and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. § 48-1101, et seq., in that there shall be no discrimination against any employee who is employed in the performance of this agreement, or against any applicant for such employment, because of age, color, national origin, race, religion, creed, disability or sex. 18. E-VERIFY: JEO shall register with and use the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986, to determine the work eligibility status of new employees physically performing services within the state where the work shall be performed. Engineer shall require the same of each consultant. Grand Island Council Session - 2/28/2017 Page 129 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-55 WHEREAS, on November 25, 2016 the Engineering Division of the Public Works Department advertised for engineering services for Moores Creek Drainage Extension; and WHEREAS, on December 13, 2016 five (5) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria JEO Consulting Group, Inc. of Omaha, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and JEO Consulting Group, Inc. of Omaha, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and JEO Consulting Group, Inc. of Omaha, Nebraska for engineering services related to Moores Creek Drainage Extension, in the amount of $165,600.00, 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, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 130 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-12 #2017-56 - Approving Agreement with Olsson Associates for Preliminary Engineering Services for Stolley Park Road Reconfiguration Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 131 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Approving Agreement with Olsson Associates for Preliminary Engineering Services for Stolley Park Road Reconfiguration Presenter(s):John Collins PE, Public Works Director Background On June 24, 2014 staff presented options for reconfiguring Stolley Park Road, which required removing parking along the roadway from US Highway 281 to South Locust Street. City Council adopted the No Parking Zone on both sides of Stolley Park Road, from US Highway 281 to South Locust Street, at their July 8, 2014 meeting by Resolution No. 2014-192. On November 24, 2015, via Resolution No. 2015-329, City Council approved an agreement between the City of Grand Island and the Nebraska Department of Roads to authorize Stolley Park Road Reconfiguration as a Federal-aid Transportation Safety project. The federal share payable on any portion of a local federal-aid safety project is a maximum of 90% of the eligible participating costs, while the Local Public Agency (LPA) is responsible for the remaining 10% as well as all other nonparticipating or ineligible costs of the project. The current estimate of this project is $1,349,180.00, with the LPA share being $169,118.00 at this time. Such project would consist of Stolley Park Road striping reconfiguration from Webb Road to Locust Street, which includes pavement surface treatment and maintenance for preparation of the roadway re-striping. The existing roadway is a 46 foot concrete curb and gutter section and consists of two (2) 12 foot lanes with 11 foot of no parking zones. The new roadway will consist of a four lane undivided section from Webb Road to just west of Brentwood Boulevard, five lane section from just west of Brentwood Boulevard to St. Joe Bike Trail, and a three lane section with bike lanes from St. Joe Bike Trail to Locust Street. This project will right size the lane configuration to optimize safety and efficiency, and meet the Federal Highway Administration (FHWA) safety program requirements. Grand Island Council Session - 2/28/2017 Page 132 / 259 Discussion Olsson Associates, Inc. of Grand Island, Nebraska was selected to perform Preliminary Engineering Services based on qualifications detailed in the firm’s on-call proposal to NDOR for these services, their experience with Federal-aid Transportation projects, and their familiarity with the Stolley Park Road Reconfiguration project. Public Works Engineering staff conducted negotiations to determine the appropriate scope and fee to satisfy NDOR requirements and to ensure quality construction inspection and project management. Olsson Associates, Inc. will be paid a fixed-fee-for-profit of $9,500.01 and up to a maximum amount of $72,208.61 for actual costs, resulting in a total amount of $81,708.62. 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 agreement with Olsson Associates, Inc. of Grand Island, Nebraska to perform engineering services for Stolley Park Road Reconfiguration. Sample Motion Move to approve authorization for the Mayor to sign the agreement. Grand Island Council Session - 2/28/2017 Page 133 / 259 Task Order Agreement No. BK1712 Master Agreement No. BK1530 Effective (NTP) Date Task Order Amount C+FF $81,708.62 Template T-AGR-6-TO (revised 9-2-16) Page 1 of 8 ON-CALL PROFESSIONAL SERVICES TASK ORDER AGREEMENT LPA PROJECTS CITY OF GRAND ISLAND OLSSON ASSOCIATES PROJECT NO. HSIP-5402(5) CONTROL NO. 42812 STOLLEY PARK ROAD – GRAND ISLAND THIS AGREEMENT, is between the City of Grand Island ("LPA") and Olsson Associates ("Consultant”), and collectively referred to as the “Parties”. WHEREAS, in accordance with the terms of the On-Call Professional Services Master Agreement No. BK1530 (“Master Agreement”), State has selected several consultants, including Consultant, to be available to provide on-call preliminary engineering services for various LPA Federal-aid projects, and WHEREAS, LPA, or State on LPA’s behalf, has selected Consultant to provide preliminary engineering (“Services”) for LPA’s project identified as Project No. HSIP-5402(5), and WHEREAS, solely for convenience, consistency and in an attempt to obtain federal funding for Consultant services, the Parties intend that this task order agreement (“Task Order”) include some of the provisions of a May 22, 2015 Master Agreement for on-call preliminary engineering services between Consultant and State, and WHEREAS, LPA and Consultant wish to enter into this Task Order to specify the duties and obligations of the Parties for the completion of the Services described herein, and WHEREAS, Consultant and LPA intend that the Services provided by Consultant comply with all applicable federal-aid transportation project related program requirements so that Consultant’s costs under this Task Order will be eligible for federal reimbursement, and WHEREAS, the LPA and Consultant intend that this Task Order be completed in accordance with the terms and conditions of the Nebraska LPA Guidelines Manual for Federal Aid Projects; hereinafter referred to as LPA Manual (See definition in Section 1), and WHEREAS, Consultants primary contact for LPA’s project is LPA’s Responsible Charge when LPA is managing the project, and WHEREAS, Consultant’s primary contact for LPA’s project is State’s Project Coordinator when State is managing the project on behalf of LPA, and WHEREAS, Consultant’s primary contact for State’s project is State’s Project Coordinator. WHEREAS, the Parties understand that State is involved in this federal-aid project on behalf of the FHWA only for issues related to the eligibility of the project for reimbursement of project costs with federal-aid funds. Grand Island Council Session - 2/28/2017 Page 134 / 259 Project No. HSIP-5402(5) Page 2 of 8 Control No. 42812 Agreement No. BK1712 NOW THEREFORE, in consideration of these facts, Consultant and LPA agree as follows: SECTION 1. CONTACT INFORMATION Contact information, for the convenience of the Parties, is as follows: 1.1 Consultant Project Manager Firm Name Olsson Associates Address 201 E 2nd Street, Grand Island, Nebraska Project Manager’s Name Matt Rief Project Manager’s Phone 308-384-8750 1.2 State Project Coordinator Name Glen Steffensmeier Phone Number 402-479-3845 1.3 LPA PL Name Terry Brown Phone Number 308-385-5444 1.4 State Agreements Specialist Name Dawn Knott Phone Number 402-479-4414 SECTION 2. DURATION OF THE AGREEMENT 2.1 Effective Date --This Agreement is effective upon the earlier of the date (1) LPA, or State on LPA’s behalf, issued the Notice to Proceed, or (2) the Parties executed this Agreement. 2.2 Renewal, Extension or Amendment --The Agreement may be renewed, extended or amended by mutual agreement or as otherwise provided herein. 2.3 Identifying Date – For convenience, the Agreement’s identifying date will be the date LPA signed the agreement. 2.4 Duration – LPA, or State on LPA’s behalf, will treat the Agreement as completed or inactive upon the happening of either (1) the final completion of an audit review by State or its authorized representative and the resolution of all issues identified in the audit report, or (2) the waiver of an audit review. 2.5 Termination -- Further, LPA, or State on LPA’s behalf, reserves the right to terminate the agreement as provided herein. SECTION 3. TASK ORDER SCOPE OF SERVICES 3.1 Consultant agrees that the entire Scope of Services for this Task Order includes SECTION 5. BASIC SCOPE OF SERVICES of the Master Agreement, and the Scope of Services as set out in Exhibit “A”, attached and incorporated herein by this reference. This Task Order Scope of Services will govern over any contrary language in the Basic Scope of Services of the Master Agreement. 3.2 Upon receiving a written notice to proceed from LPA, or State on LPA’s behalf, Consultant shall complete the Services required under this Task Order and in accordance with the terms of the Master Agreement. SECTION 4. NOTICE TO PROCEED AND COMPLETION 4.1 LPA, or State on LPA’s behalf, will issue Consultant a written Notice-to-Proceed upon full execution of this Task Order. Any Services performed by Consultant on the project Grand Island Council Session - 2/28/2017 Page 135 / 259 Project No. HSIP-5402(5) Page 3 of 8 Control No. 42812 Agreement No. BK1712 prior to the date specified in the written Notice-to-Proceed will not eligible for reimbursement. 4.2 Consultant shall complete all the Services according to the schedule in attached Exhibit “A” and shall complete all Services required under this Task Order in a satisfactory manner by February 14, 2018. Any costs incurred after the completion date will not eligible for reimbursement unless LPA, or State on LPA’s behalf, has provided a written extension of time. 4.3 The completion date will not be extended because of any avoidable delay attributed to Consultant, but delays attributable to LPA or State may constitute a basis for an extension of time. SECTION 5. STAFFING PLAN (For PE Services, TO) 5.1 Consultant has provided State with a Staffing Plan, described in Exhibit “A”, attached and incorporated herein by this reference. The Staffing Plan identifies the employees of Consultant who are anticipated to provide services under this Agreement. Consultant understands that State is relying on key personnel from Consultant’s Staffing Plan to be primarily responsible for completing the Services under this Agreement. State considers the Principals, Senior level staff, Project Managers, Team Leaders or other similar classifications, to be the key personnel for the services provided. While providing Services under this Agreement, the Consultant may make occasional temporary changes to the key personnel. However, State must approve, in advance and in writing, any permanent change to the key personnel. 5.2 Personnel who are added to the Staffing Plan as replacements must be persons of comparable training and experience. Personnel added to the Staffing Plan as new personnel and not replacements must be qualified to perform the intended services. Failure on the part of Consultant to provide acceptable replacement personnel or qualified new personnel to keep the services on schedule will be cause for termination of this Task Order, with settlement to be made as provided in Exhibit “B” attached and incorporated herein by this reference. Grand Island Council Session - 2/28/2017 Page 136 / 259 Project No. HSIP-5402(5) Page 4 of 8 Control No. 42812 Agreement No. BK1712 SECTION 6. NEW EMPLOYEE WORK ELIGIBILITY STATUS 6.1 Consultant agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Consultant hereby agrees to contractually require any Subconsultants to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. 6.2 The undersigned duly authorized representative of Consultant, by signing this agreement, hereby attests to the truth of the following certifications, and agrees as follows: Neb.Rev.Stat. § 4-114. I certify compliance with the provisions of Section 4-114 and, hereby certify that this Consultant 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. I agree to require all Subconsultants, by contractual agreement, to require the same registration and verification process. 6.3 If Consultant is an individual or sole proprietorship, the following applies: a. Consultant must complete the United States Citizenship Attestation form and attach it to this agreement. This form is available on the Department of Roads website at www.transportation.nebraska.gov/projdev/#save. b. If Consultant indicates on such Attestation form that he or she is a qualified alien, Consultant agrees to provide the US Citizenship and Immigration Services documentation required to verify Consultant lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program. c. Consultant understands and agrees that lawful presence in the United States is required and Consultant may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. §4-108. SECTION 7. FEES AND PAYMENTS 7.1 Consultant’s fee proposal is attached as Exhibit “B”. 7.2 The general provisions concerning payment under this Task Order are set out on the Exhibit “B”. 7.3 For performance of the services as described in this Task Order, Consultant will be paid a fixed-fee-for-profit of $9,500.01 and up to a maximum amount of $72,208.61 for actual costs in accordance with Exhibit “B”. The total Task Order amount is $81,708.62. Grand Island Council Session - 2/28/2017 Page 137 / 259 Project No. HSIP-5402(5) Page 5 of 8 Control No. 42812 Agreement No. BK1712 SECTION 8. SUSPENSION OR TERMINATION (Unique) 8.1 Suspension or Termination LPA, or State on LPA’s behalf, has the absolute and exclusive right to suspend the work, or terminate this Task Order at any time and for any reason and such action on its part will in no event be deemed a breach of this Task Order by LPA, or State on LPA’s behalf. Without limiting the rights set out in this section, the following is a non-exclusive list of the examples of the circumstances under which this Task Order may be suspended or terminated: a. A loss, elimination, decrease, or re-allocation of funds that, in the sole discretion of LPA, or State on LPA’s behalf, make it difficult, unlikely or impossible to have sufficient funding for the Services or the project; b. LPA, or State on LPA’s behalf, abandons the Services or the project for any reason; c. Funding priorities of LPA, or State on LPA’s behalf, have changed; d. LPA, or State on LPA’s behalf, determines, in its sole discretion, that the interests of LPA, or State on LPA’s behalf, are best protected by suspension or termination of this Task Order; e. Consultant fails to meet the schedule, milestones, or deadlines established in this Task Order or agreed to in writing by the Parties; f. Consultant fails to provide acceptable replacement personnel or qualified new personnel as determined by LPA, or State on LPA’s behalf; g. Consultant has not made sufficient progress to assure that the Services are completed in accordance with the schedule in attached Exhibit “A” or in a timely manner; h. Consultant fails to meet the standard of care applicable to the Services; i. Consultant fails to meet the performance requirements of this Task Order; j. Consultant's breach of a provision of this Task Order or failure to meet a condition of this Task Order; k. Consultant's unlawful, dishonest, or fraudulent conduct in Consultant's professional capacity; l. Consultant fails to complete the project design in a form that is ready for letting a contract for construction according to the approved contract documents, including, but not limited to, project plans and specifications; 8.2 Suspension a. Suspension for Convenience. LPA, or State on LPA’s behalf, may suspend for convenience by giving Consultant notice of the date of suspension, which date will be no fewer than three (3) business days after notice is given. Such notice will provide the reason(s) for such suspension. Consultant will not be compensated for any Services completed or costs incurred after the date of suspension. Consultant shall provide LPA, or State on LPA’s behalf, a detailed summary of the current status of the Services completed and an invoice of all costs incurred up to and including the date of suspension. b. Suspension for Cause. If LPA, or State on LPA’s behalf, suspends Consultant's work for cause or for issues related to performance, responsiveness or quality that must be corrected by Consultant, LPA, or State on LPA’s behalf, will give Grand Island Council Session - 2/28/2017 Page 138 / 259 Project No. HSIP-5402(5) Page 6 of 8 Control No. 42812 Agreement No. BK1712 Consultant notice of the date of suspension, which date will be no fewer than three (3) business days after notice is given. LPA’s notice of suspension, or State’s notice of suspension on LPA’s behalf, will provide Consultant with the reason(s) for the suspension, a timeframe for Consultant to correct the deficiencies, and when applicable, and a description of the actions that must be taken for LPA, or State on LPA’s behalf, to rescind the suspension. Consultant's right to incur any additional costs will be suspended at the end of the day of suspension and will continue until all remedial action is completed to the satisfaction of LPA, or State on LPA’s behalf. Failure to correct the deficiencies identified in a suspension will be grounds for termination of this Task Order. 8.3 Termination If LPA, or State on LPA’s behalf, terminates this Task Order, LPA, or State on LPA’s behalf, shall give Consultant notice of the date of termination, which shall be no fewer than three (3) business days after notice is given. Notice of termination from LPA, or State on LPA’s behalf, shall provide Consultant with a description of the reason(s) for the termination. Notice from LPA, or State on LPA’s behalf, must specify when this Task Order will be terminated along with the requirements for completion of the work under this Task Order. Consultant's right to incur any additional costs shall cease at the end of the day of termination or as otherwise provided by LPA, or State on LPA’s behalf. 8.4 Compensation upon suspension or termination If LPA, or State on LPA’s behalf, suspends the work or terminates this Task Order, Consultant must be compensated in accordance with the provisions set out in Exhibit “B”, provided however, that in the case of suspension or termination for cause or for Consultant's breach of this Task Order, LPA, or State on LPA’s behalf, will have the power to suspend payments, pending Consultant's compliance with the provisions of this Task Order. In the event of termination of this Task Order for cause, LPA, or State on LPA’s behalf, may make the compensation adjustments set out in Exhibit “B”. Grand Island Council Session - 2/28/2017 Page 139 / 259 Project No. HSIP-5402(5) Page 7 of 8 Control No. 42812 Agreement No. BK1712 SECTION 9. SECTIONS INCORPORATED BY REFERENCE For the convenience of the parties, for consistency for funding review, and in an effort to reduce the length of this Task Order, the LPA and Consultant agree to be bound by and hereby incorporate by this reference as if fully set forth herein, Sections 11-19 and 21-28 of the Master Agreement for preliminary engineering, for LPA projects between the Nebraska Department of Roads and Consultant, dated May 22, 2015, with one recurring change: The LPA and Consultant agree to meet the requirements of all incorporated provisions and represent that by signing this Task Order, they expressly certify to any required certifications contained in those provisions. Although some of the provisions of the Master Agreement are incorporated herein by reference, it is understood that the Nebraska Department of Roads is not a party to this Task Order and shall have no obligations or duties under this Task Order. SECTION 10. CONSULTANT CERTIFICATIONS 10.1 The undersigned duly authorized representative of Consultant, by signing this Task Order, hereby reaffirms, under penalty of law, to the best of my knowledge and belief, the truth of the certifications set out in SECTION 29. CONSULTANT CERTIFICATIONS of the Master Agreement, with one change: “LPA, or State on LPA’s behalf” should be substituted in for any reference in that section of the Master Agreement to State unless the context would otherwise require. 10.2 Neb. Rev. Stat. § 81-1715(1). I certify compliance with the provisions of Section 81- 1715 and, to the extent that this Task Order is a lump sum, actual cost-maximum-not-to- exceed, or actual cost-plus-a-fixed fee professional service agreement, I hereby certify that wage rates and other factual unit costs supporting the fees in this Task Order are accurate, complete, and current as of the date of this Task Order. I agree that this Task Order price and any additions thereto shall be adjusted to exclude any significant sums by which the LPA determines the agreement price had been increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. SECTION 11. LPA CERTIFICATION 11.1 By signing this Task Order, I do hereby certify that, to the best of my knowledge, Consultant or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Task Order to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay or agree to pay to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind. 11.2 I acknowledge that this certification is to be furnished to the FHWA, upon their request, in connection with this Task Order involving participation of Federal-Aid highway funds and is subject to applicable state and federal laws, both criminal and civil. SECTION 12. ENTIRE AGREEMENT The Master Agreement, all supplements thereto, and this Task Order Agreement constitute the entire agreement ("The Task Order Agreement") between the Parties. The Task Order Agreement supersedes any and all previous communications, representations, or other Grand Island Council Session - 2/28/2017 Page 140 / 259 Project No. HSIP-5402(5) Page 8 of 8 Control No. 42812 Agreement No. BK1712 understandings, either oral or written; and all terms and conditions of the Master Agreement and supplements thereto remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF, the Parties hereby execute this agreement pursuant to lawful authority as of the date signed by each party. Further, the Parties, by signing this Task Order Agreement, attest and affirm the truth of each and every certification and representation set out herein. EXECUTED by the Consultant this ________ day of __________, 2017. OLSSON ASSOCIATES, INC. Michael Piernicky, P.E. ________________________________ Vice President STATE OF NEBRASKA ) )ss. DOUGLAS COUNTY) Subscribed and sworn to before me this ________ day of __________, 2017. ____________________________________ Notary Public EXECUTED by the City of Grand Island this ________ day of __________, 2017. CITY OF GRAND ISLAND Jeremy Jensen ________________________________ Mayor Subscribed and sworn to before me this _____ day of ________________, 2017. ___________________________________ Clerk STATE OF NEBRASKA DEPARTMENT OF ROADS Form of Agreement Approved for Federal Funding Eligibility: ____________________ __________ Date Grand Island Council Session - 2/28/2017 Page 141 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-56 WHEREAS, the City of Grand Island is developing a transportation project for which it intends to obtain Federal funds; and WHEREAS, the City as a sub-recipient of Federal-aid funding is charged with the responsibility of expending said funds in accordance with Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of the Federal-aid project; and WHEREAS, the City and Olsson Associates, Inc., wish to enter into a Professional Services Agreement to provide preliminary engineering services for the Federal-aid project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor, Jeremy Jensen, is hereby authorized to sign the attached preliminary engineering services agreement between City of Grand Island, Nebraska and Olsson Associates, Inc. NDOR Project No.: HSIP-5402(5) NDOR Control No.: 42812 NDOR Project Name: Stolley Park Road Reconfiguration, Grand Island - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. The City Council of the City of Grand Island Vaughn Minton Jeremy Jones Mark Stelk Roger Steele Linna Dee Donaldson Julie Hehnke Mike Paulick Mitch Nickerson Michelle Fitzke Chuck Haase Council Member________________________________ moved the adoption of said resolution; Council Member________________________________ seconded the motion Roll Call: ____Yes ____No ____Abstained ____Absent Resolution adopted, signed and billed as adopted. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 142 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-13 #2017-57 - Approving Agreement for Engineering Consulting Services Related to Transit Needs Assessment and Feasibility Study Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 143 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Approving Agreement for Engineering Consulting Services Related to Regional Transit Needs Assessment and Feasibility Study Presenter(s):John Collins PE, Public Works Director Background Since the mid-1970s, Hall County, using FTA Section 5311 Rural Transit Funding, has provided portal-to-portal services through Senior Citizens Industries, Inc. Over the years, this service has evolved into a full-scale, portal-to-portal transit service, providing transportation to all residents of Hall County through a combination of buses, vans, and discounted cab vouchers. The City of Grand Island occupies the predominant portion of an area designated as an Urbanized Area (UZA) by the Bureau of the Census following the 2010 census. In 2013, the Grand Island Area Metropolitan Planning Organization (GIAMPO) was established to serve as the formal transportation planning body for the greater Grand Island metropolitan region. With the “Urbanized” designation, the City of Grand Island became the direct recipient to receive FTA Section 5307 Urban Transit Funding. The transition period to use 5311 funds in support of public transportation in the Grand Island Urbanized Area ended on June 30, 2016. In July 2016, the City of Grand Island City Council approval an inter-local agreement where the City agreed to provide public transit services within Hall County and the City of Grand Island through contract services with Senior Citizens Industries, Inc. for an initial twelve month term. This contract is funded from 5307 funds, 5311 funds, and local matching funding sources via the City of Grand Island and Hall County. The 5307 funds are for public transit services in the Grand Island Urbanized area in Hall County, while the 5311 funds are for services in the rural areas in Hall County. Contracted costs for the first year are $638,430.00. The City of Grand Island will perform a Regional Transit Needs Assessment and Feasibility Study in order to plan public transportation services in the future as a result of moving from a designated rural to urban community. This study is identified in GIAMPO’s state fiscal year 2017 Unified Planning Work Program (UPWP). The UPWP budgeted $155,000 for a Regional Transit Needs Assessment and Feasibility Grand Island Council Session - 2/28/2017 Page 144 / 259 Study, which is funded from 5307 funds, 5305 funds, and local matching funding sources via the City of Grand Island. On October 15, 2016 the Engineering Division of the Public Works Department advertised for Engineering Services for Regional Transit Needs Assessment and Feasibility Study, with thirty-four (34) potential respondents. Discussion Four (4) engineering firms submitted qualifications for the engineering services for Regional Transit Needs Assessment and Feasibility Study. Olsson Associates, Inc. of Omaha, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Project understanding and approach …. 35% Firm experience and qualifications on similar work …. 35% Clarity of qualifications submittal, technical soundness, and enhancements to general scope of work outline in this Request for Qualifications …. 10% Past performance on contracts with government agencies …. 10% Capacity to accomplish the work in the required time …. 10% Compensation for Olsson Associates, Inc. services will be a fixed-fee-for-profit of $13,514.00 with a maximum amount of $142,501.00 for actual cost, resulting in a total agreement amount of $156,015.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the agreement with Olsson Associates, Inc. of Omaha, Nebraska, in the amount of $156,015.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/28/2017 Page 145 / 259 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATION FOR ENGINEERING SERVICES FOR TRANSIT NEEDS ASSESSMENT AND FEASIBILITY STUDY RFP DUE DATE:November 17, 2016 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:October 15, 2016 NO. POTENTIAL BIDDERS:34 SUMMARY OF PROPOSALS RECEIVED Olsson Associates SRF Consulting Group, Inc. Omaha, NE Omaha, NE Felsburg Holt & Ullevig Wilson & Company Centennial, CO Omaha, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Allan Zafft, MPO Program Manager P1911 Grand Island Council Session - 2/28/2017 Page 146 / 259 Grand Island Council Session - 2/28/2017 Page 147 / 259 Grand Island Council Session - 2/28/2017 Page 148 / 259 Grand Island Council Session - 2/28/2017 Page 149 / 259 Grand Island Council Session - 2/28/2017 Page 150 / 259 Grand Island Council Session - 2/28/2017 Page 151 / 259 Grand Island Council Session - 2/28/2017 Page 152 / 259 Grand Island Council Session - 2/28/2017 Page 153 / 259 Grand Island Council Session - 2/28/2017 Page 154 / 259 Grand Island Council Session - 2/28/2017 Page 155 / 259 Grand Island Council Session - 2/28/2017 Page 156 / 259 Grand Island Council Session - 2/28/2017 Page 157 / 259 Grand Island Council Session - 2/28/2017 Page 158 / 259 Grand Island Council Session - 2/28/2017 Page 159 / 259 Grand Island Council Session - 2/28/2017 Page 160 / 259 Grand Island Council Session - 2/28/2017 Page 161 / 259 Grand Island Council Session - 2/28/2017 Page 162 / 259 Grand Island Council Session - 2/28/2017 Page 163 / 259 Grand Island Council Session - 2/28/2017 Page 164 / 259 Grand Island Council Session - 2/28/2017 Page 165 / 259 Grand Island Council Session - 2/28/2017 Page 166 / 259 Grand Island Council Session - 2/28/2017 Page 167 / 259 Grand Island Council Session - 2/28/2017 Page 168 / 259 Grand Island Council Session - 2/28/2017 Page 169 / 259 Grand Island Council Session - 2/28/2017 Page 170 / 259 Grand Island Council Session - 2/28/2017 Page 171 / 259 Grand Island Council Session - 2/28/2017 Page 172 / 259 Grand Island Council Session - 2/28/2017 Page 173 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-57 WHEREAS, on October 15, 2016 the Engineering Division of the Public Works Department advertised for engineering services for Regional Transit Needs Assessment and Feasibility Study; and WHEREAS, on November 17, 2016 four (4) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Olsson Associates, Inc. of Omaha, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Olsson Associates, Inc. of Omaha, Nebraska wish to enter into an Engineering Services Agreement to provide engineering consulting services for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and Olsson Associates, Inc. of Omaha, Nebraska for engineering services related to Transit Needs Assessment and Feasibility Study, in the total amount of $156,015.00 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, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 174 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-14 #2017-58 - Approving Request from St. Mary’s Cathedral for Permission to Use City Streets and State Highway for the 2017 Divine Mercy Sunday Procession Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 175 / 259 Council Agenda Memo From:John Collins PE, Public Works Director Meeting:February 28, 2017 Subject:Consideration of Approving Request from St. Mary’s Cathedral for Permission to Use City Streets and State Highway for the 2017 Divine Mercy Sunday Procession Presenter(s):John Collins PE, Public Works Director Background St. Mary’s Cathedral has submitted a request to use both City streets and State highway for the Divine Mercy Sunday Procession, which is scheduled to take place on April 23, 2017 from approximately 3:15pm to 4:30pm. St. Mary’s Cathedral is seeking Council approval and notice to the Nebraska Department of Roads for the route of such event. Discussion The Divine Mercy Sunday Procession will require the use of City streets, as well as crossing US Highway 30 (2nd Street). Please see the attached map for the route. State Statute 39-1359 requires the City Council to approve the route and for the City to then inform the Nebraska Department of Roads that the route has approval if it closes or blocks any part of a State highway. This is a requirement for any race, parade or march that would create some closure of the highway. This action then makes the City responsible for the liability of using a State highway for the event. St. Mary’s Cathedral did submit the City’s Public Event Application, which has been reviewed by the appropriate departments with no comments or issues noted for denial of such request. 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 Grand Island Council Session - 2/28/2017 Page 176 / 259 4.Take no action on the issue Recommendation City Administration recommends that the Council approve St. Mary’s Cathedral’s route for the Division Mercy Sunday Procession and direct that the Nebraska Department of Roads be notified of this action. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/28/2017 Page 177 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-58 WHEREAS, St. Mary’s Cathedral has been application with the City of Grand Island to use City streets and State highway for the Divine Mercy Sunday Processions; and WHEREAS, St. Mary’s Cathedral has worked with the City in planning the procession route; and WHEREAS, specific wording is required by the Nebraska Department of Roads (NDOR) pursuant to Neb. Rev. Stat §39-1359, and WHEREAS, the City accepts the duties set out in neb. Rev. Stat. §39-1359, and that if a claim is made against the State, the City shall indemnify, defend, and hold harmless the State from all claims, demands, actions, damages, and liability, including reasonable attorney’s fees, that may arise as a result of the special event, more specifically defined as the Divine Mercy Sunday Procession to be held on April 23, 2017; and WHEREAS, the route for the special event necessitates the usage of US Highway 30; crossing at Walnut Street, Grand Island, Nebraska; and WHEREAS, the special event will be held on April 23, 2017, with the control of US Highway 30 at the intersection of Walnut Street being assumed by the City at 3:15pm on April 23, 2017 and ending at 4:30 pm on April 23, 2017, at which time control of US Highway 30 at the intersection of Walnut Street, shall revert to the State. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Notice of Use of City Streets and State Highways to accommodate the Divine Mercy Sunday Procession to be held on April 23, 2017 is hereby approved. BE IT FURTHER RESOLVED, that the Nebraska Department of Roads shall be notified of the approved route and this Notice. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 178 / 259 Grand Island Council Session - 2/28/2017 Page 179 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-15 #2017-59 - Approving Acquisition of Permanent Utility Easements for Sanitary Sewer District No. 539; North Webb Road and 13th Street (Harders, Rischling, & Calvary Baptist Church, Inc.) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 180 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-59 WHEREAS, public utility easements are required by the City of Grand Island for the Sanitary Sewer District No. 539 – North Webb Road and 13th Street, to construct and maintain such project; and WHEREAS, acquisition of the public utility easements is as follows: Property Owner Legal Description Amount Phil Harders and Terri Harders A permanent and perpetual easement comprising of Lot Five (5), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The North Ten (10) feet of the East Ninety Three and Twenty Eight Hundredth (93.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, of said Lot Five (5), and containing a calculated area of Nine Hundred Thirty Seven and Sixty Three Hundredth (937.63) square feet or Two Tenths (0.02) acres more or less. $350.00 Ricahrd A. Rischling and Gretchen M. Rischling A permanent and perpetual easement comprising of Lot Six (6), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The South Three (3) feet of the East Eighty Five and Twenty Eight Hundredth (85.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, and the East Eight (8) feet of the West Sixteen feet of the South One Hundred Forty Two (142) feet of the North One Hundred Fifty (150) feet of said Lot Six (6), and containing a calculated are of One Thousand Three Hundred Ninety One and Seventy Eight Hundredth (1391.78) square feet or Three Tenths (0.03) acres more or less. $1,225.00 + $4,500.00 for fence relocation $5,725.00 Calvary Baptist Church, Inc. A permanent and perpetual easement consisting of part of an unplatted tract of land described and recorded as Instrument No. 78-005613, Hall County Register of Deeds, located in the Northwest Quarter (NW ¼) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in the City of $1,210.00 Grand Island Council Session - 2/28/2017 Page 181 / 259 - 2 - Grand Island, Hall County, Nebraska, more particularly described as follows: The East Eight (8) feet of the West Thirty- Two (32) feet of the South One Hundred Thirty and Nine Tenths (130.9) feet, and the North Ten (10 feet of the south One Hundred Thirty and Nine Tenths (130.9) feet of the West Sixteen (16) feet of said tract of land, and containing a calculated area of One Thousand, Two Hundred Seven and Ninety-One Hundredths (1,207.91) square feet or Three Hundredths (0.03) acres more or less. Total = $7,285.00 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such public utility easements from the listed property owners, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. ______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 182 / 259 Grand Island Council Session - 2/28/2017 Page 183 / 259 Grand Island Council Session - 2/28/2017 Page 184 / 259 Grand Island Council Session - 2/28/2017 Page 185 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-16 #2017-60 - Approving Temporary Construction Easements for Sanitary Sewer District No. 539; North Webb Road and 13th Street (Harders, Rischling, Calvary Baptist Church, Inc.) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 186 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Approving Temporary Construction Easement for Sanitary Sewer District No. 539; North Webb Road and 13th Street (Harders, Rischling, and Calvary Baptist Church, Inc.) Presenter(s):John Collins PE, Public Works Director Background Sanitary Sewer District No. 539 was continued by City Council through Resolution No. 2016-229 at their September 27, 2016 meeting. Temporary Construction easements are needed to accommodate the extension of sanitary sewer to serve an area previously unserved that is located on the east side of North Webb Road between 13th Street and Dixie Square (see attached sketch), which must be approved by City Council. The temporary construction easements will allow for the installation of sanitary sewer to this area. A sketch is attached to show the temporary construction easement areas. Discussion Temporary construction easements are needed from three (3) property owners for Sanitary Sewer District No. 539; North Webb Road and 13th Street to be constructed. The cost for temporary use of such property has been agreed upon between the City and the property owners. Property Owner Legal Description Amount Phil Harders and Terri Harders A temporary easement comprising of Lot Five (5), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The South Six (6) feet of the North Sixteen (16) feet $150.00 Grand Island Council Session - 2/28/2017 Page 187 / 259 of the East Ninety Three and Twenty Eight Hundredth (93.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, of said Lot Five (5), and containing a calculated area of Five Hundred Seventy Two and Thirty Hundredth (572.30) square feet or One Tenths (0.01) acres more or less. Richard A. Rischling and Gretchen M. Rischling Lot Six (6), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The North Six (6) feet of the South Nine (9) feet of the East Seventy Seven and Twenty Eight Hundredth (77.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, and the East Eight (8) feet of the West Twenty Four (24) feet of the South One Hundred Forty Two (142) feet of the North One Hundred Fifty (150) feet, except the Southerly Three (3) feet of said Lot Six (6), and containing a calculated area of One Thousand Five Hundred Seventy Eight and Fifty Eight Hundredth (1578.58) square feet or Four Tenths (0.04) acres more or less. $280.00 Calvary Baptist Church, Inc. Consisting of part of an unplatted tract of land described and recorded as Instrument No. 78-005613, Hall County Register of Deeds, located in the Northwest Quarter (NW ¼) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The East Eight (8) feet of the West Thirty-Two (32) feet of the South One Hundred Forty-Six and Nine Tenths (146.9) feet, and the North Sixteen (16) feet of the South One Hundred Forty-Six and Nine Tenths (146.9) feet of the West Twenty-Four (24) feet of said tract of land and containing a calculated area of One Thousand Five Hundred Sixty-Six and Eighty-Four Hundredths (1,566.84) square feet or Four Hundredths (0.04) acres more or less. $325.00 Total = $755.00 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/28/2017 Page 188 / 259 Recommendation City Administration recommends that the Council approve the Temporary Construction Easements between the City of Grand Island and the affected property owners for Sanitary Sewer District No. 539; North Webb Road and 13th Street, in the amount of $755.00. Sample Motion Move to approve the temporary construction easements. Grand Island Council Session - 2/28/2017 Page 189 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-60 WHEREAS, temporary construction easements are required by the City of Grand Island for the Sanitary Sewer District No. 539; North Webb Road and 13th Street, to construct such project; and WHEREAS, acquisition of the temporary easements is as follows: Property Owner Legal Description Amount Phil Harders and Terri Harders A temporary easement comprising of Lot Five (5), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The South Six (6) feet of the North Sixteen (16) feet of the East Ninety Three and Twenty Eight Hundredth (93.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, of said Lot Five (5), and containing a calculated area of Five Hundred Seventy Two and Thirty Hundredth (572.30) square feet or One Tenths (0.01) acres more or less. $150.00 Richard A. Rischling and Gretchen M. Rischling Lot Six (6), Colonial Estates Ninth Subdivision, Section Seventeen (17), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The North Six (6) feet of the South Nine (9) feet of the East Seventy Seven and Twenty Eight Hundredth (77.28) feet of the West One Hundred One and Eighty Eight Hundredth (101.88) feet, and the East Eight (8) feet of the West Twenty Four (24) feet of the South One Hundred Forty Two (142) feet of the North One Hundred Fifty (150) feet, except the Southerly Three (3) feet of said Lot Six (6), and containing a calculated area of One Thousand Five Hundred Seventy Eight and Fifty Eight Hundredth (1578.58) square feet or Four Tenths (0.04) acres more or less. $280.00 Calvary Baptist Church, Inc. Consisting of part of an unplatted tract of land described and recorded as Instrument No. 78-005613, Hall County Register of Deeds, located in the Northwest Quarter (NW ¼) of Section Seventeen (17), Township Eleven (11) North, Range Nine (9), West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: The East Eight (8) feet of the West Thirty-Two (32) feet of the South One Hundred Forty-Six and Nine Tenths (146.9) feet, and the North Sixteen (16) feet of the South One Hundred Forty-Six and Nine Tenths (146.9) feet of the West Twenty-Four (24) feet of said tract of land and containing a calculated area of One Thousand Five Hundred Sixty-Six and Eighty-Four Hundredths (1,566.84) square feet or Four Hundredths (0.04) acres more or less. $325.00 Total = $755.00 Grand Island Council Session - 2/28/2017 Page 190 / 259 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire such temporary easements from the listed property owners, on the above-described tracts of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 191 / 259 Grand Island Council Session - 2/28/2017 Page 192 / 259 Grand Island Council Session - 2/28/2017 Page 193 / 259 Grand Island Council Session - 2/28/2017 Page 194 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-17 #2017-61 - Approving State Bid Award for One (1) 2017 Ford Transit Van for the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 195 / 259 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:February 28, 2017 Subject:Approving State Bid Award for One (1) 2017 Ford Transit Van for the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Wastewater Division of the Public Works Department budgeted for a sampling/flow monitoring van to improve oversight on the sanitary sewer collection system and Wastewater Treatment Plant to comply with environmental regulations and safeguard the City. This is a new vehicle of a type not previously owned by the Wastewater Division. Funds are available in the approved FY 2016/2017 budget for this purchase. Discussion The vehicle specifications awarded under State of Nebraska Contract #14637 OC for a 2017 Ford Transit Van meet all of the requirements for the Wastewater Division vehicle. Anderson Auto Group of Lincoln, Nebraska submitted a bid with no exceptions in the amount of $39,095.00. There are sufficient funds for this purchase in Account No. 53030054-85625. The proposed Sampling/Flow Monitoring Van has a crane to lower a sampler or a flow meter into place in the sanitary sewer collection system manholes. The amount of Hydrogen Sulfide, which is known to decrease the life of the collection pipe, has been reduced in the sanitary sewer collection system; however there is more to be removed. Staff is also aware that some customers are discharging excessive amounts of suspended solids and/or grease, and the flow meter information will aid in pinpointing the source of I & I (Infiltration and Inflow). Such information would be used to determine locations for sanitary sewer collection system rehabilitation. Examples of sampling/flow monitoring activities are: Monitor existing Pre-Treatment (8 Existing) Monitor potential Pre-Treatment Customers Chloride Sampling for NPDES Permit Compliance FOG (Fats, Oil and Grease) Program Grand Island Council Session - 2/28/2017 Page 196 / 259 Hydrogen Sulfide – H2S Monitoring Flow Monitoring – Reduce I & I (Infiltration and Inflow) 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 State Bid Award to Anderson Auto Group of Lincoln, Nebraska in the amount of $39,095.00 for one (1) 2017 Ford Transit Van for the Wastewater Division of the Public Works Department. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/28/2017 Page 197 / 259 Grand Island Council Session - 2/28/2017 Page 198 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-61 WHEREAS, the Wastewater Division of the Public Works Department for the City of Grand Island, budgeted for a vehicle in the 2016/2017 fiscal year; and WHEREAS, said vehicle, a 2017 Ford Transit Van, can be obtained from the State Contract holder; and WHEREAS, purchasing the vehicle from the State Contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicle is provided in the 2016/2017 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a 2017 Ford Transit Van in the amount of $39,095.00 from the State Contract holder, Anderson Auto Group of Lincoln, Nebraska, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 199 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-18 #2017-62 - Approving Purchase of a VacAll AllJetVac for the Wastewater Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 200 / 259 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:February 28, 2017 Subject:Approving Purchase of a VacAll AllJetVac for the Wastewater Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Wastewater Division of the Public Works Department budgeted for a VacAll AllJetVac to replace the current 1995 flusher truck and 1993 sewer vac (both will be disposed of when the new unit arrives). The single unit will be more efficient than the current two. Funds are available in the approved FY 2016/2017 budget for this purchase. Discussion This new unit has a lifetime guarantee on the water tank, debris body, and air separator, and is anticipated to be kept in our fleet for a number of years. The pumps are similar to others currently in use, making it more cost efficient to repair and maintain. The placement of the water pump is a key issue as well, which makes it easier for the City garage to perform maintenance on this piece of equipment. To meet competitive bidding requirements, the Wastewater Division obtained contract pricing from the National Joint Powers Alliance Buying Group (NJPA) through Contract #022014-GRD issued to Gradall Industries, Inc. of New Philadelphia, Ohio. Such piece of equipment, with no exceptions, has a total net price of $384,330.56. There are sufficient funds for this purchase in Account No. 53030054-85625. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 2/28/2017 Page 201 / 259 Recommendation City Administration recommends that the Council approve the purchase of a VacAll AllJetVac from Gradall Industries, Inc. of New Philadelphia, Ohio in the amount of $384,330.56 for the Wastewater Division of the Public Works Department. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/28/2017 Page 202 / 259 Grand Island Council Session - 2/28/2017 Page 203 / 259 VACALL.COM • (800) 382-8302 | 2 Both governments and contractors face the need to extract all of the value and service they possibly can from tight budgets. And that’s where Vacall stands apart – and above – all other brands of combination sewer cleaners. Because Vacall understands the industry, with over 40 years’ experience. And we continually listen to our customers, designing newer and better machines that deliver a higher level of cost-effective vacuum and jetting performance. At the same time, we always strive to make our AllJetVac models easier to operate, simpler to maintain and fully able to withstand many years of hard use. Vacall AllJetVac combination jet/vac models introduce a new era of sewer cleaner technology. Designed, built and supported by Gradall Industries – known worldwide for uniquely versatile hydraulic excavators – today’s Vacall AllJetVac models have more jetting power and more vacuum power. They are easier to operate and they present an exclusive collection of “green” advantages that save both money and the environment. Manufactured in America to the highest American quality standards, Vacall AllJetVac machines are built for hard work and long machine life. AllJetVac models are all-business machines that governments and contractors can count on to efficiently and cost-effectively clear and maintain sewer lines on an emergency basis or on routine schedules. Delivering the industry’s best ROI every single day. Setting new value and performance standards in sewer line maintenance Standard advantages set AllJetVac models apart from brands that like to charge extra • CAN bus smart controls ... our AllSmartFlow™ system is the industry’s most advanced • Lifetime warranty on optional galvanized debris bodies • Lifetime warranty on aluminum water tanks • A simplified operational system that’s easy to learn, easy to use • Single-engine design that saves money, service time and emissions • A choice of front or rear mounted hose reels • The industry’s most powerful blend of jetting and vacuum forces No other jet/vac sewer cleaner can match this collection of no-extra-cost advantages Grand Island Council Session - 2/28/2017 Page 204 / 259 VACALL.COM • (800) 382-8302 | 4 WATER TANKS HAVE LIFETIME WARRANTIES Fabricated with high quality aluminum for extra strength, water tanks have interior baffles and are mounted above the rear fenders to avoid damage from road debris. The tank position also creates a positive head pressure to the water pump inlet. ALLSMARTFLOW™ INTELLIGENT CONTROLS ARE STANDARD CAN bus smart controls – the AllSmartFlow system – is standard on AllJetVac models and protected by a cabinet to avoid damage common to other models’ levers and joysticks. A programmable color LCD display monitors engine performance, water flow and vacuum functions. Using a wired or wireless pendant, proportional controls allow the operator to command machine functions from an optimum vantage point. POWER MODULE OPTIONS MATCH CUSTOMER NEEDS AllJetVac models are available with a range of power module packages. Positive displacement blowers range from 16 inches to 27 inches hg of vacuum power. Jetting systems complement the cleaning power with capacity ranges from 50 to 120 gpm and pressures to 3000 psi. CYCLONE SEPARATOR COLLECTS DEBRIS Dust and mist-laden material is spun out in the cyclone separator and collected in a drop box below. Cleanout doors are located above and below the cyclone. OPTIONAL LIFETIME WARRANTIES ASSURE DEBRIS TANK DURABILITY AllJetVac debris tanks are available with an optional galvanized finish that includes a lifetime warranty. A powder coat finish — standard on the outside and optional on the inside — helps tanks maintain a good, durable finish for many years. Tanks are oval-shaped with cylindrical sides, top and bottom, minimizing load shifting that is a problem with round tanks. Tanks also are mounted low to create a lower center of gravity. An optional flush system can be used to clean the entire interior of the tank without hand-spraying. HOSE REEL ROTATES INTO POSITION An axial pivoting hose reel is easily fixed into multiple positions for efficient operation. The unique, heavy-duty direct reel drive system consists of a rugged planetary gear box, driven by a hydraulic motor that incorporates a cross- port relief valve to cushion the system. With a dual latching system, there are no pin alignment problems common to other machines. Models are available with the operator station at the front or rear of the chassis. Popular options include auto level wind, Lexan® shields and hose tensioner. TELESCOPING BOOM PUTS VACUUM FORCES WHERE THEY’RE NEEDED The standard AllJetVac boom telescopes, lifts and swings with proportional controls, putting the vacuum power exactly where you need it. An 8-inch tube moves debris efficiently from nozzle to debris tank. HIGHLY EFFICIENT FILTRATION SYSTEM The unique Vacall multi-stage vacuum filtration system has a simplified design to reduce maintenance, extend performance and increase working life. At the rear of the debris body, material is separated by a deflector plate. Remaining material particles and moisture are removed by a cyclone separator. The filtered air then passes through the blower, the silencer and the exhaust. HIGH PRESSURE PUMP The plunger-style triplex pump delivers a smooth, continuous flow of water without the need for an accumulator. The pump is capable of flows from 50 to 120 gpm and features run-dry prevention technology. ...DESIGNED INTO EVERY DETAIL OPERATING PERFORMANCE ANDEFFICIENCY... Grand Island Council Session - 2/28/2017 Page 205 / 259 VACALL.COM • (800) 382-8302 | 5 Help yourself, help the environment Vacall has the exclusive “Green That Works” package of advantages — features that save money, time and the environment. KEEP IT QUIET Face it … operating one engine is quieter than operating two. It’s a true sustainability advantage that includes: • A single, fuel-efficient engine • Optional water recycling that saves water and refill trips • Lifetime warranties on aluminum water tanks • The industry’s smartest smart controls, conserving water and reducing refill trips • Hydro excavation package • Wireless pendant controls The AllSmartFlow system helps operators improve their working efficiency with more precise adjustments and boom movements utilizing proportional controls. A high-visibility programmable LCD display provides detailed information about engine performance, water flow and vacuum functions. In addition, the system has a fully proportional pendant – either wired or using wireless capability – designed for productive control while operators position themselves for safer, more productive machine views. Over the road and around the job site, a full enclosure protects the AllSmartFlow control panel, eliminating the chance of damage to joysticks and levers. SINGLE-ENGINE DESIGN ADVANTAGES SAVE ON FUEL Protect yourself from rising prices by needing fuel for one engine instead of two. REDUCE EMISSIONS Using one engine instead of two dramatically slashes harmful emissions. AVOID DOUBLE DOWNTIME With just one engine, you spend half the service time on oil and filter changes or other routine maintenance procedures. LOWER PARTS INVENTORY A single engine means there’s no need to inventory special fuel and air filters or other routine service parts for a second engine. SAVE CHASSIS SPACE Configure water tanks, debris tanks and other features without reserving extra space for a second engine. LESS WEIGHT Without the weight of a second engine, you can easily add tanks and accessories to increase your productivity. Secure, functional tailgate system. A simple, rugged tailgate design lets the operator use a single control and cylinder to open, close and lock the tailgate. Reverse slope lock wedges actually tighten under the weight of the load, and a D-ring gasket and shimmed hinge points create a superior, secure seal. A standard advantage is a two-port design with a cover plate. Popular options include a sludge pump to remove material and a decant line to the front bumper. SECURE, FUNCTIONAL TAILGATE SYSTEM Debris and waste water undergo an initial sediment separation. Floating V-Filtration screen, with back-flush self cleaning capability, filters the water. High-speed centrifugal action removes remaining solids. Fine filter screen eliminates tiny particles down to 100 microns. Solids and fine particles returned to debris tank via pressure regulating valve system. Recouped waste water, up to 65% from vacuumed material, returned to the water tanks for reuse. HOW IT WORKS 1 2 3 4 5 1 2 3 45 High efficiency standard with smart controls Grand Island Council Session - 2/28/2017 Page 206 / 259 Form No. 11624 5/16Printed in USA Certified ISO 9001 Designs, materials and specifications are subject to undergo constant improvement and are subject to change without notice and without incurring any liability on units already sold. Some machine photos may show options. Gradall Industries, Inc. • 406 Mill Ave. SW, New Philadelphia, OH 44663 Phone 330-339-2211 • Toll-free 800-382-8302 • Fax 330-339-8468 • www.vacall.com CHOOSE THE MODEL AND FEATURES YOU WANT R Series The hose and reel assembly is located at the rear on the AllJetVac R Series models, accommodating an operator preference for a quieter operation. Industry-leading vacuum and jetting forces clean and maintain sewer lines using a positive displacement blower design, efficiently controlled with the standard AllSmartFlow CAN bus system. Debris tank capacities range from 6 to 12 cubic yards while water tanks can have 1,000, 1,200 or 1,500-gallon capacities. The 8-foot, 6-inch extending boom is capable of a 270-degree rotation. P Series AllJetVac P Series combination sewer cleaner models use a positive displacement blower system that sets the industry standard for high performance and reliability. A pivoting hose and reel are mounted in the conventional location – at the front of the unit – where operators efficiently operate the vacuum and jetting forces to open clogged sewer lines and remove debris. Debris tank capacities range from six to 12 cubic yards while water tanks can have 1,000, 1,200 or 1,500-gallon capacities. The 8-foot, 6-inch extending boom is capable of a 180-degree rotation. High Dump AJV Equipped with an optional high dump system, these AllJetVac models allow the operator to raise the debris tank as much as 76 inches above ground level, and then shift it 21 inches to the back. Hydraulically operated, the high dump system enables an operator to dump material into dewatering or rolloff containers, helping to avoid spills or the need for dangerous ramps. All Vacall machines are produced by Gradall Industries, Inc., with processes that meet ISO 9001-2008 standards. Located in New Philadelphia, Ohio, the Gradall manufacturing facilities encompass some 450,000 square feet with state-of-the-art features including robotic welding and powder-coat painting equipment. Before shipment, every Vacall machine undergoes rigorous testing to assure excellent machine quality and a long, reliable working life. Built to last by Gradall Grand Island Council Session - 2/28/2017 Page 207 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-62 WHEREAS, the National Joint Powers Alliance Buying Group (NJPA) was utilized to secure competitive bids for one (1) New VacAll AllJetVac for Wastewater Division of the Public Works Department; and WHEREAS, the NJPA Contract #022014-GRD was awarded to Gradall Industries, Inc. of New Philadelphia, Ohio; and WHEREAS, the Public Works Department has recommended the purchase of a VacAll AllJetVac from Gradall Industries, Inc. for a purchase price of $384,330.56; and WHEREAS, the funding for such vehicle is provided in the 2016/2017 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of a VacAll AllJetVac from Gradall Industries, Inc. of New Philadelphia, Ohio in the amount of $384,330.56 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 208 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-19 #2017-63 - Approving Assignment of License Agreement for Summerfield Estates Subdivision Homeowners’ Association Staff Contact: Jerry Janulewicz Grand Island Council Session - 2/28/2017 Page 209 / 259 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:February 28, 2017 Subject:Assignment of License Agreement Presenter(s): Jerry Janulewicz, City Attorney Background Little B’s Corporation, as the developer of Summerfield Estates First Subdivision, Summerfield Estates Eighth Subdivision, and Summerfield Estates Fourth Subdivision, entered into license agreements with the City of Grand Island, permitting the placement and maintenance of subdivision entrance signs in the public right-of-way. Little B’s Corporation wishes to transfer the signs and assign the license agreements to the respective homeowners associations: Summerfield Estates Subdivision Homeowners’ Association; Eighth Subdivision of Summerfield Estates Homeowners’ Association; and North Road/Grouse Boulevard HOA of Summerfield Estates. Discussion The City permitted the erection and maintenance of signs in the public right of way at the entrances into Summerfield Estates First Subdivision, Summerfield Estates Eighth Subdivision, and Summerfield Estates Fourth Subdivision. Little B’s Corp., the licensee, desires to transfer the signs and assign its rights and duties under the license agreements to each respective homeowners’ association. If the City consents to the assignments/bills of sale, the homeowners associations will own and be responsible for maintenance and repair of the signs. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolutions consenting to assignment of the license agreements. 2.Disapprove or /Deny the resolutions. 3.Modify the resolutions to meet the needs of the City Council. 4.Table the issue. Grand Island Council Session - 2/28/2017 Page 210 / 259 Recommendation City Administration recommends that the Council approve the resolutions. Sample Motions 1.Approve the resolution consenting to the assignment of the license agreement/bill of sale by Little B’s Corp. to Summerfield Estates Subdivision Homeowners’ Association (License Agreement pertaining to Outlot A, Summerfield Estates First Subdivision). 2.Approve the resolution consenting to the assignment of the license agreement/bill of sale by Little B’s Corp. to Eighth Subdivision of Summerfield Estates Homeowners’ Association (License Agreement pertaining to Lot 1, Block 3, Summerfield Estates Eighth Subdivision). 3.Approve the resolution consenting to the assignment of the license agreement/bill of sale by Little B’s Corp. to North Road/Grouse Boulevard HOA of Summerfield Estates (License Agreement pertaining to Lot 6, Block 1, Summerfield Estates Fourth Subdivision). Grand Island Council Session - 2/28/2017 Page 211 / 259 Grand Island Council Session - 2/28/2017 Page 212 / 259 Grand Island Council Session - 2/28/2017 Page 213 / 259 Grand Island Council Session - 2/28/2017 Page 214 / 259 Grand Island Council Session - 2/28/2017 Page 215 / 259 Grand Island Council Session - 2/28/2017 Page 216 / 259 Grand Island Council Session - 2/28/2017 Page 217 / 259 Grand Island Council Session - 2/28/2017 Page 218 / 259 Grand Island Council Session - 2/28/2017 Page 219 / 259 Grand Island Council Session - 2/28/2017 Page 220 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-63 WHEREAS, through a license agreement, the City of Grand Island permitted Little B’s Corp. to construct and maintain a subdivision entrance sign upon the public right of way; and WHEREAS, Little B’s Corp. desires to transfer the sign and assign to the following homeowners association its rights and duties under the license agreement with the City of Grand Island, and is requesting City’s consent to the assignment and bill of sale. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby consents to the assignment of the license agreement/bill of sale by Little B’s Corp. to Summerfield Estates Subdivision Homeowners’ Association (License Agreement pertaining to Outlot A, Summerfield Estates First Subdivision). - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 221 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-20 #2017-64 - Approving Assignment of License Agreement for Eight Subdivision of Summerfield Estates Homeowners’ Association This item relates to the aforementioned Consent Agenda item G-19. Staff Contact: Jerry Janulewicz Grand Island Council Session - 2/28/2017 Page 222 / 259 Grand Island Council Session - 2/28/2017 Page 223 / 259 Grand Island Council Session - 2/28/2017 Page 224 / 259 Grand Island Council Session - 2/28/2017 Page 225 / 259 Grand Island Council Session - 2/28/2017 Page 226 / 259 Grand Island Council Session - 2/28/2017 Page 227 / 259 Grand Island Council Session - 2/28/2017 Page 228 / 259 Grand Island Council Session - 2/28/2017 Page 229 / 259 Grand Island Council Session - 2/28/2017 Page 230 / 259 Grand Island Council Session - 2/28/2017 Page 231 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-64 WHEREAS, through a license agreement, the City of Grand Island permitted Little B’s Corp. to construct and maintain a subdivision entrance sign upon the public right of way; and WHEREAS, Little B’s Corp. desires to transfer the sign and assign to the following homeowners association its rights and duties under the license agreement with the City of Grand Island, and is requesting City’s consent to the assignment and bill of sale. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby consents to the assignment of the license agreement/bill of sale by Little B’s Corp. to Eighth Subdivision of Summerfield Estates Homeowners’ Association (License Agreement pertaining to Lot 1, Block 3, Summerfield Estates Eighth Subdivision). - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 232 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item G-21 #2017-65 - Approving Assignment of License Agreement for North Road/Grouse Boulevard HOA of Summerfield Estates This item relates to the aforementioned Consent Agenda item G-19. Staff Contact: Jerry Janulewicz Grand Island Council Session - 2/28/2017 Page 233 / 259 Grand Island Council Session - 2/28/2017 Page 234 / 259 Grand Island Council Session - 2/28/2017 Page 235 / 259 Grand Island Council Session - 2/28/2017 Page 236 / 259 Grand Island Council Session - 2/28/2017 Page 237 / 259 Grand Island Council Session - 2/28/2017 Page 238 / 259 Grand Island Council Session - 2/28/2017 Page 239 / 259 Grand Island Council Session - 2/28/2017 Page 240 / 259 Grand Island Council Session - 2/28/2017 Page 241 / 259 Grand Island Council Session - 2/28/2017 Page 242 / 259 Grand Island Council Session - 2/28/2017 Page 243 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-65 WHEREAS, through a license agreement, the City of Grand Island permitted Little B’s Corp. to construct and maintain a subdivision entrance sign upon the public right of way; and WHEREAS, Little B’s Corp. desires to transfer the sign and assign to the following homeowners association its rights and duties under the license agreement with the City of Grand Island, and is requesting City’s consent to the assignment and bill of sale. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby consents to the assignment of the license agreement/bill of sale by Little B’s Corp. to Lot 6, Block 1, Summerfield Estates Fourth Subdivision). - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 244 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item I-1 #2017-66 - Consideration of Approving Parking Restrictions on Custer Avenue at the North Front Street Intersection Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 2/28/2017 Page 245 / 259 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:February 28, 2017 Subject:Approving Parking Restrictions on Custer Avenue at the North Front Street Intersection Presenter(s):John Collins PE, Public Works Director Background Council action is required to designate parking restrictions on any public street. A safety concern was brought to the Public Works Engineering staff by a concerned citizen to place parking restrictions on both the east and west sides of Custer Avenue, both north and south from the North Front Street intersection, as shown on the attached sketch. Discussion The Public Works Department reviewed the request for this area and concurs with placing parking restrictions on both the east and west sides of Custer Avenue for 150’ feet north and south from the North Front Street intersection. These parking restrictions will allow for improved sight visibility when traveling east and west on North Front Street through the Custer Avenue intersection. 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 resolution placing parking restrictions on the north and south sides of the Custer Avenue and North Front Street intersection. Sample Motion Move to approve the resolution. Grand Island Council Session - 2/28/2017 Page 246 / 259 Grand Island Council Session - 2/28/2017 Page 247 / 259 North Front & Custer, Westbound North Front St North Front St Custer Ave Custer Ave Grand Island Council Session - 2/28/2017 Page 248 / 259 North Front & Custer, Eastbound North Front St North Front St Custer Ave Custer Ave Grand Island Council Session - 2/28/2017 Page 249 / 259 Grand Island Council Session - 2/28/2017 Page 250 / 259 Grand Island Council Session - 2/28/2017 Page 251 / 259 Grand Island Council Session - 2/28/2017 Page 252 / 259 Grand Island Council Session - 2/28/2017 Page 253 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-66 WHEREAS, the City Council, by authority of §22-77 of the Grand Island City Code, may by resolution, entirely prohibit or fix a time limit for the parking and stopping of vehicles in or on any public street, public property, or portion thereof; and WHEREAS, to address a safety concern at the intersection of Custer Avenue and North Front Street, the Public Works Department is requesting to place parking restrictions for 150’ on the north and south sides of the Custer Avenue and North Front Street intersection, as noted on the attached sketch; and WHEREAS, it is recommended that such parking restrictions be approved. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.A No Parking restriction is hereby designated on the east and west sides of Custer Avenue for 150’ feet north and south of North Front Street. 2.The City’s Street Division of the Public Works Department shall erect and maintain the signs and pavement markings as necessary to effect the above regulation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 254 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item I-2 #2017-67 - Consideration of Authorizing Acquisition of Tax Certificates for Unpaid Real Estate Taxes, Part of Lot 5 and Part of Lot 6, Commercial Industrial Park Subdivision Staff Contact: Jerry Janulewicz Grand Island Council Session - 2/28/2017 Page 255 / 259 Council Agenda Memo From: Jerry Janulewicz, City Attorney Meeting:February 28, 2017 Subject:Authorize Purchase of Tax Sale Certificate Presenter(s): Jerry Janulewicz, City Attorney Background The City’s Problem Resolution Team in conjunction with the Public Works Department endeavored to obtain a deed to a detention cell located south of and adjacent to Nelson Furniture, west of Industrial Lane. The detention cell, which provides storm water detention for properties in the surrounding area, was created as a result of litigation between the City and A.C. Nelsen Enterprises, Inc. Title to the property, generally described as part of lot 5 and part of lot 6, Commercial and Industrial Subdivision, was conveyed in 1977 to C. Clifton Nelsen and C. Clifton Nelsen, Trustee for the Judith Lynne Nelsen Trust, for the Karen Ellen Nelsen Trust, and for the Andrew Clifton Nelsen Trust. C. Clifton Nelsen died in 2002. An attempt was made in 2016 to obtain a deed to the property from Mr. Nelsen’s son, but those efforts ceased when he was unable or unwilling to provide satisfactory documentation showing he had authority to convey good and clear title on behalf of the owners of record. In recent history, this property was sold at public tax sales but the purchasers of the certificates did not foreclose on the property, most likely due to the detention cell located thereon. It will again come on for tax sale on March 6, 2017 for taxes assessed in 2015 in the following amounts: Pt. of Lot 5 - $74.28; Pt. of Lot 6 – $56.06. It is recommended that city staff attempt to purchase the tax certificate as a means to obtain title via a tax deed, although the lien cannot be foreclosed until three years after issuance of the certificate. Discussion The detention cell has been a source of city concern for a number of years. At one time it was surrounded by a fence, which fell into disrepair. The property was essentially abandoned and was not maintained. On numerous occasions, mowing was completed through the city’s code enforcement program resulting in special assessment liens upon the property. Acquisition of a tax certificate would place the city in a position to protect its interests in the mowing assessment liens and provide a mechanism to obtain title to the property. Grand Island Council Session - 2/28/2017 Page 256 / 259 Disclosure of Prior Representation In 2005 or 2006 while in private practice, I was contacted by Mr. Andrew Nelsen, who was seeking to convey the detention cell to the city. On his behalf, I met with the city’s public works director to discuss the offer to give the property to the city. The offer was subsequently rejected by the city. Alternatives The Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the resolution authorizing purchase of the tax sale certificates on part of lot 5 and part of lot 6, Commercial and Industrial Subdivision. 2.Disapprove or /Deny the resolution. 3.Modify the resolution to meet the needs of the City Council. 4.Table the issue. Recommendation City Administration recommends that the Council approve the resolution. Sample Motions Move to approve the resolution authorizing purchase of the tax sale certificates on part of lot 5 and part of lot 6, Commercial and Industrial Subdivision. Grand Island Council Session - 2/28/2017 Page 257 / 259 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-67 WHEREAS, the City desires to acquire title to a private detention cell locate on part of lot 5 and part of lot 6, Commercial and Industrial Subdivision, Hall County, Nebraska; and WHEREAS, City has been unable to obtain good and clear title from the owners of record; and WHEREAS, the lien for 2015 general real estate taxes levied upon the property will be sold by the County Treasurer on March 6, 2017; and WHERAS, acquisition of the tax sale certificates on the property will provide a means to protect the city’s special assessment liens and provide a means whereby the City may ultimately obtain title to the property. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that city staff should be and are hereby authorized to purchase in the name of the City the tax sale certificates representing tax liens on part of lot 5 and part of lot 6, Commercial and Industrial Subdivision, Hall County, Nebraska. The purchase price shall not exceed the sum of the delinquent taxes, interest, and Treasurer’s fees. - - - Adopted by the City Council of the City of Grand Island, Nebraska, February 28, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 2/28/2017 Page 258 / 259 City of Grand Island Tuesday, February 28, 2017 Council Session Item J-1 Approving Payment of Claims for the Period of February 15, 2017 through February 28, 2017 The Claims for the period of February 15, 2017 through February 28, 2017 for a total amount of $5,213,644.60. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 2/28/2017 Page 259 / 259