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03-14-2017 City Council Regular Meeting Packet City of Grand Island Tuesday, March 14, 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 - 3/14/2017 Page 1 / 173 City of Grand Island Tuesday, March 14, 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 Caroline Price-Gibson, First Presbyterian Church, 2103 West Anna 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 - 3/14/2017 Page 2 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item C-1 Proclamation "Abbott Sisters Day" March 20, 2017 Celebrated annually since 2002, the goal of the Abbott Sister Project is to raise public awareness of the lives and achievements of Grand Island natives Edith and Grace Abbott, so that these important women may continue to influence policy on children’s and immigrants’ issues and so that their story may serve as an inspiration to future generations. Mayor Jensen has proclaimed March 20, 2017 as Abbott Sisters Day and encourages citizens to attend a special program at the Edith Abbott Memorial Library on March 19. See attached PROCLAMATION. Staff Contact: Steve Fosselman, Library Director Grand Island Council Session - 3/14/2017 Page 3 / 173 Grand Island Council Session - 3/14/2017 Page 4 / 173 Grand Island Council Session - 3/14/2017 Page 5 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item C-2 Presentation by Almquist, Maltzahn, Galloway, & Luth for Fiscal Year Ended 9-30-16 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports Terry Galloway from Almquist, Maltzahn, Galloway, & Luth will present the fiscal year ended 9-30-16 City Single Audit and General Purpose Financial Statements and Electric and Water Audit Reports Staff Contact: Renae Griffiths Grand Island Council Session - 3/14/2017 Page 6 / 173 City of Grand Island Financial statements and supplementary information Almquist, Maltzahn, Galloway & Luth, P.C. Grand Island Council Session - 3/14/2017 Page 7 / 173 Independent Auditor’s Report Opinions: Audit Report Page 4 In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, the aggregate remaining fund information, and the fiduciary funds of the City of Grand Island, Nebraska, as of September 30, 2016, and the respective changes in financial position and cash flows, where applicable, thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Grand Island Council Session - 3/14/2017 Page 8 / 173 Outstanding Debt The City of Grand Island’s total debt increased by $6,254,209 (5.9 percent) during the current fiscal year due primarily to the issuance of $14,548,823 of Sewer DEQ notes. Audit Report Page 16 City of Grand Island's Outstanding Debt Year Ended September 30, 2016 Year Ended September 30, 2015 Governmental Business-type Governmental Business-type Activities Activities Total Activities Activities Total General Obligation Bonds  $      2,816,000  $                   -    $      2,816,000  $      4,570,000  $                   -    $       4,570,000  Revenue Bonds                       -        104,713,961      104,713,961                       -           94,220,138         94,220,138  Capital Lease          4,437,766                       -            4,437,766          6,923,380                       -             6,923,380  Total  $      7,253,766  $  104,713,961  $  111,967,727  $    11,493,380  $     94,220,138  $   105,713,518  Grand Island Council Session - 3/14/2017 Page 9 / 173 Statement of Net Position Audit Report Page 19 CITY OF GRAND ISLAND, NEBRASKA STATEMENT OF NET POSITION September 30, 2016 Primary Government Governmental Business-type Activities Activities Total NET POSITION Net investment in capital assets         337,137,050        223,925,828          561,062,878  Restricted for: Debt service                285,172            8,841,721              9,126,893  Landfill closure/post-closure costs                          -              4,366,895              4,366,895  Perpetual care - permanent                719,187                         -                   719,187  Street improvements             2,171,239                         -                2,171,239  Capital projects             1,703,440                         -                1,703,440  Economic development             1,417,015                         -                1,417,015  Other purposes             2,456,595                         -                2,456,595  Unrestricted           20,683,010          79,251,392            99,934,402  Total net position  $     366,572,708  $    316,385,836  $      682,958,544  Grand Island Council Session - 3/14/2017 Page 10 / 173 Statement of Net Position – Fiduciary Funds Audit Report Page 29 CITY OF GRAND ISLAND, NEBRASKA STATEMENT OF NET POSITION - FIDUCIARY FUNDS September 30, 2016 Employee Reserve Fund ASSETS Cash  $        81,546  Investments       4,068,051  Special assessments receivable                    -    Total assets       4,149,597  LIABILITIES Agency liabilities                    -    Pension liability       2,031,549  Total liabilities       2,031,549  NET POSITION Held in trust for pension benefits  $   2,118,048  Grand Island Council Session - 3/14/2017 Page 11 / 173 Budgetary Comparison Schedule – General Fund Audit Report Page 89 CITY OF GRAND ISLAND, NEBRASKA BUDGETARY COMPARISON SCHEDULE - GENERAL FUND Year ended September 30, 2016 Variances - Budget Actual Over  (Original and (Under) Final Final)Actual Budget RESOURCES (INFLOWS) Total resources 40,338,568 41,833,236 1,494,668 CHARGES TO APPROPRIATIONS (OUTFLOWS) Total general government 4,813,006 4,391,280  (421,726) Total public safety 22,662,606 22,389,561  (273,045) Grand Island Council Session - 3/14/2017 Page 12 / 173 Budgetary Comparison Schedule – General Fund, Continued Audit Report Page 90 Variances - Budget Actual Over  (Original and (Under) Final Final)Actual Budget CHARGES TO APPROPRIATIONS (OUTFLOWS), continued Total public works             8,655,812         7,857,480        (798,332) Total environment and leisure             6,471,621   6,311,156          (160,465)       Non-departmental      3,175,891           3,815,839            639,948  Total charges to appropriations          45,778,936      44,765,316       (1,013,620) CITY OF GRAND ISLAND, NEBRASKA BUDGETARY COMPARISON SCHEDULE - GENERAL FUND Year ended September 30, 2016 Grand Island Council Session - 3/14/2017 Page 13 / 173 Budgetary Comparison Schedule – General Fund, Continued Audit Report Page 90 CITY OF GRAND ISLAND, NEBRASKA BUDGETARY COMPARISON SCHEDULE - GENERAL FUND Year ended September 30, 2016 Variances - Budget Actual Over  (Original and (Under) Final Final)Actual Budget CHARGES TO APPROPRIATIONS (OUTFLOWS), continued OTHER FINANCING SOURCES (USES)        Net transfers           2,925,000            1,232,094       (1,692,906) RESOURCES AND OTHER FINANCING SOURCES (USES) OVER (UNDER) CHARGES TO APPROPRIATIONS  $      (2,515,368) $    (1,699,986)  $    815,382  Grand Island Council Session - 3/14/2017 Page 14 / 173 Budgetary Comparison Schedule – Capital Projects Fund Audit Report Page 91 CITY OF GRAND ISLAND, NEBRASKA BUDGETARY COMPARISON SCHEDULE - CAPITAL PROJECTS FUND Year ended September 30, 2016 Variances - Budget Actual Over  (Original and (Under) Final Final)Actual Budget RESOURCES (INFLOWS) Intergovernmental  $            2,109,713  $        1,019,804  $      (1,089,909) Other revenue                            -                     7,307                   7,307  Total resources                2,109,713            1,027,111          (1,082,602) CHARGES TO APPROPRIATIONS (OUTFLOWS) Total charges to appropriations                9,370,536            2,526,989          (6,843,547) Resources over (under) charges to    appropriations              (7,260,823)         (1,499,878)           5,760,945  OTHER FINANCING SOURCES (USES) Transfers in                8,320,000            3,450,002          (4,869,998) RESOURCES AND OTHER FINANCING SOURCES (USES) OVER (UNDER) CHARGES TO APPROPRIATIONS  $            1,059,177  $        1,950,124  $           890,947  Grand Island Council Session - 3/14/2017 Page 15 / 173 Budgetary Comparison Schedule – Debt Service Fund CITY OF GRAND ISLAND, NEBRASKA BUDGETARY COMPARISON SCHEDULE - DEBT SERVICE FUND Year ended September 30, 2016 Variances - Budget Actual Over  (Original and (Under) Final Final)Actual Budget RESOURCES (INFLOWS) Total resources 4,222,882 2,038,795 (2,184,087) CHARGES TO APPROPRIATIONS (OUTFLOWS) Total charges to appropriations 3,322,935 3,068,761 (254,174) Resources over (under) charges to    appropriations   899,947 (1,029,966)(1,929,913) OTHER FINANCING SOURCES (USES) Net transfers   (879,000)1,013,291 1,892,291 RESOURCES AND OTHER FINANCING SOURCES (USES) OVER (UNDER) CHARGES TO APPROPRIATIONS $           20,947 $       (16,675)$       (37,622)Audit Report Page 92 Grand Island Council Session - 3/14/2017 Page 16 / 173 City of Grand Island September 30, 2016   Audit Report Reference Peer Group  2016  2015  2014  2013  2012 1)Unrestricted Net Position/Total Net Position      Government Wide Page 19 20%14.63%13.63%13.55%12.18%12.63%      Governmental Activities Page 19 20%5.64%6.34%6.02%5.52%5.12%      Business-Type Activities Page 19 25%25.05%22.05%22.27%20.02%21.59% Grand Island Council Session - 3/14/2017 Page 17 / 173 City of Grand Island September 30, 2016   Audit Report Reference Peer Group  2016  2015  2014  2013  2012 2)Top 5 Sources of Revenues - Governmental Activities      Sales Tax Page 10 $325 per Capita  $  337  $  334  $  325  $  311  $  300       Property Taxes $225 per Capita      185      178      172      168      161       Grants and Contributions $125 per Capita      227      134      190      135      131       State Allocation $100 per Capita      116      112      112        99        89       Charges for Services $210 per Capita      215      211      196      191      181  Grand Island Council Session - 3/14/2017 Page 18 / 173 City of Grand Island September 30, 2016  Peer Group  2016  2015  2014  2013  2012 3)State Allocations      Highway Allocation $95 Per Capita  $    96  $    95  $    93  $    85  $    81       Municipal Equalization $10 Per Capita        12          9        12          7          1  Grand Island Council Session - 3/14/2017 Page 19 / 173 City of Grand Island September 30, 2016   Audit Report Reference Peer Group  2016  2015  2014  2013  2012 4)Governmental Expenses      General Government Page 89/90 $125 Per Capita  $    90  $    91  $    87  $    80  $    75       Public Safety $420 Per Capita      460      411      401      368      347       Public Works $200 Per Capita      162      123      132      125      116       Environment and leisure $145 Per Capita      130      120      119      107      107  Grand Island Council Session - 3/14/2017 Page 20 / 173 City of Grand Island September 30, 2016 Audit Report  Reference Peer Group 2016 2015 2014 2013 2012 5)Outstanding GA Debt/Valuation Page 15 < 3%-Excellent 0.26%0.43%0.60%0.65%0.76% Grand Island Council Session - 3/14/2017 Page 21 / 173 City of Grand Island September 30, 2016 Audit Report  Reference Peer Group 2016 2015 2014 2013 2012 6)Unassigned Fund Balance/General Fund Expenditures Page 21/23 25%25.12%27.81%32.22%27.95%30.69% Grand Island Council Session - 3/14/2017 Page 22 / 173 City of Grand Island September 30, 2016 Audit Report  Reference Peer Group 2016 2015 2014 2013 2012 7)Months Expense in  Street Cash Reserve Pages 107 & 109                    12.0                       3.9                       1.5                       6.1                       7.4                       9.2  Grand Island Council Session - 3/14/2017 Page 23 / 173 Budget Book 2016-17 Page 12 City of Grand Island Summary of Property Tax Levy FY2017 FY2016 FY2015 FY2014 FY2013 FY2012 8)Total Valuation 2,933,977,196 2,831,663,760 2,658,635,505 2,574,553,789 2,517,067,460 2,459,250,522 City of Grand Island Levy General Fund 0.249200 0.253456 0.256297 0.231089 0.232663 0.228009 Debt Service 0.024900 0.028817 0.027525 0.047867 0.048667 0.052351 Interlocal Agreements 0.050000 0.041827 0.040278 0.045144 0.042770 0.043740 Total City of Grand Island Levy 0.324100 0.324100 0.324100 0.324100 0.324100 0.324100        Community Redevelopment Authority Levy Requested Levy 0.019283 0.019006 0.018495 0.018426 0.017742 0.017742 Lincoln Pool Levy 0.006717 0.006994 0.007505 0.007574 0.008258 0.008258        0.026000 0.026000 0.026000 0.026000 0.026000 0.026000 Grand Island Council Session - 3/14/2017 Page 24 / 173 City of Grand Island September 30, 2016 Audit Report  Reference Peer Group 2016 2015 2014 2013 2012 9)Net Depreciable Capital Assets/Original Cost      Governmental Activities Page 57  > 50% 53.60%56.21%58.72%61.19%62.33% (Construction in progress = $21,373,562)      Business-type Activities Page 59  > 50% 46.13%40.95%41.47%42.93%43.47% (Construction in progress = $68,682,600) Grand Island Council Session - 3/14/2017 Page 25 / 173 City of Grand Island September 30, 2016 Audit Report  Reference Peer Group 2016 2015 2014 2013 2012 10)Operating Income/Total Operating Revenue      Electric Fund Page 26 15.00%12.63%16.76%19.08%19.77%21.58%      Water Fund 15.00%13.96%8.16%12.89%47.72%47.49%      Sewer Fund 15.00%27.06%28.05%20.00%8.42%10.75%      Landfill Fund 15.00%6.46%10.99%11.84%3.25%41.00%      Golf Fund 5.00%-26.00%-18.81%-4.75%-3.00%9.80% Grand Island Council Session - 3/14/2017 Page 26 / 173 City of Grand Island September 30, 2016 Audit Report  Reference Peer Group 2016 2015 2014 2013 2012 11)Debt Service Coverage Ratio      Electric Pages 26-27                    1.5 0                      1.8 7                      3.2 9                      2.2 1                      2.6 8                      2.7 0       Water                    1.5 0                      6.1 9                      4.8 0                      5.4 6                    16.5 3                    14.0 5       Sewer                    1.5 0                      6.6 3                      2.9 4                      3.4 7                      1.1 2                      2.0 9  Grand Island Council Session - 3/14/2017 Page 27 / 173 City of Grand Island September 30, 2016 Audit Report  Reference Peer Group 2016 2015 2014 2013 2012 12)Cash, Investments & Treasurer Cash Actual Actual Actual Actual Actual      General Fund (Unassigned):Page 21/23/57           Operating         11,060,000            Replacement                         -       (Budgetary stabilization = $1,666,308)        11,060,000          11,110,101          11,382,657          12,729,404          10,830,933            10,679,717       Business-type Activities (Excluding Page 25/26/59         Depreciation/Amortization)           Operating         14,715,000            Replacement         21,420,000            Restricted         17,095,000               53,230,000          81,273,879          78,322,363          89,895,987          86,792,083          56,073,069  Grand Island Council Session - 3/14/2017 Page 28 / 173 QUESTIONS Grand Island Council Session - 3/14/2017 Page 29 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-1 Approving Minutes of February 28, 2017 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 3/14/2017 Page 30 / 173 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING February 28, 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 28, 2017. Notice of the meeting was given in The Grand Island Independent on February 22, 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, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Assistant Finance Director William Clingman, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Cynthia Serrano. INVOCATION was given by Pastor Bill Schroeder, Messiah Lutheran Church, 708 North Locust Street followed by the PLEDGE OF ALLEGIANCE. PUBLIC HEARINGS: Public Hearing on Request from Hy-Vee, Inc. dba Hy-Vee Restaurant, 115 Wilmar Avenue for a Class “I” Liquor License. City Clerk RaNae Edwards reported that an application for a Class “I” Liquor License had been received from Hy-Vee, Inc. dba Hy-Vee Restaurant, 115 Wilmar Avenue. Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor Control Commission and received by the City on February 6, 2017; notice to the general public of date, time, and place of hearing published on February 18, 2017; notice to the applicant of date, time, and place of hearing mailed on February 7, 2017; along with Chapter 4 of the City Code. Staff recommended approval contingent upon final inspections. Brent Grummert, 3718 Summerfield spoke in support. No further public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 3010 N. North Road (Gateways Prairie Property Management LLC). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 3010 N. North Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would 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. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement located at 2121 N. Broadwell Avenue (Nick Jamson Enterprises, Inc.). Utilities Director Tim Luchsinger reported that acquisition of a utility easement located at 2121 N. Broadwell Avenue was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. This easement would provide the Utility Department with rights to access, maintenance, safety and Grand Island Council Session - 3/14/2017 Page 31 / 173 Page 2, City Council Regular Meeting, February 28, 2017 security to the high voltage power lines, transformers and equipment serving the Dollar General Building. Staff recommended approval. No public testimony was heard. 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.). Public Works Director John Collins reported that public utility easements were needed to accommodate the extension of sanitary sewer to serve an area on the east side of North Webb Road between 13th Street and Dixie Square. The easements would allow for the construction, operation, maintenance, extension, repair, replacement, and removal of sanitary sewer within the easements. Staff recommended approval. No 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: #9626 - Consideration of Issuance of Water Revenue Bonds be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of this ordinance on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Stelk seconded the motion. Upon roll call vote, all voted aye. Motion adopted. Utilities Director Tim Lucshinger reported that the Grand Island water system’s usage had increased to where additional capacity was required to allow for future growth in the City. To fund the cost of an elevated storage tank, a bond issue was proposed in an amount not-to-exceed $8,200,000. Representatives from DA Davidson and Gilmore Bell answered questions regarding the 2012 Bonds, interest rates and refunding options. Motion by Steele, second by Minton to approve Ordinance #9626. City Clerk: Ordinance #9626 on first reading. All those in favor of the passage of this ordinance on first reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. City Clerk: Ordinance #9626 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, Councilmembers Paulick, Steele, Minton, Fitzke, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Haase voted no. Motion adopted. Mayor Jensen: By reason of the roll call votes on first reading and then upon second and final readings, Ordinance #9626 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 3/14/2017 Page 32 / 173 Page 3, City Council Regular Meeting, February 28, 2017 CONSENT AGENDA: Consent Agenda items G-6, G-8, G-11 and G-18 (Resolutions #2017-50, #2017-52, #2017-55, and #2017-62) were removed for further discussion. Motion by Paulick, second by Jones to approve the Consent Agenda excluding items G-6, G-8, G-11 and G-18. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of February 14, 2017 City Council Regular Meeting. #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. #2017-47 - Approving Acquisition of Utility Easement - 3010 N. North Road (Gateways Prairie Property Management LLC). #2017-48 - Approving Acquisition of Utility Easement - 2121 N. Broadwell Avenue (Nick Jamson Enterprises, Inc.). #2017-49 - Approving Bid Award - Water Main Project 2015-W-2 - Logan Street Extended and Union Pacific Railroad with The Diamond Engineering Company of Grand Island, Nebraska in an Amount of $98,612.99. #2017-50 - Approving Transmission Services Agreement with Nebraska Public Power District. Discussion was held regarding the agreement and technical terms. Utilities Director Tim Luchsinger stated this agreement would provide reports to meet regulations of the North American Reliability Standards. Mentioned was training, compliance and certification. Motion by Steele, second by Nickerson to approve Resolution #2017-50. Upon roll call vote, all voted aye. Motion adopted. #2017-51 - Approving Revision of Fee Schedule Regarding Disconnect Fees. #2017-52 - Approving Bid Award for the 2017 Asphalt Resurfacing Project No. 2017-AC-1 with Vontz Paving, Inc. of Hastings, Nebraska in an Amount of $874,083.59. Discussion was held regarding the difference in the types of asphalt. Motion by Steele, second by Stelk to approve Resolution #2017-52. Upon roll call vote, all voted aye. Motion adopted. #2017-53 - Bid Award for Annual Pavement Markings 2017 with Straight-Line Striping, Inc. of Grand Island, Nebraska in an Amount of $86,690.95. #2017-54 - Approving Inter-local Agreement with Hall County for Improvements to Sections of Shady Bend Road and Wildwood Drive. #2017-55 - Approving Agreement for Engineering Consulting Services Related to Moores Creek Drainage Extension with JEO Consulting Group, Inc. of Omaha, Nebraska in an Amount of Grand Island Council Session - 3/14/2017 Page 33 / 173 Page 4, City Council Regular Meeting, February 28, 2017 $165,600.00. Public Works Director John Collins explained the route of the drainage extension and the funding for this project. Discussion was held regarding the Highway 30 project. Motion by Minton, second by Jones to approve Resolution #2017-55. Upon roll call vote, all voted aye. Motion adopted. #2017-56 - Approving Agreement for Preliminary Engineering Services for Stolley Park Road Reconfiguration with Olsson Associates, Inc. of Grand Island, Nebraska. #2017-57 - Approving Agreement for Engineering Consulting Services Related to Transit Needs Assessment and Feasibility Study with Olsson Associates, Inc. of Omaha, Nebraska in an Amount of $156,015.00. #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. #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.). #2017-60 - Approving Temporary Construction Easements for Sanitary Sewer District No. 539; North Webb Road and 13th Street (Harders, Rischling, Calvary Baptist Church, Inc.). #2017-61 - Approving State Bid Award for One (1) 2017 Ford Transit Van for the Wastewater Division of the Public Works Department from Anderson Auto Group of Lincoln, Nebraska in an Amount of $39,095.00. #2017-62 - Approving Purchase of a VacAll AllJetVac for the Wastewater Division of the Public Works Department from Gradall Industries, Inc. of New Philadelphia, Ohio in an Amount of $384,330.56. Discussion was held regarding the equipment and how it worked. Public Works Director John Collins stated this machine would be used daily and had an 11 year life. Motion by Steele, second by Paulick to approve Resolution #2017-62. Upon roll call vote, all voted aye. Motion adopted. #2017-63 - Approving Assignment of License Agreement for Summerfield Estates Subdivision Homeowners’ Association. #2017-64 - Approving Assignment of License Agreement for Eight Subdivision of Summerfield Estates Homeowners’ Association. #2017-65 - Approving Assignment of License Agreement for North Road/Grouse Boulevard HOA of Summerfield Estates. Grand Island Council Session - 3/14/2017 Page 34 / 173 Page 5, City Council Regular Meeting, February 28, 2017 RESOLUTIONS: #2017-66 - Consideration of Approving Parking Restrictions on Custer Avenue at the North Front Street Intersection. Public Works Direct John Collins reported that 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 side of Custer Avenue, both north and south from the North Front Street intersection. Staff recommends approval. Motion by Donaldson, second by Jones to approve Resolution #2017-66. Discussion was held regarding notifying the adjoining property owners. Public Works Director John Collins stated they had not notified property owners but would be willing to do so. Motion by Nickerson, second by Haase to postpone this item to the March 28, 2017 meeting. Upon roll call vote, all voted aye. Motion adopted. #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. City Attorney Jerry Janulewicz reported that 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 property had been essentially abandoned and the city through the city’s code enforcement program had mowed the property thereby resulting in special assessment liens on 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. Staff recommended approval. Discussion was held regarding paying the taxes versus condemnation. Motion by Haase, second by Fitzke to approve Resolution #2017-67. 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 February 15, 2017 through February 28, 2017 for a total amount of $5,213,644.60. Upon roll call vote, Councilmembers Steele, Minton, Fitzke, Donaldson, Hehnke, Haase, Jones, Stelk, and Nickerson voted aye. Motion adopted. Councilmember Paulick abstained. ADJOURNMENT: The meeting was adjourned at 8:37 p.m. RaNae Edwards City Clerk Grand Island Council Session - 3/14/2017 Page 35 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-2 Approving Minutes of March 7, 2017 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 3/14/2017 Page 36 / 173 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION March 7, 2017 Pursuant to due call and notice thereof, a Study Session 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 7, 2017. Notice of the meeting was given in the Grand Island Independent on March 1, 2017. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mark Stelk, Jeremy Jones, Chuck Haase, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Mitch Nickerson, Mike Paulick and Roger Steele. Councilmember Julie Hehnke was absent. The following City Officials were present: City Administrator Marlan Ferguson, Assistant to the City Administrator Nicki Stoltenberg, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Jackie Gonzalez. INVOCATION was given by Community Youth Council member Jackie Gonzalez followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEMS: Nebraska Community Energy Alliance (NCEA). City Administrator Marlan Ferguson presented information on the NCEA. NCEA was founded in 2014 by nine Nebraska Communities to sponsor the first Nebraska Environmental Trust (NET) grant of $403,000 to purchase electric and compressed natural gas vehicles and a Charge Point charging station to demonstrate the economic and air quality benefits. Today, NCEA has 26 members and the City of Grand Island has been approached to join. Other member communities include Hastings, Kearney, Holdrege, Minden, Lexington, and Central City among others. The addition of Grand Island as a member provides a strategic partner that strengthens the Nebraska alternative energy network. The cost to join the NCEA is $1,000 and an interlocal agreement must be approved by Council. Mr. Ferguson stated that if the City became a member, we would be eligible for grants to purchase electric/gas vehicles and multiport public charging stations. Brian Whiteclaf, 116 E. 8th Street, and Jeff Berggren, 3027 W Capital Avenue Suite 17, provided some suggestions regarding the charging stations and spoke in favor of the membership. Solar Power Update and Discussion: Utilities Director Tim Luchsinger presented an update to Council regarding renewable energy efforts. Grand Island Council Session - 3/14/2017 Page 37 / 173 Page 2, City Council Study Session, February 7, 2017 The Utilities Department is considering a small piolet project that would produce one Megawatt of capacity and provide annual production for approximately 180 homes. Mr. Luchsinger explained that the Utilities Department is currently evaluating proposals from developers to locate a small utility scale solar project just north of JBS next to an existing electric substation. This, utilities owned property appears to provide a very favorable site to allow the department to gain first-hand experience with solar generation operations and possible impacts or benefits to electric customers. The intent of the project is to be supported by the Department, however, methods to allow participation by individuals or businesses are being considered. Brian Whitecalf, 116 E 8th Street, and Jeff Berggren, 3027 W Capital Avenue Suite 17, spoke in favor of the Solar Farm idea. Unpaid Delinquent Special Assessments Presentation and Discussion: City Attorney Jerry Janulewicz and Finance Director Renae Griffiths presented information to Council. Since 2006, 22 special assessment districts were created by the City of Grand Island for water, sidewalk, sewer, and street paving projects, not including connection districts. Creation of the districts resulted in assessments of $6,672,917.43 levied upon 923 parcels included within the districts. Of the properties assessed, 91% have paid in full, resulting in a collection rate of 96%. Currently, 12 assessed parcels have 1 to 5 delinquent installments, for a total of $64,692.81 plus interest. Fifty-one assessed parcels, 24 of which were assessed for both paving and sewer, have six or more delinquent installments, for a total of $211,433.16 plus interest. Mr. Janulewicz covered the collection process via state statues and made mention that he would be bringing a resolution(s) to Council for all properties that are delinquent on their payments. ADJOURNMENT: The meeting was adjourned at 8:22 p.m. Nicki Stoltenberg City Clerk Pro Tem Grand Island Council Session - 3/14/2017 Page 38 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-3 #2017-68 - Approving Final Plat and Subdivision Agreement for Sterling Estates 9th Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 3/14/2017 Page 39 / 173 Council Agenda Memo From:Regional Planning Commission Meeting:March 14, 2017 Subject:Sterling Estates 9th Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of Capital Avenue and east of North Road in the City of Grand Island, in Hall County, Nebraska. It consists of 2 lots and 7.2 acres. Discussion The plat for Sterling Estates 9th Subdivision, Final Plat was considered by the Regional Planning Commission at the March 1, 2017 meeting. A motion was made by Ruge and seconded by Maurer to approve the plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (Apfel, Allan, O’Neill, Ruge, Maurer, Robb, Rainforth, Rubio and Sears) and no members voting no or abstaining. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 3/14/2017 Page 40 / 173 Developer/Owner TS12Phase II, LLC 8712 W. Dodge Road, Suite 400 Omaha, NE 68114 To create 2 lots located south of Capital Avenue and east of North Road, in the City of Grand Island, in Hall County, Nebraska. Size: 7.2 acres Zoning: RD – Residential Development Road Access: City Roads Water Public: City water is available. Sewer Public: City sewer is available. Grand Island Council Session - 3/14/2017 Page 41 / 173 LOT 1LOT 2S00°59'26"W 609.00'(M&P)N89°00'34"W 515.00'(M&P)N00°59'26"E 609.00'(M&P)S89°00'34"E 515.00'(M&P)FAX 308.384.8752TEL 308.384.8750Grand Island, NE 68802-1072P.O. Box 1072201 East 2nd StreetGrand Island Council Session - 3/14/2017 Page 42 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-68 WHEREAS TS12 Phase II, LLC, a Nebraska Limited Liability Company, being the owner of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “STERLING ESTATES 9TH SUBDIVISION”, a subdivision being in part of the Northwest Quarter (NW ¼) of Section 12, Township 11 North, Range 10 West of the 6th P.M., in the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. BE IT FURTHER RESOLVED that the final plat of STERLING ESTATES 9TH SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 15, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 43 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-4 #2017-69 - Approving Pipeline Crossing Agreement with Union Pacific Railroad - Water Main Project 2015-W-2 - Logan Street at UPRR Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/14/2017 Page 44 / 173 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:March 14, 2017 Subject:Pipeline Crossing Agreement for Water Main Project 2015-W-2 – Logan Street/UPRR 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. This will be the final planned replacement project. An area map is attached for reference. Discussion In order to proceed with this project, a Crossing Agreement with the Union Pacific Railroad will be required. The Union Pacific has a number of requirements regarding utility pipeline crossing their right-of-way and the Department has submitted application for the construction of the new crossing for the railroad’s review. Attached is a copy of their proposed agreement for the project. The crossing at Union Pacific Mile Post 147.96, Kearney Subdivision/Branch (Logan Street) includes a one-time fee of $4,800.00. 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 - 3/14/2017 Page 45 / 173 Recommendation City Administration recommends that the Council authorize the execution of the Pipeline Crossing Agreement with the Union Pacific Railroad for Water Main Project 2015-W-2, and approve the one-time fee of $4,800.00. Sample Motion Move to approve the execution of the Pipeline Crossing Agreement with the Union Pacific Railroad for Water Main Project 2015-W-2. Grand Island Council Session - 3/14/2017 Page 46 / 173 Pipeline Crossing 080808 Folder No. 03010-86 Last Modified: 03/29/10 Form Approved, AVP-Law PIPELINE CROSSING AGREEMENT Mile Post: 147.96, Kearney Subdivision/Branch Location: Grand Island, Hall County, Nebraska THIS AGREEMENT (“Agreement”) is made and entered into as of February 22, 2017, (“Effective Date”) by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (“Licensor”) and CITY OF GRAND ISLAND a Nebraska municipality, to be addressed at Po Box 1968, 100 E. First Street Grand Island, Nebraska 68802 (“Licensee”). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. In consideration of the license fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate one eighteen-inch (18”) ductile iron carrier, encased in a thirty-inch (30”) steel casing pipeline for transporting and conveying potable water only across Licensor's track(s) and property (the “Pipeline”) in the location shown and in conformity with the dimensions and specifications indicated on the print dated September 01, 2016 and marked Exhibit A, attached hereto and hereby made a part hereof. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than transporting and conveying potable water, and the Pipeline shall not be used to convey any other substance, any fiber optic cable, or for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. For the purposes of Exhibit A, Licensee acknowledges that if it or its contractor provides to Railroad digital imagery depicting the Pipeline crossing, Licensee authorizes Railroad to use the Digital Imagery in preparing the print attached as an exhibit hereto. Licensee represents and warrants that through a license or otherwise, it has the right to use the Digital Imagery and to permit Railroad to use the Digital Imagery in said manner. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Four Thousand Eight Hundred Dollars ($4,800.00). Article 3. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Grand Island Council Session - 3/14/2017 Page 47 / 173 Article 4. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to the Licensee shall include the Licensee's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. If a contractor is hired by the Licensee for any work performed on the Pipeline (including initial construction and subsequent relocation or maintenance and repair work), then the Licensee shall provide a copy of this Agreement to its contractor and require its contractor to comply with all the terms and provisions hereof relating to the work to be performed. Any contractor or subcontractor shall be deemed an agent of Licensee for the purpose of this Agreement, and Licensee shall require such contractor or subcontractor to release, defend and indemnify Licensor to the same extent and under the same terms and conditions as Licensee is required to release, defend and indemnify Licensor herein. Article 5. INSURANCE. A. During the life of the License, Licensee shall fully comply with the insurance requirements described in Exhibit C. B. Failure to maintain insurance as required shall entitle, but not require, Licensor to terminate this License immediately. C. If the Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this license, those statutes shall apply. D. Licensee hereby acknowledges that is has reviewed the requirements of Exhibit C, including without limitation the requirement for Railroad Protective Liability Insurance during construction, maintenance, installation, repair or removal of the pipeline which is the subject of this Agreement. Article 6. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF GRAND ISLAND By: __________________________________ By: __________________________________ Asst. Manager Name Printed: __________________________ Title: _________________________________ Grand Island Council Session - 3/14/2017 Page 48 / 173 X 6681432 60 90.0 45.0 45.015.0 2 Other 8.2 4.5 NOTES: 1) ALL DIMENSIONS MEASURED PERPENDICULAR TO THE CENTERLINE OF TRACK 2) REFER TO AREMA VOLUME 1. CHAPTER 1. PART 5. SECTION 5.1 BORED AND JACKED AT MINIMUM SIGNS WILL BE PROVIDED AS STATED ABOVE Ductile Iron NA POTABLE WATER 80.0 80.0 0.36 18.0 YES STEEL PIPE NA 90.0 0.5 30.0 YES OPEN 45.0 45.0 MAINLINE TRACK 40.918529514964 -98.36023628711 GRAND ISLAND NE 0301086 09/01/2016 NON-FLAMMABLE LIQUID PIPELINE HALL CITY OF GRAND ISLAND Broadwell Avenue. C/LSwitch Kearney Sub. 147.96 8293+89 100 70 100 55 Grand Island Council Session - 3/14/2017 Page 49 / 173 Pipeline Crossing 07/20/08 Form Approved, AVP Law EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. A. The Pipeline shall be designed, constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with (i) Licensor’s current standards and specifications (“UP Specifications”), except for variances approved in advance in writing by the Licensor’s Assistant Vice President Engineering – Design, or his authorized representative; (ii) such other additional safety standards as the Licensor, in its sole discretion, elects to require, including, without limitation, American Railway Engineering and Maintenance-of-Way Association (“AREMA”) standards and guidelines (collectively, “UP Additional Requirements”), and (iii) all applicable laws, rules and regulations (“Laws”). If there is any conflict between the requirements of any Law and the UP Specifications or the UP Additional Requirements, the most restrictive will apply. B. All work performed on property of the Licensor in connection with the design, construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. C. Prior to the commencement of any work in connection with the design, construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline from Licensor’s property, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Licensor’s Assistant Vice President Engineering Design, or his authorized representative, and then the work shall be done to the satisfaction of the Licensor’s Assistant Vice President Engineering Design or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefore, all expenses incurred by the Licensor in connection therewith, which expenses shall include all assignable costs. Grand Island Council Session - 3/14/2017 Page 50 / 173 D. The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. E. In the prosecution of any work covered by this Agreement, Licensee shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 3. NOTICE OF COMMENCEMENT OF WORK / LICENSOR REPRESENTATIVE / SUPERVISION / FLAGGING / SAFETY. A. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work by calling the Response Management Communication Center (RMCC) at 888-877-7267. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. The Licensee will coordinate its initial, and any subsequent work with the following employee of Licensor or his or her duly authorized representative (hereinafter "Licensor Representative" or "Railroad Representative"): PATRICK J. O'BRIEN MGR SIGNAL MNTCE 601 East South Front St Grand Island, NE 68801 Work Phone: 308/8 389-2244 Fax: 402 501-1606 Cell Phone: 308 440-6653 ANTHONY L. TROTTA MGR TRACK MNTCE 2511 12TH ST COLUMBUS, NE 68601 Work Phone: 402/8 501-3817 Cell Phone: 575 551-1701 B. Licensee, at its own expense, shall adequately police and supervise all work to be performed. The responsibility of Licensee for safe conduct and adequate policing and supervision of work shall not be lessened or otherwise affected by Licensor's approval of plans and specifications involving the work, or by Licensor's collaboration in performance of any work, or by the presence at the work site of a Licensor Representative, or by compliance by Licensee with any requests or recommendations made by the Licensor Representative. C. At the request of Licensor, Licensee shall remove from Licensor's property any employee who fails to conform to the instructions of the Licensor Representative in connection with the work on Licensor's property. Licensee shall indemnify Licensor against any claims arising from the removal of any such employee from Licensor's property. D. Licensee shall notify the Licensor Representative at least ten (10) working days in advance of proposed performance of any work in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Licensor's track(s) at any time, for any reason, unless and until a railroad flagman is provided to watch for trains. Upon receipt of such ten (10) day notice, the Licensor Grand Island Council Session - 3/14/2017 Page 51 / 173 Representative will determine and inform Licensee whether a flagman need be present and whether any special protective or safety measures need to be implemented. If flagging or other special protective or safety measures are performed by Licensor, Licensor will bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, state or local governmental entity have agreed that Licensor is to bill such expenses to the federal, state or local governmental entity. If Licensor will be sending the bills to Licensee, Licensee shall pay such bills within thirty (30) days of receipt of billing. If Licensor performs any flagging, or other special protective or safety measures are performed by Licensor, Licensee agrees that Licensee is not relieved of any of responsibilities or liabilities set forth in this Agreement. E. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Licensor and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Licensee (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. F. Reimbursement to Licensor will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Licensor is required to pay the flagman and which could not reasonably be avoided by Licensor by assignment of such flagman to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. G. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Licensee or its contractor. Licensee shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Licensee and its contractor shall at a minimum comply with Licensor's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Licensor's own forces. As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's safety standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. Grand Island Council Session - 3/14/2017 Page 52 / 173 H. Without limitation of the provisions of paragraph G above, Licensee shall keep the job site free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the job. I. Licensee shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Prompt notification shall be given to Licensor of any U.S. Occupational Safety and Health Administration reportable injuries. Licensee shall have a non-delegable duty to control its employees while they are on the job site or any other property of Licensor, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. J. If and when requested by Licensor, Licensee shall deliver to Licensor a copy of its safety plan for conducting the work (the "Safety Plan"). Licensor shall have the right, but not the obligation, to require Licensee to correct any deficiencies in the Safety Plan. The terms of this Agreement shall control if there are any inconsistencies between this Agreement and the Safety Plan. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the design, construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT, RELOCATION OR REMOVAL OF PIPELINE. A. The license herein granted is subject to the needs and requirements of the Licensor in the safe and efficient operation of its railroad and in the improvement and use of its property. The Licensee shall, at the sole expense of the Licensee, reinforce or otherwise modify the Pipeline, or move all or any portion of the Pipeline to such new location, or remove the Pipeline from the Licensor’s property, as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor, at its sole election, finds such action necessary or desirable. B. All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. A. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be designed, constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. B. Explosives or other highly flammable substances shall not be stored on Licensor's property without the prior written approval of Licensor. Grand Island Council Session - 3/14/2017 Page 53 / 173 C. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Licensor's trackage shall be installed or used by Licensee or its contractors without the prior written permission of Licensor. D. When not in use, any machinery and materials of Licensee or its contractors shall be kept at least fifty (50) feet from the centerline of Licensor's nearest track. E. Operations of Licensor and work performed by Licensor's personnel may cause delays in the work to be performed by Licensee. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee shall coordinate its activities with those of Licensor and third parties so as to avoid interference with railroad operations. The safe operation of Licensor's train movements and other activities by Licensor take precedence over any work to be performed by Licensee. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee’s expense, and will commence no work on the Licensor’s property until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD THE LICENSOR HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) CAUSED BY THE NEGLIGENCE OF THE LICENSEE, ITS CONTRACTORS, AGENTS AND/OR EMPLOYEES, RESULTING IN (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON LICENSOR'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON LICENSOR'S PROPERTY, EXCEPT IF SUCH COSTS, LIABILITY OR EXPENSES ARE CAUSED SOLELY BY THE DIRECT ACTIVE NEGLIGENCE OF THE LICENSOR. LICENSEE FURTHER AGREES THAT IT SHALL NOT HAVE OR SEEK RECOURSE AGAINST LICENSOR FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING LICENSOR'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON LICENSOR'S PROPERTY. Grand Island Council Session - 3/14/2017 Page 54 / 173 Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. A. The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. B. The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensee in any manner moves or disturbs any of the property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such property to the same condition as the same were before such property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the moving or disturbance of any other property of the Licensor. Section 10. INDEMNITY. A. As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). B. AS A MAJOR INDUCEMENT AND IN CONSIDERATION OF THE LICENSE AND PERMISSION HEREIN GRANTED, TO THE FULLEST EXTENT PERMITTED BY LAW, THE LICENSEE SHALL, AND SHALL CAUSE ITS CONTRACTOR TO, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE LICENSOR FROM Grand Island Council Session - 3/14/2017 Page 55 / 173 ANY LOSS OF ANY KIND, NATURE OR DESCRIPTION ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE OR IN PART): 1. THE PROSECUTION OF ANY WORK CONTEMPLATED BY THIS AGREEMENT INCLUDING THE INSTALLATION, CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, MODIFICATION, RECONSTRUCTION, RELOCATION, OR REMOVAL OF THE PIPELINE OR ANY PART THEREOF; 2. ANY RIGHTS OR INTERESTS GRANTED PURSUANT TO THIS LICENSE; 3. THE PRESENCE, OPERATION, OR USE OF THE PIPELINE OR CONTENTS ESCAPING THEREFROM; 4. THE ENVIRONMENTAL STATUS OF THE PROPERTY CAUSED BY OR CONTRIBUTED TO BY LICENSEE; 5. ANY ACT OR OMISSION OF LICENSEE OR LICENSEE'S OFFICERS, AGENTS, INVITEES, EMPLOYEES, OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE CONTROL OVER; OR 6. LICENSEE’S BREACH OF THIS AGREEMENT, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE DIRECT AND ACTIVE NEGLIGENCE OF THE LICENSOR, AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT JURISDICTION, IT BEING THE INTENTION OF THE PARTIES THAT THE ABOVE INDEMNITY WILL OTHERWISE APPLY TO LOSSES CAUSED BY OR ARISING FROM, IN WHOLE OR IN PART, LICENSOR’S NEGLIGENCE. C. Upon written notice from Licensor, Licensee agrees to assume the defense of any lawsuit of proceeding brought against any indemnitee by any entity, relating to any matter covered by this License for which Licensee has an obligation to assume liability for and/or save and hold harmless any indemnitee. Licensee shall pay all costs incident to such defense, including, but not limited to, reasonable attorney’s fees, investigators’ fees, litigation and appeal expenses, settlement payments and amounts paid in satisfaction of judgments. Section 11. REMOVAL OF PIPELINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may, but is not obligated, to perform such work of removal and restoration at the cost and expense of the Licensee. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. Grand Island Council Session - 3/14/2017 Page 56 / 173 Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. Section 13. TERMINATION. A. If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. B. In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thirty (30) days subsequent to the date upon which such notice shall be given. C. Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. Section 16. SEVERABILITY. Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provision of this Agreement. Grand Island Council Session - 3/14/2017 Page 57 / 173 Approved: Insurance Group Created: 9/23/05 Last Modified: 03/29/10 Form Approved, AVP-Law EXHIBIT C Union Pacific Railroad Company Contract Insurance Requirements Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement) the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: “Contractual Liability Railroads” ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a limit of not less $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, hired, and non-owned autos). The policy must contain the following endorsements, WHICH MUST BE STATED ON THE CERTIFICATE OF INSURANCE: “Coverage For Certain Operations In Connection With Railroads” ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: Licensee’s statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Licensee must maintain “Railroad Protective Liability” insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad only as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. Grand Island Council Session - 3/14/2017 Page 58 / 173 The definition of “JOB LOCATION” and “WORK” on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS performed under this agreement E. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, and these policies must “follow form” and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad’s negligence whether sole or partial, active or passive, and shall not be limited by Licensee’s liability under the indemnity provisions of this Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. H. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Licensee required in this agreement, where permitted by law. This waiver must be stated on the certificate of insurance. I. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. J. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. Grand Island Council Session - 3/14/2017 Page 59 / 173 Pipeline Crossing 07/20/08 Form Approved, AVP-Law EXHIBIT D SAFETY STANDARDS MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Licensee or its contractors, subcontractors, or agents, as well as any subcontractor or agent of any Licensee. I. Clothing A. All employees of Licensee will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Licensee’s employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Licensee shall require its employee to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Licensee’s company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:  100 feet of a locomotive or roadway/work equipment  15 feet of power operated tools  150 feet of jet blowers or pile drivers Grand Island Council Session - 3/14/2017 Page 60 / 173  150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs) (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Licensee and its contractor are responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a minimum distance of at least twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized work wear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Licensee must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Licensee will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Licensee to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Licensee’s equipment is unsafe for use, Licensee shall remove such equipment from Railroad’s property. In addition, Licensee must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:  Familiar and comply with Railroad’s rules on lockout/tagout of equipment.  Trained in and comply with the applicable operating rules if operating any hy-rail equipment on-track.  Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other rail bound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. Grand Island Council Session - 3/14/2017 Page 61 / 173 V. General Safety Requirements A. Licensee shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Licensee shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Licensee meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. Grand Island Council Session - 3/14/2017 Page 62 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-69 WHEREAS, the construction of Water Main Project 2015-W-2 will require a crossing at the Logan Street tracks; and WHEREAS, the Union Pacific Railroad requires Pipeline Crossing Agreements to be entered in to for persons crossing its property for such purposes with a license fee payment of $4,800.00 for the Logan Street Crossing ; and WHEREAS, the City Attorney’s office has reviewed the proposed Pipeline Crossing Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Pipeline Crossing Agreement, by and between the City and the Union Pacific Railroad Company, for the construction and maintenance of Water Main Project 2015-W-2 at Logan Street, is hereby approved; and the Mayor is hereby authorized to sign such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. ____________________________ Jeremy L. Jensen, Mayor Attest: _____________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 63 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-5 #2017-70 - Approving Bid Award - Water Main District 469T - Engleman Road from Stolley Park Road, North 1/2 Mile Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/14/2017 Page 64 / 173 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:March 14, 2017 Subject:Water Main District 469T Engleman Road – North of Stolley Park Road Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main District 469T was identified as a needed link between the supply, storage, and distribution components of the system is an integral part of the Utility Department’s current Water Facilities Master Plan and approved by Council on September 13, 2016. It will extend a 20” diameter water main along Engleman Road from Stolley Park Road, north ½ mile. The construction will complete the westerly backbone of the water system. Discussion Bidding documents were advertised in accordance with City Procurement Codes. Four plan service firms and eleven construction companies were notified of the project. Five bids were received and publicly opened at 2:00 p.m. on February 16, 2017. The estimate for this project is $515,000.00. 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 Completion Date The Diamond Engineering Co. Grand Island, NE Universal Surety Co.None $284,906.56 10/1/2017 Van Kirk Bros. Contracting Sutton, NE Universal Surety Co.None $315,269.70 7/15/2017 General Excavating Lincoln, NE Universal Surety Co.None $385,237.00 7/31/2017 Myers Construction, Inc. Broken Bow, NE Inland Insurance Co.None $457,194.00 12/30/2017 Starostka Group Unlimited, Inc. Grand Island, NE Western Surety Co.None $299,224.14 11/30/2017 Grand Island Council Session - 3/14/2017 Page 65 / 173 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council award the contract for Water Main District 469T construction to the low bidder, The Diamond Engineering Company of Grand Island, Nebraska in the amount of $284,906.56. Sample Motion Move to approve the bid award for Water Main District 469T construction to The Diamond Engineering Company in the amount of $284,906.56. Grand Island Council Session - 3/14/2017 Page 66 / 173 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:February 16, 2017 at 2:00 p.m. FOR:Water Main District 469T DEPARTMENT:Utilities ESTIMATE:$515,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:January 27, 2017 NO. POTENTIAL BIDDERS:11 SUMMARY Bidder:General Excavating Van Kirk Bros. Contracting Lincoln, NE Sutton, NE Bid Security:Universal Surety Co.Universal Surety Co. Exceptions:None None Bid Price:$385,237.00 $315,269.70 Bidder:Starostka Group Unlimited, Inc.Myers Construction, Inc. Grand Island, NE Broken Bow, NE Bid Security:Western Surety Co.Inland Insurance Co. Exceptions:None None Bid Price:$299,224.14 $457,194.00 Bidder:Diamond Engineering Co. Grand Island, NE Bid Security:Universal Surety Co. Exceptions:None Bid Price:$284,906.56 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Grand Island Council Session - 3/14/2017 Page 67 / 173 Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Jamie Royer, Civil Engineer P1940 Grand Island Council Session - 3/14/2017 Page 68 / 173 WATER MAIN DISTRICT 469T Bids Received 2/16/2017 ENGLEMAN ROAD - NORTH OF STOLLEY PARK ROAD 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 20" S.J. D.I. PIPE 2686.0 LF $72.45 $194,600.70 $85.25 $228,981.50 $104.00 $279,344.00 $121.00 $325,006.00 $80.16 $215,309.76 D.1.02 16" S.J. D.I. PIPE 6.0 LF $98.20 $589.20 $100.00 $600.00 $120.00 $720.00 $92.00 $552.00 $147.85 $887.10 D.1.03 6" S.J. D.I. PIPE 45.0 LF $41.60 $1,872.00 $40.00 $1,800.00 $50.00 $2,250.00 $45.00 $2,025.00 $33.00 $1,485.00 D.1.04 16"x6" TAPPING SLEEVE 1.0 EA $2,920.00 $2,920.00 $2,400.00 $2,400.00 $3,900.00 $3,900.00 $2,643.00 $2,643.00 $2,141.00 $2,141.00 D.1.05 6" R.S. GATE TAPPING VALVE 1.0 EA $1,115.00 $1,115.00 $1,200.00 $1,200.00 $2,000.00 $2,000.00 $1,248.00 $1,248.00 $858.00 $858.00 D.1.06 16" BUTTERFLY VALVE 1.0 EA $3,110.00 $3,110.00 $3,500.00 $3,500.00 $4,100.00 $4,100.00 $4,270.00 $4,270.00 $3,066.00 $3,066.00 D.1.07 20" BUTTERFLY VALVE 5.0 EA $4,480.00 $22,400.00 $5,485.00 $27,425.00 $5,800.00 $29,000.00 $6,422.00 $32,110.00 $4,573.00 $22,865.00 D.1.08 20"x16" M.J. REDUCER 1.0 EA $570.00 $570.00 $720.00 $720.00 $700.00 $700.00 $885.00 $885.00 $569.00 $569.00 D.1.09 20"x20" M.J. TEE 2.0 EA $1,165.00 $2,330.00 $1,464.00 $2,928.00 $1,300.00 $2,600.00 $2,118.00 $4,236.00 $1,221.00 $2,442.00 D.1.10 20"x6" M.J. TEE 2.0 EA $930.00 $1,860.00 $1,100.00 $2,200.00 $1,000.00 $2,000.00 $1,545.00 $3,090.00 $910.00 $1,820.00 D.1.11 20" SLEEVE COUPLING 10.0 EA $1,185.00 $11,850.00 $1,235.00 $12,350.00 $750.00 $7,500.00 $1,500.00 $15,000.00 $768.00 $7,680.00 D.1.12 16" SLEEVE COUPLING 2.0 EA $790.00 $1,580.00 $765.00 $1,530.00 $650.00 $1,300.00 $1,040.00 $2,080.00 $516.00 $1,032.00 D.1.13 20" M.J. CAP W/ 2" TAP 2.0 EA $520.00 $1,040.00 $500.00 $1,000.00 $750.00 $1,500.00 $833.00 $1,666.00 $412.00 $824.00 D.1.14 20" RETAINER GLAND 2.0 EA $285.00 $570.00 $328.00 $656.00 $600.00 $1,200.00 $440.00 $880.00 $333.00 $666.00 D.1.15 VALVE BOX 6.0 EA $155.00 $930.00 $235.00 $1,410.00 $250.00 $1,500.00 $140.00 $840.00 $147.60 $885.60 D.1.16 FIRE HYDRANT ASSY. (TYPE 1)2.0 EA $1,600.00 $3,200.00 $1,775.00 $3,550.00 $3,500.00 $7,000.00 $2,940.00 $5,880.00 $1,535.00 $3,070.00 D.1.17 HYDRANT ONLY (TYPE 2)1.0 EA $890.00 $890.00 $635.00 $635.00 $2,000.00 $2,000.00 $1,800.00 $1,800.00 $569.00 $569.00 D.1.18 6"x45° M.J. ELL 6.0 EA $305.00 $1,830.00 $188.00 $1,128.00 $250.00 $1,500.00 $224.00 $1,344.00 $152.00 $912.00 D.1.19 6" RETAINER GLAND 12.0 EA $95.00 $1,140.00 $52.35 $628.20 $190.00 $2,280.00 $48.00 $576.00 $59.89 $718.68 D.1.20 THRUST BLOCK 5.0 EA $685.00 $3,425.00 $180.00 $900.00 $495.00 $2,475.00 $300.00 $1,500.00 $1,111.00 $5,555.00 D.1.21 V-BIO POLY-WRAP 2737.0 LF $3.35 $9,168.95 $2.60 $7,116.20 $3.00 $8,211.00 $6.00 $16,422.00 $5.29 $14,478.73 D.1.22 BELL JOINT BLOCK 2.0 EA $900.00 $1,800.00 $985.00 $1,970.00 $500.00 $1,000.00 $2,200.00 $4,400.00 $420.00 $840.00 D.1.23 REMOVE & SALVAGE HYDRANT ASSY.1.0 EA $510.00 $510.00 $500.00 $500.00 $700.00 $700.00 $1,200.00 $1,200.00 $494.00 $494.00 D.1.24 REMOVE & SALVAGE 12" VALVE & BOX 1.0 EA $375.00 $375.00 $350.00 $350.00 $350.00 $350.00 $1,200.00 $1,200.00 $69.49 $69.49 D.1.25 REMOVE & DISPOSE BELL JOINT BLOCK 1.0 EA $405.00 $405.00 $250.00 $250.00 $350.00 $350.00 $800.00 $800.00 $363.00 $363.00 D.1.26 REMOVE & SALVAGE 20" M.J. CAP 1.0 EA $295.00 $295.00 $500.00 $500.00 $350.00 $350.00 $800.00 $800.00 $433.00 $433.00 D.1.27 REMOVE & SALVAGE 12" M.J. CAP 1.0 EA $295.00 $295.00 $400.00 $400.00 $350.00 $350.00 $800.00 $800.00 $135.95 $135.95 D.1.28 REMOVE & SALVAGE 16"x12" REDUCER 1.0 EA $295.00 $295.00 $250.00 $250.00 $350.00 $350.00 $800.00 $800.00 $143.70 $143.70 D.1.29 REMOVE & SALVAGE 12" D.I. PIPE 110.0 LF $16.60 $1,826.00 $12.00 $1,320.00 $16.00 $1,760.00 $36.00 $3,960.00 $14.56 $1,601.60 D.1.30 REMOVE & SALVAGE 12"x6" M.J. TEE 1.0 EA $295.00 $295.00 $300.00 $300.00 $350.00 $350.00 $800.00 $800.00 $156.00 $156.00 D.1.31 REMOVE & REPLACE FIELD DRIVE 1.0 EA $220.00 $220.00 $450.00 $450.00 $1,700.00 $1,700.00 $3,500.00 $3,500.00 $313.00 $313.00 D.1.32 REPLACE ASPH. MILLINGS 3.4 TON $65.65 $223.21 $35.00 $119.00 $125.00 $425.00 $35.00 $119.00 $70.53 $239.80 D.1.33 REMOVE ASPHALT ROADWAY 10.4 SY $15.25 $158.60 $12.00 $124.80 $30.00 $312.00 $15.00 $156.00 $23.17 $240.97 D.1.34 REPLACE ASPHALT ROADWAY 10.4 SY $91.00 $946.40 $95.00 $988.00 $150.00 $1,560.00 $15.00 $156.00 $56.64 $589.06 D.1.35 SEEDING 1.7 AC $4,595.00 $7,811.50 $1,700.00 $2,890.00 $6,000.00 $10,200.00 $4,500.00 $7,650.00 $2,411.00 $4,098.70 D.1.36 TRAFFIC CONTROL 1.0 LS $2,460.00 $2,460.00 $2,200.00 $2,200.00 $2,400.00 $2,400.00 $6,800.00 $6,800.00 $1,672.00 $1,672.00 $284,906.56 $315,269.70 $385,237.00 $457,194.00 $299,224.14 EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NONE EXCEPTIONS NONE COMPLETION 10/1/2017 COMPLETION 7/15/2017 COMPLETION 7/31/2017 COMPLETION 12/30/2017 COMPLETION 11/30/2017 Starostka Group Unlimited Inc. Grand Island, NE Myers Construction, Inc. Broken Bow, NEGrand Island, NE Diamond Engineering Van Kirk Bros Contracting Sutton, NE General Excavating Lincoln, NE Grand Island Council Session - 3/14/2017 Page 69 / 173 Grand Island Council Session - 3/14/2017 Page 70 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-70 WHEREAS, the City of Grand Island invited sealed bids for Water Main District 469T – Engleman Road from Stolley Park Road, North for ½ mile, according to plans and specifications on file with the Utilities Department; and WHEREAS, on February 16, 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 $284,906.56; and WHEREAS, the bid of The Diamond Engineering Company is less than the estimate for Water Main District 469T – Engleman Road from Stolley Park Road, North for ½ mile. 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 $284,906.56 for the construction of Water Main District 469T, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 71 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-6 #2017-71 - Approving Bid Award - Composite Elevated Water Storage Tank Construction Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/14/2017 Page 72 / 173 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:March 14, 2017 Subject:Composite Elevated Storage Tank Presenter(s):Tim Luchsinger, Utilities Director Background The City’s water system consists of 21 low pressure wells located on a 1,200 acre island in the Platte River, which supplies water to an on-site collection and pumping station. This pumping station transfers water through transmission mains to three reservoir pumping stations in the City. These pumping stations provide water for residential and industrial use as well as fire protection for the City. In early 2015, a Water Master Plan Study was completed identifying the need for elevated water storage which will provide additional capacity during peak demand periods and an emergency supply if power is lost to the City. The study identified the best locations for the elevated storage and a property purchase was approved by Council on December 27, 2016. Specifications for a Composite Elevated Storage Tank were developed by the Department’s consulting engineer on the project, HDR. A composite tank utilizes a large diameter formed-concrete cylindrical pedestal supporting a welded steel water storage tank. The specified tank storage capacity is 2 million gallons with a height of approximately 150 feet. The specifications included the design, materials, and construction of the tank and foundation. Discussion The specifications for the Composite Elevated Storage Tank were issued for bids and responses were received from the following bidders. The engineer’s estimate for this project was $6,000,000. Bid Price with tax Bidder Exceptions & selected options Landmark No exceptions $ 3,454,200.00 Phoenix Exceptions taken, not noted.$ 3,125,899.95 CB&I Exceptions noted $ 3,773,671.85 Caldwell Exceptions noted $ 3,715,000.00 Grand Island Council Session - 3/14/2017 Page 73 / 173 The bids were reviewed for conformance with the specifications as follows. Phoenix Tank does not have the required minimum experience and did not note this exception. Caldwell took exception to the specified concrete base construction and proposed an alternate forming system. CB&I took exceptions on the scope of the electrical work and foundation construction. These exceptions to the specifications are not acceptable and the only bid with no exceptions is from Landmark Structures. Options included in the evaluation are the ladder climb assist and Grand Island logo for the tank. Landmark Structures was the first to construct a large composite storage tank for water service over thirty years ago, and has extensive experience with this type and size of tank. Utilities Department staff recommends Landmark Structures as the low compliant bidder for the Composite Elevated Storage Tank. 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 presented in this motion Recommendation The Utilities Department recommends that the Council award the contract to Landmark Structures from Fort Worth, Texas, as the lowest compliant bidder, with a bid in the amount of $3,454,200.00. Sample Motion Move to approve the bid in the amount of $3,454,200.00 from Landmark Structures for the Composite Elevated Storage Tank. Grand Island Council Session - 3/14/2017 Page 74 / 173 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:Composite Elevated Water Storage Tank Construction DEPARTMENT:Utilities ESTIMATE:$6,000,000.00 FUND/ACCOUNT:525 PUBLICATION DATE:December 17, 2016 NO. POTENTIAL BIDDERS:3 SUMMARY Bidder:Landmark Phoenix Fabricators & Erectors, Inc. Fort Worth, TX Avon, IN Bid Security:Fidelity & Deposit Co.Continental Casualty Co. Exceptions:None None Bid Price:$3,389,000.00 $3,081,400.00 Bidder:Caldwell Tanks, Inc.CB &I Constructors, LLC Louisville, KY Plainfield, IL Bid Security:Great American Ins. Co.Federal Insurance Co. Exceptions:Noted Noted Bid Price:$3,653,000.00 $3,709,000.00 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Karen Nagel, Utility Secretary Lynn Mayhew, Assist. Utilities Director P1933 Grand Island Council Session - 3/14/2017 Page 75 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-71 WHEREAS, the City of Grand Island invited sealed bids for Composite Elevated Water Storage Tank Construction according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 24, 2017, bids were received, opened and reviewed; and WHEREAS Landmark Structures of Fort Worth, Texas, 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 $3,454,200.00; and WHEREAS, the bid of Landmark Structures is less than the estimate for Composite Elevated Water Storage Tank Construction. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Landmark Structures, in the amount of $3,454,200.00 for Composite Elevated Water Storage Tank Construction, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________ Jeremy L. Jensen, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 76 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-7 #2017-72 - Approving Change Order #1 for Pine Street Pump Station #3 Replacement Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 3/14/2017 Page 77 / 173 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting Date:March 14, 2017 Subject:Change Order #1 - Pine Street Pump Station Pump #3 Replacement Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Pine Street Pump Station is part of the City’s municipal water system and includes three high pressure pumps that transfer water from Kimball Reservoir to the City’s water distribution system. Pump performance is monitored and conditions are assessed for the water pumps to be repaired or replaced to maintain reliability of the water system. Engineering staff evaluated whether to rebuild or replace Pump #3. Pump #3 has been in service since the Pine Street Power Plant was built in the 1920’s. Contacting the manufacturer, the pump is no longer supported and parts would need to be custom manufactured. Engineering staff developed specifications to replace the pump. On February 14, 2017, Council awarded the contract to Iowa Pump Works, Inc., in the amount of $28,594.50. The replacement pump is scheduled to be installed and returned to service prior to the summer increase in the City water system demand. Discussion During review of the existing piping requirements of Pine Street Pump #3, staff determined that significant piping modifications were going to be needed to for the installation of the new pump. Grundfos Water Utility, Inc., the manufacturer of the pump, found that the existing pump matched a casting that was still available and meets the specifications. By using a pump of the same dimensions of the existing pump, no piping modifications will be needed and therefore allow a timely installation. As a result, a contract change order adding an additional $14,701.80 will be needed for a total contract cost of $43,296.30. Grand Island Council Session - 3/14/2017 Page 78 / 173 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 authorizing Change Order #1 with Iowa Pump Works, Inc., of Ankeny, Iowa for the Pine Street Pump #3 Replacement for an addition to the contract price of $14,701.80. Sample Motion Move to approve Change Order #1 from Iowa Pump Works, Inc., in the amount of $14,701.80 for the Pine Street Pump #3 Replacement. Grand Island Council Session - 3/14/2017 Page 79 / 173 Change Order #1 TO: Iowa Pump Works, Inc. 825 SW Ordinance Road Ankeny, IA 50023 PROJECT:Pine Street Pump #3 Replacement You are hereby directed to make the following change in your contract: 1.Additional payment per the attached spreadsheet ADD: $14,701.80 The original Contract Sum $28,594.50 Previous Change Order Amounts $ The Contract Sum is increased by this Change Order $14,701.80 The Contract Sum is decreased by this Change Order $ The total modified Contract Sum to date $$43,296.30 Approval and acceptance of this Change Order acknowledges understanding and agreement that the cost and time adjustments included represent the complete values arising out of and/or incidental to the work described therein. APPROVED: CITY OF GRAND ISLAND By: Date: Attest: Approved as to Form, City Attorney ACCEPTED: IOWA PUMP WORKS, INC. By: Date: Grand Island Council Session - 3/14/2017 Page 80 / 173 City of Grand Island Utilities Department General Work Contract – Change Order Contract: 2017-21 Pine Street Pump #3 Replacement Comments: Significant piping modifications with current specification. Grundfos Water Utility Inc. found an existing pump that matched the casting without required piping modifications. Council Resolution 2017-21 awarded February 14, 2017 $28,594.50 Change Order Request Description Amount 001 Matched pump to piping $ 37,590.00 002 Taxes $ 2,631.30 Current Start-up services (no change)$ 3,075.00 TOTAL CONTRACT $ 43,296.30 Grand Island Council Session - 3/14/2017 Page 81 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-72 WHEREAS, at the February 14, 2017 Council meeting, Council awarded the contract for the replacement of Pine Street Pump Station Pump #3 to Iowa Pump Works, Inc, of Ankeny, Iowa in the amount of $28,594.50; and WHEREAS, during review of the existing piping requirements of Pine Street Pump #3, it was found that significant piping modifications would need to be made to match the new pump; and WHEREAS, as a result of these modifications, Change Order #1 was prepared for an additional $13,740.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 for Pine Street Pump Station Pump #3 Replacement is hereby approved, and the Mayor is hereby authorized to sign Change Order #1 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 82 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-8 #2017-73 - Approving Bid Award for Curb Ramp Project No. 2017-CR-1 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/14/2017 Page 83 / 173 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 14, 2017 Subject:Approving Bid Award for Curb Ramp Project No. 2017- CR-1 Presenter(s):John Collins PE, Public Works Director Background On February 15, 2017 the Engineering Division of the Public Works Department advertised for bids for the construction of curb ramps at various intersections in the City. The City is required to have a planned schedule for upgrading public sidewalk ramps to conform to American with Disabilities Act (ADA) standards. To aid in ADA compliance efforts the City entered into a contract during FY 2015/2016 with Saul Ramos Construction, Inc. of Shelton Nebraska to install curb ramps along 4th Street, from Sycamore Street to Eddy Street in connection with a Community Development Block Grant (CDBG) through Community Development. The attached map shows the locations for this year’s work. Discussion Four (4) bids were received and opened on March 1, 2017. The Engineering Division of the Public Works Department and the Purchasing Division of the City’s Attorney’s Office have reviewed the bids that were received. A summary of the bids is shown below. BIDDER EXCEPTIONS BID PRICE Galvan Construction, Inc. of Grand Island, NE None $109,540.99 The Diamond Engineering Co. of Grand Island, NE None $114,488.90 Saul Ramos Construction, Inc. of Shelton, NE None $165,682.87 Morten Construction, LLC of Loomis, NE None $168,321.16* *corrected calculation Grand Island Council Session - 3/14/2017 Page 84 / 173 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 bid award to the low compliant bidder, Galvan Construction, Inc. of Grand Island, Nebraska in the amount of $109,540.99. Sample Motion Move to approve the bid award. Grand Island Council Session - 3/14/2017 Page 85 / 173 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:March 1, 2017 at 2:15 p.m. FOR:Handicap Ramp Project No. 2017-CR-1 DEPARTMENT:Public Works ESTIMATE:$170,000.00 FUND/ACCOUNT:21000001-2100-40004 PUBLICATION DATE:February 15, 2017 NO. POTENTIAL BIDDERS:14 SUMMARY Bidder:Diamond Engineering Morton Construction LLC Grand Island,NE Loomis, NE Bid Security:Universal Surety Company Cashiers Check Exceptions:None None Bid Price: Section A:$94,342.88 $146,454.24 Section B:$20,146.00 $24,151.18 Total Bid:$114,488.90 $170,605.42 Bidder:Saul Ramos Construction Galvin Construction LLC Shelton, NE Grand Island, NE Bid Security:Travelers Casualty and Surety Company Cashiers check Exceptions: Section A:$132,910.92 $90,386.90 Section B:$32,771.95 $19,154.09 Total Bid:$165,682.87 $109,540.99 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent Tim Golka, PW Engineer I P1952 Grand Island Council Session - 3/14/2017 Page 86 / 173 """"""""" "3 R D S T W 7TH ST W 1 ST S T W 9TH ST W EL M S T N6TH ST W 8TH ST W EDDY S T NK OE NIG ST WCUSTER AVE ND IV IS IO N S T W 2 ND S T W LIN COLN A V E NCLARK S T NNORTH FRONT ST W C H A R L E S S T W PI NE ST NL O U IS E S T WBROADWELL AVE NWA L NU T ST N 4TH ST W 5TH ST W J O H N S T W EDDY ST S 13TH ST W WHITE AVEC L ARK ST S11TH ST W 10TH ST W CAREY AVEE L M S T SAN NA S T WWALDO AVEBLAKE ST DARR AVE NS O U T H F RO N T S T W GRACE AVE NAD AMS ST NFAIDLEY AVE W LOCU ST S T NCED AR ST N LIN COL N A VE SBOGGS AVE NC L EB UR N S T SWASHIN GT ON ST NWH EE L ER A V E N 15TH ST W 8 TH ST E ALPHA ST NS YCA MORE ST N GEORGE ST CEDAR ST S 7 T H S T E WASH I NGT ON ST S 12TH ST W MADI SON ST S A DA MS S T SMONROE S T S11TH AVE W 6 T H S T E KI MB AL L AVE NGRE EN WIC H S T NB L AI NE ST NRUBY AVEJ E F FERSON ST N O L D L IN C O L N H W Y W MADI SON ST NUS HIGHWAY 30 W O K L A H OM A AV E WKRUSE AVEL OGA N S T SPARK AVE N9 T H S T E 5 T H S T E HA RRI SON ST S OA K ST NB ROADWE L L A V E S CL E BU RN ST NWAL NUT S T STIL DE N S T SCL AY ST NHUSTON AVE NCL AY S T SS T O E GE R DR 4 TH S T E GRANT ST N LOGA N S T N14TH ST W J EF F ERSO N S T STIL DEN ST NLAFAYETTE AVE NGRAND ISLAND AVE NGRE EN WIC H S T SBAUM A N N DRPH O EN IX AV E WGRAN T ST SA RT HU R S T NMONROE ST NHA RRI SON ST NCLARENCE ST GAR FI EL D AVE N13 T H S T W J E F FERSON ST N 2 ND ST W 5 T H S T W MADI SO N S T NMON ROE S T N6TH ST W WAS HIN GT ON ST NJ EFFE RS ON ST NOLD LINCOLN HWY W GAR FI EL D AVE NWAS HIN GT ON S T N14TH ST W CLARK S T NADAMS ST SJEF F ER SON ST N 1 4 TH ST W 1S T S T WRUBY AVEAD AMS S T N15TH ST W 4TH ST W L OC US T ST NCLEB URN ST NBOGGS AVE NC ED AR ST N GRE ENWI CH ST NWAL N UT ST N 1 2 T H S T W J EF F ERSON S T SWHITE AVE11 TH ST W 2 N D S T W 2 N D S T W GR E E N WIC H S T NGREENWICH ST NSTOEGER DR 1 0 T H S T W S O UT H F R O N T S T W C ED AR ST N CL E BU RN ST NqProposed for 2017-CR1 Location "Custer & Faidley "Waldo & Faildey "Alpha & Faidley "Grace & Faidley "Carey & Faidley "Ruby & Faildey "Darr & Faidley "Boggs & Faidley "White & Faidley "Cedar & Koenig PLAN PUBLIC WORKS DEPARTMENT DATE: DRAWN BY: APPVD. BY: SCALE 02-13-2017 MWL NONE Proposed ADA For 2017-CR-1 Curb Ramp Locations 1 1TAG Grand Island Council Session - 3/14/2017 Page 87 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-73 WHEREAS, the City of Grand Island invited sealed bids for Curb Ramp Project 2017-CR-1, according to plans and specifications on file with the Public Works Department; and WHEREAS, on March 1, 2017 bids were received, opened, and reviewed; and WHEREAS, Galvan Construction, Inc. of Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $109,540.99; and WHEREAS, Galvan Construction, Inc.’s bid is less than the estimate for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Galvan Construction, Inc. of Grand Island, Nebraska in the amount of $109,540.99 for Curb Ramp Project 2017-CR-1 is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute a contract with such contractor for such project on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 88 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-9 #2017-74 - Approving Amendment No. 1 to Engineering Consulting Agreement for Adams Street Paving District No. 1264 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/14/2017 Page 89 / 173 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 14, 2017 Subject:Approving Amendment No. 1 to Engineering Consulting Agreement for Adams Street Paving District No. 1264 Presenter(s):John Collins PE, Public Works Director Background The project consists of removing approximately 1,250’ of existing Adams Street roadway north of Stolley Park Road and replacing with concrete pavement, widening the roadway from 24’ to 37’ for a 3-lane section with improved drainage and elimination of the ditch section. A traffic signal at the intersection of Adams Street and Stolley Park Road is also included in the project. On July 26, 2016, via Resolution No. 2016-175, City Council approved an agreement with Olsson Associates of Grand Island, Nebraska in the amount of $109,260.00 for Adams Street Paving District No. 1264. This agreement accounts for construction services, construction survey, and geotechnical analysis and reporting. Discussion The original agreement does not include day to day construction engineering services; only part-time construction observation/testing and staking services. Construction engineering services were to be accomplished by Public Works Engineering; however the division is not currently staffed to accommodate this needed service. The original agreement with Olsson Associates is now being supplemented to allow for additional engineering construction services, in the amount of $13,800.00 for a revised agreement of $123,060.00. This project will be a cost share between the City and Grand Island Public Schools. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 3/14/2017 Page 90 / 173 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 Amendment No. 1 to the original agreement with Olsson Associates of Grand Island, Nebraska, in the amount of $13,800.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/14/2017 Page 91 / 173 Grand Island Council Session - 3/14/2017 Page 92 / 173 Grand Island Council Session - 3/14/2017 Page 93 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-74 WHEREAS, on July 26, 2016, by Resolution No. 2016-175 the Grand Island City Council approved entering into an agreement with Olsson Associates of Grand Island, Nebraska in the amount of $109,260.00 for engineering consulting services for Adams Street Paving District No. 1264; and WHEREAS, the original agreement is now being amended to include engineering construction services for such paving project; and WHEREAS, such amendment is in the amount of $13,800.00, for a revised agreement amount of $123,060.00; and WHEREAS, Amendment No. 1 to the original agreement with Olsson Associates of Grand Island, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Olsson Associates of Grand Island, Nebraska for engineering construction services related to Adams Street Paving District No. 1264 is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 94 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-10 #2017-75 - Approving Amendment No. 1 to Engineering Consulting Agreement for Sanitary Sewer Collection System Rehabilitation – Various Locations Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/14/2017 Page 95 / 173 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 14, 2017 Subject:Approving Amendment No. 1 to Engineering Consulting Agreement for Sanitary Sewer Collection System Rehabilitation – Various Locations Presenter(s):John Collins PE, Public Works Director Background There are approximately 230 miles of gravity sewer within the City of Grand Island’s collection system. The majority of this infrastructure is between 26 and 75 years old, and between 8 and 18 inches in diameter. The majority of the sanitary sewer rehabilitations are related to old clay tile pipe and or damaged / dilapidated manholes. On August 23, 2016, via Resolution No. 2016-199, City Council approved an agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $45,861.82 for Sanitary Sewer Collection System Rehabilitation in various locations in the City. Discussion With no bids being received on February 21, 2017 for the Sanitary Sewer Collection System Rehabilitation – Various Locations; Project No. 2017-S-2 an amendment to the original agreement with Alfred Benesch & Company is requested. Such amendment will allow for repacking and rebidding the project to address open cut portions that are in immediate need of rehabilitation and repair. The remainder of the work will be addressed in the future. This amendment will be in the amount of $26,220.00 for a revised agreement of $72,081.82. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Grand Island Council Session - 3/14/2017 Page 96 / 173 Recommendation City Administration recommends that the Council approve Amendment No. 1 to the original agreement with Alfred Benesch & Company of Lincoln, Nebraska, in the amount of $26,220.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 3/14/2017 Page 97 / 173 Grand Island Council Session - 3/14/2017 Page 98 / 173 Grand Island Council Session - 3/14/2017 Page 99 / 173 Grand Island Council Session - 3/14/2017 Page 100 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-75 WHEREAS, on August 23, 2016, by Resolution No. 2016-199 the Grand Island City Council approved entering into an agreement with Alfred Benesch & Company of Lincoln, Nebraska in the amount of $45,861.82 for engineering consulting services for Sanitary Sewer Collection System Rehabilitation in various locations in the City; and WHEREAS, the original agreement is now being amended to allow repacking and rebidding of such paving project; and WHEREAS, such amendment is in the amount of $26,220.00, for a revised agreement amount of $72,081.82; and WHEREAS, Amendment No. 1 to the original agreement with Alfred Benesch & Company of Lincoln, Nebraska is required to proceed with this project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 1 with Alfred Benesch & Company of Lincoln, Nebraska for engineering consulting services related to Sanitary Sewer Collection System Rehabilitation in various locations in the City is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such amendment on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 101 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-11 #2017-76 - Approving Agreement with Olsson Associates for Environmental Services for Stolley Park Road Reconfiguration Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 3/14/2017 Page 102 / 173 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:March 14, 2017 Subject:Approving Agreement with Olsson Associates for Environmental 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. On February 28, 2017, via Resolution No. 2017-56, City Council approved an agreement between the City of Grand Island and Olsson Associates, Inc. of Grand Island, Nebraska to perform Preliminary Engineering Services for the Stolley Park Road Reconfiguration project. 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. 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 Grand Island Council Session - 3/14/2017 Page 103 / 173 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. Discussion Olsson Associates, Inc. of Grand Island, Nebraska was selected to perform Environmental 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 results. Olsson Associates, Inc. will be paid a fixed-fee-for-profit of $7,264.11 and up to a maximum amount of $55,988.70 for actual costs, resulting in a total amount of $63,252.81. 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 Environmental Services for Stolley Park Road Reconfiguration. Sample Motion Move to approve authorization for the Mayor to sign the agreement. 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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 NEPA 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, March 14, 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 - 3/14/2017 Page 138 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-12 #2017-77 - Approving Bid Award for Vinyl Sea Wall Construction - Sucks Lake South Shore Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 3/14/2017 Page 139 / 173 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:March 14, 2017 Subject:Bid Award for South Shore Vinyl Seawall Construction at Sucks Lake Presenter(s):Todd McCoy, Parks and Recreation Director Background Sucks Lake is a popular city park with trail access, picnic areas, playgrounds, and an urban lake. Citizens enjoy accessing the lake for viewing waterfowl and fishing. The lake is stocked with fish by the Nebraska Game and Parks Commission. The south shore of Sucks Lake has an existing block wall that is eroding from underneath. Erosion creates accessibility issues and if left unchecked will worsen, increasing the chance for failure of the existing wall. Grand Island Council Session - 3/14/2017 Page 140 / 173 Discussion The Parks and Recreation Department is recommending demolishing the existing block wall and adding a vinyl seawall to the south shore of Sucks Lake similar to the wall constructed in 2014 on the north side of the lake. The new wall is anticipated to provide excellent shoreline access for fishing and enhance the overall aesthetics of the lake. North Shore Before 2014 Construction North Shore After 2014 Construction Four bids were received for materials and installation of a vinyl seawall on the south side of Sucks Lake. Platte River Designs, Columbus, NE $137,780.00 Elite Dreamscapes, Grand Island, NE $148,985.00 Inland Marine Construction, Nebraska City, NE $201,349.70 General Excavating, Lincoln, NE $223,270.00 Staff recommends the low bid from Platte River Designs of Columbus to install the vinyl seawall. The project will be funded by Food and Beverage Tax revenue. 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 - 3/14/2017 Page 141 / 173 Recommendation City Administration recommends that the City Council award the bid for the installation of the Vinyl Seawall at Sucks Lake to Platte River Designs of Columbus, Nebraska. Sample Motion Move to approve the installation of the Vinyl Seawall at Sucks Lake to Platte River Designs for a total of $137,780.00. Grand Island Council Session - 3/14/2017 Page 142 / 173 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:March 2, 2017 at 2:15 p.m. FOR:Vinyl Sea Wall Construction – Sucks Lake South Shore DEPARTMENT:Parks & Recreation ESTIMATE:$200,000.00 FUND/ACCOUNT:21100003-2000 PUBLICATION DATE:February 12, 2017 NO. POTENTIAL BIDDERS:5 SUMMARY Bidder:Elite Dreamscapes General Excavating Grand Island, NE Lincoln, NE Bid Security:First National Bank Universal Surety Co. Exceptions:None None Bid Price: Price per Linear Ft.:$179.50 $269.00 Total Price:$148,985.00 $223,270.00 Bidder:Inland Marine Construction Platte River Designs Nebraska City, NE Columbus, NE Bid Security:Commercial State Bank Pinnacle Bank Exceptions:None None Bid Price: Price per Linear Ft.:$242.59 $166.00 Total Price:$201,349.70 $137,780.00 cc:Todd McCoy, Parks & Recreation Director Patti Buettner, Parks & Rec. Admin. Assist. Marlan Ferguson, City Administrator Renae Griffiths, Finance Director Stacy Nonhof, Purchasing Agent P1948 Grand Island Council Session - 3/14/2017 Page 143 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-77 WHEREAS, the City of Grand Island invited sealed bids for Vinyl Sea Wall Construction - Sucks Lake South Shore, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on March 2, 2017, four (4) bids were received, opened and reviewed; and WHEREAS, Platte River Designs from Columbus, NE submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $137,780.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Platte River Designs from Columbus, NE, in the amount of $137,780.00 for Vinyl Sea Wall Construction - Sucks Lake South Shore is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 144 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-13 #2017-78 - Approving Change Order #2 for Furnishing and Installation of New Restroom/Concession Building for the Veteran's Athletic Soccer Field Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 3/14/2017 Page 145 / 173 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:March 14, 2017 Subject:Approve Change Order No. 2; to Mid Plains Construction Co. of Grand Island, Nebraska for Furnishing and Installation of a New Restroom/ Concession Building at the Veteran’s Athletic Soccer Field Presenter(s):Todd McCoy, Parks and Recreation Director Background On December 13, 2016 City Council approved, by Resolution 2016-306, the bid award to Mid Plains Construction Co. to build a new restroom/concession building at the Veterans Athletic soccer field in the amount of $239,750.00. On December 27, 2016 City Council approved Change Order No. 1 increasing the amount of the contract amount to $244,113. Discussion During the Building Department plan review process some additions were called for which were previously not in the bid. The major item found was that the building needed to be raised up to meet floodplain requirements. Add one course of grouted solid CMU– exterior and interior, waterproofing, building fill, additional exterior fill and dirtwork. $8,281.00 Adjusting drinking fountain height. $ 0.00 Add (1) one ten pound fire extinguisher material and labor.$ 100.00 Add one each 18” grab bar in men and women’s restroom.$ 154.00 Re-dig footing 2’ further south, add 2’ block wall, and add necessary rebar to extend footing 2’.$ 980.00 Reposition two lighting fixtures.$ 0.00 The total additional cost of Change Order No. 2 is $9,515.00. Grand Island Council Session - 3/14/2017 Page 146 / 173 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve Veterans Restroom/Concession Construction Change Order No. 2 in the amount of $9,515.00. Doing so will increase the total amount of the contract with Mid Plains Construction to $253,628.00. Sample Motion Move to approve Change Order No. 2 to Mid Plains Construction of Grand Island, Nebraska for the construction of a new restroom/concession building. Grand Island Council Session - 3/14/2017 Page 147 / 173 Grand Island Council Session - 3/14/2017 Page 148 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-78 WHEREAS, on December 13, 2016 by Resolution 2016-306 and on December 27, 2016 by Resolution 2016-315, the City Council of the City of Grand Island awarded Mid Plains Construction Co. of Grand Island, Nebraska, the bid in the amount of $239,750.00 and Change Order amount of $4,363.00, for the Furnishing and Installation of a New Restroom/Concession Building at the Veteran’s Athletic Soccer Field; and WHEREAS, it has been determined during the Building Department plan review process some additions were called for which were previously not in the bid. The major item found was that the building needed to be raised up to meet floodplain requirements; and WHEREAS, such modifications have been incorporated into Change Order No. 2; and WHEREAS, the result of such modifications will increase the contract amount by $9,515.00 for a revised contract price of $253,628.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 2 between the City of Grand Island and Mid Plains Construction Co. from Grand Island, Nebraska to provide the modifications set out as follows: 1. Adding one course of grouted solid CMU on all walls – exterior and interior, waterproofing, building fill, additional exterior fill and dirtwork, landscaping. increase $8,281.00 2. Adjusting drinking fountain height. no charge $ 0.00 3. Add one ten pound fire extinguisher material and labor. increase $ 100.00 4. Add one each 18” grab bar in men and women’s restroom. increase $ 154.00 5. Re-dig footing 2’ further south, add 2’ block wall, and add necessary rebar to extend footing 2’. increase $ 980.00 6. Reposition two lighting fixtures. no charge $ 0.00 - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 149 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-14 #2017-79 - Approving Contract Amendment for Community Development Block Grant 13-CR-002 and 13-CR-102 Staff Contact: Charley Falmlen Grand Island Council Session - 3/14/2017 Page 150 / 173 Council Agenda Memo From:Charley Falmlen, Community Development Meeting:March 14, 2017 Subject:Approving Contract Amendment for Community Development Block Grant 13-CR-002, and 13-CR-102 Presenter(s):Charley Falmlen, Community Development Administrator Background The Nebraska Department of Economic Development (NDED) developed a Comprehensive Revitalization program to utilize Community Development Block Grant (CDBG) funds in non-entitlement communities. This program allocates grant funds over a multi-year period to meet locally identified needs that are CDBG eligible. Since 2013, the City of Grand Island has received $720,000 in CDBG Comprehensive Revitalization (CR) Funds. Since the original application for funding, contract amendments and multiple extensions have been granted, with a current contract end date of July 29, 2017. Discussion As mentioned above, there have been multiple contract amendments to this CR project. The original design of the project included Owner Occupied Rehabilitation, which is a housing renovation program for homeowners. The various contract amendments over the past 4 years have led to the removal of the Owner Occupied Rehabilitation program and replaced it with the work currently being done on Lions Club Park and the ADA ramps along 4th and 5th Street. For this reason, the National Objective, which qualifies CDBG work, needs to be amended. Under the original contract objectives, the National Objective was low to moderate income persons. This means the City was justifying CDBG use by the income of the individuals involved in program implementation. The National Objective will be changed to low to moderate income area. This new National Objective will allow the City to justify its CDBG expenditures by the average income of the entire work area, as opposed to the income of the individual program participants. Grand Island Council Session - 3/14/2017 Page 151 / 173 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the contract amendment 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 amendment. Sample Motion Move to approve the contract amendment request for Community Development Block Grants 13-CR-002 and 13-CR-102, and authorize the Mayor to sign all appropriate documents. Grand Island Council Session - 3/14/2017 Page 152 / 173 Grand Island Council Session - 3/14/2017 Page 153 / 173 Grand Island Council Session - 3/14/2017 Page 154 / 173 Grand Island Council Session - 3/14/2017 Page 155 / 173 Grand Island Council Session - 3/14/2017 Page 156 / 173 Approved as to Form ¤ ___________ March 10, 2017 ¤ City Attorney R E S O L U T I O N 2017-79 WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local government authorized to receive Community Development Block Grant (CDBG) contract amendment through the Nebraska Department of Economic Development; and WHEREAS, the Nebraska Department of Economic Development offers a CDBG Comprehensive Revitalization Grant for activities that meet the CDBG national objective of benefiting low-to-moderate income persons or areas; and WHEREAS, a 3 grants were awarded in the amount of $720,000 for the purposes of Comprehensive Revitalization; and WHEREAS, the City is requesting an contract amendment with the State of Nebraska related to the National Objective; and WHEREAS, the Nebraska Department of Economic Development presently requires certification of approval of the local governing body. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to apply for a contract amendment with the Nebraska Department of Economic Development for Comprehensive Revitalization Grants 13-CR-002 and 13-CR-102 and the Mayor is hereby authorized and directed to execute such proceedings on behalf of the City of Grand Island for such grant programs. - - - Adopted by the City Council of the City of Grand Island, Nebraska, and March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 157 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item G-15 #2017-80 – Approving Interlocal Agreement with the Nebraska Community Energy Alliance Staff Contact: Marlan Ferguson Grand Island Council Session - 3/14/2017 Page 158 / 173 Council Agenda Memo From:Marlan Ferguson, City Administrator Meeting:March 28, 2017 Subject:Interlocal Agreement with the Nebraska Community Energy Alliance Presenter:Marlan Ferguson, City Administrator Background The Nebraska Community Energy Alliance (NCEA) was founded in 2014 by nine Nebraska Communities to sponsor the first Nebraska Environmental Trust (NET) grant of $403,000 to purchase electric and compressed natural gas vehicles and Charge Point charging station to demonstrate the economic and air quality benefits. Today, NCEA is 26 members and growing. The City of Grand Island has been asked to join this Alliance. Discussion The cost to join the Alliance is $1,000 and an interlocal agreement must be approved. Other member communities in this include Hastings, Kearney, Holdrege, Minden, Lexington, and Central City among others. The addition of Grand Island as a member provides a strategic partner that strengthens the Nebraska alternative energy network. The City would be eligible for grants to purchase electric/gas vehicles and multiport public charging stations. 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 - 3/14/2017 Page 159 / 173 Recommendation City Administration recommends that the City Council approve the Interlocal Agreement with the Nebraska Community Energy Alliance. Sample Motion Move to approve the Interlocal Agreement with the Nebraska Community Energy Alliance. Grand Island Council Session - 3/14/2017 Page 160 / 173 NEBRASKA COMMUNITY ENERGY ALLIANCE INTERLOCAL COOPERATION AGREEMENT (Amended and Restated as of October 2015) THIS NEBRASKA COMMUNITY ENERGY ALLIANCE INTERLOCAL COOPERATION AGREEMENT (“Amended & Restated Agreement”) is made and entered into by and among the following political subdivisions (“Original Members”): 1.City of Bellevue, Nebraska 2.Central City, Nebraska 3.City of Gothenburg, Nebraska 4.City of Holdrege, Nebraska 5.City of Lexington, Nebraska 6.City of Nebraska City, Nebraska 7.City of Seward, Nebraska 8.South Sioux City, Nebraska 9.City of Wayne, Nebraska and such other parties (“New Members”) that may join in this Agreement as herein provided. The Original Members and New Members are individually referred to as an NCEA member or member of NCEA and collectively referred to as “NCEA members” or “members of NCEA”): WHEREAS, the above-named nine (9) Original Members have previously entered into an INTERLOCAL COOPERATION AGREEMENT BETWEEN THE POLITICAL SUBDIVISION OF THE STATE OF NEBRASKA, FOR THE ADVANCEMENT OF COMPRESSED NATURAL GAS AND ELECTRIC VEHICLE INFRASTRUCTURE AND COMPRESSED NATURAL GAS AND ELECTRIC VEHICLE USE to form the Nebraska Community Energy Alliance (“NCEA”) in connection with each respective Original Member’s "commitment to participate" submitted to the Nebraska Environmental Trust (“NET”) concerning the NET-sponsored project, Connecting Nebraska Communities Driving America's Fuel! ("NET-CNCDAF Project 14/149"); WHEREAS, the Original Members have found it necessary to amend the existing Interlocal Agreement to provide a mechanism to allow additional public agencies as defined in the Nebraska Interlocal Cooperation Act (Neb. Rev. Stat. §§ 13-801 to 13-827 (Reissue 2012)) (“Interlocal Act”) as the same may from time to time be amended and entities to join the NCEA together with a need to amend certain provisions of the previously executed Interlocal Agreement; WHEREAS, the Original Members of the NCEA desire to have a single document that describes the amended agreement of the parties and, therefore, the original Interlocal Agreement is superseded by this Amended & Restated Agreement; WHEREAS, the members of the NCEA for their common good desire to enter this Amended & Restated Agreement pursuant to the Nebraska Interlocal Cooperation Act, NEB. REV. STAT. §§ 13-801 to 13-827 (Reissue 2012) ("Interlocal Act") as the same may from time- Grand Island Council Session - 3/14/2017 Page 161 / 173 to-time be amended, for the purpose of identifying, applying for, administering or otherwise making available to its members such grants or funding sources as are proper under this Agreement; NOW, THEREFORE, in consideration of the foregoing and the terms and conditions set forth below, the members of NCEA being parties hereto agree as follows: 1.Creation. The NCEA members hereby create a joint entity to be known as the "Nebraska Community Energy Alliance" hereinafter referred to as "NCEA" which shall constitute a separate body politic. The NCEA shall function as a local subdivision of government which shall be empowered to make all financial and policy decisions affecting the purpose for which it is created. 2.Purpose. The NCEA is organized by and for Nebraska’s communities to promote transportation and housing choices that include lifecycle cost of ownership, retained energy value, and economic competitiveness by coordinating and leveraging federal and state policies and investments to community projects demonstrating direct high impact. 3.Membership Board. The affairs, actions, and conduct of the business of the NCEA shall be by the Membership Board ("Board"). The Board shall exercise authority over NCEA in accordance with applicable laws and shall set the policy delegating to its officers, agents, and committees as appropriate. Membership Board Composition. The Membership Board shall consist of one representative from each NCEA member which representative shall be appointed by resolution of the governing body of such member. Each NCEA member may at its discretion appoint one alternative representative who will represent that NCEA member in the event the representative is unable to attend a meeting of the Board. The representative and alternate shall serve at the pleasure of his or her respective organization. Any vacancy which occurs in the Board shall be filled within thirty days through the appointment of a replacement by the respective NCEA member. a.Eligibility. In addition to any other eligibility requirements, a Board candidate must be a NCEA member representative. No NCEA member may be represented by more than one (1) representative on the Board. b.Vacancies. If a member of the Board of Directors at any time during his or her term of office no longer meets the requirements for the initial appointment of the member, or resigns or no longer is able to serve as a member of the Board of Directors, the office of such Board member shall be deemed to be vacant as of the date such Board member no longer meets such requirements or resigns or is no longer able to serve as a member of the Board. A vacancy on the Board shall be filled by appointment of a new Grand Island Council Session - 3/14/2017 Page 162 / 173 representative by resolution of the applicable governing body represented by the vacant Board member. c.Meetings and Conduct of Business. Meetings of the Board shall be conducted at least annually and at such other frequent times as may be required by the business of NCEA or governing law. A majority of Board members shall constitute a quorum for the transaction of business provided that the Board shall have no authority to approve any item before the Board, except by an affirmative vote from a majority of its members, unless otherwise specifically required by law. Meetings shall be conducted in accordance with the Nebraska Open Meetings Act, NEB. REV. STAT. §§ 84-1407 (Reissue 2014), et. seq. as the same may from time-to-time be amended. Robert's Rules of Order, latest edition, shall govern all meetings of the Board of Directors. d.Teleconferencing shall be allowed provided that NCEA follows state restrictions on its use. e.Officers of the Board. The Board shall select a chairman, vice- chairman, secretary, and treasurer. i.Chairman. The Chairman shall preside at all meetings of the Board and have such general powers and duties of supervision and management as shall be necessary and germane or required for the execution and prosecution of the affairs of NCEA. ii.Vice-Chairman. The Vice-Chairman shall serve in the absence of the Chairman and, in the Chairman's absence, shall have all of the powers and duties of the Chairman and shall have such other powers and duties as the Chairman or members shall from time-to-time delegate to the Vice-Chairman. iii.Secretary. The Secretary shall keep minutes of all meetings conducted by NCEA and shall be the keeper of the records of NCEA. iv.Treasurer. The Treasurer shall prepare and submit in writing a quarterly report of the state of finances of NCEA and pay NCEA money only upon authorization granted by the Board or Chairman. Payment of all accounts under authorization shall be made on check signed by the Treasurer. In addition to the foregoing, the officers shall have such other and additional duties, powers, privileges, and authority as the Board may, in its bylaws or otherwise, determine appropriate or necessary. f.Executive Board Composition. The Executive Board shall consist of the four Membership Board Officers and two At Large members elected by the Membership Board. Grand Island Council Session - 3/14/2017 Page 163 / 173 Executive Board elections will be held annually at NCEA’s Annual Membership Meeting. NCEA Executive Board will meet at a minimum quarterly to monitor organizational operations and conduct routine business. 4.Projects. a.NET-CNCDAF Project 14/149. With respect to the NET-CNCDAF Project 14/149, the members participating in such Project agree to cooperate with each other and other public agencies on electric vehicle infrastructure and compressed natural gas and electric vehicle use project activities at the earliest practical time to avoid delays and duplication of effort later, head off potential conflicts, and ensure that planning and project development decisions reflect environmental values. Participating members agree to coordinate to reduce duplication between requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and state and local planning and environmental review requirements, unless the agencies are specifically barred from doing so by applicable law. Members participating in the NET-CNCDAF Project 14/149 also agree to provide a minimum of a 50/50 match as may be required by grants or up to $15,000 per vehicle and $3,600 per electric vehicle infrastructure. Said members further agree to provide appropriate insurance coverage for all equipment and vehicles purchased or leased pursuant to the NET- CNCDAF Project 14/149. Participating members also agree to provide information identifying potential impacts and mitigation issues in a combined method. b.Other Projects and Granting Agencies. As determined by the NCEA Board, NCEA may develop and administer other projects and seek funding for the same. "Other projects" shall be broadly construed but must be consistent with NCEA's purpose, this Agreement, and applicable laws and regulations. "Granting agency" as used in this Agreement, shall also be broadly construed as any entity, individual, or agency providing funding which is developed or administered by NCEA. No project may be developed or administered, nor agreement with any granting agency be entered into, by NCEA unless first being approved by the NCEA Board of Directors. 5.Additional Members. a.Method. The Board may invite other public agencies to join the NCEA, and such invitees shall become a New Member by executing a New Member Counterpart of this Agreement and making the initial contribution as described in Paragraph 7.a of this Agreement. b.Participation Rights. A New Member shall not be guaranteed opportunity to participate in grants or other projects in which NCEA is already involved on the date the New Member joins NCEA. A New Member is entitled to consideration by NCEA for participation in any grants or projects in which NCEA becomes involved after the date on which the member joins NCEA. Grand Island Council Session - 3/14/2017 Page 164 / 173 6.Powers and Responsibilities.The powers and responsibilities of NCEA as carried out by the Board shall include, but not be limited to the following: a.Set budgets and to provide for a system of budgeting, accounting, auditing, and reporting of all NCEA funds and transactions for a depository and for the bonding of employees and officials; b.Establish the fiscal year of the NCEA and establish fiscal policies; c.Establish reasonable rules and regulations for the participation in NCEA and participate in any project or funding opportunity obtained or administered by NCEA; d.Seek and obtain contracts, agreements and other arrangements whereby NCEA or its members will receive support and assistance for the purpose of pursuing the objects and purposes of NCEA from such other entities as NCEA from time to time shall determine necessary or appropriate, including, but not limited to, for-profit and non-profit organizations, and all other persons, provided, however, such contract shall not exceed any authority or powers delegated to NCEA by its members; e.Provide for the identification, obtaining, maintenance, management, reporting, and administration of projects for grant and funding opportunities to further the best interests of the political subdivisions which are parties hereto and the citizens of such political subdivisions consistent with the purpose of NCEA; f.Contract for the delegation or performance of duties imposed upon it herein including, but not limited to, the budgeting, accounting, auditing, and reporting and such other professional services including, but not limited to, legal services, financial services, and accounting services. Such contract may be with an outside party or other appropriate vendors. Such contract may be entered into with and between nonparties to this Agreement or with NCEA members; g.Manage and review operations; h.Address any related questions and concerns of the general public; i.Make application for any permits or licenses required by regulating agencies; j.Hire and fire such personnel as are needed to carry out the objectives of NCEA, fix their compensation benefits, enact personnel rules and regulations, and enter into employment agreements; Grand Island Council Session - 3/14/2017 Page 165 / 173 k.Adopt bylaws and standard operating procedures regarding the organization and operation of the NCEA and amend and repeal bylaws, rules, regulations, or standard operations to carry out and effectuate its powers and purposes; l.Make application for and receive grants related to the purposes for which NCEA was formed; m.Borrow funds as necessary; n.Contract with and compensate consultants for professional services including, but not limited to, lawyers, accountants, and others necessary or useful and convenient to the purposes of NCEA; o.Sue and be sued; p.Acquire, hold, use and dispense appropriately of funds received; q.Acquire, hold, use and dispose of real and personal property for the purposes of the NCEA; r.Make or cause to be made any action necessary or useful and convenient to carrying out the functions of the NCEA; s.Have a seal and alter the same at pleasure or dispose with the necessity thereof; t.Make application for, receive, and accept donations, gifts, grants, the guest appropriations, or other contributions or assistance and monies, services, materials, or otherwise from the United States or any of its agencies from the State or any of its agencies or political subdivisions or from any persons and to use or expend all such contributions in carrying out its operations not inconsistent with the requirements thereof; u.Establish advisory groups and/or committees by appointing individuals to carry out the purposes of NCEA and pay necessary and proper expenses of such group as the Board shall determine and dissolve such groups; v.Select a financial agent and invest funds or property as allowed under law and in accordance with requirements imposed by any granting agency; w.Purchase insurance, bond any employee or agent, for the purpose of protecting NCEA and its members against liability related to the operation or functions of NCEA; Grand Island Council Session - 3/14/2017 Page 166 / 173 x.Employ such persons as are necessary to carry out the purposes of NCEA and pay the necessary and proper expenses of said persons; and y.Make and execute contracts, leases, and other instruments necessary or convenient to the exercise of its powers. z.All other powers authorized by the Interlocal Cooperation Act, Neb. Rev. Stat. § 13-801 et seq. 7.Finances and Budget. a.Funding. Annually or at such other frequent intervals as the Board may determine, each of the NCEA members shall contribute such funds as are necessary to conduct the operations of NCEA. Each NCEA member shall make an initial contribution of One Thousand Dollars ($1,000.00). This initial contribution shall be deposited in an account in the name of NCEA at a bank insured by the FDIC and selected by the Board. b.Assessment. NCEA shall be funded by the revenues derived from granting agencies and/or other sources identified by the Board, provided, however, that in the event that funds derived from granting agencies and other sources identified by the Board are insufficient to service debt of NCEA, then in and in that event, the members of NCEA shall be assessed on proportional basis based on total funding received by the member during the preceding 24 month period as compared to total funding received by all NCEA members during the same preceding 24 month period, as determined as of the date of assessment. Each NCEA member shall have 60 days after receipt of notice from NCEA that an assessment is due to contribute its share of the funds required under the terms of the assessment. c.Budget. In addition to any budget, reporting, or other financial requirements of any particular project or imposed by a granting agency, the NCEA Board shall, annually, beginning no more than 30 days after the formation of the NCEA and commencement of business, and continuing each year thereafter during the existence of the NCEA, establish and adopt a budget for the administration and management of the projects undertaken by the NCEA in fulfillment of its purpose. Upon completion of the budget, the Board shall determine the assessment to be submitted by each NCEA member and shall thereafter assess each NCEA member for said amount if any said amount has been determined as an assessment. 8.Conflicts of Interest. The members of NCEA agree to act in good faith in fulfilling the purpose of NCEA. It is expressly acknowledged and agreed that the NCEA is a public body and no profit or dividend will inure to the benefit of any individual. No Board member, public official, contractor or agent representing NCEA shall transact any business in his or her official NCEA capacity with any entity in which he or she, or any member of his or her immediate family, has a personal interest, without prior approval of the NCEA Board. Grand Island Council Session - 3/14/2017 Page 167 / 173 9.Limitation of Liability. a.Indemnification. Each NCEA member shall indemnify and hold harmless NCEA against any and all losses, claims, liabilities, suits or judgments, costs and expenses suffered by NCEA as a result of the member's breach of any obligation undertaken by such member or representation made by such member. NCEA shall likewise indemnify and hold harmless each NCEA member against any and all losses, claims, liabilities, suits or judgments, costs and expenses suffered by such member as a result of NCEA's breach of any obligation undertaken by NCEA. b.Right to Inspect. Each NCEA member shall have the right to inspect the books or records maintained by NCEA upon demand made to NCEA and costs of such inspection shall be the responsibility of the inspecting member. c.Participation. No NCEA member shall be liable for any expenses or costs with respect to any project in which the member is not a participant or a recipient of funding or other benefit. 10.Adherence to Applicable Requirements. The NCEA members agree to: a.Pass appropriate ordinances or resolutions requiring compliance with any reporting or other requirements imposed by applicable law, NCEA or a granting agency; and b.Submit such forms, financial reporting, or other information as is required by applicable law, NCEA or a granting agency. 11.Withdrawal of Member. In the event any member of NCEA desires to withdraw from this Agreement, said member shall forfeit any future opportunities for funding administered by NCEA, but shall remain liable for fulfilment of any obligation undertaken by the withdrawing member with respect to any granting agency, or the NCEA, and shall remain responsible for any unpaid assessments assigned to the member by the NCEA and any financial assurances that may have been provided by the member to the NCEA or a granting agency. Any member seeking to withdraw from membership in NCEA shall file in the office of NCEA a certified copy of the resolution of the member's governing body approving withdrawal and the withdrawal shall be effective upon such filing. Grand Island Council Session - 3/14/2017 Page 168 / 173 12.Termination of Agreement. a.Duration. NCEA shall continue in existence and operation for the active life of the NET-CNCDAF Project 14/149, including all phases of the NET-CNCDAF Project 14/149, and thereafter as determined by the Board to be beneficial to the constituents of the members hereto, unless terminated as herein provided, but this Agreement shall terminate on or before the date which is sixty (60) years after execution of this Agreement by the first member unless extended in writing and approved by the Board. b.Dissolution. NCEA may be dissolved by the governing bodies by a majority of the NCEA members adopting resolutions approving such dissolution, provided that NCEA may not be dissolved until all funding obligations, including but not limited to any reporting or other obligations to a granting agency, outstanding notes, agreements, or contractual obligations and legal claims shall have been satisfied in full. Upon dissolution of NCEA, each member shall become the owner of a fractional undivided interest in all remaining assets of NCEA. Each member's undivided fractional interest in such assets shall be determined in accordance with the total membership of NCEA at time of dissolution. 13.Miscellaneous. a.Amendment and Modification. This Agreement may be amended or modified only upon approval of a majority of the NCEA Membership Board. b.Assignment. No member may assign its rights under this Agreement. c.Counterparts. Original counterparts of this Agreement shall be executed and delivered by each Original and New member to the NCEA. Executed originals shall be placed on file at an office designated by the Board. The NCEA members agree that the separately executed copies of this Agreement constitute the NEBRASKA COMMUNITY ENERGY ALLIANCE INTERLOCAL COOPERATION AGREEMENT of the NCEA and shall be given full force and effect. d.Effective Date. This Agreement shall become effective upon the signing of all governing bodies of the respective original nine (9) named members hereto after each such member has adopted resolution approving and authorizing the execution of this Agreement. The NCEA established hereby shall come into existence upon the first meeting of the NCEA at a duly called public meeting. Each NCEA member shall provide to the NCEA a certified copy of each resolution approving and authorizing the execution of this Agreement and designating a Voting Delegate for the purpose of the annual membership meeting. e.Governing Law. This Agreement and all disputes related to or arising therefrom shall be governed, construed, and enforced in accordance with the laws of the Grand Island Council Session - 3/14/2017 Page 169 / 173 State of Nebraska, without regard to conflict of law rules, and exclusive jurisdiction of any dispute shall rest with the courts of the State of Nebraska. f.Integration. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by any party other than those expressly set forth herein. All prior and contemporaneous negotiations, discussions, memos and other writing are merged and incorporated herein, it being the intention of the parties that this be a final and full expression of the their agreement. No agent, employee or other representative of any party hereto is empowered to alter any of the terms herein unless such alteration is done in writing and signed by all parties hereto. g.Severability. If any provision, term, or clause in this Agreement is held unenforceable, then the remaining provisions of this Agreement shall remain in full force and effect. h.Headings. The headings used in this Agreement are for convenience only and shall not be used to construe the terms of this Agreement. Grand Island Council Session - 3/14/2017 Page 170 / 173 IN WITNESS WHEREOF, the below New Members have signed and executed this agreement on the dates shown next to their respective signatures as follows: (Name of New Member) By: Date: Print name and title: Grand Island Council Session - 3/14/2017 Page 171 / 173 Approved as to Form ¤ ___________ March 14, 2017 ¤ City Attorney R E S O L U T I O N 2017-80 WHEREAS, the City of Grand Island, Nebraska, desires to enter into an Interlocal Cooperation Agreement with the Nebraska Community Energy Alliance and to become a member thereof, for the purpose of identifying, applying for, administering, or otherwise obtaining grants and funding sources which are available to the members thereof. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: The City of Grand Island hereby approves the Nebraska Community Energy Alliance Interlocal Cooperation Agreement (Amended and Restated as of October 2015) and authorizes the Mayor to execute said Agreement on behalf of the City. The City of Grand Island hereby appoints the City Administrator to serve as the City’s representative on the Membership Board for the Nebraska Community Energy Alliance. - - - Adopted by the City Council of the City of Grand Island, Nebraska, March 14, 2017. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 3/14/2017 Page 172 / 173 City of Grand Island Tuesday, March 14, 2017 Council Session Item J-1 Approving Payment of Claims for the Period of March 1, 2017 through March 14, 2017 The Claims for the period of March 1, 2017 through March 14, 2017 for a total amount of $2,806,214.12. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 3/14/2017 Page 173 / 173