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10-22-2019 City Council Regular Meeting Packet City of Grand Island Tuesday, October 22, 2019 Council Session Agenda City Council: Jason Conley Vacant Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Mark Stelk Mayor: Roger G. Steele City Administrator: Jerry Janulewicz City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street, Grand Island, NE 68801 Grand Island Council Session - 10/22/2019 Page 1 / 217 City of Grand Island Tuesday, October 22, 2019 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 Dan Bremer, Grace Lutheran Church, 545 East Memorial Drive 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 - 10/22/2019 Page 2 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item E-1 Public Hearing on Zoning Change located at 721 West 9th Street from R4-High Density Residential to B2-General Business Zone (Juan and Elena Montejo) Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 10/22/2019 Page 3 / 217 Council Agenda Memo From:Regional Planning Commission Meeting:October 22, 2019 Subject:Change of Zoning from R4 High Density Residential to B2 General Business Presenter(s):Chad Nabity AICP, Regional Planning Director Background The owners of 721 West 9th Street are requesting that the zoning on property be changed from R4 High Density Residential to B2 General Business. They own the car lot across the alley to the south and intend to use this building, formerly a beauty salon, as their office. Discussion At the regular meeting of the Regional Planning Commission, held October 2, 2019 the above item was considered following a public hearing. O’Neill opened the public hearing. Rashad Moxey, staff planner, presented the case to the planning commission. No members of the public spoke at the meeting. O’Neill closed the public hearing.\ A motion was made by Monter and second by Robb to approve the zoning change of 721 W. 9th Street (lot 5 of H.G. Clarks Addition) from R4 High Density Residential to B2 General Business Zone. The motion carried with eleven members in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Robb, Rubio, Monter, Rainforth, Hendrickson, and Randone) no members voting no. The memo sent to the planning commission with staff recommendation is attached for review by Council. Grand Island Council Session - 10/22/2019 Page 4 / 217 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the comprehensive plan amendment and rezoning request as presented 2.Modify the comprehensive plan amendment and rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance as presented. Grand Island Council Session - 10/22/2019 Page 5 / 217 Agenda Item 6 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: October 2, 2019 SUBJECT: Zoning Change (C-02-2020GI) PROPOSAL:The Regional Planning Department staff is recommending a change of zoning be considered for property located at 721 W 9TH Street. An application has been made to rezone BLK 10 LT 5 of H. G. Clarks Addition located south of 9TH Street and east Eddy Street from R4 High Density Residential to B2 General Business Zone. The owners intend on using the newly acquired property for office purposes for an existing used car lot located directly south of the property at the intersection of 8TH and Eddy. OVERVIEW: Site Analysis Current zoning designation:R4- High Density Residential Permitted and conditional uses:R4- Residential uses at a density of 43 dwelling units per acre with 60% coverage, recreational uses, non-profit and institutional uses along with agricultural use Comprehensive Plan Designation:Mixed Use Commercial Existing land uses.Commercial Use Proposed Zoning Designation B2- General Business Zone Intent of zoning district:B2: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. Permitted and conditional uses: B2: Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. Adjacent Properties Analysis Current zoning designations:North: R4- High Density Residential, South: B2- General Business Zone, East: R4- Density Residential, West: R4- High Density Residential Intent of zoning district:R4: The intent of this zoning district is to provide for residential uses at a maximum density of forty-three dwelling units per acre with supporting community facilities. Grand Island Council Session - 10/22/2019 Page 6 / 217 This zoning district is also used as a transitional zone between lower density residential zones and office, business, or manufacturing zones. B2: The intent of this zoning district is to provide for the service, retail and wholesale needs of the general community. This zoning district will contain uses that have users and traffic from all areas of the community and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses are permitted at the density of the (R-4) High Density Residential Zoning District. Permitted and conditional uses:R4: Residential uses at a density of 43 dwelling units per acre with 60% coverage, recreational uses, elderly housing, group care home for less than eight (8) individuals, non-profit and institutional uses along with agricultural use B2: Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. Existing land uses:North: Residential South: Commercial East: Residential West: Residential EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for Mixed Use Commercial a combination of commercial and residential uses. Consistent with the existing Commercial development: This property is adjacent to a high volume corridor; the proposal will act as traffic barrier for residential neighborhoods. Walkable Communities: The proposal will allow for future commercial developments to be relatively close to homes, allowing for easy access and short walkable trips for residents. Consistent with existing uses: This change is consistent with the existing uses in the area. Proposed change will be consistent with the current usage of the existing building: This change will eliminate the need for a conditional use permit that was previously grant for commercial use of this property. Negative Implications: Grand Island Council Session - 10/22/2019 Page 7 / 217 None foreseen. Other Considerations This proposal is consistent with the 2004 comprehensive plan. The proposed property has been designated possible commercial and residential uses as shown below on the Future Land Use Map for the City of Grand Island. Grand Island Council Session - 10/22/2019 Page 8 / 217 Figure 1 Future Land Use Map from the Grand Island Comprehensive Plan Grand Island Council Session - 10/22/2019 Page 9 / 217 RECOMMENDATION: That the Regional Planning Commission recommends that the Grand Island City Council change the zoning on this site from RO – Residential Office to B2 General Business. ___________________ Chad Nabity Grand Island Council Session - 10/22/2019 Page 10 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item E-2 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 12 for Site Specific Redevelopment Plan for Phase 3 Funding for Copper Creek located South of Old Potash Highway and East of Engleman Road (Guarantee Group, LLC) Council action will take place under Resolutions item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 10/22/2019 Page 11 / 217 Council Agenda Memo From:Chad Nabity, AICP Meeting:October 22, 2019 Subject:Site Specific Redevelopment Plan for CRA Area #1 Reconsideration of Resolution #2019-171 Presenter(s):Chad Nabity, AICP CRA Director Background In 2013, the Grand Island City Council declared property referred to as CRA Area #12 as blighted and substandard and approved a generalized redevelopment plan for the property. A redevelopment plan was approved authorizing up to 620 new homes within the area. A total of 213 houses were built in Phase 1 of this project. In 2018 the developer was approved for an additional 80 houses. At that time it was indicated that they would not be continuing the development. During Council meetings in 2019 the developer testified regarding other housing projects by other developers and was encouraged by some Council members to apply continue this project and bring forward another TIF application. The developer is requesting tax increment financing (TIF) for the final 212-226 houses within the development. The TIF will be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. The Guarantee Group LLC. has submitted a proposed amendment to the redevelopment plan that would provide for redevelopment of this property for residential purposes. The CRA reviewed the proposed development plan on September 18, 2019 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on October 2, 2019. The CRA also sent notification to the City Clerk of their intent to enter into a redevelopment contract for this project pending Council approval of the plan amendment. The Hall County Regional Planning Commission held a public hearing on the plan amendment at a meeting on October 2, 2019. The Planning Commission approved Resolution 2020-01 in support of the proposed amendment, declaring the proposed amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 318 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. Grand Island Council Session - 10/22/2019 Page 12 / 217 Discussion Tonight, Council will hold a public hearing to take testimony on the proposed plan (including the cost benefit analysis that was performed regarding this proposed project) and to enter into the record a copy of the plan amendment that would authorize a redevelopment contract under consideration by the CRA. Council is being asked to approve a resolution approving the cost benefit analysis as presented in the redevelopment plan along with the amended redevelopment plan for CRA Area #12 and authorizes the CRA to execute a contract for TIF based on the plan amendment and to find that this project would not be financially feasible at this location without the use of TIF. The redevelopment plan amendment specifies that the TIF will be used to offset allowed costs for redevelopment for improvements including the installation of streets, sewer, water, storm sewer, site grading and demolition to develop 20 residential lots. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for an eligible TIF project and that it will not negatively impact existing services within the community or shift additional costs onto the current residents of Grand Island and the impacted school districts. The bond for this project will be issued for a period of 15 years. The proposed bond for this project will be issued for the amount of $9,200,626. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the resolution 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation The CRA and Hall County Regional Planning Commission recommend that the Council approve the Resolution necessary for the adoption and implementation of this plan. Sample Motion Move to approve the reconsider approval of the resolution. Grand Island Council Session - 10/22/2019 Page 13 / 217 Redevelopment Plan Amendment Grand Island CRA Area #12 September 2019 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to approve a Redevelopment Plan for Area #12 within the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific infrastructure related project in Area #12. Executive Summary: Project Description THE ORIGINAL PLAN FOR THIS DEVELOPMENT CALLED FOR THE COSTRUCTION OF UP TO 620 UNITS OF SINGLE FAMILY HOUSING WITH UP TO 239 WITH THE FIRST PHASE TO BE DEVELOPED AT MARKET DEMAND ESTIMATED AT 15 TO 30 UNITS PER YEAR. THE FINAL COUNT OF THE FIRST PHASE WAS 208 INSTEAD OF 239 AS THE LOT SIZES WERE INCREASED SLIGHTLY. THE SECOND PHASE OF THIS DEVELOPMENT ANTICIPATES THE USE OF TAX INCREMENT FINANCING FOR THE NEXT 80 UNITS OF SINGLE FAMILY HOUSING. THE PROPOSED THIRD PHASE OF THE PROJECT WILL BE BETWEEN 212 AND 226 HOMES. THIS WILL FINISH THE PROJECT WITH A MAXIMUM NUMBEROF 514 UNITS, 106 LESS THAN ORIGINALLY PLANNED. IT WAS ANTICIPATED AT THE BEGINNING OF THIS PROJECT THAT THERE WOULD BE ADDITIONAL PHASES THAT WOULD NEED APPROVAL. THE DEVELOPER HAS INDICATED THAT THE CONSTRUCTION OF 212-226 UNITS OF SINGLE FAMILY HOMES. THE HOMES TO BE CONSTRUCTED WILL HAVE AN INTIAL SALE PRICE OF BETWEEN $189,500 AND 4218,850 IN 2019 THAT MEET THESE MINIMUM SPECIFICATIONS 1200-1,450 SQUARE FEET FINISHED FIRST FLOOR, FULL UNFINISHED BASEMENT, KITCHEN APPLIANCES, CENTRAL HEATING AND AIR CONDITIONING, LANDSCAPING AND SPRINKLED LAWN. THE HOUSES WILL BE CONSTRUCTED WITHIN THE COPPER CREEK SUBDIVISION LOCATED SOUTH OF OLD POTASH HIGHWAY AND EAST OF ENGLEMAN ROAD. THE PROJECT WILL INCLUDE THE PUBLIC IMPROVEMENTS NECESSARY TO SUPPORT THIS DEVELOPMENT INCLUDING BUT NOT LIMITED TO INSTALLATION OF STREET, STORMWATER FACILITIES, WATER AND SANITARY SEWER UITILITIES, ENGINEERING, SURVENYING, LANDSCAPING AND OTHER IMPROVEMENTS AS NECESSARY. THE CONSTRUCTION OF ADDITIONAL UNITS AND ANY AD VALORUM REVENUE GENERATED BY THOSE ADDITIONAL UNITS SHALL BE SUBJECT TO APPROVAL OF THE CITY AND SUBSEQUENT CONTRACTS BETWEEN THE CRA AND THE DEVELOPER. Grand Island Council Session - 10/22/2019 Page 14 / 217 The developer intends to use Tax Increment Financing to aid in site development including necessary site work, installation of streets, storm sewer, sanitary sewer, water, other utilities and engineering, surveying and other consultant costs associated with and necessary for the redevelopment of this property. The developer intends to build single family homes ranging from 1300 to 1450 square feet on each lot. The 2019 sale price of these homes will be range from $189,850 for homes built on 40’ wide lots in the R3-SL zoning district to $218,850 for lots in the R2 zoning district. The developer expects to build between 212 and 226 units in as many as fifteen phases of development. The original approved preliminary plat for this project anticipated 620 homes. Some changes have been made to the proposed development. Phase 1 was reduced from 239 homes (plus the 5 house from the first attempt at developing this property) to 213 homes by increasing the lot sizes. Phase two anticipates 80 additional lots, the water tower site has reduced the number of lots in the southwest corner. The proposed plan to develop this with 514 units of housing is largely consistent with current approved preliminary plat for the Copper Creek Subdivision. The developer intends to install the infrastructure for phase three of this project in as many as fifteen intervals to create the 212 to 226 additional lots south of the existing streets. The third phase is designed to serve the next 226 lots and finish out the development. The tax increment from the new home construction will be used to make necessary site improvements and utility extensions to support this development. This project would not be possible in an affordable manner without the use of TIF. The site is owned by Guarantee Group, LLC. All site work, demolition, streets and utilities will be paid for by the developer. The developer is responsible for and will provide evidence that they can secure adequate debt financing to cover the costs associated with the acquisition, site work, engineering, surveying and utility and street infrastructure. The Grand Island Community Redevelopment Authority (CRA) intends to pledge the ad valorem taxes generated beginning January 1, 2021 towards the allowable costs and associated financing for the acquisition, site work, streets and utility infrastructure. The CRA also intends to continue pledging ad valorem taxes generated by future phases of this development in future contracts for Tax Increment Financing during the life of this project. TAX INCREMENT FINANCING TO PAY FOR THE DEVELOPMENT OF THE PROPERTY WITH STREETS, SANITARY SEWER, STORM SEWER, WATER OTHER UTILITIES AND RELATED SITE WORK WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) This property is located south of Old Potash Highway and east of Engleman Road in northwest Grand Island. The attached map identifies the subject property and the surrounding land uses: Grand Island Council Session - 10/22/2019 Page 15 / 217 Legal Descriptions A TRACT LOCATED IN PART OF THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 11 NORTH, RANGE 23 WEST OF THE 6TH PM, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT 1,059.29' FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 23 TOWNSHIP 11 NORTH, RANGE 10 WEST, HALL COUNTY, NEBRASKA ALSO BEING THE SOUTHWEST CORNER OF COPPER CREEK ESTATES EIGHTH SUBDIVS ION; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID COPPER CREEK ESTATES EIGHTH SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 17, COPPER CREEK ESTATES EIGHTH SUBDIVISION; THENCE NORTH ALONG THE EASTERLY LINE OF SAID LOT 17 TO THE NORTHEAST CORNER OF LOT 17, COPPER CREEK ESTATES SUBDIVISION, ALSO BEING A POINT ON THE SOUTH LINE OF INDIAN GRASS ROAD AND THE SOUTH WEST CORNER OF COPPER CREEK ESTATES SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF SAID INDIAN GRASS ROAD TO THE NORTHWEST CORNER OF LOT 1, COPPER CREEK ESTATES SUBDIVISION; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 1, TO THE SOUTHWEST CORNER OF LOT 1 COPPER CREEK SUBDIVISION; THENCE EAST ALONG THE SOUTH LINE OF LOTS 1-7 OF SAID COPPER CREEK ESTATES SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 7 COPPER CREEK SUBDIVISION; THENCE SOUTH PARALLEL AND 35' WESTERLY OF THE EAST LINE OF THE NORHTWEST QUARTER OF SAID SECTION 23 TOWNSHIP 11 NORTH RANGE 10 WEST TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER AND 35' FEET WESTERLY OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE WESTERLY TO THE SOUTHEAST CORNER OF LOT 2, COPPER CREEK ESTATES NINTH SUBDIVISION; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 & 2, COPPER CREEK ESTATES NINTH SUBIDIVISION AND THE SOUTH LINE OF SAID NORTHWEST QUARTER TO SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 23; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID NORTHWEST QUARTER TO THE PLACE OF BEGINNING. LESS AND EXCEPT ALL OF COPPER CREEK NINTH SUBDIVISION. Grand Island Council Session - 10/22/2019 Page 16 / 217 Existing Land Use Grand Island Council Session - 10/22/2019 Page 17 / 217 The tax increment will be captured for the tax years the payments for which become delinquent beginning in years 2021 and ending upon expiration of the final contract for construction of affordable housing. The increase will come from the development single family homes on this property. Increases are anticipated from the next 212-226 houses to be built. The anticipated taxable valuation of this project at completion of the phase three, 212-226 homes is $41,340,000. The actual final valuation will be subject to appreciation and inflationary forces over the course of the development timeframe. Statutory Pledge of Taxes. Pursuant to Section 18-2147 of the Act, any ad valorem tax levied upon real property in the Redevelopment Project Area shall be divided, for the period not to exceed 15 years after the effective date of the provision, which effective date shall be January 1, 2020 and the effective date of each subsequent contract and or contract amendment associated with this redevelopment plan. a. That portion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the redevelopment project valuation shall be paid into the funds, of each such public body in the same proportion as all other taxes collected by or for the bodies; and b. That portion of the ad valorem tax on real property in the redevelopment project in excess of such amount, if any, shall be allocated to and, when collected, paid into a special fund of the Authority to pay the principal of; the interest on, and any premiums due in connection with the bonds, loans, notes, or advances on money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, a redevelopment project. When such bonds, loans, notes, advances of money, or indebtedness including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such redevelopment project shall be paid into the funds of the respective public bodies. Pursuant to Section 18-2150 of the Act, the ad valorem tax so divided is hereby pledged to the repayment of loans or advances of money, or the incurring of any indebtedness, whether funded, refunded, assumed, or otherwise, by the CRA to finance or refinance, in whole or in part, the redevelopment project, including the payment of the principal of, premium, if any, and interest on such bonds, loans, notes, advances, or indebtedness. Grand Island Council Session - 10/22/2019 Page 18 / 217 Redevelopment Plan Amendment Complies with the Act: The Community Development Law requires that a Redevelopment Plan and Project consider and comply with a number of requirements. This Plan Amendment meets the statutory qualifications as set forth below. 1. The Redevelopment Project Area has been declared blighted and substandard by action of the Grand Island City Council on May 14, 2013. [§18-2109] Such declaration was made after a public hearing with full compliance with the public notice requirements of §18-2115 of the Act. 2. Conformation to the General Plan for the Municipality as a whole. [§18-2103 (13) (a) and §18-2110] Grand Island adopted a Comprehensive Plan on July 13, 2004. This redevelopment plan amendment and project are consistent with the Comprehensive Plan, in that no changes in the Comprehensive Plan elements are intended. This plan merely provides funding for the developer to install the required public infrastructure needed to develop the property in a manner consistent with the comprehensive plan and previously approved development plans. The Hall County Regional Planning Commission held a public hearing at their meeting on October 2, 2019 and passed Resolution 2020-01 confirming that this project is consistent with the Comprehensive Plan for the City of Grand Island 3. The Redevelopment Plan must be sufficiently complete to address the following items: [§18-2103(13) (b)] a. Land Acquisition: This amended Redevelopment Plan for Area #12 does not provide for real property acquisition. There is no proposed acquisition by the authority. The developer acquired the property as an expense included in the first redevelopment plan after approval of the first TIF contract. b. Demolition and Removal of Structures: The project to be implemented with this plan amendment does not call for the demolition and removal of any existing structures. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. The site is planned for residential use consistent with R2 zoning district and the approved preliminary and final plats for this site. [§18-2103(b) and §18-2111] The attached map also is an accurate site plan of the area after redevelopment. [§18-2111(5)] Grand Island Council Session - 10/22/2019 Page 19 / 217 City of Grand Island Future Land Use Map Grand Island Council Session - 10/22/2019 Page 20 / 217 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The area is zoned R2 Low Density Residential. It is anticipated that the developer may request that portions of this property be rezoned to R3-SL Medium Density Small Lot Residential Zone to accommodate houses with a 2019 price point of under $190,000. This will depend on market conditions. Additional streets will be constructed in a manner consistent with the approved preliminary and final plats for the property. No changes are anticipated in street layouts or grades. No changes are anticipated in building codes or ordinances. Nor are any other planning changes contemplated. The prosed single family residential uses are permitted in the current zoning district. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The R2 zoning district allows for the development of 1 dwelling unit per 6000 square foot of lot area. The platted and proposed lots are more than 6000 square feet in size but less than the 12,000 square feet that would be required for a 2 family dwelling. The R3- SL zoning district would permit one dwelling unit per 3000 square foot lot. [§18-2103(b) and §18-2111] f. Additional Public Facilities or Utilities This site has full service to municipal utilities. No utilities would be impacted by the development. Water and sewer will need to be extended throughout the site. Extension of utilities is one of the planned uses for Tax Increment Financing. Electric, gas, phone and cable utilities will be extended through the site as necessary to serve the development through agreements between those providers and the developer. No other utilities would be impacted by the development. [§18-2103(b) and §18-2111] 4. The Act requires a Redevelopment Plan provide for relocation of individuals and families displaced as a result of plan implementation. This property is in private ownership. This is vacant property that has been used for agricultural purposes. No individuals or families will be relocated as a result of this project. Additional housing will be created by the project. [§18-2103.02] 5. No member of the Authority, nor any employee thereof holds any interest in any property in this Redevelopment Project Area. [§18-2106] Tom Gdowski a member of the CRA Board does not hold any interest in this property but works for Equitable Bank in Grand Island and may be involved in the financing of this project or houses sold within the project. Grand Island Council Session - 10/22/2019 Page 21 / 217 6. Section 18-2114 of the Act requires that the Authority consider: a. Method and cost of acquisition and preparation for redevelopment and estimated proceeds from disposal to redevelopers. The developer owns the entire site. The developer is estimating the costs TIF eligible for Phase 3 activities as shown below: Cost for Tax Increment Financing Eligible Activities Planning (Architecture and Engineering)860,745 Land Acquired with Phase 1 $561,190 Legal/Developer/Audit Fees 51,900 City Fees 3,100 Subtotal 915,745 Grading and Infrastructure Phase 3 Sanitary Sewer 1,517,587.76 Water Main 1,636,454.27 Paving and Storm 3,163,352.73 Grading and Fill 1,967,486.13 Subtotal 8,284,881 Total Eligible Expenses 9,200,626 The estimated costs for the eligible activities of this project are $9,203,726. Site improvements including: utility improvements and site grading and fill of $8,284,881 Architectural and Engineering planning services of $860,745 and are included as a TIF eligible expense. Legal, Developer and Audit Fees including a reimbursement to the City and the CRA of $55,000 are included as TIF eligible expense. The total of eligible expenses for this project is $9,200,626. No property will be transferred to redevelopers by the Authority. The developer will provide and secure all necessary financing. b. Statement of proposed method of financing the redevelopment project. The developer will provide all necessary financing for the project. The Authority will assist the project by granting an estimated sum of $9,200,626 from the proceeds of the TIF Indebtedness issued by the Authority. This indebtedness will be repaid from the Tax Increment Revenues generated from the project. TIF revenues shall be made available to repay the original debt and associated interest after January 1, 2021 for a period that may extend through 15 years from the date of the final contract for this project. Grand Island Council Session - 10/22/2019 Page 22 / 217 c. Statement of feasible method of relocating displaced families. No families will be displaced as a result of this plan. 7. Section 18-2113 of the Act requires: Prior to recommending a redevelopment plan to the governing body for approval, an authority shall consider whether the proposed land uses and building requirements in the redevelopment project area are designed with the general purpose of accomplishing, in conformance with the general plan, a coordinated, adjusted, and harmonious development of the city and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity, and the general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreational and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of insanitary or unsafe dwelling accommodations or conditions of blight. The Authority has considered these elements in proposing this Plan Amendment. This amendment, in and of itself will promote consistency with the Comprehensive Plan, in that it will allow for development consistent with the future land use plan for the City of Grand Island and the previously approved development of this site. The development of single family residential on this property is consistent with the property development along the north side of Old Potash Highway. This will have the intended result of preventing recurring elements of unsafe buildings and blighting conditions such as incomplete infrastructure. 8. Time Frame for Development Development of this project is anticipated to begin in the spring of 2020. Infrastructure for this phase of the development, including the final 226 lots is expected to be complete with the phasing of the development. The developer expects to complete between 15 and 30 affordable single family dwelling units each year until completion of the subdivision. Expected completion of Phase two of the project will occur sometime between 2025 and 2035. Excess valuation should be available for this project beginning with the 2020 tax year. 9. Justification of Project The housing vacancy rate in Grand Island has been hovering between 2% and 3% since at least 2000 Since the late 1980’s, every housing study done in Grand Island has indicated a lack of housing and housing options in Grand Island. The market is providing for houses in the $250,000 plus price range and almost 300 market rate apartments have been Grand Island Council Session - 10/22/2019 Page 23 / 217 built in the last 3 years and there are currently plans for upwards of 250 new additional market rate apartments. Plans have been approved for 88 subsidized duplex units. Providers of elderly housing supported by Low Income Housing Tax Credits all have waiting lists and applications for new projects are submitted to NIFA every year. As of today (September 6, 2019), there 107 housing units (single family) on the market based on the Multiple Listing Service, at all price ranges ($69,900 to $2,300,000). Grand Island has more than 13,300 single family housing units, so less than 0.8% of the total units are currently available and on the market. The projected price range of the houses to be built with this project puts them within the reach of people earning a family income of $22 an hour and above. This price puts these houses within reach of people working at JBS Swift, many of the retail stores in the community, incoming teachers and many others that have trouble finding housing in Grand Island. The cost to develop lots in Grand Island, even the smaller lots that are proposed in this subdivision makes the development and sale of houses in this price range prohibitive without some kind of public private partnership. 10. Cost Benefit Analysis Section 18-2113 of the Act, further requires the Authority conduct a cost benefit analysis of the plan amendment in the event that Tax Increment Financing will be used. This analysis must address specific statutory issues. As authorized in the Nebraska Community Development Law, §18-2147, Neb. Rev. Stat. (2012), the City of Grand Island has analyzed the costs and benefits of the proposed Redevelopment Project, including: Project Sources and Uses. Public funds from tax increment financing in the amount of $9,200,626 provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $49,802,443 in private sector equity investment plus interest on the financing; a private investment of $5.41 for every TIF dollar invested. Use of Funds. Description TIF Funds Private Funds Total Site Acquisition Acquired with Phase I value of 561,190 Site Improvements/Utilities $8,284,881 $8,284,881 New Construction Costs $47,008,000 $47,008,000 Legal and Plan $51,900 $51,900 Engineering/Arch $860,075 $860,075 City Fees/Reimbursements $3,100 $3,100 Financing Fees/Interest $2,794,443 $2,794,443 TOTALS $9,200,626 $49,802,443 $59,002,399 Tax Revenue. The property to be redeveloped has January 1, 2019, valuation of approximately $316,500 for the approximately 60 acres of undeveloped land in phase 2. Grand Island Council Session - 10/22/2019 Page 24 / 217 Based on the 2018 levy this would result in a real property tax of approximately $7100. It is anticipated that the assessed value will increase by $41,000,000 upon full completion, as a result of the site redevelopment. This development will result in an estimated tax increase of over $924,000 annually. The tax increment gained from this Redevelopment Project Area would not be available for use as city general tax revenues, for a period of 15 years, or such shorter time as may be required to amortize the TIF bond, but would be used for eligible private redevelopment costs to enable this project to be realized. Estimated 2019 assessed value:$ 316,000 Estimated taxable value after completion $ 41,340,000 Increment value $ 41,024,000 Annual TIF generated (estimated)$ 916,000 TIF bond issue $ $9,200,626 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The proposed development of these houses will result in an estimated additional $41,340,000 of taxable valuation based on an initial 2019 sale price of homes between $189,850 and $218,850 including the value of the lot to bring total valuation to between $225,000 and $255,000 per unit. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities for life of those homes after the completion of the TIF contracts. (b) Public infrastructure and community public service needs impacts and local tax impacts arising from the approval of the redevelopment project; No additional public service needs have been identified. Existing water and waste water facilities will need to be extended through the site but have sufficient capacity to support the development. The electric utility has sufficient capacity to support the development. This development will have an impact on the Grand Island School system as it will likely result in increased attendance at all grade levels. The average number of persons per household in Grand Island for 2013 to 2017 according the American Community Survey is 2.6. Two Hundred and Twenty-Six additional household would house 588 people. According to the 2010 census 19.2% of the population of Grand Island was between the ages of 5 and 18. If the averages hold it would be expected that there would be an additional 113 school age children generated by this development. These numbers are consistent with the 99 students that were generated according to the information provided by the Grand Island Public School system in a map dated October 1, 2018 as attached. According to the National Center for Educational Statistics1 the 2016-17 enrollment for GIPS was 9,905 students and the cost per student in 2015-16 was $13,104 of that $5,936 is generated locally. The Grand Island Public School District was notified of this request by letter and email on September 9, 2019. 1 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Grand Island Council Session - 10/22/2019 Page 25 / 217 Fire and police protection are available. Additional houses and people throughout the city may impact response times and will over time result in the need to add additional staffing for emergency response teams. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; The proposed development will provide jobs for persons employed by the contractors that will be involved with the project. In 2015 the National Association of Home Builders estimated the impacts of each single family home built in a community at 3.94 FTE’s 2.37 of which are direct impact employees. (NAHB Housing Policy Department, 20152). Using that number and an estimated construction schedule of 15 units per year, the direct impact of this project is the equivalent of a manufacturing facility employee base of 35.55 FTE’s. This project will also supply housing at a price point that is attainable for those at the median income in Grand Island. The median income in Grand Island for 2017 according to the U.S. Census is $51,6273. (d) Impacts on other employers and employees within the city or village and the immediate area that are located outside of the boundaries of the area of the redevelopment project; and This should not have any measurable negative impacts on other employers or employees in the city. (e) Impacts on the student populations of school districts within the city or village; This development will have an impact on the Grand Island School system as it will likely result in increased attendance at all grade levels. The average number of persons per household in Grand Island for 2013 to 2017 according the American Community Survey is 2.6. Two Hundred and Twenty-Six additional household would house 588 people. According to the 2010 census 19.2% of the population of Grand Island was between the ages of 5 and 18. If the averages hold it would be expected that there would be an additional 113 school age children generated by this development. These numbers are consistent with the 99 students that were generated according to the information provided by the Grand Island Public School system in a map dated October 1, 2018 as attached. According to the National Center for Educational Statistics4 the 2016-17 enrollment for GIPS was 9,905 students and the cost per student in 2015-16 was $13,104 of that 2 https://www.nahb.org/-/media/Sites/NAHB/economic-studies/1- REPORT_local_20150318115955.ashx?la=en&hash=EC5B551CA8B53B1526B423BF22542B55AF2053 E5 3 https://censusreporter.org/profiles/16000US3119595-grand-island-ne/ 4 https://nces.ed.gov/ccd/districtsearch/district_detail.asp?ID2=3100016 Grand Island Council Session - 10/22/2019 Page 26 / 217 $5,936 is generated locally. The Grand Island Public School District was notified of this request by letter and email on September 9, 2019. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This will provide housing for residents of Grand Island in a much needed price range that is not being provided by the housing market. The 2014 housing study identified a need for over 1,700 new housing units including over 1000 owner occupied units (usually single family) by the end of 2019. Between 2015 and July of 2019 a total of 455 permits were issued for new single family homes in Grand Island. Even with the TIF for the first two phases of the Copper Creek development almost 300 housing units (about 270 of the 455 permits) the total number of new owner occupied housing units built in Grand Island is less than ½ of the projected need over the same time period. The market is not capable of producing new housing at a price that is attainable by the average working family in Grand Island without some form of assistance. The recently completed 2019 housing study identified a need for 1,361 new and rehabilitated units by the end of 2024 including 740 owner occupied and 621 rental units. The cost for the required infrastructure for these 212-226 lots is estimated at $9,200,626 or between $43,399 and $40,710 plus the cost of the land. The estimated cost of construction of these houses is $178,000 to $208,000. This project is not economically feasible without the use of TIF and can positively impact persons at or below the median income level within the City of Grand Island. Time Frame for Development Development of this project is anticipated to begin in Spring of 2020. Infrastructure for this phase of the development, including completing streets and utilities for these 226 lots is expected to be complete by 2028. The base tax year should be calculated beginning in 2020 and each subsequent contract should be set in the year during which it is anticipated construction on the houses will begin. The developer expects to complete between 15 and 30 affordable single family dwelling units each year until completion of the subdivision. Expected completion of this project will occur sometime between 2025 and 2030. Excess valuation should be available for this project beginning with the 2021 tax year. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per each contract between the CRA. Contract periods shall not exceed 15 years. The amount of TIF excess distributed shall not exceed the actual cost of the TIF eligible expenses incurred for this project including streets, storm sewer, sanitary sewer, water, other necessary utilities, engineering, architecture and surveying, legal fees and interest associated with the TIF bonds. Proposed Development Attached Subject to Final Platting and Approval Grand Island Council Session - 10/22/2019 Page 27 / 217 Grand Island Council Session - 10/22/2019 Page 28 / 217 Grand Island Council Session - 10/22/2019 Page 29 / 217 Grand Island Council Session - 10/22/2019 Page 30 / 217 Grand Island Council Session - 10/22/2019 Page 31 / 217 Grand Island Council Session - 10/22/2019 Page 32 / 217 Grand Island Council Session - 10/22/2019 Page 33 / 217 Grand Island Council Session - 10/22/2019 Page 34 / 217 Grand Island Council Session - 10/22/2019 Page 35 / 217 Grand Island Council Session - 10/22/2019 Page 36 / 217 Grand Island Council Session - 10/22/2019 Page 37 / 217 Grand Island Council Session - 10/22/2019 Page 38 / 217 Grand Island Council Session - 10/22/2019 Page 39 / 217 Grand Island Council Session - 10/22/2019 Page 40 / 217 Grand Island Council Session - 10/22/2019 Page 41 / 217 Grand Island Council Session - 10/22/2019 Page 42 / 217 Grand Island Council Session - 10/22/2019 Page 43 / 217 Grand Island Council Session - 10/22/2019 Page 44 / 217 Grand Island Council Session - 10/22/2019 Page 45 / 217 Grand Island Council Session - 10/22/2019 Page 46 / 217 Grand Island Council Session - 10/22/2019 Page 47 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item E-3 Public Hearing on Creating a Clean Energy Assessment District (PACE) Council action will take place under Ordinances item F-2. Staff Contact: Jerry Janulewicz Grand Island Council Session - 10/22/2019 Page 48 / 217 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:October 22, 2019 Subject:PACE Ordinance Presenter(s):Stacy Nonhof, Interim City Attorney Jerry Janulewicz, City Administrator Background At the October 8 council meeting representatives of JBS and a financing consultant presented information regarding a multimillion dollar construction project at the JBS facility and the desire of JBS to utilize financing through a PACE mechanism if the City adopted an ordinance establishing a PACE district as authorized by Neb. Rev. Stat. §§13- 3201 thru 13-3211. Discussion According to information found at Energy.gov: PACE programs allow a property owner to finance the up-front cost of energy or other eligible improvements on a property and then pay the costs back over time through a voluntary assessment. The unique characteristic of PACE assessments is that the assessment is attached to the property rather than an individual. PACE financing for clean energy projects is based on an assessment district. In a conventional assessment district, the local government issues bonds to fund projects with a public purpose such as streetlights, sewer systems, or underground utility lines. The recent extension of this financing model to energy efficiency and renewable energy allows a property owner to implement improvements without a large up-front cash payment. Property owners that voluntarily choose to participate in a PACE program repay their improvement costs over a set time period—typically 10 to 20 years—through property assessments, which are secured by the property itself and paid as an addition to the owners' property tax bills. Nonpayment generally results in the same set of repercussions as the failure to pay any other portion of a property tax bill. Grand Island Council Session - 10/22/2019 Page 49 / 217 A PACE assessment is a debt of property, meaning the debt is tied to the property as opposed to the property owner(s). In turn, the repayment obligation may transfer with property ownership if the buyer agrees to assume the PACE obligation and the new first mortgage holder allows the PACE obligation to remain on the property. This can address a key disincentive to investing in energy improvements because many property owners are hesitant to make property improvements if they think they may not stay in the property long enough for the resulting savings to cover the upfront costs. Advantages Allows for secure financing of comprehensive projects over a longer term, making more projects cash flow positive. Spreads repayment over many years, seldom requires an upfront payment, and removes the requirement that the debt be paid at sale or refinance. Can lead to low interest rates because of the high security of loan repayments attached to the property tax bill. Helps some property owners deduct payments from their income tax liability. Allows municipalities to encourage energy efficiency and renewable energy without putting general funds at risk. Taps into large sources of private capital. Disadvantages Available only to property owners. Can require dedicated local government staff time. May require high legal and administrative setup obligations. Potential resistance by lenders/mortgage-holders whose claims to the property may be subordinated to the unpaid assessment amount should the property go into foreclosure. The draft documents presented at the October 8 meeting were amended in a number of respects. The most significant changes are as follows: 1.Provide a $40,000 cap on the administrative fee; 2.Requires the lender or project owner to provide verification of energy savings and proper installation of project elements. Verification shall consist of certifications by a licensed engineer; 3.Only projects costing $250,000 or more will be considered eligible for PACE; 4.The District Administrator will be a committee of City employees consisting of the Planning Director, City Attorney, Building Department Director, Public Works Director and Utilities Director or the designee of each; 5.Does not currently apply to single family properties; 6.The appeal for a denial of the waiver of the economic benefit estimate will go to the City Administrator. Grand Island Council Session - 10/22/2019 Page 50 / 217 Alternatives It appears that the Council has the following alternatives concerning the proposed ordinance. 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 consider and take action regarding the proposed ordinance. Sample Motion Move to approve the ordinance. Grand Island Council Session - 10/22/2019 Page 51 / 217 1 ASSESSMENT CONTRACT THIS ASSESSMENT CONTRACT (this “Contract”), is made and entered into this day of , 20 (the “Effective Date”) by and among THE CITY OF GRAND ISLAND, a Nebraska municipal corporation, (“City”), which created THE GRAND ISLAND PACE DISTRICT, a clean energy assessment district pursuant to Ordinance No. 9752 (“GI-PACE”), , a (“Lender”), and , a (“Property Owner”), and is made a part of that certain Construction Loan Agreement dated as of the same date made by and between Lender and Property Owner, such Construction Loan Agreement hereafter referred to as the “Loan Agreement.” WITNESSETH WHEREAS, Property Owner is the owner of certain real property located at in the City (as further described on Exhibit A attached hereto, the “Property”); WHEREAS, the City has adopted Ordinance No. 9752, which is incorporated herein by this reference (the “Ordinance”), by which the Municipality created a clean energy assessment district comprised of all areas within the City and its extraterritorial jurisdiction pursuant to Nebraska Revised Statute §§13-3201 to 13-3211, inclusive, and known as the “Property Assessment Clean Energy Act,” (the “Act”) and provides for repayment of financed costs through annual assessments pursuant to assessment contracts entered with property owners and third party lenders; WHEREAS, Property Owner has obtained and recorded in the office of Register of Deeds of Hall County the acknowledged and verified written consent and subordination agreement required by Neb. Rev. Stat. §13-3205(2)(a) of all persons or entities that currently hold mortgage liens or deeds of trust on the Property, if any, to the Loan, as herein defined and this Contract, and represents to the City that all applicable requirements and conditions of Neb. Rev. Stat. §13-3205(2) have been satisfied; * This Space Reserved for Register of Deeds * Grand Island Council Session - 10/22/2019 Page 52 / 217 2 WHEREAS, Property Owner intends to make energy efficiency improvements (as such term is used in Neb. Rev. Stat. §13-3203(3) of the Act) at the Property, as described on Exhibit B attached hereto and including the information required by Neb. Rev. Stat. §13- 3203(3)(a) (the “Project”); WHEREAS, Lender has agreed to make a loan to Property Owner in the amount of $(the “Loan”), the proceeds of which will be used to fund the implementation of the Project, and the repayment of which will be made from PACE special assessments levied on the Property pursuant to the Act and this Contract; WHEREAS, City has agreed to direct the Hall County Treasurer to levy special assessments, collect or cause the collection of the special assessments, record such special assessments as a lien on the Property, as allowed by the Act, and remit payments on such special assessments to Lender to be applied to pay down the Loan, all as more particularly set forth herein; WHEREAS, City is authorized to enter into this Contract pursuant to the Act. NOW, THEREFORE, for and in consideration of the making of the Loan and the financing and collection arrangements between Lender, Property Owner and City, and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, Lender, Property Owner and City agree as follows: 1.Defined Terms. The words and phrases as specifically defined in NEB. REV. STAT. § 13-3203, as amended, or in the Ordinance shall have their defined meanings. The following capitalized terms used in this Contract shall have the meanings defined or referenced below or in the Recitals above: “Bi-Annual Installment” means the portion of the Loan Amount that is due in a particular year as more fully described in Sections 2 and 5 hereof and shown on Exhibit C, as may be increased by the County Treasurer Fee, if applicable, pursuant to Section 5(a). “County Treasurer” means the office of the Hall County Treasurer. “Register of Deeds” means the office of the Register of Deeds for Hall County. “Lender Parties” shall have the meaning set forth in Section 12(a) hereof. “Liabilities” shall have the meaning set forth in Section 11(a) hereof. “Loan” shall have the meaning set forth in the Recitals above. “Loan Amount” means, as of any date of computation, the outstanding amount of all principal under the Note, accrued but unpaid interest and any applicable penalties, costs, fees, charges, late payment charges, default interest rate charges, prepayment premiums or administrative expenses related Grand Island Council Session - 10/22/2019 Page 53 / 217 3 to the Loan, including without limitation, the administrative fees set forth in Section 14 hereof and any and all other administrative fees to be paid to County Treasurer or Lender by Property Owner in connection with the Loan. “Loan Agreement” shall have the meaning set forth in the Preamble above. “Note” shall have the meaning given such term in the Loan Agreement. “PACE Special Assessments” means the aggregate amount of all Bi-Annual Installments of the Loan Amount, which Bi-Annual Installments shall be levied as special assessments pursuant to Neb. Rev. Stat. §13-3205(7) of the Act. “City Parties” shall have the meaning set forth in Section 11(a) hereof. “Tax Year” means the period from January 1 through the following December 31. 2.Payments. The Loan Amount shall be payable in Bi-Annual Installments. The Loan shall bear interest, including default interest, at the rates set forth in the Note and payments shall be due under the Note and the Loan Agreement as more fully described therein and in Section 5 of this Contract, ending upon payment in full of the Loan Amount and all other charges, fees, expenses and other amounts due under this Contract, the Loan Agreement and the Note. The amounts of the Bi-Annual Installments are based on a Loan Amount as of the date of this Contract of $_________________. The Loan shall be fully amortized over the term of the Loan, and shall be repaid on the terms set forth in this Contract, the Loan Agreement and the Note. Each year during the term of this Contract, Lender shall supply City with the amount of the Bi-Annual Installment for such year by delivering a completed Lender Installment Certificate in the form attached hereto as Exhibit D on or before December 31 of such year. Should Lender fail to deliver a Lender Installment Certificate on or before December 31 of any year, with a copy to the Property Owner, the Bi-Annual Installment shall be presumed to be the same as the Bi-Annual Installment for the applicable year as shown on Exhibit C, with any surplus or shortfall to be addressed by adjusting the amount of the subsequent year's Bi-Annual Installment. 3.Consent to PACE Special Assessments. a)By entering into the Contract, City hereby agrees to enforce the PACE Special Assessments and impose the Bi-Annual Installments as special assessments pursuant to the Act in the manner specified in this Contract. Upon execution of this Contract, City will cause this Contract to be recorded against the Property in the office of the Register of Deeds. b)Property Owner hereby agrees and acknowledges: (i) that Property Owner has received or will receive a special benefit by financing the Project through GI-PACE that equals or exceeds the total amount of the PACE Special Assessments (ii) that the Property is subject to the PACE Special Assessments and consents to the levy of the Bi- Annual Installments; (iii) that Grand Island Council Session - 10/22/2019 Page 54 / 217 4 Property Owner shall pay the Bi-Annual Installments when due pursuant to the terms set forth in this Contract, the Loan Agreement and the Note; and (iv) that Bi-Annual Installments of the PACE Special Assessments are a lien on the Property as provided in the Act and the Ordinance. 4.Term. This Contract shall remain in full force and in effect until the Loan Amount and all other charges, fees, expenses and other amounts due under this Contract, the Loan Agreement and the Note have been paid in full. 5.Bi-Annual Installments. a)During the term of this Contract, City expects to collect the Bi- Annual Installments with the assistance of the County Treasurer. The County Treasurer shall collect the Bi-Annual Installments and City, the Property Owner and the Lender agree that the County Treasurer may deduct from such Bi-Annual Installments a collection fee in such amount as allowed by law (the “County Treasurer Fee”). b)The aggregate amount of all PACE Special Assessments shall equal the Loan Amount and any such amount as needed to pay the County Treasurer Fee, as shown on Exhibit C attached and incorporated by this reference. c)Property Owner hereby agrees to pay the property tax bills and Bi- Annual Installments for the Property during the term of this Contract, which shall not exceed the weighted average useful life of the energy project, in a timely fashion so as to avoid any default or delinquency in such payment. d)If Property Owner fails to pay all or part of any Bi-Annual Installment when due, the parties hereto acknowledge and agree that (i) default interest on the unpaid amounts of the Bi-Annual Installments shall accrue in favor of Lender as set forth in the Note, (ii) such default interest shall be added to the PACE Special Assessments and shall be included as part of the Bi-Annual Installments due thereafter unless and until all such accrued and unpaid default interest is paid in full, and (iii) such default interest shall be in addition to any and all penalties and interest that may be imposed by or accrue in favor of City as a result of Property Owner’s failure to pay real estate or other property taxes or other assessments on the Property. In addition, Bi-Annual Installments shall continue to be levied as special assessments notwithstanding Property Owner’s failure to pay all or part of any past Bi-Annual Installment, such that the County Treasurer shall continue to levy Bi-Annual Installments, including default interest to be paid to Lender, until the Loan Amount, including all accrued and unpaid interest, is paid in full. e)Property Owner hereby acknowledges and agrees that failure to pay any Bi-Annual Installment of the PACE Special Assessments, like failure to pay any property taxes pertaining to the Property, will result in penalties and interest accruing in favor of Lender on the amounts due, in addition to penalties and interest that may accrue in favor of City. In addition, City shall Grand Island Council Session - 10/22/2019 Page 55 / 217 5 record a PACE lien on the Property as a result of any delinquent Bi-Annual Installments of the PACE Special Assessments. Furthermore, Property Owner agrees not to seek a compromise of any delinquent Bi-Annual Installment. 6.Loan Amount; Prepayment. a)Subject to the terms and conditions in the Loan Agreement, Lender agrees to disburse to Property Owner the Loan Amount. b)Property Owner may only prepay the Loan as set forth in the Construction Loan Agreement.In the event of any permitted prepayment, Lender shall certify to Property Owner and City the aggregate amount due on the Loan, including principal, interest, and fees and any prepayment premium, within thirty (30) days of receipt of a written request for prepayment from Property Owner. City shall certify to Property Owner and Lender any and all amounts collected by City and not yet remitted to Lender within fifteen (15) days of receipt of a written request for prepayment by Property Owner, as well as any administrative fees payable, but not yet collected, as of the anticipated prepayment date. To the extent that City has received any funds from Property Owner prior to Property Owner’s requested date of prepayment, but has not yet remitted the same to Lender, City shall remit the same to Lender on or before the date of Property Owner's requested date of prepayment. No prepayment shall be effective, and no funds paid by Property Owner or City will be applied to the Loan Amount, unless and until Lender receives the full Loan Amount from City and Property Owner. Property Owner acknowledges that failure of City to remit any funds held by City on or prior to Property Owner's requested date of prepayment may result in additional interest due in connection with such prepayment. c)Without the prior written consent of Lender, which consent may be given or withheld in Lender’s sole discretion, the Loan may not be prepaid in part and, if such consent is given, any such partial prepayment must be made in strict compliance with the terms and conditions set forth in such written consent, which terms and conditions may include a prepayment penalty. Any partial prepayment in violation of this provision will not be accepted by Lender. Notwithstanding the foregoing, Property Owner shall not be deemed to have made a prepayment if Property Owner decides to pay any Bi-Annual Installment in full, as opposed to payment on an installment basis, for any given year, as applicable. d)Lender, pursuant to Neb. Rev. Stat. §13-3205(3)(b), shall verify final costs of the energy project and ensure that any amounts paid by the City toward the costs of the energy project will not exceed such final costs. 7.Collection of Bi-Annual Installments; Payments to Lender. a)The County Treasurer shall follow reasonable and customary practices to collect the Bi-Annual Installments once levied, including assessing penalties Grand Island Council Session - 10/22/2019 Page 56 / 217 6 and charging interest. b)City agrees to separately account for any Bi-Annual Installment payments collected or otherwise received for the Property. City shall remit the collected Bi-Annual Installment payments to Lender in accordance with the payment schedule set forth in this Contract. 8.Other Obligations Payable from Special Charges. City will not issue or incur any obligations payable from the proceeds of the PACE Special Assessments nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge upon the PACE Special Assessments or the Bi-Annual Installments, except for administrative fees as provided in this Contract or as allowed by the Act. 9.City Representations regarding Loan and Loan Documents. The undersigned, on behalf of City, hereby represents to Lender and to Property Owner that (i) they entering this Contract pursuant to applicable provisions of the Act and City of Grand Island Ordinance No. 9752; (ii) it is their intent and belief that this Contract is and will be the valid and legally enforceable obligation of City, enforceable in accordance with its terms except to the extent that enforcement thereof may be subject to legal challenge, including without limitation bankruptcy and other similar laws affecting creditors’ rights generally; and (iii) to their knowledge this Contract and the dollar amount and all other terms and conditions set forth herein are in compliance with the provisions of the Act and the Ordinance. City shall at all times, to the extent permitted by law and from time to time authorized by the City Council of City, defend, preserve and protect the PACE Special Assessments created by this Contract. 10.Re-Levy of Special Charge. If City shall have omitted to cause the assessment or collection of any PACE Special Assessments when it is required by this Contract or by the Act or Ordinance to have done so, then City shall take all necessary steps that are then available to cause new PACE Special Assessments (equal in amount to those not assessed, levied or collected plus interest and penalties, if any, thereon) to be levied against the Property in addition to those PACE Special Assessments otherwise to be levied or assessed against the Property. 11.Waiver of Claims Against City. a)For and in consideration of City’s execution and delivery of this Contract, Property Owner, for itself and for its successor-in-interest to the Property and for any one claiming by, through or under Property Owner, hereby waives the right to recover from City, GI-PACE, or any officials, agents, employees, attorneys or representatives of City or GI-PACE (collectively, the “City Parties”), and fully and irrevocably releases, indemnifies, holds harmless, and shall defend the City Parties, and each of them, from and against, any and all claims, costs, expenses, obligations, liabilities, causes of action or damages including attorneys’ fees and court costs, that Property Owner may now have or hereafter acquire against any of the City Parties and arising out of, accruing from or related to: (i) this Contract, (ii) the disbursement of the Loan Amount, (iii) the levy and collection of the Bi-Annual Installments, (iv) the imposition of the lien of the Grand Island Council Session - 10/22/2019 Page 57 / 217 7 PACE Special Assessments, (v) the performance of the Project, (vi) the Project, (vii) any damage to or diminution in value of the Property that may result from construction or installation of the Project, (viii) any injury or death that may result from the construction or installation of the Project, (ix) the selection of manufacturer(s), dealer(s), supplier(s), contractor(s) and/or installer(s), and their action or inaction with respect to the Project, (x) the merchantability and fitness for any particular purpose, use or application of the Project, (xi) the amount of energy savings resulting from the Project or any assured performance guaranty, (xii) the workmanship of any third parties under any agreements including any construction contracts, and (xiii) any other matter with respect to the Program (collectively, the “Liabilities”). b)This release includes without limitation claims, costs, expenses, obligations, liabilities, causes of action and damages of which Property Owner is not presently aware or which Property Owner does not suspect to exist which, if known by Property Owner, would materially affect Property Owner’s release of the City Parties. Notwithstanding the foregoing, Property Owner’s release under this section shall not extend to Liabilities arising from City’s intentional default, gross negligence or willful misconduct. c)This Section 11 shall survive the disbursement of the Loan Amount or any portion thereof, the payment of the Loan Amount in full, the transfer or sale of the Property by Property Owner and the termination of this Contract. 12.Waiver of Claims Against Lender. a)For and in consideration of Lender’s execution and delivery of this Contract, Property Owner, for itself and for its successor-in-interest to the Property and for any one claiming by, through or under Property Owner, hereby waives the right to recover from the Lender and any and all officials, agents, employees, attorneys and representatives of Lender (collectively, the “Lender Parties”), and fully and irrevocably releases the Lender Parties from, any and all claims, obligations, liabilities, causes of action or damages including attorneys’ fees and court costs, that Property Owner may now have or hereafter acquire against any of the Lender Parties and accruing from or related to the Liabilities, as defined above. b)This release includes claims, obligations, liabilities, causes of action and damages of which Property Owner is not presently aware or which Property Owner does not suspect to exist which, if known by Property Owner, would materially affect Property Owner’s release of the Lender Parties. Notwithstanding the foregoing, Property Owner’s release under this Section shall not extend to Liabilities arising from Lender’s intentional default, gross negligence or willful misconduct. c)The waivers and releases by Property Owner contained in this Section shall survive the disbursement of the Loan Amount or any portion thereof, the payment of the Loan Amount in full, the transfer or sale of the Property by Property Owner and the termination of this Contract. Grand Island Council Session - 10/22/2019 Page 58 / 217 8 13.Administrative Fees. a)Property Owner agrees to pay a one-time administration processing fee to City in the amount of one percent (1%), not to exceed Forty Thousand Dollars ($40,000.00) of the project costs financed through the Loan (i.e., the Loan amount less all fees and expenses incurred in issuing the Loan), or and /100 Dollars ($ ). Such payment shall be included in the initial Bi- Annual Installment. b)The Bi-Annual Installments shall include a Bi-Annual administrative fee to be collected by City in the amount of One Thousand Dollars ($1,000.00) per year as of January 1st of each year. This fee shall be included, on a Bi-Annual basis, in the Bi-Annual Installments to be set forth on Schedule of Bi-Annual Installments attached hereto as Exhibit C. 14.Project Completion. Upon completion of the Project, Property Owner will submit to City and Lender a written certification from Property Owner and the contractor(s), if any, that performed the work incident to the construction and installation of the Project, stating the actual cost of the Project. If the actual cost of the Project is less than the Loan Amount advanced by the Lender, the Property Owner shall immediately repay to City the excess of the amount advanced over such actual cost of the Project and City shall remit the full amount thereof to Lender. 15.Notices. All notices, requests, demands and other communications hereunder shall be given in writing and shall be: (a) personally delivered; (b) sent by registered or certified mail, return receipt requested, postage prepaid; or (c) sent to the parties at their respective addresses indicated herein by private overnight mail courier service. The respective addresses to be used for all such notices, demands or requests are as follows: a)If to Property Owner, to: _________________or to such other person or address as Property Owner shall furnish to Lender and GI-PACE in writing. b)If to Lender, to: _________________ or to such other person or address as Lender shall furnish to Property Owner and City in writing. c)If to City, to: _________________ or to such other person or address as City shall furnish to Property Owner and Lender in writing. If personally delivered, such communication shall be deemed delivered upon actual receipt (or refusal to accept delivery); if sent by registered or certified mail, such communication shall be deemed delivered upon actual receipt (or refusal to accept delivery); and if sent by overnight courier pursuant to this Section, such communication shall be deemed delivered upon receipt. Any party to this Contract may change its address for the purposes of this Contract by giving notice thereof in accordance with this Section. 16.Assignment or Sale by Lender.Property Owner and City agree that Lender Grand Island Council Session - 10/22/2019 Page 59 / 217 9 may, at its option, assign the Loan, and its rights and obligations under the Loan (including this Contract, the Note and the other Loan Documents). Property Owner, City and Lender acknowledge and agree that there are no limitations on the right of Lender to assign its interests in the Loan. 17.Supremacy. In the event of any conflict, inconsistency or ambiguity between the provisions of this Contract and the provisions of the Loan Agreement, the provisions of this Contract shall control. 18.Compliance with Laws. Lender and Property Owner hereby agree to comply with all applicable federal, state and local lending and disclosure requirements and with the provisions of the Act. 19.Counterparts. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed a single agreement. 20.Amendment. This Contract may be amended only by a writing signed by Property Owner, Lender and City. 21.Severability. If any one or more of the provisions of this Contract shall be found to be invalid, illegal or unenforceable in any respect of to any extent, such finding shall not affect the validity, legality or enforceability of the remaining provisions of this Contract. 22.Transferability. Property Owner, Lender and City agree that the obligations of this Contract, including without limitation the obligation to pay annual assessments, are covenants that shall run with the land and be obligations that are binding on all future owners of the Property. 23.Effect of Subdivision of Property. No subdivision of the Property subject to this Contract shall be valid unless an amendment to this Contract divides the total Bi-Annual Assessment due between the newly subdivided parcels pro rata to the special benefit realized by each subdivided parcel. 24.Incorporation by Reference.All recitals at the beginning of this Contract and all Exhibits referenced in this Contract shall be incorporated into this Contract by reference. [Signature Page Follows] Grand Island Council Session - 10/22/2019 Page 60 / 217 10 Executed as of the date set forth above. PROPERTY OWNER By:____________________________ Name:__________________________ Title:___________________________ ACKNOWLEDGMENT STATE OF ) ) SS. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public, appeared , to me personally known, who, being by me duly sworn, did say that s/he is the of the , a , and that said instrument was signed on behalf of said company by authority of its members, and said individual acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. Printed Name: Notary Public in and for said State (SEAL)Commissioned in My commission expires: . Grand Island Council Session - 10/22/2019 Page 61 / 217 11 LENDER By:____________________________ Name:__________________________ Title:___________________________ ACKNOWLEDGMENT STATE OF COUNTY OF ) ) SS. ) On this day of , 20 , before me, the undersigned, a Notary Public, appeared , to me personally known, who, being by me duly sworn, did say that he is the of a limited liability company, and that said instrument was signed on behalf of said company by authority of its members, and said individual acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. Printed Name: Notary Public in and for said State (SEAL)Commissioned in My commission expires: . Grand Island Council Session - 10/22/2019 Page 62 / 217 12 CITY OF GRAND ISLAND By:____________________________ Name:__________________________ Title:___________________________ ACKNOWLEDGMENT STATE OF NEBRASKA ) ) SS. COUNTY OF HALL ) On this day of , 20 , before me, the undersigned, a Notary Public, appeared , to me personally known, who, being by me duly sworn, did say that they are the _______________ of the City of Grand Island, a Nebraska Municipality, which created, a clean energy assessment district pursuant to City of Grand Island No. 9752, and that this instrument was signed on behalf of said City by authority of its governing body, and said individual acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. Printed Name: Notary Public in and for said State (SEAL)Commissioned in My commission expires: . Grand Island Council Session - 10/22/2019 Page 63 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item E-4 Public Hearing on Acquisition of Utility Easement - 228 Lake Street - Grand Island Hotel, LLC Council action will take place under Consent Agenda item G-6. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/22/2019 Page 64 / 217 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:October 22, 2019 Subject:Acquisition of Utility Easement – 228 Lake Street – Grand Island Hotel, LLC Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire a utility easement relative to the property of Grand Island Hotel, LLC, located through a part of two tracts of land in Lot One (1), King’s Crossing Subdivision, in the City of Grand Island, Hall County, Nebraska (228 Lake Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Grand Island Hotel, LLC, has requested a new electrical service for a new Comfort Suites Hotel being built at 228 Lake Street. A new three-phase padmount transformer and 4” conduit containing 1/0 copper wire will be installed along the west property line to accommodate the new service. The proposed easement tracts will allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 10/22/2019 Page 65 / 217 Recommendation City Administration recommends that the Council approve the resolution for the acquisition of the easement for one dollar ($1.00). Sample Motion Move to approve acquisition of the Utility Easement. Grand Island Council Session - 10/22/2019 Page 66 / 217 Grand IslandCouncil Session - 10/22/2019Page 67 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item F-1 #9751 - Consideration of Zoning Change located at 721 West 9th Street from R4-High Density Residential to B2-General Business Zone (Juan and Elena Montejo) This item relates to the aforementioned Public Hearing item E-1. Staff Contact: Chad Nabity Grand Island Council Session - 10/22/2019 Page 68 / 217 Approved as to Form ¤ ___________ October 18, 2006 ¤ City Attorney ORDINANCE NO. 9751 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of Lot 5 of H. G. Clark’s Addition to the City of Grand Island, Hall County, Nebraska, from R-4 High Density Residential to B-2 General Business as more particularly described below; directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on October 2, 2019, held a public hearing on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on October 22, 2019, the City Council found and determined the change in zoning be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from R-4 High Density Residential to B-2 General Buiness Zone; A TRACT OF LAND CONSISTING OF ALL OF LOT FIVE (5) H.G. CLARK’S ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. Grand Island Council Session - 10/22/2019 Page 69 / 217 ORDINANCE NO. 9751 (Cont.) - 2 - SECTION 2. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 22, 2019 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 70 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item F-2 #9752 - Consideration of Amending Chapter 37 of the Grand Island City Code Relative to Creating a Clean Energy Assessment District (PACE) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Jerry Janulewicz Grand Island Council Session - 10/22/2019 Page 71 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney ORDINANCE NO. 9752 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA TO AMEND CHAPTER 37 OF CITY CODE ADDING ARTICLE V. GRAND ISLAND PACE DISTRICT TO CREATE A CLEAN ENERGY ASSESSMENT DISTRICT; TO ESTABLISH DEFINITIONS; TO PROVIDE FOR THE FINANCING, ADMINISTRATION, AND COLLECTIONS, TO PROMOTE ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY SYSTEMS; TO CLARIFY AND/OR MAKE GENEAL CORRECTIONS TO VARIOUS CODE SECTIONS; TO REPEAL ANY ORDINANCE O PARTS OF ORDINANCES IN CONFLICT HEREIWTH; AND TO PROVIDE THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE MOAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND NEBRASKA: SECTION 1. Chapter 37 Title and Article V. Sections 37-36 thru 37- of the Grand Island City Code is hereby amended to read as follows: CHAPTER 37 PLANNING, COMMUNITY DEVELOPMENT AND GI-PACE Article V. Grand Island PACE District §37-36. Grand Island PACE (GI-PACE) District; Creation The City of Grand Island desires to create a clean energy assessment district to enable property assessed clean energy financing for its property owners while; to authorize the clean energy assessment district to enable third-party lenders to accept applications and enter into financing agreements with property owners within the boundaries of the district; and to create a clean energy assessment district, which shall be known as the Grand Island PACE District (“GI- PACE”), as authorized by Nebraska Revised Statute Sections 13-3203 and 13-3204(3), which boundaries shall be the corporate boundaries of the City of Grand Island and its extraterritorial jurisdiction. §37-37. Findings and Determinations That the City Council of the City of Grand Island, Nebraska (the “City”), hereby finds and determines as follows: Pursuant to Neb. Rev. Stat. §§13-3201 to 13-3211, inclusive, the Property Assessment Clean Energy Act (the “Act”), energy efficiency and the use of renewable energy are important for preserving the health and economic well-being of Nebraska’s citizens. Using less energy decreases the cost of living and keeps the cost of public power low by delaying the need for additional power plants. To further these goals, it is necessary for the City to promote energy efficiency improvements and renewable energy systems. Upfront costs for energy efficiency improvements and renewable energy systems may prohibit or deter many property owners from Grand Island Council Session - 10/22/2019 Page 72 / 217 ORDINANCE NO. 9752 (Cont.) - 2 - making improvements. It is necessary for the City to implement an alternative financing method through the creation of a clean energy assessment district. Financing energy projects to further these goals is a valid purpose and can be accomplished through Property Assessed Clean Energy (“PACE”) financing, which is used to overcome the upfront costs for energy efficiency improvements and renewable energy systems by using private capital and equity, rather than public debt. Pursuant to the Act and Neb. Rev. Stat. §13-3204, the City of Grand Island is authorized to establish a clean energy assessment district so that owners of qualifying property can access PACE financing for energy efficiency improvements or renewable energy improvements to their properties located in the City. The City also may enter into an agreement with one or more other municipalities pursuant to the Interlocal Cooperation Act, Neb. Rev. Stat. §§13-801, et seq., for the joint creation, administration, or creation and administration of clean energy assessment districts, pursuant to Neb. Rev. Stat. §13-3210. The City declares its intent that the provisions of this Chapter shall be in conformity with federal and state laws. The City enacts this Chapter pursuant to the Act, as amended. §37-38. Title and Definitions Except the words and phrases specifically defined below or in Neb. Rev. Stat. §13-3203, as amended, words and phrases used in this Article shall have their customary meanings. As used in this Chapter, the following words and phrases shall have the following meanings: District. The City of Grand Island PACE District, created pursuant to this Chapter, as authorized by Neb. Rev. Stat. §§13-3203 and 13-3204(3), which boundaries shall be the corporate boundaries of the City and its extraterritorial jurisdiction. District Administrator. The GI-PACE committee consisting of the Planning Director, Building Department Director, Public Works Director, Utilities Director and City Attorney, or the designee of each, or a third-party administrator selected by the City. The committee shall appoint a designee for signatures. Energy Project. The installation or modification of an energy efficiency improvement or the acquisition, installation, or improvement of a renewable energy system. Energy Projects shall be limited to projects having an estimated cost of $250,000 or more. PACE Financing. Funds provided to the owner(s) of qualified property by a third-party lender, pursuant to the Act and this Chapter, for an energy efficiency improvement or renewable energy system(s). Qualifying Property. Commercial property, including multifamily residential property having more than four (4) dwelling units, and industrial property located in the District. Grand Island Council Session - 10/22/2019 Page 73 / 217 ORDINANCE NO. 9752 (Cont.) - 3 - §37-39. District Boundaries and requirements Pursuant to Neb. Rev. Stat. §13-3204(3). The City finds that the financing of energy efficiency improvements and renewable energy systems is a valid public purpose. Such public purposes include, but are not limited to, reduced energy and water costs, reduced greenhouse gas emissions, economic stimulation and development, improved property valuation, and increased employment. a)The boundaries of the District shall be the corporate boundaries of the City and its extraterritorial jurisdiction, as allowed pursuant to Neb. Rev. Stat. § 13-3204(1). b)The District Administrator shall use a form contract, as contained in the GI-PACE Manual, for assessment contracts among the City, the owner of the qualifying property, and a third-party lender, governing the terms and conditions of financing and annual assessments in accordance with the Act, including Neb. Rev. Stat. § 13-3205(1), which provides for repayment of the costs financed through annual assessments upon the qualifying property benefited by the energy project. c)The District Administrator is authorized to enter into assessment contracts on behalf of the City. d)The District Administrator will use a financing application process and eligibility requirements, which shall be more specifically defined in a program manual created by the District Administrator for financing energy projects in accordance with the requirements of the Act and accepted by the third-party lender. §37-40. Minimum Program Eligibility Requirements Submission of an application, contained in the GI-PACE Manual, to the District Administrator, which shall include, but not be limited to, the following information: a)Applicant name and contact information, including property owner and developer; b)Project location and legal description; c)Identification of contractor or supplier, including anticipated PACE contractor and a copy of the approved bid for the energy efficiency project; d)Project description; e)Total project cost; in an amount of not less than Two-Hundred Fifty Thousand ($250,000.00) Dollars; f)Description of proposed improvements; g)Description of energy efficiency project to be financed; h)Amount of requested assessment; i)Interest rate on the PACE assessment and any required fees; j)Term of assessment; k)Energy savings report indicating estimated energy savings and estimated cost savings for the energy project issued by a duly licensed Nebraska Professional Engineer; Grand Island Council Session - 10/22/2019 Page 74 / 217 ORDINANCE NO. 9752 (Cont.) - 4 - l)Whether the applicant is requesting a waiver of the estimated economic benefit requirement; m)Title report showing any mortgage or lien holders; n)Lender consent; o)Projected jobs created by PACE project; p)Project environmental benefits; q)Funding source; and r)All other such information as needed to demonstrate the project complies with all the requirements of the Act. §37-41. Estimated Economic Benefit; Waiver; Denial; Appeal The District Administrator may grant an applicant’s request to waive the estimated economic benefit requirement. If the District Administrator denies the applicant’s waiver request, the applicant may appeal the denial by submitting a request in writing to the City Administrator for the City. The appeal shall be mailed by certified mail or hand delivered to the City Administrator within fourteen (14) days after the denial. The City Administrator will review the matter on the record made by the District Administrator and, after providing the applicant an informal opportunity to be heard, the City Administrator will make the final decision. §37-42. Project Eligibility The District Administrator shall review the application to determine whether the energy project meets the eligibility requirements of the Act and this Ordinance. An energy project shall not be eligible for PACE financing if the qualifying property is subject to any of the following: a)Delinquent ad valorem taxes; b)Delinquent personal property taxes; c)Delinquent special assessments; d)Overdue or delinquent electric, water or sewer charges; e)Involuntary liens, including but not limited to construction liens; f)Notice of default pursuant to any mortgage or deed of trust related to the qualifying property, or g)If the property owner or property developer is delinquent in the payment of any assessment required to be paid for any energy efficiency improvement financed pursuant to the Act. §37-43. Application Approval If the energy project is determined to be eligible under the terms of the Act and as required in this Chapter, the District Administrator shall review the application and approve, request additional information, or deny the application at their discretion. §37-43. Assessment Contract Grand Island Council Session - 10/22/2019 Page 75 / 217 ORDINANCE NO. 9752 (Cont.) - 5 - Upon approval of an application, the District Administrator is authorized to proceed with and execute an assessment contract. The form Contract is attached as “Exhibit A.” §37-44. Assessment Levy Pursuant to Neb. Rev. Stat. § 13-3205(7), annual assessments agreed to under an assessment contract shall be levied against the qualifying property and collected in accordance with the Act. §37-45. Debt Servicing The District shall establish procedures to determine the following in the future: a)Subject to prior approval of the City Council, the District Administrator or third party administrator shall establish Pprovisions for an adequate debt service reserve fund created under Neb. Rev. Stat. §13-3209, if applicable; b)Subject to prior approval of the City Council, the District Administrator or third party administrator shall establish Pprovisions for an adequate loss reserve fund created under Neb. Rev. Stat. §13-3208, if applicable; and c)Any application, administration, or other program fees to be charged to owners participating in the program that will be used to finance costs incurred by the City as a result of the program. §37-46. Assessment Term. The assessment term shall not exceed the weighted average useful life of the energy project paid for by the annual assessments. §37-47. Transfer Upon Sale; Movable Property Any energy efficiency improvement that is not permanently affixed to the qualifying property upon which an annual assessment is imposed to repay the cost of such energy efficiency improvement must be conveyed with the qualifying property if a transfer of ownership of the qualifying property occurs during the assessment term. §37-48. Transfer Upon Sale; Purchaser Assumes Responsibility Prior to the effective date of any contract that binds the purchaser to purchase qualifying property upon which an annual assessment is imposed, the owner shall provide notice to the purchaser that the purchaser assumes responsibility for payment of the annual assessment as provided in Neb. Rev. Stat. § 13-3205(3)(d), and that the obligations set forth in the assessment contract, including the obligation to pay annual assessments, are a covenant that shall run with the land and be assessed upon future owners of the qualifying property. §37-49. Marketing and Participant Education In connection with providing PACE financing, the City will provide for marketing and participant education. Grand Island Council Session - 10/22/2019 Page 76 / 217 ORDINANCE NO. 9752 (Cont.) - 6 - §37-50. Verification of Operation The City shall obtain, or applicable third-party lenders shall obtain and provide to the City, written verification by a duly licensed Nebraska Professional Engineer that the renewable energy system or energy efficiency improvement was properly installed and is operating as intended. §37-51. Authorization for PACE Program. Pursuant to Neb. Rev. Stat. § 13-3204(1), the District shall be governed by the Grand Island City Council. a)The District Administrator shall comply with the Act and the provisions of this Chapter and follow any applicable City procurement policy and procedures for selecting a third-party administrator, should a third-party administrator be selected for the administration of the PACE program. Any such third-party administrator must ensure that there is no financial requirement, liability, or exposure to the District or City. The District Administrator as defined in Section 2 of this ordinance may serve as the administrator of the PACE program for the District and City. b)The District or City may also engage the services of a state or local financing agency for the purposes of providing conduit bond financing for the District or City as part of its third-party administration. c)Upon selection of a third-party administrator, that third-party administrator may, on behalf of the City, accept applications for financing energy efficient improvements within the District boundaries, facilitate the financing application process, and review eligibility requirements for financing energy projects in accordance with the requirements of the Act and as accepted by the third-party lender. d)The District may be expanded via the Interlocal Cooperation Act in order to create a program of sufficient size and scale to attract qualified third-party administrators and/or to promote energy efficiency across multiple political subdivisions, as authorized under the Act. §37-52. Liability of City Officials; Liability of City That notwithstanding any other provision of law to the contrary, officers, officials, employees, or agents of the City, the District, or Hall County shall not be personally liable to any person or entity for any claims, liabilities, costs, or expenses, of whatever kind or nature, under, arising out of, or related to the City's or District’s participation in the District's PACE Program or any PACE Financing, including, without limitation, claims for or related to uncollected PACE Grand Island Council Session - 10/22/2019 Page 77 / 217 ORDINANCE NO. 9752 (Cont.) - 7 - Assessments. Not in limitation of the foregoing, the City has no liability to a property owner or lender for or related to energy savings improvements or funding under a PACE Financing or Program, other than to remit PACE Assessments received in accordance with the Act. SECTION2. Any Ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 22, 2019 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 78 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item F-3 #9753 - Consideration of Vacation of Public Utility and Drainage Easements in Prairie Commons Third Subdivision; South of Husker Highway and West of US Highway 281 (Prataria Ventures, LLC) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/22/2019 Page 79 / 217 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 22, 2019 Subject:Consideration of Vacation of Public Utility and Drainage Easements in Prairie Commons Third Subdivision; South of Husker Highway and West of US Highway 281 (Prataria Ventures, LLC) Presenter(s):John Collins PE, Public Works Director Background Public utility and drainage easements were dedicated with the plat of Prairie Commons Third Subdivision and filed with Hall County Register of Deeds on April 12, 2019 as Document No. 201902065. Discussion The current property owner/developer of Prairie Commons Third Subdivision is requesting to vacate such dedicated easements that currently lie within Lot Two (2), Block One (1) of such subdivision. There are no utilities currently or proposed within these easements that will be affected by the vacation. The attached sketch details the referenced easements to be vacated. 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 pass an ordinance vacating the public utility and drainage easements in Prairie Commons Third Subdivision (Prataria Ventures, LLC). Sample Motion Move to pass an ordinance vacating the easements. Grand Island Council Session - 10/22/2019 Page 80 / 217 Grand Island Council Session - 10/22/2019 Page 81 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9753 An ordinance to vacate existing public utility and drainage easements and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal any ordinance or parts of ordinances in conflict herewith, and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. That existing public utility and drainage easements located in Prairie Commons Third Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: A TWENTY (20) FOOT UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT TWO (2), BLOCK ONE (1), PRAIRIE COMMONS THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1), PRAIRIE COMMONS THIRD SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S02o03’02”E, ALONG THE WEST LINE OF SAID LOT 2, BLOCK 1, A DISTANCE OF 637.47 FEET; THENCE N88o20’37”E A DISTANCE OF 80.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE CENTERLINE OF A TWENTY (20) FOOT UTILITY AND DRAINAGE EASEMENT; THENCE N88o20’37”E A DISTANCE OF 221.13 FEET TO THE WEST LINE OF AN EXISTING SEVEN (7) FOOT EASEMENT AND ALSO BEING THE POINT OF TERMINATION. SAID TWENTY (20) FEET UTILITY AND DRAINAGE EASEMENT CONTAINS A CALCULATED AREA OF 4422.56 SQUARE FEET OR 0.102 ACRES MORE OR LESS. Grand Island Council Session - 10/22/2019 Page 82 / 217 ORDINANCE NO. 9753 (Cont.) - 2 - AND A TWENTY (20) FOOT UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT TWO (2), BLOCK ONE (1), PRAIRIE COMMONS THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT TWO (2), BLOCK ONE (1), PRAIRIE COMMONS THIRD SUBDIVISION; THENCE ON AN ASSUMED BEARING OF S02o03’02”E, ALONG THE WEST LINE OF SAID LOT TWO (2) BLOCK ONE (1), A DISTANCE OF 1198.91 FEET; THENCE N88o13’5”E A DISTANCE OF 682.40 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE CENTERLINE OF A TWENTY (20) FOOT UTILITY AND DRAINAGE EASEMENT; THENCE N01o39’23”W A DISTANCE OF 245.58 FEET TO THE SOUTH LINE OF AN EXISTING SEVEN (7) FOOT UTILITY EASEMENT AND ALSO BEING THE POINT OF TERMINATION. SAID TWENTY (20) FOOT UTILITY AND DRAINAGE EASEMENT CONTAINS A CALCUALTED AREA OF 4911.59 SQUARE FEET OR 0.113 ACRES MORE OR LESS. is hereby vacated. Such easements to be vacated are shown and more particularly described on Easement Vacate Exhibit 1 attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: October 22, 2019 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 83 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item F-4 #9754 - Consideration of Sale of Property Located at 215-221 East 3rd Street to S & V Investments, LLC (Parcel No. 400005751) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/22/2019 Page 84 / 217 Council Agenda Memo From:John Collins PE, Public Works Director Meeting:October 22, 2019 Subject:Consideration of Sale of Property Located at 215- 221 East 3rd Street to S & V Investments, LLC (Parcel No. 400005751) Presenter(s):John Collins PE, Public Works Director Background On August 21, 2019 the Public Works Department solicited bids to purchase the City owned parking lot at 215 -221 East 3rd Street. Such property was previously utilized to park vehicles for Hall County Transportation, now known as CRANE. With the relocation of the transit office there is no need for the City to own this parking lot. The sale of such parcel will eliminate maintenance costs and liability for the City. S & V Investments, LLC is the owner of 213 East 3rd Street, Grand Island, Nebraska, which is adjacent to the subject property. Discussion The Proposed Real Estate Purchase Agreement (the “Agreement”) would, if approved by City Council through adoption of an ordinance, authorize the execution of the Agreement and direct the sale of the above-mentioned property to S & V Investments, LLC. The buyer, at its sole cost and expense will be responsible for all expenses and fees related to document tax and recording fees, closing agent fees and closing costs involved in such sale. As provided by law, notice of the sale and the terms of sale are required to be published for three (3) consecutive weeks in a newspaper published for general circulation in the City of Grand Island. The City Clerk is directed and instructed to prepare and publish said notice. The electors of the City of Grand Island may file a remonstrance against the sale of the real estate. If a remonstrance petition against the sale is signed by registered voters of the City of Grand Island equal in number to thirty percent (30%) of the registered voters of the City of Grand Island voting at the last regular city election held in the City and filed with the City Council within thirty (30) days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. Grand Island Council Session - 10/22/2019 Page 85 / 217 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 adopt the Ordinance approving the Purchase Sale Agreement with S & V Investments, LLC and directing the sale subject to public remonstrance. Sample Motion Move to approve the ordinance. Grand Island Council Session - 10/22/2019 Page 86 / 217 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:September 10, 2019 at 2:00 p.m. FOR:Solicitation for City Owned Property at 215-221 East 3rd Street DEPARTMENT:Public Works ESTIMATE:N/A FUND/ACCOUNT:27010001-74795 PUBLICATION DATE:August 21, 2019 NO. POTENTIAL BIDDERS:2 SUMMARY Bidder:S & V Investments, LLC Grand Island, NE Bid Price:$101,001.00 cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent P2151 Grand Island Council Session - 10/22/2019 Page 87 / 217 Grand Island Council Session - 10/22/2019 Page 88 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney ORDINANCE NO. 9754 An ordinance directing and authorizing the sale of Parcel No. 400005751, addressed as 215- 221 East 3rd Street, City of Grand Island, Hall County, Nebraska to S & V Investments, LLC; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The conveyance by warranty deed to S & V Investments, LLC, a Nebraska Limited Liability Company (“Buyer”), of the City’s interests in and to Parcel No. 400005751, address as 215- 221 East 3rd Street, Grand Island, Hall County, Nebraska is hereby approved and authorized. SECTION 2. Consideration for such conveyance shall be One Hundred One Thousand Dollars and 00/100 ($101,000.00) and other valuable considerations. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three (3) consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority if hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent (30%) of the registered voters of the City of Grand Island Grand Island Council Session - 10/22/2019 Page 89 / 217 ORDINANCE NO. 9754 (Cont.) - 2 - voting at the last regular municipal election held in such City be filed with the City Council within thirty (30) days of passage and publication of such ordinance, said property shall not then, nor within one (1) year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance4 be field again such conveyance, the Mayor shall make, execute and deliver to Buyer, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen (15) days in one issue of the Grand Island Independent as provided by law. Enacted: October 22, 2019. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 90 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-1 Approving Minutes of October 8, 2019 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 10/22/2019 Page 91 / 217 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING October 8, 2019 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 October 8, 2019. Notice of the meeting was given in The Grand Island Independent on October 2, 2019. Mayor Roger G. Steele called the meeting to order at 7:00 p.m. The following City Council members were present: Mike Paulick, Jeremy Jones, Mark Stelk, Jason Conley, Vaughn Minton, Clay Schutz, Mitch Nickerson, and Chuck Haase. Councilmember Julie Hehnke was absent. The following City Officials were present: City Administrator Jerry Janulewicz, City Clerk RaNae Edwards, Finance Director Patrick Brown, Interim City Attorney Stacy Nonhof, and Public Works Director John Collins. INVOCATION was given by Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Presentation Regarding Commercial - Property Assessed Clean Energy (C-PACE). Consultant Keirstin Beck with Integro based out of Colorado and Plant Manager Zachary Ireland with JBS explained the Commercial - Property Assessed Clean Energy (C-PACE) program and how JBS would use it for their plant expansion. Ms. Beck stated there were currently 36 states in the United States that had enacted PACE enabling legislation of which Nebraska was one of them. PACE was an economic development tool for companies to create operational savings through efficiency, renewable or conservational measures. Mr. Ireland explained the expansion plans for the JBS facility. The approximately $100 million expansion would be on the southwest side of the plant. They were looking at environmental improvements, transportation improvements, employee safety, temperature controlled kill floor, higher product output, construction employment, and animal welfare. The expansion would be completed in March of 2022. Ms. Beck answered questions regarding fees for processing the application, what would happen if there was a default, how the assessments would be collected, and property taxes. Cindy Johnson representing the Chamber of Commerce, 309 West 2nd Street spoke in support of this program. PUBLIC HEARINGS: Public Hearing on Acquisition of 3505 West Old Potash Highway (Reece Construction Co., Inc.). Public Works Director John Collins reported that the Public Works Engineering staff had established a master plan for the Old Potash Highway corridor from approximately North Road Grand Island Council Session - 10/22/2019 Page 92 / 217 Page 2, City Council Regular Meeting, October 8, 2019 to Webb Road, including intersections to the north and south of Old Potash Highway. To accommodate the widening of Old Potash Highway property acquisition was necessary. Engineering staff of the Public Works Department and the Legal Department had worked with the property owner of 3505 West Old Potash Highway, Reece Construction Co., Inc., who had agreed to a purchase price of $696,000.00 for the City’s acquisition. Staff recommended approval. No public testimony was heard. CONSENT AGENDA: Motion by Paulick, second by Jones to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of September 24, 2019 City Council Regular Meeting. #2019-302 - Approving the Purchase of Liquid Ortho-Polyphosphate for Corrosion Control from Shannon Chemical Corporation of Malvern, Pennsylvania in an Annual Amount of $91,620.00. #2019-303 - Approving License Agreement between the City of Grand Island and Great Plains Communications for Power Pole Attachments. #2019-304 - Approving PGS Coal Combustion Residual CCR Groundwater Services - Tasks 10 & 11 - with HDR Engineering in an Amount not to exceed $52,960.00. #2019-305 - Approving Certificate of Final Completion for Sanitary Sewer Collection System Rehabilitation- Various Locations; Project No. 2017-S-2A & 2017-S-2B with The Diamond Engineering Company of Grand Island, Nebraska. #2019-306 - Approving Acquisition of 3505 West Old Potash Highway (Reece Construction Co., Inc.) in an Amount of $696,000.00. #2019-307 - Approving Purchase of One (1) VacAll AllJetVac for the Wastewater Division of the Public Works Department from Gradall Industries, Inc. of New Philadelphia, Ohio in an Amount of $284,554.64. #2019-308 - Approving Purchase of One (1) 2020 Model 90,000 GVW Conventional Truck- Tractor for the Solid Waste Division of the Public Works Department from Hansen International, Inc. of Grand Island, Nebraska in an Amount of $95,864.33. #2019-309 - Approving Bid Award for One (1) Used Medium Tracked Dozer for the Solid Waste Division of the Public Works Department from Marcel Equipment Limited of Ontario, Canada in an Amount of $270,000.00. RESOLUTION: #2019-310 - Consideration of Approving Preliminary Concept of Densel’s Dream Sculpture at Highway 281 and South Webb Road. City Administrator Jerry Janulewicz reported that the Grand Island Partnership for the Arts (GIPA) was seeking preliminary approval from the City Council for the City’s acquisition of a parcel of land of approximately 0.373 acres in size from Grand Island Council Session - 10/22/2019 Page 93 / 217 Page 3, City Council Regular Meeting, October 8, 2019 the Nebraska Department of Transportation (NDOT) to place a sculpture “Denzel’s Dream” upon the site. The proposed site was located immediately north of the intersection of U.S. Highway 281 and South Webb Road. It was recommended that the final approval would be considered by council at a later time and upon the following conditions: 1.GIPA had secured sufficient funds in cash, grants, and pledges all project expenses and an endowment fund for future expenses. 2.GIPA and City had executed an acceptable license agreement addressing site development, future maintenance, utilities, and related issues. Steve Anderson, 908 North Howard Street spoke in support. Motion by Minton, second by Nickerson to approve Resolution #2019-310. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Conley to approve the payment of claims for the period of September 25, 2019 through October 8, 2019 for a total amount of $3,346,737.68. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 7:39 p.m. RaNae Edwards City Clerk Grand Island Council Session - 10/22/2019 Page 94 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-2 #2019-311 - Approving City Council Meeting Schedule for 2020 Staff Contact: RaNae Edwards Grand Island Council Session - 10/22/2019 Page 95 / 217 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:October 22, 2019 Subject:City Council Meeting Schedule for 2020 Presenter(s):RaNae Edwards, City Clerk Background Grand Island City Code Chapter 2 specifies that Regular Meetings of the City Council shall be held in the Council Chambers of City Hall on the second and fourth Tuesdays of each month beginning at 7:00 p.m. City Council approved Ordinance No. 9009 on September 27, 2005 amending Chapter 2 of the Grand Island City Code allowing Study Sessions to be held at the discretion of the City Council. Discussion The City Clerk has prepared the proposed 2020 meeting schedule. This provides for the first City Council meeting to be a Regular Meeting on Tuesday, January 14, 2020. See attached proposed meeting dates. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the 2020 meeting schedule as presented 2.Refer the issue to a Committee 3.Modify the 2020 meeting schedule to meet the wishes of the Council Recommendation City Administration recommends that the Council approve the proposed 2020 City Council meeting schedule. Sample Motion Move to approve the 2020 City Council meeting schedule as proposed. Grand Island Council Session - 10/22/2019 Page 96 / 217 PROPOSED 2020 CITY COUNCIL MEETING DATES Tuesday, January 14, 2020 Tuesday, July 14, 2020 Tuesday, January 28, 2020 Tuesday, July 28, 2020 Tuesday, February 11, 2020 Tuesday, August 11, 2020 Tuesday, February 25, 2020 Tuesday, August 25, 2020 Tuesday, March 10, 2020 Tuesday, September 8, 2020 Tuesday, March 24, 2020 Tuesday, September 22, 2020 Tuesday, April 14, 2020 Tuesday, October 13, 2020 Tuesday, April 28, 2020 Tuesday, October 27, 2020 Tuesday, May 12, 2020 Tuesday, November 10 2020 Tuesday, May 26, 2020 Tuesday, November 24, 2020 Tuesday, June 9, 2020 Tuesday, December 8, 2020 Tuesday, June 23, 2020 Tuesday, December 22, 2020 Grand Island Council Session - 10/22/2019 Page 97 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-311 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA that the City Council of the City of Grand Island, Nebraska will meet in the Council Chambers, 100 East First Street at 7:00 p.m. on the below-mentioned dates: 2020 City Council Meetings: Tuesday, January 14, 2020 Tuesday, July 14, 2020 Tuesday, January 28, 2020 Tuesday, July 28, 2020 Tuesday, February 11, 2020 Tuesday, August 11, 2020 Tuesday, February 25, 2020 Tuesday, August 25, 2020 Tuesday, March 10, 2020 Tuesday, September 8, 2020 Tuesday, March 24, 2020 Tuesday, September 22, 2020 Tuesday, April 14, 2020 Tuesday, October 13, 2020 Tuesday, April 28, 2020 Tuesday, October 27, 2020 Tuesday, May 12, 2020 Tuesday, November 10, 2020 Tuesday, May 26, 2020 Tuesday, November 24, 2020 Tuesday, June 9, 2020 Tuesday, December 8, 2020 Tuesday, June 23, 2020 Tuesday, December 22, 2020 - - - Adopted by the City Council of the City of Grand Island, Nebraska on October 22, 2019. ____________________________________ _Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 98 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-3 #2019-312 - Approving Final Plat and Subdivision Agreement for Prairie Commons Fourth Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 10/22/2019 Page 99 / 217 Council Agenda Memo From:Regional Planning Commission Meeting:October 22, 2019 Subject:Prairie Commons Fourth Subdivision – Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background This property is located south of Husker Highway and west of Edwolt Street all in the City Of Grand Island, Hall County, Nebraska. (2 lots, 18.869 acres). This property is zoned RO-Residential Office Zone. A tract of land comprised of all Lot 2 Block 1 of Prairie Commons Third Subdivision in Grand Island, Hall County, Nebraska. Discussion The final plat for Prairie Commons Fourth Subdivision was considered by the Regional Planning Commission at the October 2, 2019 meeting. A motion was made by Rainforth and second by Randone to approve the final plat as presented. A roll call vote was taken and the motion passed with 11 members present and voting in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Rubio, Hendricksen and Randone) and no members present voting no. 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 - 10/22/2019 Page 100 / 217 Recommendation City Administration recommends that Council approve the final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 10/22/2019 Page 101 / 217 Developer/Owner Prataria Ventures LLC Grand Island Council Session - 10/22/2019 Page 102 / 217 3942 W Old HWY 30 PO Box 2078 Grand Island, NE 68801 To create 2 lots south of Huskeer Highway along Ewoldt Street in Grand Island, Nebraska. Size: 18.869 Acres 2 Lots Zoning: RO- Residential Office Zone Road Access: Ewoldt Street is planned as a commercial street with curb and gutter. Water Public: City water is available and will be extended. Sewer Public: City sewer is available and will be extended. Grand Island Council Session - 10/22/2019 Page 103 / 217 Grand Island Council Session - 10/22/2019 Page 104 / 217 SUBDIVISION AGREEMENT PRAIRIE COMMONS FOURTH SUBDIVISION (LOT 1 and LOT 2) In the City of Grand Island, Hall County Nebraska The undersigned, Prataria Ventures, LLC, a Nebraska limited liability company, hereinafter called the Subdivider, as owner of a tract of land in the City of Grand Island, Hall County, Nebraska, more particularly described as follows: A REPLAT OF ALL OF LOT 2, BLOCK 1, PRAIRIE COMMONS THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 821,932.62 SQUARE FEET OR 18.869 ACRES MORE OR LESS. desires to have subdivided as a subdivision the foregoing tract of land located within the corporate limits of the City of Grand Island, Nebraska, and hereby submits to the City Council of such City for acceptance as provided by law an accurate map and plat of such proposed subdivision, to be known as PRAIRIE COMMONS FOURTH SUBDIVISION, designating * This Space Reserved for Register of Deeds * Grand Island Council Session - 10/22/2019 Page 105 / 217 - 2 - explicitly the land to be laid out and particularly describing the lots, easements, and streets belonging to such subdivision, with the lots designated by number, easements by dimensions, and streets by name, and proposes to cause the plat of such subdivision when finally approved by the Regional Planning Commission and the City Council to be acknowledged by such owner, certified as to accuracy of survey by a registered land surveyor, and to contain a dedication of the easements to the use and benefit of public utilities, and of the street to the use of the public forever. In consideration of the acceptance of the plat of said PRAIRIE COMMONS FOURTH SUBDIVISION, the Subdivider hereby consents and agrees with the City of Grand Island, Nebraska, that it will install or provide at its expense the following improvements: 1.Paving. The Subdivider agrees to pave Ewoldt Street in accordance with plans and specifications approved by the City's Director of Public Works, and subject to the City's inspection. If the Subdivider fails to pave Ewoldt Street, the City may create a paving district to perform such work. The Subdivider agrees to waive the right to object to the creation of any paving district for Husker Highway and Prairie View Street where they abut the subdivision. 2.Water. Public water is available to the subdivision and the Subdivider agrees to extend, connect and provide water service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. 3.Sanitary Sewer. Public sanitary sewer is available to the subdivision and the Subdivider agrees to extend, connect and provide sanitary sewer service to all lots in the subdivision in accordance with plans and specifications approved by the Director of Public Works, and subject to the City’s inspection. Grand Island Council Session - 10/22/2019 Page 106 / 217 - 3 - 4.Storm Drainage. The Subdivider agrees to grade all lots in the subdivision in conjunction with the development proposed thereon so that storm drainage is conveyed to a public right-of-way or to other drainage systems so approved by the Director of Public Works. If the Subdivider fails to grade and maintain such drainage the City may create a drainage district to perform such work. The Subdivider agrees to waive the right to object to the creation of any drainage district benefitting the subdivision. 5.Sidewalks. The Subdivider shall install and maintain all public sidewalks required by the City of Grand Island when the lots are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. Sidewalks within the subdivision shall be conventional sidewalks. A ten (10.0) foot wide hike/bike trail as shown on the attached exhibit shall be constructed as follows: On lot one (1) and lot two (2) with the completion of Ewoldt Street. No additional sidewalk shall be necessary along the Husker Highway side of lots one (1) and two (2) after the installation of the hike/bike trail unless or until such time as deemed necessary and installation ordered by the City Council. 6.Easements. Any easements shall be kept free of obstructions and the Subdivider shall indemnify the City for any removal or repair costs caused by any obstructions. In addition, the duty to maintain the surface of any easements to keep them clear of any worthless vegetation or nuisance shall run with the land. 7.Landscaping. The Subdivider agrees to comply with the requirements of the Landscaping Regulations of the City of Grand Island, and plans as submitted to and approved by the City's Building Department. 8.Access. No driveway access shall be permitted from Husker Highway onto Lot 1 . No driveway access shall be permitted from Prairieview Street onto Lot 2. Grand Island Council Session - 10/22/2019 Page 107 / 217 - 4 - 9.Engineering Data. All final engineering plans and specifications for public improvements shall bear the signature and seal of a professional engineer registered in the State of Nebraska and shall be furnished by the Subdivider to the Department of Public Works for approval prior to contracting for construction of any improvements. Inspections of improvements under construction shall be performed under the supervision of a professional engineer registered in the State of Nebraska, and upon completion shall be subject to inspection and approval by the Department of Public Works prior to acceptance by the City of Grand Island. An "as built" set of plans and specifications including required test results bearing the seal and signature of a professional engineer registered in the State of Nebraska shall be filed with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 10.Warranty. The undersigned owner, as Subdivider, warrants that it is the owner in fee simple of the land described and proposed to be known as PRAIRIE COMMONS FOURTH SUBDIVISION, and that an abstract of title or title insurance commitment will be submitted for examination, if necessary, upon request of the City of Grand Island. 11.Successors and Assigns. This agreement shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, devisees, and legatees. Where the term "Subdivider" is used in this agreement, the subsequent owners of any lots in the subdivision shall be responsible to perform any of the conditions of this agreement if the Subdivider has not performed such conditions. Dated _____________________, 2019. PRATARIA VENTURES, LLC, Grand Island Council Session - 10/22/2019 Page 108 / 217 - 5 - A Nebraska limited liability company, Subdivider By: ____________________________________ David Ostdiek, Manager STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2019, before me, the undersigned, a Notary Public in and for said County and State, personally appeared David Ostdiek, Manager of Prataria Ventures, LLC, a Nebraska limited liability company, known personally to me to be the identical person who signed the foregoing Subdivision Agreement and acknowledged the execution thereof to be his voluntary act and deed for the purpose therein expressed on behalf of the company. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public My commission expires: __________________________ CITY OF GRAND ISLAND, NEBRASKA A Municipal Corporation By:____________________________________ Roger G. Steele, Mayor Attest: ___________________________________ __ RaNae Edwards, City Clerk STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2019, before me, the undersigned,, a Notary Public in and for said County and State, personally came Roger G. Steele, Mayor of the City of Grand Island, Nebraska, a municipal corporation, known to me to be such officer and the identical person who signed the foregoing Subdivision Agreement and acknowledged that the foregoing signature was his voluntary act and deed pursuant to Resolution 2019-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. Grand Island Council Session - 10/22/2019 Page 109 / 217 - 6 - ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 10/22/2019 Page 110 / 217 - 7 - Grand Island Council Session - 10/22/2019 Page 111 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-312 WHEREAS PRATARIA VENTURES, LLC, being the said owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “PRAIRIE COMMONS FOURTH SUBDIVISION”, a replat of all of lot 2 block 1, Prairie Commons Second Subdivision, 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 PRAIRIE COMMONS FOURTH 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, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 112 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-4 #2019-313 - Approving Bid Award - Tree Trimming Project 2020- TT-1 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/22/2019 Page 113 / 217 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:October 22, 2019 Subject:Tree Trimming Contract 2020-TT-1 Presenter(s):Timothy Luchsinger, Utilities Director Background Specifications for Contract 2020-TT-1 were prepared for trimming trees from around powerlines throughout the Utility Department’s Electrical Service Area. The work by private firms helps maintain the proper clearances for safe operation of the department’s electrical transmission and distribution lines. Twelve (12) individual areas were selected for inclusion in this year’s project. The attached drawing shows the sections for tree trimming by outside contractors for this fiscal year. Discussion The contract documents for the work were publicly advertised and notifications sent to seven (7) potential firms. The project’s specifications provide that the City may select any or all sections to be awarded under this contract. The project’s estimate was $225,000.00. One bid was received and publicly opened on October 8, 2019. The bid from Leetch Tree Service, of Grand Island, Nebraska has been reviewed and evaluated. It is without exceptions and in compliance with the specifications. Their total bid for all twelve (12) sections was $216,525.00. 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 - 10/22/2019 Page 114 / 217 Recommendation City Administration recommends that the Council award the total contract for the twelve (12) sections to Leetch Tree Service, of Grand Island, Nebraska in the amount of $216,525.00. Sample Motion Move to approve the contract for Tree Trimming 2020-TT-1 with Leetch Tree Service in the amount of $216,525.00. Grand Island Council Session - 10/22/2019 Page 115 / 217 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 8, 2019 at 2:00 p.m. FOR:Tree Trimming Contract 2020-TT-1 DEPARTMENT:Utilities ESTIMATE:$225,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:September 9, 2019 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Leetch Tree Service, LLC Grand Island, NE Bid Security:Western Surety Company Exceptions:None Bid Price: Section 01:$37,650.00 Section 02:$ 6,000.00 Section 03:$14,125.00 Section 05:$24,200.00 Section 06:$ 7,875.00 Section 07:$14,300.00 Section 08:$ 8,000.00 Section 09:$23,950.00 Section 11:$18,875.00 Section 16:$13,250.00 Section 21:$24,550.00 Section 24:$23,750.00 Total:$216,525.00 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Bryan Fiala, Electric Dist. Supt. Bryan Fiala, Electric Distribution Supt. P2155 Grand Island Council Session - 10/22/2019 Page 116 / 217 Grand IslandCouncil Session - 10/22/2019Page 117 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-313 WHEREAS, the City of Grand Island invited sealed bids for Tree Trimming Contract 2020-TT-1 according to plans and specifications on file with the Utilities Department; and WHEREAS, on October 8, 2019, one bid was received, opened and reviewed; and WHEREAS, Leetch Tree Service, 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 $216,525.00 for all twelve sections; and WHEREAS, the bid of Leetch Tree Service is less than the estimate for Tree Trimming 2020-TT-1. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Leetch Tree Service, LLC, in the amount of $216,525.00, for Tree Trimming 2020-TT-1, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 118 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-5 #2019-314 - Approving Bid Award - Electrical Circuit Breakers Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/22/2019 Page 119 / 217 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:October 22, 2019 Subject:Electrical Circuit Breakers Presenter(s):Tim Luchsinger, Utilities Director Background The Grand Island electric system utilizes several 13,800-volt substations at various locations around the City. These substations contain, among other components, distribution electrical circuit breakers that interrupt power to different areas of the City when trouble on that circuit occurs. Additionally, substations have bus circuit breakers that interrupt power to a larger area of the City in the event the distribution circuit breaker fails. As the breakers age, replacement components become difficult or impossible to find. In addition, technical advances in breaker design make it more economical to replace old and worn out breakers with new ones. Several breakers have reached an age that warrants replacement. Discussion The request was advertised in accordance with City procurement requirements. Specifications were sent to seven regional distributors. Bids were publicly opened at 2:00 p.m. on October 10, 2019. Listed below is a tabulation of the bids received: Bidder Exceptions Bid Price Siemens Industry, Inc. Wendell, North Carolina Noted $114,283.25 Wesco Distribution, Inc. Sioux City, Iowa None $184,873.13 Kriz-Davis Grand Island, Nebraska Noted $332,466.20 Grand Island Council Session - 10/22/2019 Page 120 / 217 All three bids were evaluated by utilities personnel for conformance to the specifications. The lowest bid for bus circuit breakers from Siemens Industry, Inc., contained several exceptions. One notable exception is the type of operating mechanism provided. The specifications called for an electromagnetic operator instead of the traditional spring charge mechanism. Electromagnetic operators have been available for several years and offer a significant reduction in required maintenance due to very few moving parts. The traditional spring charge mechanisms are very complex mechanical machines that have many moving parts and require very precise maintenance to keep them working properly. In addition, the bus breaker specification called for higher voltage bushings with wider spacing to reduce the chances of outages due to birds. Siemens took exception to that requirement as well. The Utilities Department already utilizes several of the breakers proposed by Wesco and has had good results. The Wesco bid has no exceptions and is under the engineer’s estimate of $250,000.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of five (5) 15.5 kV bus circuit breakers from Wesco Distribution, Inc., of Sioux City, Iowa, in the amount of $184,873.13. Sample Motion Move to purchase five (5) 15.5 kV bus circuit breakers from Wesco Distribution, Inc., in the amount of $184,873.13. Grand Island Council Session - 10/22/2019 Page 121 / 217 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:October 10, 2019 at 2:00 p.m. FOR:Electrical Circuit Breakers DEPARTMENT:Utilities ESTIMATE:$250,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:September 25, 2019 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:Siemens Industry, Inc.Kriz-Davis Wendell, NC Grand Island, NE Bid Security:Federal Insurance Co.Travelers Casualty & Surety Co. Exceptions:Noted Noted Bid Price:$106,310.00 $309,270.88 Sales Tax:$ 7,973.25 $ 23,195.32 Total Bid:$114,283.25 $332,466.20 Bidder:WESCO Distribution Sioux City, IA Bid Security:Liberty Mutual Ins. Co. Exceptions:None Bid Price:$171,975.00 Sales Tax:$ 12,898.13 Total Bid:$184,873.13 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Travis Burrdett, Assist. Utilities Director P2157 Grand Island Council Session - 10/22/2019 Page 122 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-314 WHEREAS, the City of Grand Island invited sealed bids for five (5) kV Bus Circuit Breakers, according to plans and specifications on file with the Utilities Department; and WHEREAS, on October 10, 2019, bids were received, opened and reviewed; and WHEREAS, Wesco Distribution, Inc., of Sioux City, Iowa, submitted a bid in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $184,873.13; and WHEREAS, the bid of Wesco Distribution is less than the estimate for five (5) 15.5 kV Bus Circuit Breakers. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Wesco Distribution, in the amount of $184,873.13 is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 123 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-6 #2019-315 - Approving Acquisition of Utility Easement - 228 Lake Street - Grand Island Hotel, LLC This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 10/22/2019 Page 124 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-315 WHEREAS, a public utility easement is required by the City of Grand Island from Grand Island Hotel, LLC to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including power lines and; WHEREAS, a public hearing was held on October 22, 2019, for the purpose of discussing the proposed acquisition of a utility easement on two tracts of land located through a part of Lot One (1), King’s Crossing Subdivision in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: TRACT 1 Beginning at a Northwest corner of Lot One (1), King’s Crossing Subdivision, in the City of Grand Island, Hall County, Nebraska, said point also being the Southwest corner of Lot Three (3), King’s Crossing Subdivision; thence easterly along the southerly line of said Lot One (1), said line also being the southerly line of said Lot Three (3), a distance of one hundred seventeen and sixty-six hundredths (117.66) feet; thence southeasterly, along the southerly line of an existing twenty (20.0) foot wide utility easement, a distance of twenty-two and two tenths (22.2) feet; thence westerly and parallel with the southerly line of said Lot One (1), a distance of one hundred thirty-seven and twenty-five hundredths (137.25) feet to a point on the westerly line of said Lot One (1); thence northerly, along the westerly line of said Lot One (1), a distance of ten (10.0) feet to the Point of Beginning. TRACT 2 Commencing at a Northwest corner of Lot One (1), King’s Crossing Subdivision in the City of Grand Island, Hall County, Nebraska, said point also being the Northeast corner of Lot Ten (10), Palu Subdivision; thence southerly along the westerly line of said Lot One (1), a distance of forty-six (46.0) feet to the ACTUAL Point of Beginning; thence easterly and perpendicular to the westerly line of said Lot One (1), a distance of forty (40.0) feet; thence southerly and parallel with the westerly line of said Lot One (1), a distance of twenty (20.0) feet; thence westerly and perpendicular to the westerly line of said Lot One (1), a distance of forty (40.0) feet to a point on the westerly line of said Lot One (1), thence northerly along the westerly line of said Lot One (1), a distance of twenty (20.0) feet to the said Point of Beginning. The above-described easement and right-of-way containing a combined total of .048 acres, more or less as shown on the plat dated 10/4/2019, marked Exhibit "A", attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to acquire a public utility easement from Grand Island Hotel, LLC, on the above-described tracts of land. Grand Island Council Session - 10/22/2019 Page 125 / 217 - 2 - - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _____________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 126 / 217 Grand IslandCouncil Session - 10/22/2019Page 127 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-7 #2019-316 - Approving Purchase of Fire Pumper Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 10/22/2019 Page 128 / 217 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:October 22, 2019 Subject:Consideration of Fire Pumper Purchase Presenter(s):Tim Hiemer, Division Chief Background Over the last several years, the fire department has systematically replaced much of their aging emergency vehicle fleet. The need to replace vehicles was based several factors that included apparatus age, increasing maintenance costs, and decreasing reliability. In the fiscal year 2019-20, the fire department requested and was approved $530,000 for the purchase of a fire pumper. The requested purchase would allow for a 2000 fire pumper to be placed into reserve or back up status and a 1996 fire pumper to be sold as surplus. Discussion The Grand Island Fire Department contacted the Houston Galveston Area Council (H- GAC) to obtain pricing for fire pumper that will meet the needs of the GIFD as they serve the community of Grand Island. The H-GAC provided a list of prequalified vendors that have met the competitive bidding requirements of the City of Grand Island. From the H- GAC list, a 2020 fire pumper from HME Ahrens-Fox was chosen at a price of $530,000. HME Ahrens-Fox is based out of Michigan but has an in-state service center in Snyder, Nebraska. This fire pumper will take approximately one year to build. 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 - 10/22/2019 Page 129 / 217 Recommendation City Administration recommends that the Council approve the purchase of a fire pumper from HME Ahrens-Fox at a price of $530,000. Sample Motion Move to approve the purchase of a HME Ahrens-Fox fire pumper for the price of $530,000. Grand Island Council Session - 10/22/2019 Page 130 / 217 QUOTATION Danko Emergency Equipment Co City of Grand Island FD (Modified with 1871 W) Danko Emergency Equipment Brian Stutzman Exp. Date:07/12/2019 Quote No:10214-000710/01/2019 Page 1PART NO S DESCRIPTION QTY ID == HME Ahrens-Fox 1871W Chassis - 4.001 ==1 HMC 00-00-0012 NFPA-1901, Current Edition - Complete Apparatus 1 HMC 00-00-90SF >Vocation and Basic Attributes - Apparatus 1 HMC ENG. NOTE: When placing an order this information is required with the order documents to HME. 00-00-92SF >Paint Codes and Basic Attributes - Apparatus 1 HMC ENG. NOTE: When placing an order this information is required with the order documents toHME. CHASSIS 1 HMC 00-J0-13AF HME Ahrens-Fox 1871W Custom Chassis 1 HMC 00-J0-2010 |-- Custom Chassis - Vertically Integrated Builder 1 HMC 01-A0-0100 4x2 Chassis Vocation - Two Axle - Rear Wheel Drive - MFS Frt 1 HMC 01-G0-1100 > |-- Single Frame Rails 1 HMC ENG. NOTE: For wheelbases over 210 inches upgrade to double frame rails 01-I0-1100 |-- Frame Rail Finish - Galvanized, Single Rails 1 HMC 01-I0-1500 |-- Fastner Finish - ArmorGalv®1 HMC 01-J0-4000 |-- Cab Main Frame Crossmember 1 HMC 07-A0-2018 |-- Front Axle 18,740# - Meritor MFS 1 HMC 07-AC-5200 > |-- 52° Cramp Angle 1 HMC ENG. NOTE: Upgrade can occur when 315 tires with aluminum wheels are selected on an 1871-vc, 1871-W and Spectr - NOT an SFO! 07-B0-0100 |-- Oil Seals - Front Axle - Factory Premium 1 HMC 07-C0-0210 |-- Disc Brakes - Front Axle - EX-225 1 HMC 07-R0-1018 |-- Front Suspension 18,740# - Semi-Elliptical Spring 1 HMC 07-RS-0100 |-- Shock Absorbers - Front Axle 1 HMC 07-Y0-0118 |-- Steering - 18,740# - Sheppard Single Gear 1 HMC 10-GF-1600 > |-- Goodyear 315/80R22.5-18PR (J) Front - G291 - 16,540#1 HMC ENG. NOTE: Make certain that the correct axle and suspension for the intended GAWR, the weakest link determines the GAWR. Selection of front tires with greater capacity than the axles was made availablefor states with tire width loading restrictions. 10-GV-0075 |-- Tire Speed Rating - 75 MPH 1 HMC 10-W0-1020 |-- Front - Aluminum Wheels - 9.00 1 HMC 10-X0-0100 |-- Stainless 'Baby Moon' Caps & Nutcovers 1 HMC 08-AS-1024 |-- Single Rear Axle 24,000# - Meritor RS-24-160 1 HMC 08-AV-F160 |-- 160 Series Differential - Single Axle 1 HMC 08-AV-S010 |-- Axle Lube - Non Synthetic 1 HMC 08-B0-0100 |-- Oil Seals - Rear Axle - Factory Premium 1 HMC 08-C0-0110 > |-- Disc Brakes - Single Rear Axle - EX225 1 HMC ENG. NOTE: 27000# Max Grand Island Council Session - 10/22/2019 Page 131 / 217 10/01/2019 Page 2 PART NO S DESCRIPTION QTY ID 08-PA-0300 |-- Vehicle Top Speed 65 - 68 MPH 1 HMC 08-PA-1100 |-- NFPA Vehicle Top Speed Statement (Revised 6/25/2018)1 HMC 08-R0-0100 |-- Single Axle Suspension - 27,000# - Spring 1 HMC 08-T0-0110 > |-- Automatic Tire Chains - On-Spot Brand 1 HMC ENG. NOTE: Only available on a single rear axle with an HME standard spring suspension or HME air ride. NO TELMA RETARDERS WITH THIS OPTION! 09-A0-1000 |-- Air System - Color Coded Nylon Air Lines - Single Axle 1 HMC 09-A0-1208 |-- Bendix AD SP Dryer 1 HMC 09-B0-0240 |-- Dedicated Air Horn Reservoir 1 HMC 09-D0-0106 |-- Automatic Moisture Ejectors - All Air Reservoirs 1 HMC 09-X0-1100 S < |-- Kussmaul - Auto Air 091-9B-1 - 120VAC Compressor 1 HMC Note: auto eject included with inverter 09-L0-0400 |-- ABS Brake System - 4 Wheel - Meritor/Wabco 1 HMC 09-LB-1110 |-- ABS Mud & Snow Selector Switch 1 HMC 09-RS-1010 > |-- Stability Enhancement System - 4 Wheel - Meritor/Wabco 1 HMC ENG. NOTE: Not available on all-wheel-drive chassis 10-GT-2400 |-- Goodyear 11R22.5-16PR (H) Rear M&S - G182 - 24,000#1 HMC 10-GV-0075 |-- Tire Speed Rating - 75 MPH 1 HMC 10-W0-2010 |-- Outer Rear - SA - Aluminum Wheels - 8.25 1 HMC 10-X0-0300 |-- Stainless "Lincoln Hat" Hub & Nut Covers 1 HMC 10-GW-0122 |-- Tire Pressure Monitoring Device - 2 Axles - LED Alert 1 HMC 08-RS-0500 |-- Axle & Chassis Laser Alignment 1 HMC 13-EU-6425 Cummins L9 - 450 HP - MY 18 - 1400 Radiator 1 HMC 13-A0-1400 |-- Engine Cooling System Radiator - 1400 Sq. In.1 HMC 13-A0-1450 |-- Engine Coolant Recovery System 1 HMC 13-A0-1500 |-- Charge Air Cooler - Engine Air Intake 1 HMC 13-A0-1700 |-- Radiator Coolant 1 HMC 13-A0-1900 |-- Premium Cooling System Hoses 1 HMC 13-A0-1960 |-- Constant Torque Cooling System Clamps - Entire System 1 HMC 13-A0-1974 |-- Heater Shut Off Valves 1 HMC 13-EU-9000 |-- Cummins Tariff Surcharge - January 1, 2019 (ISB - ISL)1 HMC 13-I0-0004 |-- Engine Air Intake Filter, K&N, Washable 1 HMC 13-L0-0002 |-- Engine Oil - First Fill 1 HMC 13-LD-5100 |-- Engine Magnetic Drain Plug 1 HMC 13-N0-0210 |-- Engine Brake - Cummins L9 Engine 1 HMC 13-P0-2300 |-- Fast (High) Idle - Manual Select - Auto Low Voltage 1 HMC 13-S0-0040 |-- Corrosion Inhibitor 1 HMC 13-V0-0120 |-- Auxiliary Engine Cooler - Sendure 1 HMC 13-V0-0210 |-- Spark Arrestor - Air Intake 1 HMC 13-V0-3020 |-- Fan Clutch - Fully Variable Fan Drive 1 HMC 13-Y0-0620 |-- MY 18 Compliant Exhaust Treatment System - L9 1 HMC 13-Y0-1610 > |-- Cummins Aftertreatment System - MY 18 - L9 1 HMC ENG. NOTE: Single Design 13-Y0-3010 |-- Stainless Tailpipe - Curb Side - 90° Exit - Straight Cut End 1 HMC 13-Y0-6020 S < |-- Exhaust Tailpipe Diffuser - For In-House Exhaust 1 HMC Note: Plymovent system 13-Z0-0017 |-- DEF System - 5 Gallon Reservoir - MY 18 1 HMC 14-C0-3040 |-- Allison 3000EVS Automatic Transmission 1 HMC 14-D0-0100 |-- Transmission Fluid - Allison TES-389 1 HMC 14-ER-0100 |-- Five Speed Allison Programming - 3000EVS 1 HMC 14-ET-0100 |-- Automatic Neutral Programming - 2500 EVS / 3000EVS / 4000EVS 1 HMC 14-HF-0100 |-- Drivertrain Fluid Monitoring System 1 HMC 14-W0-1100 |-- 1760 Series Drivelines 1 HMC 25-A0-2000 > |-- Fuel Tank - 50 Gallon - Stainless Straps 1 HMC ENG. NOTE: Fuel filler location - 24" behind the centerline of the rear axle. 36" minimum rear overhang. Grand Island Council Session - 10/22/2019 Page 132 / 217 10/01/2019 Page 3 PART NO S DESCRIPTION QTY ID 25-V0-0000 |-- Reinforced Fuel Lines 1 HMC 25-F0-0200 |-- Fuel Filter - Cummins - Factory 1 HMC 45-D0-0200 |-- 320 Amp Alternator - Leece-Neville - 4890JB 1 HMC CAB MODEL 1 HMC 40-D0-0128 >3/16" Alum - LFDxl 1871-W Tilt Cab - 12" Mid Raised Roof - Large Windshield 1 HMC ENG. NOTE: not on ladders or platform - use MFDxl 14-ES-0200 |-- Transmission Selector - Push Button Type 1 HMC 14-ES-0400 |-- Transmission Fluid Check - Transmission Selector 1 HMC 40-TU-4920 |-- Cab Exterior Rear Side Storage Compartments -- LFDxl 1 HMC 40-U0-0194 |-- Overhead Heater / Defroster - 1871W 1 HMC 40-U0-0470 > |-- 45K BTU AC / 33.4K BTU Heat - Ceiling Mounted Evaporator - Single Condenser 1 HMC ENG. NOTE: Single compressor, single roof condenser Ceiling mounted evaporator. This option INCLUDES a heater. ONLY ON RAISED ROOF CABS NOTAVAILABLE ON AERIALS 40-U0-0620 |-- Cab Climate Control Insulation Package 1 HMC 45-E0-0100 |-- EMI/RFI Noise Suppression 1 HMC 45-NS-0802 |-- Stainless Steel Battery Tray 1 HMC 45-NU-0304 |-- Single Battery System - 4 Group 31 1 HMC 45-NU-0410 |-- Battery Jumpers 1 HMC 45-NU-0462 |-- Battery On Indicator Light - External View 1 HMC 45-NU-0510 |-- Battery Jumper Studs 1 HMC CAB INTERIOR 1 HMC 40-D0-5112 Cab Interior Appointments and Options - 1871W -- Apparatus 1 HMC 40-DE-0300 < > |-- Engine Enclosure - Vinyl Covering - Acoustiblok - NO FLUID CHECK HATCH 1 HMC The underside insulation MUST extend completely to the bottom of the doghouse ENG. NOTE: The underside insulation MUST extend completely to the bottom of the doghouse 40-DE-1030 |-- Painted Interior Door Panels 1 HMC 40-DE-2010 |-- Interior Padding - Standard Ceiling 1 HMC 40-DE-2020 |-- Interior Padding - Standard Rear Wall 1 HMC 40-DE-2060 |-- Floor Material - Accoustical Wear Mat 1 HMC 40-DE-2070 |-- * * * Rear Facing Seat Box Covering - Accoustical Wear Mat 1 HMC 40-DE-3050 |-- Cab Door Reflective Material - Chevron 1 HMC 40-DE-4002 |-- Cab Step Well Trim - Step Tops Only 1 HMC 40-DE-7010 |-- Steering Wheel and Column 1 HMC 40-DH-0260 |-- Grab Hndls - Inside - Driver's, Officer's A-Post and Both Crew Doors 1 HMC 40-DH-1020 |-- Officer's Dash Grab Handle 1 HMC 40-DH-1220 |-- Officer's Radio Compartment With Door 1 HMC 40-DS-4120 |-- Full Width Intermediate Front Step - 100" Cab 1 HMC 40-LC-0114 |-- Open Compartment Light - Red Flashing - Whelen OS LED 1 HMC 40-LC-2010 |-- Audible Alarm for Open Compartment Circuit 1 HMC 40-LD-0100 |-- Interior Lighting Group - 1871W - 1871SFO 1 HMC 40-LD-0420 |-- LED Strip Light Interior Light Packages 1 HMC 40-LD-4010 |-- Step Nose LED Lighting - WHITE/RED 1 HMC 40-LD-5012 |-- Driver and Officer Door Strip Lighting - WHITE/RED 1 HMC 40-LD-5184 |-- Cab Door Controlled 1 HMC 40-LD-5186 > |-- Red Lighting Driver Switch Controlled 1 HMC ENG. NOTE: In addition to the door switches 40-LD-5192 |-- No Driver Controlled White Light Switch 1 HMC Grand Island Council Session - 10/22/2019 Page 133 / 217 10/01/2019 Page 4 PART NO S DESCRIPTION QTY ID 40-LD-5104 |-- Rear Crew Area (Full Width) LED Strip Lighting - WHITE/RED 1 HMC 40-LD-5184 |-- Cab Door Controlled 1 HMC 40-LD-5112 |-- Crew Cab Door Area LED Strip Lighting - WHITE/RED 1 HMC 40-LD-5184 |-- Cab Door Controlled 1 HMC 40-LD-5188 > |-- Crew Area Toggle Switch Controlled 1 HMC ENG. NOTE: In addition to the door switches 40-LD-5182 |-- Interior Cab Light Color Control 1 HMC 40-LG-1010 |-- Console - Officer Laptop Desk 1 HMC 40-LM-1010 |-- Maplight - Federal Signal LF12ES-LED 1 HMC 40-V0-0100 |-- Driver Instrumentation (J1939) and Controls 1 HMC 40-V0-0120 |-- Audible Turn Signal Reminder 1 HMC 40-V0-0122 |-- Audible Lights On Reminder 1 HMC 40-V0-0124 |-- Audible Parking Brake Reminder 1 HMC 40-V0-0130 |-- Dual Trip Odometers 1 HMC 40-V0-0148 > |-- Odometer Activated While in Pump Mode 1 HMC ENG. NOTE: This cannot be disabled with the new electronic dash as the VDC maintains the data from the engine/transmission databus. 40-V0-0150 |-- Low Fuel Warning Light and Alarm 1 HMC 40-V0-0152 |-- Transmission Temperature Warning Light and Alarm 1 HMC 40-V0-0154 |-- Low Voltage Warning Light 1 HMC 40-V0-0156 |-- Air Cleaner Restriction Indicator 1 HMC 40-V0-0160 |-- Low Coolant Warning 1 HMC 40-V0-0162 |-- Wiper Control, Intermittent 1 HMC 40-V0-0210 |-- Officer's Side Speedometer 1 HMC 69-C0-0100 |-- On Board USB Electronic Operator's Manual w/Parts List 1 HMC 40-X0-1112 |-- Control Center Sw Panel - Doghouse Mtg - EsKey - ABS Hsng 1 HMC 40-V0-0510 |-- Parking Brake Control - Doghouse Switch Panel 1 HMC 40-X0-1420 |-- No Outside Temperature Module 1 HMC 40-X0-6302 |-- Recessed Cup Holders - Console Mounted 1 HMC 45-NS-0200 |-- Apparatus Base Digital Electrical System - Class1 EsKey 1 HMC 45-NS-0210 |-- Information Display Module - Driver's Position 1 HMC 40-X0-1414 |-- Dual Port USB Charging Port - Officer's 1 HMC 40-X0-8000 |-- No Doghouse Mounted Cupholder 1 HMC 40-X0-9000 |-- No Rear Seat Base Mounted Cupholder 1 HMC 40-Y0-0104 > |-- FireCom 5200D System - Wireless - Apparatus 1 HMC ENG. NOTE: Single Radio Interface 40-Y0-0122 |-- Driver Position - Wireless 1 HMC 40-Y0-0240 > |-- {QTY} Headsets - Fire Com - UHW505 Dual Ear - Radio PTT 1 HMC ENG. NOTE: Appropriate for driver or officer positions with radio PTT Change qty to the number required 40-Y0-0123 |-- Officer Position - Wireless 1 HMC 40-Y0-0240 > |-- {QTY} Headsets - Fire Com - UHW505 Dual Ear - Radio PTT 1 HMC ENG. NOTE: Appropriate for driver or officer positions with radio PTT Change qty to the number required 40-Y0-0124 > |-- Crew Headsets - Wireless 1 HMC ENG. NOTE: Should there be fewer headsets than seating positions the headsets will be located at rear facing outboard seats then fwd facing inboard seat positions until the qty ordered is exhausted, unless you over write the shop note with your needs. 40-Y0-0190 |-- WB505R Headset Module 1 HMC Grand Island Council Session - 10/22/2019 Page 134 / 217 10/01/2019 Page 5 PART NO S DESCRIPTION QTY ID 40-Y0-0250 > |-- {QTY} Headsets - Fire Com - UHW503 Dual Ear - No Radio PTT 2 HMC ENG. NOTE: Appropriate for crew positions with NO radio PTT Change qty to the number required 40-Y0-0344 > |-- Radio Interface Cable 1 HMC ENG. NOTE: Edit spec for radio brand, make and model A .pdf is provided for the radio selection process. Absent of this information at order entry by HME the option will be deleted and the cable will not be provided by HME. 40-Y0-2994 |-- Intercom Control Mounting - Doghouse Mounted 1 HMC 40-YC-3810 |-- Back-Up Camera System 1 HMC 40-YC-3820 |-- Observation Monitor - 7" LCD - Waterproof 1 HMC 40-YC-4000 |-- Monitor Mounting - Doghouse Mounted - Driver 1 HMC 40-YC-3835 |-- Camera - Color - Rear - High Performance - Black Housing 1 HMC 40-YC-4104 |-- Operation - Transmission Reverse Powered 1 HMC 40-YC-4200 |-- Camera Mounting - Body Rear - Below Hosebed 1 HMC 40-Z0-0210 |-- 12VDC Power Circuits - Radio and/or Accessories 1 HMC 40-Z0-0300 |-- Location - Power Panel 1 HMC 40-Z0-0210 |-- 12VDC Power Circuits - Radio and/or Accessories 1 HMC 40-Z0-0340 |-- Location - Rear Doghouse - Left (Driver's) Side 1 HMC 40-Z0-0810 |-- NMO Mount - Radio Antenna Wiring - Officer's Side Forward 1 HMC 40-Z0-0856 |-- Location - Doghouse Top 1 HMC 40-Z0-0410 |-- Cab 120-volt AC Circuit 1 HMC 40-Z0-0540 |-- Location - Rear Doghouse - Left (Driver's) Side 1 HMC 40-Z0-0600 > |-- Electrical Outlet, Conf #2, Duplex, 120V/15A, Straight Blade 1 HMC ENG. NOTE: Configuration #2 from HME Form 345. 40-Z0-0410 |-- Cab 120-volt AC Circuit 1 HMC 40-Z0-0550 |-- Location - Rear Doghouse - Right (Officer's) Side 1 HMC 40-Z0-0600 > |-- Electrical Outlet, Conf #2, Duplex, 120V/15A, Straight Blade 1 HMC ENG. NOTE: Configuration #2 from HME Form 345. 40-Z0-3200 |-- AM/FM Stereo CD, Bluetooth Radio w/Four Speakers - JVC 1 HMC 40-Z0-9910 |-- Fire Extinguisher and Hazard Triangle Kit 1 HMC CAB EXTERIOR 1 HMC 40-D0-6112 Cab Exterior Appointments and Options - 1871W -- Apparatus 1 HMC 40-D0-0900 |-- Cab Crashworthiness Test 1 HMC 40-DH-2100 |-- Exterior Grab Handles - 24" Long 1 HMC 40-DH-4110 |-- Warning Light / Turn Signal, Cab Handrails 1 HMC 40-DZ-0110 |-- 3-Dimensional Stainless Front Grille 1 HMC 40-G0-1010 |-- Cab Front Mudflaps 1 HMC 40-G0-1300 |-- Cab Ground Lights - LED Strip Lights 1 HMC 40-J0-2800 |-- Mekra Lang - Smooth Chrome - Htd & Remote Control Mirrors w/Convex 1 HMC 40-J0-2802 |-- No Mirror Options 1 HMC 40-K0-1000 |-- Cab Side Windows - Fixed Glass 1 HMC 40-KA-4022 |-- Dark Gray-Lite Door Glass - Cab Side, Crew Doors and Rear (when spec'd)1 HMC 40-LE-1002 |-- Engine Maintenance Lights LED - Custom 1 HMC 40-N0-0805 |-- Cab Stainless Fender 1 HMC 40-N0-1400 |-- Exterior Rear Wall - Diamondplate Overlay 1 HMC 40-P0-0100 |-- Cab Tilt - Electric Pump 1 HMC 40-P0-0400 |-- Cab Tilt Road Interlock 1 HMC CAB AND CHASSIS PAINT 1 HMC 40-Q0-1001 Cab & Chassis Paint - 1871W 1 HMC 40-Q0-1200 |-- Black Interior Paint 1 HMC 40-Q0-2010 |-- Headliner - Black 1 HMC 40-Q0-2110 |-- Rear Wall Covering - Black 1 HMC Grand Island Council Session - 10/22/2019 Page 135 / 217 10/01/2019 Page 6 PART NO S DESCRIPTION QTY ID 40-Q0-2210 |-- Floor Covering - Black 1 HMC 40-Q0-2302 |-- Door Panels - Black 1 HMC 40-Q0-2310 |-- Doghouse Covering - Black 1 HMC 40-Q0-2502 |-- Dash Housing and Officer Console - Black 1 HMC 40-Q0-3020 > |-- Two-Tone Cab Exterior Paint 1 HMC ENG. NOTE: The following paint schemes are available: 26A & 27A 12A and SF-SFO for the SFO HME standard 37" 26A breakline. 40-Q0-3080 > |-- Cab Exterior Paint - PPG - Urethane 1 HMC ENG. NOTE: Specify paint code and color in the Paint Vocation option 40-Q0-5020 |-- Two-Tone Cab Breakline Stripe - Black 1 HMC SEATING 1 HMC 40-RS-0010 Seat Logos by Truck Model 1 HMC 40-RS-2010 > 1871W - MFDxl - LFD - 2 Rear Facing - 2 Center Fwd Face 1 HMC ENG. NOTE: MFDxl or LFD cab 40-S0-0010 |-- Seat Position 1 - Driver's Seat 1 HMC 40-S0-1350 S < |-- Highback - Air Ride Suspension - HO Bostrom - Sierra 500 - ABTS 1 HMC Note: clean cab seat 40-S0-0020 |-- Seat Position 2 - Officer's Seat 1 HMC 40-S0-4310 S < |-- SCBA Fixed Bottom Cush - Fixed Mtg - HO Bostrom - Tanker 500 - ABTS 1 HMC Note: clean cab seat 40-S0-9162 |-- Filler Pad for SCBA Seats 1 HMC 40-S0-9220 |-- HO Bostrom SecurAll SCBA Locking Bracket 1 HMC 40-S0-0080 |-- Seat Position 8 - Fwd Facing - Left Inside 1 HMC 40-S0-5810 S < > |-- SCBA Fixed Bottom Cush - Fixed Mtg - HO Bostrom - Tanker 500 - ABTS 1 HMC Note: clean cab seat ENG. NOTE: No filler pad 40-S0-9220 |-- HO Bostrom SecurAll SCBA Locking Bracket 1 HMC 40-S0-0090 |-- Seat Position 9 - Fwd Facing - Right Inside 1 HMC 40-S0-5810 S < > |-- SCBA Fixed Bottom Cush - Fixed Mtg - HO Bostrom - Tanker 500 - ABTS 1 HMC Note: clean cab seat ENG. NOTE: No filler pad 40-S0-9220 |-- HO Bostrom SecurAll SCBA Locking Bracket 1 HMC 40-S0-0100 > |-- Seat Position 10 - Fwd Facing Rt Outboard - Flip Seat Only 1 HMC ENG. NOTE: When selected in an MFD cab behind a rear facing position both seat positions will not be available for use at the same time. 40-S0-6100 |-- Forward Facing Seat Riser 1 HMC 40-S0-7420 |-- Gray / Black Durawear Seat Covering 1 HMC 40-S0-7810 |-- No Heated Seat Cushions 1 HMC 40-S0-8002 |-- Seat Belt Warning Labels 1 HMC 40-SU-2698 S < > |-- EMS Cabinet - Half Ht - Nrw Rr Facing Door - Pos 3, 4, 5, & 6 1 HMC Note: EMS mounting plate covers all the cabinets at the same height. ENG. NOTE: Please delete the seat in positions 3 & 6 40-SU-2720 S < > |-- Gen II EMS Cabinet - Half Ht - Nrw Rr Facing Dr - Seat Pos 3 1 HMC Note: special size and layout Grand Island Council Session - 10/22/2019 Page 136 / 217 10/01/2019 Page 7 PART NO S DESCRIPTION QTY ID ENG. NOTE: Please delete the seat in position 3 40-SU-4830 |-- Cabinet Install - Seatng Pos 3 - Rear Facing Behind Driver 1 HMC 40-SU-5020 S < |-- Black Webbing, EMS, Quick Release 1 HMC Note: special door material 40-SU-5112 |-- Shelves, Deep (Qty) Adjustable - Gen II EMS Cabinet 1 HMC 40-SU-5710 S < |-- Lights, Ext Compts, LED Strip Lights - Cab Door 1 HMC Note: special door and layout 40-SU-2722 S < > |-- Gen II EMS Cabinet - Half Ht - Nrw Rr Facing Dr - Seat Pos 6 1 HMC Note: special size and layout ENG. NOTE: Please delete the seat in position 6 40-SU-4860 |-- Cabinet Install - Seatng Pos 6 - Rear Facing Behind Officer 1 HMC 40-SU-5020 S < |-- Black Webbing, EMS, Quick Release 1 HMC Note: special door material 40-SU-5112 |-- Shelves, Deep (Qty) Adjustable - Gen II EMS Cabinet 1 HMC 40-SU-5710 S < |-- Lights, Ext Compts, LED Strip Lights - Cab Door 1 HMC Note: special door and layout 40-SU-2812 > |-- Gen II - EMS Cabinet - Half Ht - Rr Facing Door - Pos 4 & 5 1 HMC ENG. NOTE: Please delete the seat in position 4 and 5 Due to the height of the compartment a shelf is not suggested for this compartment. Powdercoated design 40-SU-484C |-- Cabinet Install - Seatng Pos 4 and 5 - Rear Facing Centered 1 HMC 40-SU-5020 S < |-- Black Webbing, EMS, Quick Release 1 HMC Note: special door material 40-SU-5112 |-- Shelves, Deep (Qty) Adjustable - Gen II EMS Cabinet 1 HMC 40-SU-5710 S < |-- Lights, Ext Compts, LED Strip Lights - Cab Door 1 HMC Note: special door and layout 40-SU-4000 S < > |-- EMS Cabinets - Exterior Door - Pos 7 & 10 1 HMC Note: special location ENG. NOTE: Please delete the seat in positions 3 & 6 40-SU-4010 S < > |-- EMS Cabinet - Exterior Cab Door - Seat Pos 7 1 HMC Note: same dimension and operation as lower transverse compartment door ENG. NOTE: Please delete the seat in position 3 40-SU-4830 S < |-- Cabinet Install - Seatng Pos 7 - Forward Facing Crew Area 1 HMC Note: special location 40-SU-5012 S < |-- Cab Exterior Slam Door 1 HMC Note: exterior slam door 40-SU-5020 S < |-- Roll Up Door, EMS, Gortite w/Satin Anodized Finish 1 HMC Note: interior roll up door 40-SU-5024 |-- Door Latches, EMS, Locking Lift Bar w/Door Switch 1 HMC 40-SU-5110 |-- Shelves, Deep (Qty) Adjustable - EMS Cabinet 1 HMC Grand Island Council Session - 10/22/2019 Page 137 / 217 10/01/2019 Page 8 PART NO S DESCRIPTION QTY ID 40-SU-5610 |-- EMS Cabinet Shelf Lighting 1 HMC 40-SU-4020 S < > |-- EMS Cabinet - Exterior Cab Door - Seat Pos 10 1 HMC Note: same dimension and operation as lower transverse compartment door ENG. NOTE: Please delete the seat in position 6 40-SU-4860 S < |-- Cabinet Install - Seatng Pos 10 - Forward Facing Crew Area 1 HMC Note: special location 40-SU-5012 S < |-- Cab Exterior Slam Door 1 HMC Note: exterior slam door 40-SU-5110 |-- Shelves, Deep (Qty) Adjustable - EMS Cabinet 1 HMC 40-SU-5610 |-- EMS Cabinet Shelf Lighting 1 HMC 40-S0-8014 Vehicle Data Recorder and Seat Belt Warning System 1 HMC 40-S0-8018 |-- Seat Belt Warning System Graphic Monitor Panel 1 HMC FRONT BUMPER / AUDIBLE WARNING 1 HMC 42-A2-0180 S <Front Bumper - Painted Formed -- AF1 {Opt thru Suc - Hsebin w/Prcn -Opt thru Q2}1 HMC Note: paint job color 01-V1-0036 |-- Front Bumper Extension - 24" - AF1 {Opt thru Suc - Hsebin - Opt thru Q2B}1 HMC 01-T1-0150 |-- Frt Jumpline, 1.5" w/2" Piping, 90° Swivel Adapter - {Hosebin Rear}1 HMC 01-T1-0630 |-- Swivel in Hosebin, Rear 1 HMC 01-T2-0140 |-- Drain Valve, Class 1, 3/4", Automatic 1 HMC 01-T1-0152 |-- Frt Jumpline, 1.5" w/2" Piping, 90° Swivel Adapter - {Hosebin Front}1 HMC 01-T1-0620 |-- Swivel on Gravelshield, Right of Suction Swivel 1 HMC 01-T2-0140 |-- Drain Valve, Class 1, 3/4", Automatic 1 HMC 01-W0-0700 |-- Chromed Tow Hooks Beneath Bumper 1 HMC 01-Z0-8024 |-- Front Gravelshield - AF1 1 HMC 01-Z0-8560 |-- Hose Bin, Front Bumper Mounted 1 HMC 40-G0-1420 |-- Bumper Ground Lights - LED Strip Lights 1 HMC 40-H0-1108 |-- Dual Stutter Tone Air Horns - Bumper Recessed - AF1 1 HMC 40-H0-1201 |-- Air Horn Circuit Powered - Battery and Ignition 1 HMC 40-H0-1210 |-- Air Horn Control - Lanyard 1 HMC 40-H0-1302 |-- Air/Elec Horn-Strg Wheel Cntrl - {Siren Switch Upgrade Here}1 HMC 40-H0-2130 |-- Electronic Siren - Whelen - Model 295SLSA1 1 HMC 40-H0-5410 |-- Siren Head Mounting - Doghouse Mounted 1 HMC 40-H0-3312 |-- Q2B Mechanical Siren - Bumper Recess Mtd - Driver's Side - AF1 1 HMC 40-H0-5110 |-- Siren Circuit Powered - Master Warning Light Switch 1 HMC 40-H0-5210 |-- Siren Brake Switch - Driver's Switch Panel 1 HMC 40-H0-5360 |-- Siren Control - Driver Foot & Officer Button Switches 1 HMC 40-HA-2062 |-- Siren Speakers - Two - Cast Products - Inboard Mtd - AF1 1 HMC 40-Q0-1066 |-- Black Gloss Enamel Painted Pocket Bumper 1 HMC 69-C0-0200 |-- Electronic Operator's Manual w/Parts List - One Set 1 HMC 69-C0-0300 |-- FAMA Fire Apparatus Safety Guide 1 HMC v5.001 - RELEASE DATE - 12/07/2018 1 HMC == Pump Module, 47" Side Mnt, Gen IV, Ahrens-Fox Pump - 4.001 ==1 HME 20-02-0100 >HydraTechnology, Pump House Design Requirement 1 HME ENG. NOTE: You can delete this option 20-02-0254 >Pump Enclosure, Side Mount, 47" Wide, Gen IV 1 HME ENG. NOTE: Standard Side Mount GEN IV - Ahrens-Fox Pump 20-04-0200 |-- Running Boards, L/S, R/S w/Laser Grip S/S Step Surface 1 HME 20-06-0800 |-- Dunnage Compt, w/Floor 1 HME 20-06-1610 |-- Grabrails, (2) Access Dunnage Compt, Mtd L/ R Side of Compt 1 HME 20-10-1225 |-- Work Light, (1) LED, Strip Light, Mtd Pump Compt w/Switch 1 HME 20-10-1400 |-- Pump Compartment Front Panel, SS, D-ring Latches 1 HME 20-12-0600 |-- Heater, Pump House, 53,500 BTU Hot Water w/12V Fan 1 HME 20-12-1200 > |-- Heat Pan Enclosure, Removable 1 HME ENG. NOTE: Grand Island Council Session - 10/22/2019 Page 138 / 217 10/01/2019 Page 9 PART NO S DESCRIPTION QTY ID Due to extreme heat during regeneration this option is not available for vehicles equipped with EPA07 engines where the DOC is located beneath the pump module. 20-14-0100 |-- Pump Service Access Requirements 1 HME 20-14-0412 |-- Control Panel, Side Mount Module - Gen IV - Ahrens-Fox 1 HME 20-15-0110 |-- Identification Labels - Metal Tags 1 HME 20-16-0600 |-- Pump Panel Finish, Powder Coat, Black 1 HME 20-18-1012 |-- Controls & Gauges, Side Mount - Standard Width - FRC 1 HME 20-18-1420 |-- FRC In Control 400 Pressure Governor, Engine Monitor and Pressure Display 1 HME 20-18-1550 |-- 2-1/2" Pressure Gauges, 0-400 psig - English 1 HME 20-18-1558 |-- 2-1/2" Pressure Gauge LED Lighting 1 HME 20-18-1570 |-- Pump Panel LED Lighting - WHITE/RED 1 HME 20-18-2040 |-- Drain Discharges - 90° Ports 1 HME 20-18-2404 |-- Switch, Air Horn Activation, Mtd PPanel, Push Button w/Lbl 1 HME 30-26-0410 |-- Gauge, (1) Water Tank Level - FRC Tank Vision 1 HME Side Mount Pumps 1 HME 20-22-0800 |-- Pump, Midship, Side, Ahrens-Fox "AF2000-SS", 1000-2250 GPM 1 HME 20-25-0100 |-- Gearcase Lube - Full Synthetic 80W-140 API GL-5 1 HME 20-26-0240 |-- Pump Rating, Ahrens-Fox, 1500 GPM 1 HME 20-27-0100 |-- Altitude Requirements, 0' to 2000 Feet Above Sea Level 1 HME 22-06-0910 > |-- Primer, Air Primer, Trident, On Ahrens-Fox Pumps 1 HME ENG. NOTE: 31.001.7 3/4"-NPT 3-Barrel Model Extra accessory air tank required for engines with less than 18.7 CFM compressors 22-08-0200 |-- Pump Shift, Pneumatic w/Label, Indicator Lgts, Mtd Cab/PPnl 1 HME 22-10-0828 |-- Mechanical Seal, Tungsten Crbide, Self Adjusting 1 HME 22-14-1000 |-- Thermal Relief Valve, TRV-L, Automatic 1 HME 22-14-1700 |-- Intake Pressure Relief Valve, TFT 1 HME 22-18-0400 |-- Master Drain, Class 1, Manual Mtd Pump Panel 1 HME 22-20-0100 |-- Certified NFPA Pump Test, Completed Apparatus Certificate 1 HME 22-24-0100 |-- Pump Warranty, Ahrens-Fox, AF2000, 7 year Warrany 1 HME 22-30-0200 |-- Electronic Manuals, Pump Service and Operation 1 HME Steamer Inlets 1 HME 24-02-0400 |-- Steamer Inlet, 6" NST Thread, L/S w/Strainer - No Intake Valves 1 HME 30-40-1060 |-- Cap, 6" Long Handle - HME Logo 1 HME 24-02-0500 |-- Steamer Inlet, 6" NST Thread, R/S w/Strainer - No Intake Valves 1 HME 30-40-1060 |-- Cap, 6" Long Handle - HME Logo 1 HME Intake Manifold(s)1 HME 24-02-2010 |-- Stainless Intake Piping 1 HME Rear Pump Inlets / Suctions 1 HME Left Side Small Intake 1 HME 24-21-0028 |-- Pump Side Intake, Left Side - Rear - Side Operated 1 HME 24-21-0425 |-- Suction Inlet, Side 2.5" - Side Operated Module 1 HME 24-21-1025 |-- Suction Valve Control, Push-Pull Type, Side, Adj To Valve 1 HME 30-40-1125 |-- Intake Plug, (Qty) 2.5" w/Cap & Chain 1 HME 24-21-2000 |-- No Left Forward Intake Required - Pump Side 1 HME Right Side Small Intake 1 HME 24-21-2004 |-- No Right Rear Intake Required - Pump Side 1 HME Left Side Pump Panel Discharges 1 HME 26-03-0020 |-- #1 Discharge, Left Side - Side Operated 1 HME 26-03-0410 |-- No Discharge Required 1 HME 26-03-0030 |-- #2 Discharge, Left Side - Side Operated 1 HME 26-03-0425 |-- Discharge, Side, 2.5" - 30 degree Elbow - Manual Control 1 HME 30-41-5025 |-- Discharge Cap, (Qty) 2.5" Chrome Vented Rocker Lug w/Chain 1 HME 30-41-6200 |-- Disch Red, (Qty) 2.5" NSTF to Male Garden Hose Chrm Rockr 1 HME Right Side Pump Panel Discharges 1 HME 26-03-0220 |-- #3 Discharge, Right Side - Side or Top Operated 1 HME 26-03-0440 |-- Discharge, Side, 4" - Straight - Electric Control 1 HME 30-40-4453 |-- 4" NST F to 5" Storz - 30degree - Swvl Rkr Lug - (Qty)1 HME 30-40-5012 |-- (Qty) 5" Storz w/Cap & Lanyard 1 HME 26-03-0230 |-- #4 Discharge, Right Side - Side or Top Operated 1 HME Grand Island Council Session - 10/22/2019 Page 139 / 217 10/01/2019 Page 10 PART NO S DESCRIPTION QTY ID 26-03-0425 |-- Discharge, Side, 2.5" - 30 degree Elbow - Manual Control 1 HME 30-41-5025 |-- Discharge Cap, (Qty) 2.5" Chrome Vented Rocker Lug w/Chain 1 HME Discharge Manifold(s)1 HME 26-03-4010 |-- Stainless Discharge Manifold 1 HME Rear Discharges 1 HME 26-06-0400 |-- Discharge, 2.5" R/S Rear w/1/4Trn, SwngOut Vlv & 30Deg Elbw 1 HME 26-06-0600 |-- Discharge, 2.5" L/S Rear w/1/4Trn, SwngOut Vlv & 30Deg Elbw 1 HME 30-24-0400 > |-- Water Tank Sleeve, (1) 4" Rear Intake/Discharge 1 HME ENG. NOTE: Water tank capacity does not include any provision for rear discharge or large intake sleeve(s). Water displacement will vary, depending upon overall tank capacity, body length and tank shape. 30-41-5025 |-- Discharge Cap, (Qty) 2.5" Chrome Vented Rocker Lug w/Chain 1 HME 30-24-0400 > |-- Water Tank Sleeve, (1) 4" Rear Intake/Discharge 1 HME ENG. NOTE: Water tank capacity does not include any provision for rear discharge or large intake sleeve(s). Water displacement will vary, depending upon overall tank capacity, body length and tank shape. 30-41-5025 |-- Discharge Cap, (Qty) 2.5" Chrome Vented Rocker Lug w/Chain 1 HME Deluge (Deck Gun) Piping 1 HME 28-02-0400 > |-- Piping, 3" Deluge Riser, AbvPmp w/ 3" 1/4Trn & S/S Pipe 1 HME ENG. NOTE: No Deck Gun is provided 26-12-0400 |-- Drain Valve - Manual - Manual 1/4 Turn 1 HME 28-02-0610 |-- Telescoping Waterway, TFT 18" "Extend-A-Gun" #XG18VL 1 HME 28-02-0800 |-- Deck Gun Cntrl, 3" Manual Slow Close 1 HME Crosslay Assemblies 1 HME 28-11-1350 |-- Crosslay, (2) Beds, 2.5" NST / 2.5" NST - 47" Side 1 HME 28-11-5200 |-- #1 Crosslay, Dbl Stk, 2-1/2" NST w/2-1/2" Piping, Valve 1 HME 26-12-0400 |-- Drain Valve - Manual - Manual 1/4 Turn 1 HME 28-11-6200 |-- #2 Crosslay, Dbl Stk, 2-1/2" NST w/2-1/2" Piping Valve 1 HME 26-12-0400 |-- Drain Valve - Manual - Manual 1/4 Turn 1 HME 28-11-7810 |-- Crosslay Hose Guides 1 HME 28-12-2200 |-- Cover, Crosslay, Vinyl w/End Flaps 1 HME 28-14-0400 |-- Cover Color, Crosslay, Vinyl, Midnight Black 1 HME Speedlay Assemblies 1 HME Ball Valves 1 HME 30-00-0300 |-- Ball Valves, Elkhart, Brass 1 HME Tank Plumbing and Indicators / Gauges 1 HME 30-20-0600 |-- Piping, Tank To Pump, 3" w/3" Air Operated Ball Valve 1 HME 30-22-0200 |-- Tank Refill, 1.5" Line w/ 1/4 Trn Bll Vlv 1 HME Foam Systems 1 HME 20-32-5680 >Fire Research "TurboFoam" (Direct Inj 2.6 GPM)1 HME ENG. NOTE: Option Does Not Include Foam Tank 20-32-5986 |-- Class 'A' Foam Operation Only 1 HME 20-34-0200 > |-- Foam Syst Outlets - Max Four outlets 1 HME ENG. NOTE: Select required outlets Four (4) Max Total Number of Outlets Without Engineering Review! 20-34-0500 S < > |-- Foam Outlet, (2) Crosslays 1 HME Note:changed size ENG. NOTE: Select required outlets Four (4) Max Total Number of Outlets Without Engineering Review! 20-34-0580 S < > |-- Foam Outlet, Front Bumper Crosslays 1 HME Note: changed location to front bumper crosslays Grand Island Council Session - 10/22/2019 Page 140 / 217 10/01/2019 Page 11 PART NO S DESCRIPTION QTY ID ENG. NOTE: Select required outlets Four (4) Max Total Number of Outlets Without Engineering Review! 22-02-0800 >Heat Exchanger Line, Gated, Custom 1 HME ENG. NOTE: Pick a Heat Exchanger from the Chassis Manufacturer This option does not include the heat exchanger Discharge Special Thread Adapters 1 HME == Pumper Components & Equipment - 4.001 ==1 HME 08-22-2001 >Apparatus Body Designation, Model Ahrens-Fox 1 HME ENG. NOTE: Unit shall be designated a "Ahrens-Fox" model. Body logos will be Ahrens-Fox logos. Water / Foam Tanks and Equipment 1 HME 30-02-0300 Water Tank Cnstrctn, Poly w/Tnk Lid, FillTwr, Ovrflw 1 HME 30-14-3000 |-- Foam Tank, (1) 30 Glns, Cls A, Poly, External, Frnt Hosebed 1 HME 30-28-0210 |-- Foam Tank Level Gauge, FRC 1 HME 34-04-0800 > |-- Hosebed Bulkhead, (1), Stainless Steel 1 HME ENG. NOTE: Required on all apparatus with at least one (1) foam tower. 30-18-0200 |-- Tank Mounting, Cradle Mtd, 8" x 8" x 4" x .250"1 HME 30-18-0700 |-- Tank Cradle - Hot Dip Galvanized 1 HME 30-21-0200 |-- Booster Tank Drain, 2" w/1/4 Turn Valve 1 HME APPARATUS BODY DESIGN AND CONSTRUCTION 1 HME 32-02-0200 Body Design and Construction, Pumper, Stainless Steel 1 HME 32-02-9000 |-- Compartment Interior Finish 1 HME 32-05-0100 |-- Brushed Stainless Compartment Roof - Not a Stepping Surface 1 HME 46-18-1010 |-- Rear LOWERED CENTER Tailboard, 12", LaserGrip Stainless Steel 1 HME EXTERIOR COMPARTMENTATION AND EQUIPMENT 1 HME 40-01-2110 Frame Extension, Rear 1 HME 40-01-2210 |-- Rear Frame Extension and Body Mounts Hot Dip Galvanized 1 HME 40-01-2300 |-- Fastner Finish - ArmorGalv®1 HME 40-02-0200 Ext Compartment Design and Construction, Modular, Bolted 1 HME 40-02-0204 |-- Compartment Ventilation w/Filtration 1 HME 46-28-0720 |-- Heat Shield, Exhaust Tailpipe under Compartment Floor 1 HME 40-10-0200 Long Body Configs, Approx 600 - 1800 Gallon Capacities 1 HME 40-10-0400 > |-- 5) 82"/82", FH/FD Ext Cmpts w/ThruTnk, Rect, 575 Gls, 51" HB 1 HME ENG. NOTE: Config 5 from the Excel sheet RescuePumperBodies 30-04-0800 |-- Water Tank Capacity, Rectangular, 575 US Gallons - TT - 5 51" HB 1 HME 30-02-1000 |-- Tank Fill Tower, 10" x 14", w/4" Vent 1 HME 30-12-1000 |-- Cubic Ft, Body 252, 164" OAL 1 HME HOSEBED 1 HME 34-02-0020 |-- Hosebed, Double High Side Pumper Body - Ladders Thru & Beam 1 HME 46-08-1710 |-- Coffin Compartments - Double High Side Pumpers 1 HME 46-08-1822 |-- L/S Full Length, Coffin Compartment - Pumper - 12" Wide x 24" Deep 1 HME 46-08-1920 |-- Grab Handles, Coffin Compartments, Front and Rear 1 HME 46-08-2312 |-- Coffin Compartment Doors, Lift Up Aluminum - Pair 1 HME 46-08-2322 |-- LED Coffin Compartment Lid Lighting 1 HME 46-08-2324 |-- Coffin Compartment Open Compartment Warning Light 1 HME 46-08-2122 |-- R/S Full Length, Coffin Compartment - Pumper - 12" Wide x 24" Deep 1 HME 46-08-2220 |-- Grab Handles, Coffin Compartments, Front and Rear 1 HME 46-08-2312 |-- Coffin Compartment Doors, Lift Up Aluminum - Pair 1 HME 46-08-2322 |-- LED Coffin Compartment Lid Lighting 1 HME 46-08-2324 |-- Coffin Compartment Open Compartment Warning Light 1 HME 46-08-2410 S < |-- Oil Dry Hopper 1 HME Note: changed the valve location 34-04-0600 > |-- Dividers, (Qty) Hosebed, Adjustable, Smth Alum w/Radius Crnr 1 HME ENG. NOTE: Grand Island Council Session - 10/22/2019 Page 141 / 217 10/01/2019 Page 12 PART NO S DESCRIPTION QTY ID Select two (2) or more. Verify availability of quantity selected with Sales Engineering before offering to the customer. 34-06-1002 > |-- Hosebed Covers, Dual Powered Aluminum Treadplate 1 HME ENG. NOTE: One full length FIXED hosebed divider is required with this cover An additional transverse headboard is installed with this option behind the fill tower rear headboard. The hosebed length is reduced by an additional 5-1/2" with this option. 34-04-0500 |-- Divider, (1) Hosebed, Fixed, Smth Alum w/Radius Crnr Rr 1 HME 34-06-1400 |-- Vinyl Flaps, Black, Mtd Each Alum Hsbd Cvr 1 HME LEFT SIDE EXTERIOR COMPARTMENT DIMENSIONS 1 HME 40-12-1000 |-- 82"/82", Ext Compts, L/S, 56"/52"/51" W x 24" D, FH/FD 1 HME 40-15-0160 |-- Roll Up Doors, L/S, Satin Anodized Finish - Lg Bdy - LSL 1 HME 40-16-0400 |-- Door Latches, L/S, Non-Locking Lift Bar w/Door Ajar Switch 1 HME FENDER CONFIGURATIONS 1 HME 41-00-0400 |-- Wheel Area, Single Axle, - Rr SCBA Tubes - FFS 1 HME 46-02-0200 |-- Fuel Fill, L/S Rr Fndr w/Door, Label, Vent Line 1 HME 46-06-0400 |-- Fenderettes and Wheel Well Liners - Stainless 1 HME 46-08-0200 |-- Mud Flaps, Rear 1 HME 46-28-0407 |-- SCBA Tubes, (7) Rear Wheelwell, (3) L/S - (4) R/S, Sngl Axle 1 HME 46-28-0680 |-- SCBA Bottle Retention Strap(s)1 HME RIGHT SIDE EXTERIOR COMPARTMENT DIMENSIONS 1 HME 42-02-1000 |-- 82"/82", Ext Compts, R/S, 56"/52"/51" W x 24" D, FH/FD 1 HME 42-07-0160 |-- Roll Up Doors, R/S, Satin Anodized Finish - Lg Bdy - LSL 1 HME 42-08-0400 |-- Door Latches, R/S, Non-Locking Lift Bar w/Door Ajar Switch 1 HME EXTERIOR BODY COMPONENTS 1 HME 46-05-0640 |-- Rubrail, Body, LED Strip, Armor Guard, Warning/Ground - Long Body - 14' Rescue 1 HME 46-06-0462 |-- Painted Apparatus Body - Pumper 1 HME 46-06-0602 |-- Painted Apparatus Body, Wheel Well Fender Panels 1 HME 46-06-0610 > |-- Painted Hosebed / Coffin Cmpt Exterior Side Walls 1 HME ENG. NOTE: Exterior of side walls only! Does not include front wall. This option used for hosebed walls or coffin compartment if coffin compartment option is selected. 46-10-0700 |-- Lights, Compartment, LED Strip, Armor Protected - White/Red 1 HME 46-15-0412 |-- Rear - Center - RR1 Half Height - 51" HB 1 HME 42-12-0200 |-- RR1, Ext Compt, Rear, 29" H x 48" W x 22" D, Half Height 1 HME 42-25-0200 |-- Hinged Doors, Flush Mount, Double Pan Stainless 1 HME 42-08-0200 |-- Door Latches, R/S, Hansen, Slam w/"D" Ring, Non-Locking 1 HME 84-04-5010 |-- Chevron, Rear Body NFPA, 6" - Pumper Low Rear Door 1 HME 84-04-8002 |-- Chevron Color - Red and Yellow Reflective 1 HME 42-14-0200 > |-- RR2, Ladder Stg Compt, Rear - Thru Tank - Std - No Multi Opt 1 HME ENG. NOTE: Fiberglass ladders will not fit 42-18-0400 |-- RR2a, Backboard Stg Compt, Inside Tank Compt, Rear 1 HME 42-28-0200 |-- Hinged Door, Rear, Ladder Storage 1 HME 72-00-0010 |-- Thru The Tank Ladder Group - 10-Fold, 14-Roof, 24-2 Sec 1 HME 72-04-0400 |-- Ladder, 14' Roof, Duo-Safety, Channel Rail, Aluminum 1 HME 72-06-0400 |-- Ladder, 10' Fldng Attic, Duo-Safety, Aluminum 1 HME 72-08-0400 |-- Ladder, 24' Two-Sect Ext, Duo-Safety, Solid Beam Aluminum 1 HME 46-20-0100 |-- Step, Intermediate, mid position, Laser Grip, 8" Deep x Full Width 1 HME 46-12-0250 |-- Lights, Rear Body, LED Strip Intermediate Step, Activate w/Parking Brk 1 HME 46-26-0100 |-- Handrail, Rear, 69" Horizontal Hosebed 1 HME 46-26-0710 |-- Lighting, Rear Horizontal Handrails 1 HME 57-44-1010 > |-- Ahrens-Fox - LED - Traffic Advisor 1 HME ENG. NOTE: Replaces 46-26-0810 white LED in the grab handle Grand Island Council Session - 10/22/2019 Page 142 / 217 10/01/2019 Page 13 PART NO S DESCRIPTION QTY ID 46-15-0510 |-- Rear - Left Side - Egress Steps - one (1) folding step, lower (1) fixed step 1 HME 46-16-0012 |-- Step, Folding, (1) Mounted Left Rear Upper Position 1 HME 46-18-0700 |-- Standard Folding Step 1 HME 46-20-0110 |-- Steps, Intermediate, (1) Lower, Left Corner, Laser Grip, 8" Deep 1 HME 46-26-0110 |-- Handrail, Rear Left Side, 24" Vertical 1 HME 46-15-0610 |-- Rear - Right Side - Egress Steps - upper (1) folding step, lower (1) fixed step 1 HME 46-16-0014 |-- Step, Folding, (1) Mounted Right Rear Upper Position 1 HME 46-18-0700 |-- Standard Folding Step 1 HME 46-20-0112 |-- Steps, Intermediate, (1) Lower, Right Corner, Laser Grip, 8" Deep 1 HME 46-26-0120 |-- Handrail, Rear Right Side, 24" Vertical 1 HME 46-16-0305 |-- Steps, (4) Four, Folding, Mounted Front of Body, Per NFPA 1 HME 46-18-0700 |-- Standard Folding Step 4 HME 46-16-0306 |-- No Additional Steps, Folding Front of Body 1 HME Exterior Body Equipment / Mounting Devices 1 HME 58-02-0110 |-- Floodlight, Whelen, (1) LED, Mnt Frt R/S Hsbd 1 HME SCENE LIGHTING - PUMPER / RESCUE 1 HME 58-09-1018 > |-- AF1 or SPECTR Raised Roof - Cab Side Scene Lights Required 1 HME ENG. NOTE: AF1 or Spectr Raised Roof Only 58-09-5060 |-- Scene Lights, FRC LED Scene Light w/Chrome Trim 2 HME 58-09-7002 |-- Driver's Scene Light Switch 1 HME 58-09-4012 |-- Body Rear Scene Lights Required 1 HME 58-09-5060 |-- Scene Lights, FRC LED Scene Light w/Chrome Trim 2 HME 58-09-6020 |-- Rear Scene Light Switch w/Pkg Brk Over-Ride 1 HME 58-14-0100 |-- FRC - LF Corner - High Side 1 HME 58-15-0910 |-- FRC, Spectra, Ultrabright LED, 20,000 Lumens, 12VDC 1 HME 58-18-0204 |-- Switch, Remote, 12 V w/240V Relay, Mtd Pump Panel 1 HME 58-15-8010 |-- FRC, Bottom Raise Pole - 530 1 HME 58-14-0110 |-- FRC - RF Corner - High Side 1 HME 58-15-0910 |-- FRC, Spectra, Ultrabright LED, 20,000 Lumens, 12VDC 1 HME 58-18-0204 |-- Switch, Remote, 12 V w/240V Relay, Mtd Pump Panel 1 HME 58-15-8010 |-- FRC, Bottom Raise Pole - 530 1 HME RECEIVER HITCH / PORTABLE WINCH 1 HME SHELVES 1 HME 48-02-0600 Shelves, Deep (Qty) Adjustable w/1.5" Flange, .190" Alum 8 HME 48-02-1000 S |-- Shelves Location, Specify Ext Compts 8 HME 48-08-0600 |-- Dri-Dek Mat, Installed (Qty) Shelves/Trays, Ext Compt 8 HME 48-08-1000 S |-- Dri-Dek Mat Locations, Specify Ext Compts/Shelves/Trays 8 HME 48-10-1010 |-- Dri-Dek Color - Black 8 HME TRAYS 1 HME 48-04-1600 >Trays, (Qty), Pullout w/Slides & Gas Shck, .190" Alm 250#2 HME ENG. NOTE: Fixed Tray In Bottom of Compartment (NOT ADJUSTABLE) 48-04-2000 |-- Pullout Trays, Locations, Specify Ext Compts 2 HME 48-08-0600 |-- Dri-Dek Mat, Installed (Qty) Shelves/Trays, Ext Compt 2 HME 48-08-1000 |-- Dri-Dek Mat Locations, Specify Ext Compts/Shelves/Trays 2 HME 48-10-1010 |-- Dri-Dek Color - Black 2 HME OUT AND DOWN SHELVES 1 HME FOXTRAX 1 HME 48-14-0600 Toolboards, (Qty) FoxTrax, Alum, Mtd Rr Wall, Spcfy Ext Com 1 HME 48-14-1000 |-- Toolboard Locations, Specify Ext Compts 1 HME VERTICAL DIVIDERS AND TOOLBOARDS 1 HME 48-16-0600 S <Vertical Dividers, (Qty) Aluminum Ext Compts, Specify Placem 1 HME Note: half height divider anchored to shelf bottom. TOOL BOXES 1 HME 12 VOLT ELECTRICAL SYSTEM 1 HME 50-02-0200 Electrical System, 12V, Body, Multiplexed w/Circuit Brkr Pnl 1 HME 52-01-0202 >Inverter, 3000 Watt - Xantrex Freedom 458 - Inverter/Charger 1 HME ENG. NOTE: Max recommended loading two (2) 120 VAC 500w Quartz lights and the two fender outlet options. Grand Island Council Session - 10/22/2019 Page 143 / 217 10/01/2019 Page 14 PART NO S DESCRIPTION QTY ID On a custom chassis avail in R1 and L1, on a commercial the inverter and load panel MUST be on the same side as the chassis batteries are located. 52-01-1004 |-- Installation - Inverter / Charger 1 HME 52-01-2002 |-- Kussmaul 20 AMP - 120v - Super Auto Eject 1 HME 52-01-2004 |-- Yellow Cover 1 HME 52-01-2102 |-- Cab Exterior Mounted - Behind the Driver's Door 1 HME 52-06-0202 |-- Mounting, Inverter, R1 Ext Compt 1 HME 52-20-1000 |-- Mounting Location, Load Center Panel, R1 Ext Compt 1 HME 52-18-0402 |-- Load Center Panel, Square D, Inverter Hardwired 1 HME 52-20-1210 |-- Tubing, Seal-Tite, AC Wiring, Weather Resistant 1 HME 52-22-0300 |-- Circuit Breakers,120 V, As Req, Manual Reset, Mtd Load Cnt 1 HME 52-24-2175 S <Receptacle, (1) 120V, Mtd Compartment R3 1 HME Note: connect to shoreline and inverter 52-25-0200 > |-- Electrical Outlet, Conf #2, Duplex, 120V/15A, Straight Blade 1 HME ENG. NOTE: Configuration #2 from HME Form 345. 52-24-2400 S <Receptacle, (1) 120V, Mtd Compartment L3 1 HME Note: connect to shoreline and inverter 52-25-0200 > |-- Electrical Outlet, Conf #2, Duplex, 120V/15A, Straight Blade 1 HME ENG. NOTE: Configuration #2 from HME Form 345. LIGHTING SELECTION 1 HME 54-90-0100 MAKE ICC AND WARNING LIGHT SELECTIONS HERE 1 HME 55-01-0010 |-- Custom Cab - Double Hi Side Body 1 HME 55-02-1002 |-- Custom Cab - Cab - LED - ICC Lighting - Whelen OS Series 1 HME 55-02-2000 |-- Body - LED - ICC Lighting with Body Side Clearance LED & Reflector 1 HME 55-03-0155 |-- Headlights - HIVIZ LED - Daytime Running Halo Ring - Custom Cab 1 HME 55-04-0700 |-- Frt Turn Signal - FedSig - LED - Outside Hdlts - Custom Cab 1 HME 55-05-0124 |-- Rear Stop/Tail/Turn/Reverse with NFPA Lower Zone C Warning - Techniq ICC Lights 1 HME 55-06-0480 |-- Back Up Alarm 1 HME 55-06-1000 |-- License Plate Bracket w/LED Light 1 HME 57-42-1204 |-- Rear Warning - Zone C Lower, Power Rear, TecNiq - LED 1 HME 57-03-5010 |-- Lens Color - Driver's Blue / Officer's Red 1 HME 57-01-0336 > |-- Whelen - LED - CUSTOM - Front Suction - Pumper/Tanker 1 HME ENG. NOTE: Use for Front Suctions with a swivel 55-03-0104 |-- Headlights - Upper Position - Custom Cab 1 HME 57-04-4334 S < |-- Lightbar, Frt, Ahrens-Fox Bar - 77" Dual Stack - Dual 23" Brow Lights 1 HME Note: blue left side lights and red right side lights 57-04-7914 |-- Mini Brow Alternating Flasher, Forward Lights 1 HME 57-04-7924 |-- Mini Brow Scene Light Switch 1 HME 57-20-2310 |-- Cab, Lwr, Frt, TechNiq LED 1 HME 57-03-5000 |-- Lens Color - Driver's Red / Officer's Blue 1 HME 57-32-2304 |-- Cab Side, TecNiq - LED 1 HME 57-03-5010 |-- Lens Color - Driver's Blue / Officer's Red 1 HME 57-02-0326 |-- Whelen - LED - Double Hi Side Body 1 HME 57-34-2304 |-- Body, Side over Wheel TecNiq - LED 1 HME 57-03-5000 |-- Lens Color - Driver's Red / Officer's Blue 1 HME 57-40-2302 S < |-- Upper Rear, Ahrens-Fox Upper Warn Lts - 2 Tier LED 1 HME Note: red LED on left side and blue LED on right side COMMUNICATION, MISC EQUIPMENT, LADDERS 1 HME Grand Island Council Session - 10/22/2019 Page 144 / 217 10/01/2019 Page 15 PART NO S DESCRIPTION QTY ID 70-02-0400 Labels, Identification & Safety, Mtd Drvr's Compt/Pump Panel 1 HME 70-24-0800 S <Wheel Chocks, (2) Worden HWG, HD Alum w/Sld-Out Brkt L/S 1 HME Note: special location ELECTRIC CORD REELS AND COMPONENTS 1 HME HYDRAULIC HOSE REELS 1 HME UTILITY AIR REELS 1 HME HARD SUCTION HOSE 1 HME SUCTION STRAINERS 1 HME REFLECTIVE STRIPING 1 HME 84-02-2000 Striping, 1"x4"x1" Scotchlite, Reflective, Vhcl Prmtr 1 HME 84-04-1210 |-- Body Stripe Flare, 45 Degree Up And Over Rear Axle 1 HME 84-04-3010 |-- Base Stripe Color, White Reflective 1 HME 84-04-3130 |-- Accent Stripe Color, Blue Reflective 1 HME 84-04-2900 Striping, 3M, Conspicuity Florescent Yellow-Green/Red, Shelves/Trays - Face Only 1 HME MISC. ITEMS 1 HME 86-02-0100 Misc. Fasteners Kit - Ship Loose 1 HME WARRANTIES, MANUALS, MISCELLANEOUS DOCUMENTS 1 HME 90-03-1000 Water Tank Warranty - Service Life 1 HME v5.001 - RELEASE DATE - 12/07/2018 1 HME == Limited Warranty - Use For Contracts - 4.001 ==1 HM 10-00-0030 Limited Warranty 1 HM 20-02-0030 |-- General Warranty Period - 3 Years Total 1 HM 40-00-0005 |-- Cab & Body Paint Warranty Period - 5 Years 1 HM v5.001 - RELEASE DATE - 03/04/2019 1 HM Grand Island Council Session - 10/22/2019 Page 145 / 217 Contract No.:FS 12-17 Date Prepared:10/10/2019 Buying Agency:Contractor: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:LC02 Description: $381,365.00 Cost Cost $1,257.00 $196.00 $2,893.00 $2,519.00 $316.00 $2,393.00 $248.00 $236.00 $28,381.00 $2,644.00 $633.00 $966.00 $354.00 $1,622.00 $7,145.00 $1,979.00 $1,202.00 330 $200.00 2252 $200.00 $30,910.00 Subtotal B: 88876 Cost Cost $3,567.00 1,231.00 $1,900.00 $80,654.00 $207.00 Subtotal C: 87559 19% 1 557800 =Subtotal D: 557800 Subtotal E: 2000 Cost Cost $2,000.00 ($33,250.00) $950.00 500 Subtotal F: -29800 530000 Description LC02-02 Disc Brakes-Front Axle-EX-225 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). Description Description LC02-48 NMO Mount, Radio Antenna Sireing, Each LC02-17 320 Amp Leece Neville Alternator LC02-86 Heater, Pump House, 53,500 BTU Hot Water LC02-07 Automatic Tire Chains-On-Spot Subtotal From Additional Sheet(s): LC02-42 Backup Camera System with 7" monitor,doghouse LC02-47 12 VDC power circuit, Radio or accessory LC02-89 Pump Panel Finish, Black Powder Coat LC02-09 Dedicated Air Horn Reservoir G. Total Purchase Price (D+E+F): Delivery Date: 290 Days from order Aluminum Front Wheels & Rear Outer Wheels Subtotal From Additional Sheet(s): Quantity Ordered: F. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges X Subtotal of A + B + C: Additional DiscountDealer supplied lettering Dealer supplied /installed glove connsole Dealer radio install CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only HME 1871 4 Door Custom Full-tilt Extruded Aluminum Cab, 6 man seating, stainless steel body A. Product Item Base Unit Price Per Contractor's H-GAC Contract: (877)568-2443 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. City of Grand Island NE Bryan Stutzman (308)379-9912 bstutzman@grand-island.com HME Incorporated Michael Semerad (402)750-6697 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) mike@danko.net E. H-GAC Order Processing Charge (Amount Per Current Policy) D. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C) Description LC02-73 Bumper Ground Lights-LED Hub and nut covers For this transaction the percentage is: LC02-39 Firecom 5200D wireless system with 4 headsets Rear Disc Brakes-Single Rear Axle EX225 Description Description C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) LC02-91 Switch, Air Horn Activation, Mtd Pump Panel LC02-117 Front Jumpline 1.5" with 2" plumbingLC02-47 12 VDC power circuit, Radio or accessory LC02-29 Grab Handle Interior Officers A Post and both cre LC02-87 Heat Pan Enclosure, Removable Hot Dip Galvanized Single Frame Rails LC02-63 Two Tone Cab-Standard HME breakline LC02-69 24" Front Bumper Extension with hosewell LC02-13 Cummins ISL 450HP LC02-79 Q2B Siren, Bumper Recessed LC02-11 ABS Mud & Snow Selector Switch Grand Island Council Session - 10/22/2019 Page 146 / 217 Published Options:Costs: LC02-117 Frt Jumpline, 1.5" with 2" plumbing, 1/4 turn vlv $2,252.00 LC02-163 L/S Full Length, Coffin Compartment, Aluminum $9,376.00 LC02-164 R/S Full Length, Coffin Compartment, Aluminum $9,376.00 LC02-185 Left Front Body, Mounted Quartz Light, FRC Sp $2,038.00 LC02-190 Right Front Body, Mounted Quartz Light, FRC S $2,038.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-209 Adjustable Shelf, Each $209.00 LC02-210 Pull out tray with slides, each $387.00 LC02-210 Pull out tray with slides, each $387.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-214 Dri-Dek Mat, Installed per shelf/tray, each $140.00 LC02-215 Fox Trax, Aluminum Toolboard, Mtd rear wall $446.00 LC02-216 Vertical Comopartment Divider, each $555.00 LC02-263 Striping 1"-4"-1" Scotchlite, refelective $305.00 LC02-265 Body Stripe Flare 45 degree up and over rear $678.00 Total:$30,910.00 Grand Island Council Session - 10/22/2019 Page 147 / 217 Unpublished Options:Costs: Automatic Moisture Ejectors-All Reservoirs $276.00 Kussmaul Auto Air 120 volt AC compressor $871.00 Exhaust Tailpipe diffuser for in house exhaust system $545.00 1760 Driveline upgrade $200.00 3/16" Alum-LFDxl 1871 cab with 12" mid rasied roof $8,200.00 Cab Exterior Compartments $8,121.00 Ceiling mounted Heat/AC 45Kbtu AC- 33.4Kbtuheat $2,134.00 Delete floor heat $0.00 Cab Door Reflective Trim Chevron $35.00 Grab Handles, Driver, Officer, crew doors $681.00 Officers Dash Grab handle $275.00 Officers radio compartment with door $275.00 Audible Alarm for open compartment circuit $156.00 Red Lighting, driver controlled switch $140.00 Full width, crew area, LED strip lighting, white/red $151.00 Crew Area toggle switch control for crew area lighting $281.00 Console, Officer, laptop desk $617.00 Maplight, Federal Signal LED $175.00 Officers side speedometer $439.00 Parking brake control, doghouse $245.00 Two(2) 120 volt outlets in the cab, tied to the shoreline $758.00 Warning light/turn signals, cab handrails $524.00 3 Dimensional Cab Grille $321.00 Mekra Lang, Smooth Chrome Mirrors $450.00 Delete rear facing SCBA seats $0.00 Seats to be Bostrom Clean Cab Seats $2,500.00 Custom EMS Cabinet, interior $4,800.00 Upper Exterior Cabinets, chassis cab $7,808.00 Pump Compartment Front Panel, SS, D-ring latches $664.00 Gen IV sidemount pump module $785.00 AF-2000-SS pump rated at 1500 gpm $800.00 AF-2000-SS pump warranty, 7 year $0.00 Trident Air primer $200.00 Delete dischage #1-2 1/2"$0.00 4" Discharge, 5" storz elbow $3,500.00 Discharge, L/S rear, 2 1/2"$4,300.00 Fireresearch Turbo Foam, 2.6 GPM system $10,743.00 Two(2) 2 1/2" crosslays in the pump module $2,400.00 Foam cell, 30 gallon $900.00 Foam tank level guage $638.00 Hot Dip Galvaninzed tank crade $800.00 Rear frame extension, Hot Dip Galvanized $1,048.00 Custom Body layout $0.00 Custom water tank size $0.00 Powered hosebed doors $3,400.00 Hosebed divider QTY 1 $480.00 Ahrens Fox traffic advisor $707.00 Cab Side LED scene lights $1,132.00 Rear body LED scene lights $1,132.00 Inverter/Charger Zantrex 3000 Watt $2,634.00 Two(2) Body 120 volt outlets $968.00 Ahrens Fox 77" dual stack lightbar with brow lights $1,300.00 Techniq, Lower warning lights $0.00 Ahrens Fox dual stack upper zone C lights $1,145.00 Grand Island Council Session - 10/22/2019 Page 148 / 217 Delete Ahrens Fox LDH wrench set $0.00 Delete suction hose $0.00 Total:$80,654.00 Grand Island Council Session - 10/22/2019 Page 149 / 217 Grand IslandCouncil Session - 10/22/2019Page 150 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-316 WHEREAS, the Grand Island Fire Department was budgeted funds to purchase a fire pumper; and WHEREAS, the H-GAC was utilized to secure competitive bids in accordance with City procurement policy; and WHEREAS, a 2020 pumper fire pumper manufactured by HME Ahrens-Fox of Wyoming, Michigan was chosen based on body configuration, auxiliary equipment, warranty, and service at a purchase price of $530,000. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment is authorized for the HME Ahrens-Fox fire pumper is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 151 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-8 #2019-317 - Approving Purchase of Stryker Power Cot and Power Load System Staff Contact: Cory Schmidt, Fire Chief Grand Island Council Session - 10/22/2019 Page 152 / 217 Council Agenda Memo From:Fire Chief Cory Schmidt Meeting:October 22, 2019 Subject:Purchase of Stryker Power Cot and Power Load System Presenter(s): Fire Division Chief Russ Blackburn Background The City Council approved budget for 2019-2020 included $49,000 for the purchase of a new Stryker Power Cot and Stryker Power Load system. The Fire Department has used the powered cots since we bought three in 2006. The new cot will replace a 2006 model with around 36 operating hours. (It takes about five to six seconds to raise or lower the cot.) Discussion This will be the third Power Load Systems for the GIFD. The system supports the cot while retracting the wheels for loading so personnel do not have to support the weight of the patient and the cot during this process and then it pulls the cot into a secure position in the ambulance eliminating the need to steer the cot into the securing brackets. This is where the greatest chance of injury is while loading a cot as it requires the person loading the cot to apply uneven forces or to rotate their body to steer the cot or a second person to enter the ambulance and steer the front of the cot in a stooping or squatting position. In the worst-case scenario during a collision, the firefighter paramedic and the patient are more protected from injury with the locking mechanism provided by the triple k compliant device. It secures the stretcher so it is not able to dislodge and become a projectile during a collision. It prevents additional harm to a citizen (patient) and a FF performing their job. The purchase of the cot and Power Load is $45,177.72 and $3,222.28 for installation from InstaTech. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 10/22/2019 Page 153 / 217 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the purchase of the Stryker Power Cot and Power Load system from Stryker for the price of $45,177.72 and $3,222.28 for installation from InstaTech. Sample Motion Move to approve the purchase of the Stryker Power Cot and Power Load system from Stryker for the price of $45,177.72 and $3,222.28 for installation from InstaTech. Grand Island Council Session - 10/22/2019 Page 154 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-317 WHEREAS, the Grand Island Fire Department has patient cots that are reaching the end of their useful life span and need to be replaced with new cots; and WHEREAS, the Stryker Power Load System is safer for the paramedics and patients and will reduce employee injuries. 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 approve the purchase of the Stryker Power Cot and Power Load system from Stryker for the price of $45,177.72 and $3,222.28 for installation from InstaTech. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 155 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-9 #2019-318 - Approving CDBG Sub-Recipient Agreement with Housing Development Corporation Staff Contact: Amber Alvidrez Grand Island Council Session - 10/22/2019 Page 156 / 217 Council Agenda Memo From:Amber Alvidrez, Community Development Meeting:October 22, 2019 Subject:Approving CDBG Contract #2018-5 with Housing Development Corporation Presenter(s):Amber Alvidrez, Community Development Administrator Background In October 2018, the City of Grand Island was awarded an annual allocation of $414,017 from the United States Department of Housing and Urban Development’s Community Development Block Grant Program. In August 2018, City Council approved the 2018- 2019 Annual Action Plan, which included various projects throughout Grand Island, all of which benefit low to moderate income persons or areas. Each one of these projects requires a separate contract, which comes before City Council. Discussion As part of the 2018-2019 Annual Action Plan, the Community Development Division allocated funds to assist the Housing Development Corporation in the creation of an Owner Occupied Rehab Program. This Program will seek applicants, who will then qualify for program participation by meeting the low-to-moderate income guidelines established by HUD. Once qualified, the program participants will work with the Housing Development Corporation to complete improvements to their homes. The Housing Development Corporation will complete up to $25,000 worth of improvements and a lead base paint testing ($1,600). The Housing Development Corporation has agreed to implement this program after collaboration with the City of Grand Island and their efforts to implement parameters of the 2014 Housing Study. The Housing Study parameters included revitalizing the older and dilapidated housing stock in various neighborhoods of Grand Island. The Housing Development Corporation has been awarded $250,000 from the State of Nebraska to implement this program, and the $26,500 provided by the City of Grand Island, through CDBG, will be considered the “program match.” Grand Island Council Session - 10/22/2019 Page 157 / 217 For these reasons, the City of Grand Island has allocated twenty six thousand five hundred dollars and no cents ($26,500) from the Community Development Block Grant program to assist The Housing Development Corporation implement their Owner Occupied Rehabilitation Program. This funding allocation will provide opportunities for low-to-moderate income persons to be make considerable amount of improvements to their homes, while revitalizing derelict housing in Grand Island. 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 approves CDBG Contract #2018-5 with The Housing Development Corporation and authorizes Mayor to sign all related documents. Sample Motion Move to approve CDBG Contract #2018-5 with The Housing Development Corporation. Grand Island Council Session - 10/22/2019 Page 158 / 217 1 SUBRECIPIENT CONTRACT FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING ENTITLEMENT FUNDS SECTION I. RECITALS THIS AGREEMENT, made and entered into this 8th day of October, 2019 by and between the City of Grand Island ("City/Grantee,") and Housing Development Corporation ("Sub recipient,") witnesseth: WHEREAS, the Grantee has applied for and received funds from the U.S. Department of Housing and Urban Development (HUD), under Title 1 of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds; NOW, THEREFORE, it is agreed between the parties hereto that; SECTION II. SCOPE OF SERVICE A. Activities The Sub recipient will be responsible for administering a CDBG Fiscal Year 2018 Entitlement Housing Rehabilitation, Public Facility, Public Improvement Public Service or Economic Development program in a manner satisfactory to the City/Grantee and consistent with any standards required as a condition of providing the funds, and consistent with all provisions of this Agreement. Sub recipient warrants and represents it has the requisite authority and capacity to perform all terms and conditions on Sub recipients part to be performed hereunder. B. Program Delivery Housing Development Corporation shall use twenty six thousand and five hundred dollars and 00/100($26,500.00) of Community Development Block Grant funds for rehabilitation costs and lead based paint testing, as submitted in the application for Community Development Block Grant (CDBG) funds dated (September 10, 2019) toward the goal of accomplishing rehabilitation to homes which house low to moderate income persons within Grand Island. The Housing Development program will create an Owner Occupied Rehab program which will rehabilitate a minimum of 7 homes. Fifty- one percent (51%) of these homes will be owned by persons of low income (below 80% of average medium income). Grand Island Council Session - 10/22/2019 Page 159 / 217 2 The major tasks the Sub recipient will perform include, but are not necessarily limited to the following: a. Acquisition, construction, reconstruction, rehabilitation, or installation of household needs b. Site improvements, and needs c. Lead Paint based testing C. National Objective Compliance The Sub recipient certifies that the activity (ies) carried out under this Agreement will meet the following H.U.D. National Objective: Benefit low- and/or moderate-income persons. Failure by the Sub recipient to fulfill the National Objective may result in grant funds being disallowed and required to be returned to the City/Grantee. D. Level(s) of Performance & Accomplishment - Goals and Performance Measures a.Housing Development Corporation’s goal is to accomplish an Owner Occupied Rehabilitation program. The Housing Development Corporation is responsible to perform all administrative services necessary to administer the above mentioned program. b.The Housing Development Corporation is to provide quarterly reports on achievements and program impact to include a.Number of households served b.A summary of project progress c.Client Demographics Units of Service include: The Sub-recipient’s progress will be monitored by the amount of units served, each unit being one household that receives rehabilitation services. The Sub-recipient will benefit a minimum of 7 units. 4 units served must be low to moderate income (80 % AMI) and 3 units may be any income range. E. Project Description Type of Project: Low To moderate Income Benefit Project Location: City of Grand Island Service Area: City of Grand Island Project: 2018-5 Basic Eligibility Citation: 24 CFR 570.201 Amount Funded: $26,500.00 F. Performance Monitoring Grand Island Council Session - 10/22/2019 Page 160 / 217 3 The City/Grantee reserves the right to monitor and evaluate the progress and Performance of the Sub recipient to assure the terms of this agreement are being satisfactorily met in accordance with HUD, City/Grantee and other applicable monitoring and evaluating criteria and standards. Sub recipient shall cooperate with the City/Grantee relating to such monitoring and evaluation. The City/Grantee will monitor the performance of the Sub recipient against goals and performance standards as stated above. Substandard performance as determined by the City/Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Sub recipient within a reasonable 90 days of time after being notified by the City/Grantee, Agreement suspension or termination procedures will be initiated. G. Time of Performance Housing Development Corporation shall perform the services set out above, and shall expend the Community Development Block Grant funding provided for above between September 10, 2019 and September 10, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub recipient remains in control of CDBG funds or other CDBG assets, including program income. H. Budget Housing Development Corporation shall use Twenty Six Thousand and Five Hundred Dollars &00/100 ($26,500.00) of Community Development Block Grant funds provided for the design, materials and construction needed to complete an Owner Occupied Rehabilitation program. In addition, the City/Grantee may require a more detailed budget breakdown than the one contained herein, and the Sub recipient shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the City/Grantee. Any amendments to this budget must be approved in writing by the City/Grantee and Sub recipient. I. Compensation and Method of Payment If Sub recipient is not in default hereunder, and subject to City/Grantee's receipt of the U.S. Department of Housing & Urban Development Community Development Block Grant funds, and provided the Agreement and Scope of Service are eligible Expenditures of Community Development Block Grant funds, the City/Grantee agrees to pay the Sub recipient an amount not to exceed Twenty Six Thousand and Five Hundred 00/100 Dollars ($26,500.00). There are no eligible delivery costs. Payments may be contingent upon certification of the Sub recipients’ financial management system in Grand Island Council Session - 10/22/2019 Page 161 / 217 4 accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. a. Draw-down requests may be submitted to the Community Development Administrator. Draw-down requests must be in writing and accompanied by acceptable documentation supporting the draw-down amount. Documentation should include, at a minimum, the following information: 1) Invoice itemizing amounts requested; 2) Supporting documentation for each item; and 3) Payroll slips or time cards, if applicable. Additional documentation may be requested as needed for clarification. Payment requests require City/Grantee Council approval prior to disbursal. J. Environmental Review An Environmental Review must be completed prior to the Sub recipient committing or expending any Community Development Block Grant funds. The Housing Development Corporation will conduct the Environmental Review and provide documentation of the findings to the Grantee upon its completion. The Sub recipient may not proceed with any services until receipt of written notification of the Environmental Review findings by the City/Grantee. Housing projects will require environmental reviews to be conducted on each property as it is identified. If the Environmental Review requires mitigation, no funds may be expended until mitigation has been accomplished and certified as completed and meeting HUD minimum standards by an acceptable source to the City/Grantee. Documentation evidencing the Sub recipients’ completion of its responsibilities and compliance with the National Environmental Policy Act of 1969 (NEPA), and other provisions of federal law as specified in 24 C.F.R. Part 58 which furthers the purposes of the NEPA. K. Procurement Standards and Code of Conduct Documentation evidencing adoption of Procurement Standards and Code of Conduct equivalent to those established in 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR Part 570. K. Fair Housing Documentation that the Sub recipient has specifically provided a description of the actions they will take during the course of the grant to fulfill the requirements to affirmatively further fair housing. (Applicable to housing projects) L. Implementation Schedule Grand Island Council Session - 10/22/2019 Page 162 / 217 5 CDBG Sub recipient to complete and submit to the City/Grantee the Implementation Schedule form. L. Sources and Uses of Funds (if applicable) not applicable M. Other Special Conditions Indenture of restrictive covenants, Davis Bacon sub recipient and contractor’s meeting, Davis Bacon regulations apply. N. Notices Notices required by this Agreement shall be in writing and delivered via United States Postal Service mail (postage prepaid), commercial courier, or personal delivery or sent by facsimile or other electronic means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery or sending. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, unless otherwise modified by subsequent written notice. Communication and details concerning this Agreement shall be directed to the following agreement representatives: City/Grantee Sub-recipient: City of Grand Island Housing Development Corporation ATTN: Community Development Division Michelle Callahan 100 East First Street 301 S. Burlington Grand Island NE, 68801-1968 Hastings NE 68902-1005 Telephone: (308)385-5444 ext. 212 Telephone:402-461-8407 Fax: (308) 385-5488 Fax:402-461-4400 SECTION III. GENERAL CONDITIONS A. General Compliance Any changes to the program goals, scope of services, schedule or budget, unless otherwise noted, may only be made through a written amendment to this Agreement, executed by the Sub-recipient and the City/Grantee. Changes to key Personnel assigned or their general responsibilities under this project are subject to notification and approval from the City/Grantee. Grand Island Council Session - 10/22/2019 Page 163 / 217 6 The Sub-recipient hereby agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including Subpart K of these regulations). The Sub-recipient also agrees to comply with all other applicable federal, state, and local laws, regulations, and policies governing the funds provided under this agreement. The Sub-recipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Sub-recipient shall at all times remain an “independent contractor” with respect to services to be performed under this Agreement. The City/Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Worker’s Compensation Insurance, as the Sub-recipient is an independent contractor. Sub-recipient shall be solely and entirely responsible for its acts and the acts of its agents, employees and subcontractors. C. Hold Harmless Sub-recipient further agrees to indemnify, defend and hold harmless the City/Grantee, its officers, agents and employees, from and against any and all claims, liabilities, costs, expenses, penalties or attorney fees, arising from such injuries to persons, or damages to property, or based upon or arising out of the performance or non-performance of this Agreement by Sub recipient, or out of any violation of Sub recipient of any local, state, or federal statute, ordinance, rule or regulation. D. Worker’s Compensation The Sub recipient shall provide Workers’ Compensation Insurance coverage in the amount required by law, for all of its employees involved in the performance of this Agreement. E. Insurance and Bonding The Sub recipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City/Grantee. The Sub recipient shall comply with the bonding and insurance requirements of 2 CFR 200, as now in effect and as may be amended from time to time. F. City/Grantee Recognition Grand Island Council Session - 10/22/2019 Page 164 / 217 7 The Sub recipient shall ensure recognition of the role of the City/Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to the funding source. In addition, the Sub recipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. G. Amendments The City/Grantee or Sub recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City/Grantee’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City/Grantee or Sub recipient from its obligations under this Agreement. The City/Grantee may, in its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City/Grantee and Sub recipient. SECTION IV. LIABILITY Sub recipient agrees to assume the risk of all personal injuries, including death resulting therefrom, to persons, and damage to and destruction of property, including loss of use therefrom, caused by or sustained, in whole or in part, in connection with or arising out of the performance or non-performance of this Agreement by Sub recipient, or by the conditions created thereby. SECTION V. SUSPENSION OR TERMINATION FOR CAUSE In accordance with 2 CFR 200, as now in effect and as may be amended from time to time, the City/Grantee may suspend or terminate this Agreement if the Sub recipient materially fails to comply with any terms of this Agreement, which include but are not limited to, the following: 1. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; 2. Failure, for any reason, of the Sub recipient to fulfill in a timely and proper manner its obligations under this Agreement; 3. Ineffective or improper use of funds provided under this Agreement; Grand Island Council Session - 10/22/2019 Page 165 / 217 8 4. Submission by the Sub recipient to the City/Grantee reports that are incorrect or incomplete in any material respect; or 5. Financial instability of the Sub recipient organization that will affect the abilities of the organization to carry out or complete the stated activities and scope of work. In the event of agency financial instability, a default or violation of the terms of this Agreement by the Sub recipient, or failure to use the grant for only those purposes set forth, the City/Grantee may take the following actions: A. Suspension for Cause After notice to the Sub recipient, the City/Grantee may suspend the Agreement and withhold any further payment or prohibit the Sub recipient from incurring additional obligations of grant funds, pending corrective action by the Sub recipient or a decision to terminate. B. Termination for Cause This Agreement may be terminated, in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, if the Sub recipient materially fails to comply with any term of the Agreement or applicable federal regulations. The City/Grantee may terminate the Agreement upon ten (10) days written notice, together with documentation of the reasons therefore, and after an opportunity for a hearing is afforded. The determination of the City/Grantee as to the cause of termination and the appropriateness therefore shall be final and binding upon both City/Grantee and Sub recipient. In the event projects are delayed, the Sub recipient shall notify the City/Grantee in writing, informing the City/Grantee of the issues surrounding the delay of the project. In cases where the project is not moving forward, the City/Grantee shall notify the Sub recipient of termination of the funding. In the event of termination, all finished or unfinished documents, data, studies and reports prepared by the Sub recipient under this Agreement shall, at the option of the City/Grantee, become its property and the Sub recipient shall be entitled to receive just and equitable compensation for satisfactory work completed on such materials for which compensation has not previously been paid. SECTION VI. TERMINATION FOR CONVENIENCE This Agreement may be terminated for convenience in accordance with 2 CFR 200, as now in effect and as may be amended from time to time, by either the City/Grantee or the Sub recipient, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, the City/Grantee determines that the remaining portion of the award will not accomplish the purpose for which the award was made, the City/Grantee may terminate the award in its entirety. Grand Island Council Session - 10/22/2019 Page 166 / 217 9 SECTION VII. TERMINATION OF CITY/GRANTEE'S OBLIGATIONS The City/Grantee's obligations under this Agreement will terminate in the event of suspension or non-receipt of Community Development Block Grant funds by the City/Grantee. SECTIONVIII. ADMINISTRATIVE REQUIREMENTS A. Financial Management Records of the Sub recipient and reimbursable expenses pertaining to the Scope of Services and records of accounts between the City/Grantee and the Sub recipient shall be kept on a generally recognized accounting basis. 1. Accounting Standards The Sub recipient agrees to comply with 2 CFR 200, as now in effect and as may be amended from time to time, and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub recipient shall administer its program in conformance with 2 CFR 200, as now in effect and as may be amended from time to time. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. B. Documentation & Record Keeping 1. Records to be maintained The Sub recipient shall maintain all records required by the federal regulations specified in 24 CFR Part 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but are not limited to: a) Record(s) providing a full description of each activity undertaken; b) Record(s) demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c) Record(s) required to determine the eligibility of activities; d) Record(s) required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e) Record(s) documenting compliance with the fair housing and equal opportunity components of the CDBG program; Grand Island Council Session - 10/22/2019 Page 167 / 217 10 f) Financial records as required by 24 CFR Part 570.502 and 2 CFR 200, as now in effect and as may be amended from time to time; g) Other records as necessary to document compliance with Subpart K of 24 CFR 570; and h) Real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform to the “changes in use” restrictions specified in 24 CFR 570.505, as applicable. 2. Retention The Sub recipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years. The retention period begins on the date of submission of the City/Grantee’s Consolidated Annual Performance and Evaluation Report (CAPER) to HUD in which the activities assisted under the Agreement are reported on for the final time. Records for non- expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the five-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the five year period, whichever occurs later. 3. Client Data-if applicable The Sub recipient shall maintain client data demonstrating client eligibility for services provided. Such information shall be made available to City/Grantee monitors or their designees for review upon request. Such data shall include, but not be limited to: a) Client name; b) Client address; c) Members age or other basis for determining eligibility; d) Description of services provided; e) Dates services provided; f) Beneficiary information (ethnicity, income, sex, female head of household, elderly, disabled, etc.); and g) Residence Addresses. Such information shall be made available to City/Grantee monitors or their designees for review upon request. 4. Disclosure The Sub recipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the City/Grantee’s or Sub recipients Grand Island Council Session - 10/22/2019 Page 168 / 217 11 responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Close-outs The Sub recipient’s obligation to the City/Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the City/Grantee), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Sub recipient has control over CDBG funds, including program income. All financial records pertaining to this Agreement upon completion shall remain the property of the City/Grantee. C. Reporting and Payment Procedures 1. Program Income The Sub recipient shall immediately report to the City/Grantee all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. Program income generally means gross income received by the Sub recipient, directly generated from the use of CDBG funds, with some exceptions which are detailed in 24 C.F.R. §570.500. Program income includes, but is not limited to: a) Payments of principal and interest on loans made using CDBG funds; b) Proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; c) Proceeds from the disposition of equipment purchased with CDBG funds; d) Interest earned on program income pending its disposition; and e) Interest earned on CDBG funds held in a revolving loan fund’s cash balance interest bearing account. The use of program income by the Sub recipient must be approved by the City/Grantee prior to such use and must comply with the requirements set forth at 24 CFR 570.504. The Sub recipient may retain and use program income funds only for the activity (ies) approved under this Agreement. Program income funds should be held in a non-interest bearing account. If program income funds are held in an interest bearing account, any interest earned on the program income funds must be returned to the City/Grantee on a monthly basis. Receipt and expenditures of program income funds shall be reported, in writing, at the time of receipt and expenditure, along with supporting documentation. Program income must be expended prior to drawing any remaining grant funds. Grand Island Council Session - 10/22/2019 Page 169 / 217 12 In the event the Sub recipient desires to use the program income for some other activity, it must request and receive permission from the City/Grantee before undertaking such a use. The City/Grantee will determine whether the proposed use meets the eligibility criteria of the regulations established by the CDBG funds, and notify the Sub recipient of either approval or disapproval. At conclusion of the Agreement period, or in the case of disapproval, all program income will be returned to the City/Grantee. 2. Payment Procedures Draw-downs for the payment of eligible expenses and general administration items shall be made against the line item budgets specified in the Scope of Service, and in accordance with performance. Payments shall be made upon presentation of invoices that Sub recipient certifies are true and correct copies of payments due on behalf of the Sub recipient for an activity covered by this Agreement and made in accordance and compliance with the Scope of Service. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub recipient, and not to exceed actual cash requirements. Payments will be adjusted by the City/Grantee in accordance with advance fund and program income balances available in the Sub recipient account. In addition, the City/Grantee reserves the right to liquidate funds available under this Agreement for costs incurred by the City/Grantee on behalf of the Sub recipient. Payment may be suspended by the City/Grantee in the event of nonperformance by the Sub recipient. Payments may be contingent upon certification of the Sub recipients financial management system in accordance with the standards specified in 2 CFR 200, as now in effect and as may be amended from time to time. D. Procurement 1. Compliance The Sub recipient shall comply with current City/Grantee policies concerning the purchase of equipment and shall maintain inventory records of all nonexpendable property as defined by such policies as may be procured with funds provided herein. All program assets (unexplained program income, property, equipment, etc.) shall revert to the City/Grantee upon termination of this Agreement. a. OMB Standards The Sub recipient shall procure all materials, property, or services and then shall subsequently follow all Property Standards as set out in and in accordance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, including but not limited to the requirements covering utilization and disposal of property. b. Travel expenses Grand Island Council Session - 10/22/2019 Page 170 / 217 13 Travel and related expenses for travel outside the city limits of the City of Grand Island Nebraska shall not be paid with funds provided under this Agreement without prior written approval from the City/Grantee. E. Use & Reversion of Assets Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired or improved with Community Development Block Grant funds, in accordance with the Scope of Service, the use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR 200, as now in effect and as may be amended from time to time, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following: 1. The Sub recipient shall transfer to the City/Grantee any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination. 2. Real property under the Sub recipients control that was acquired or improved, in whole or in part, with funds under this Agreement in excess of Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until thirty (30) years after expiration of this Agreement. Real property acquired or improved, in whole or in part, with funds under this Agreement between Seven Thousand and One Dollars ($7,001) and Fifteen Thousand dollars ($15,000) shall be used to meet one of the CDBG National Objectives pursuant to 24 CFR 570.208 until ten (10) years after expiration of this Agreement. 3. Sub recipient hereby agrees to use all personal assets and all real property, acquired or improved, in whole or in part, with Community Development Block Grant funds, as set forth in the Scope of Service. In the event Sub recipient ceases to use a personal asset or real property acquired, or improved, with Community Development Block Grant funds, in accordance with the Scope of Service, the Sub recipient shall return the personal asset or real property to the City/Grantee, or pay to the City/Grantee, a sum equal to its fair market value, less any portion of the value attributable to expenditures of non-Community Development Block Grant funds for the acquisition of, or improvement to, the asset or property. The Sub recipient shall transfer to the City/Grantee any Community Development Block Grant funds on hand at the time of expiration of this Agreement and any accounts receivable of Community Development Block Grant funds. Sub recipient also hereby agrees to enter into an Indenture of Restrictive Covenants Agreement (“Indenture”) with the City/Grantee of City of Grand Island/Grantee at the time of real property purchase. In this Indenture, Sub Grand Island Council Session - 10/22/2019 Page 171 / 217 14 recipient agrees to represent, warrant and covenant throughout the term of the Indenture that the land and/or facility purchased with CDBG funds will be used in accordance with Section 42 of the United States Code. Further, Sub recipient agrees that the use of such property may not change from that for which the acquisition was made unless the Owner provides affected citizens with reasonable notice of, and opportunity to comment on, any proposed change, and either (1) the new use of such property qualifies as meeting one of the national objectives in Volume 24 of the Code of Federal Regulations, Section 570.208 (24 CFR, § 570.208), or (2) if the Owner determines, after consultation with affected citizens, that it is appropriate to change the use of the property to a use which does not qualify under 24 CFR, Section 570.208, it may retain or dispose of the property for the changed use if the Sub recipients CDBG program is reimbursed in the amount of the current fair market value of the property, less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property. a) The Indenture of Restrictive Covenants shall terminate in the year designated in the Restrictive Covenant according to the terms stated in paragraph E above, based on the dollar amount of the funds granted, after the first day of the Compliance Period (such period being herein referred to as the “Compliance Period” or the “Extended Use Period”): b) Notwithstanding paragraph “a” above, the Compliance period for any building that is part of the Project shall terminate on the date the Project is acquired by foreclosure or transferred by a deed or other instrument in lieu of foreclosure unless the Secretary of the Treasury determines that such acquisition is part of an arrangement with Sub recipient a purpose of which is to terminate such Compliance Period. 4. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Sub recipient for activities under this Agreement shall be: a. Transferred to the City/Grantee for the CDBG program, or b. Retained after compensating the City/Grantee (an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment). SECTION IX. RELOCATION, REAL PROPERTY ACQUISITION AND ONE-FOR-ONE HOUSING REPLACEMENT The Sub recipient agrees to comply with: Grand Island Council Session - 10/22/2019 Page 172 / 217 15 A. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); B. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under (42 USC 5304(d)); and C. The requirements in 24 CFR 570.606(d) governing optional relocation policies. [The City/Grantee may preempt the optional policies.] The Sub recipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b) (2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Sub recipient also agrees to comply with applicable City/Grantee ordinances, resolutions, and policies concerning the displacement of persons from their residences. SECTION X. ASSURANCES The Sub recipient hereby agrees to use Community Development Block Grant funds for the purposes authorized by the City/Grantee. The Sub recipient further hereby agrees to comply with the assurances, attached hereto and incorporated herein which are required by the U.S. Department of Housing & Urban Development for all Community Development Block Grant projects. These include Federal Labor Standards requirements. SECTION XI. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub recipient hereby agrees to comply with all applicable state, local and civil rights laws and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107, and 12086. 2. Nondiscrimination The Sub recipient hereby agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in (42 USC 5309 (a)) are still applicable. Sub-recipients shall comply with state and local civil rights laws proscribing housing discrimination based on sexual orientation or gender identity. Grand Island Council Session - 10/22/2019 Page 173 / 217 16 3. Land Covenants This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (42 USC 2000d et seq.) and 24 CFR 570.601 and 570.602. In regard to the sale, lease or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Sub recipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the City/Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Sub recipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. 4. Section 504 The Sub recipient agrees to comply with all federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any federally assisted program. The City/Grantee shall provide the Sub recipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. B. Equal Opportunity 1. Approved Plan The Sub recipient hereby agrees that it shall be committed to carry out pursuant to the City/Grantee’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966. The City/Grantee shall provide Affirmative Action guidelines to the Sub recipient to assist in the formulation of such program. The Sub recipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women-and Minority-Owners Businesses (W/MBE) The Sub recipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the terms, “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51%) percent owned and controlled by minority group members or women. The Sub recipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. Grand Island Council Session - 10/22/2019 Page 174 / 217 17 3. Access to Records The Sub recipient shall furnish and cause each of its own sub recipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City/Grantee, HUD or its agent, or other authorized federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 4. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Sub recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Sub recipient, state that it is an Equal Opportunity or Affirmative Action employer. 5. Subcontract Provisions The Sub recipient will include the provisions of paragraphs, XI. A., Civil Rights, and XI. B., Affirmative Action in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own sub recipients or subcontractors. C. Employment Restrictions 1. Prohibited Activity The Sub recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities, inherently religious activities, lobbying, political patronage, and nepotism activities. 2. Labor Standards The Sub recipient hereby agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act and Related Acts as amended (40 USC 3141 et seq.), the provisions of Contract Work Hours and Safety Standards Act (40 USC 3701 et seq.) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Sub recipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Sub recipient shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City/Grantee for review upon request. The Sub recipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.000 for construction, renovation or repair work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the City/Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29CFR Parts 1,3,5 and 7 governing the payment of Grand Island Council Session - 10/22/2019 Page 175 / 217 18 wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Sub recipient of its obligation, if any, to require payment of the higher wage. The Sub recipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 3. “Section 3” Clause a. Compliance Compliance with the provisions of Section 3 of the HUD Act of 1968, as amended (12 USC 1701u), and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this Agreement, shall be a condition of the federal financial assistance provided under this Agreement and binding upon the City/Grantee, the Sub recipient and any of the Sub recipient’s sub recipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which federal assistance is provided. The Sub recipient certifies and hereby agrees that no contractual or other disability exists that would prevent compliance with these requirements. The Sub recipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” The Sub recipient further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low-and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low-and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; Grand Island Council Session - 10/22/2019 Page 176 / 217 19 where feasible, priority should be given to business concerns that provide economic opportunities to low- and very low income residents within the service area or the neighborhood in which the project is located and to low-and very low-income participants in other HUD programs. The Sub recipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. b. Subcontracts The Sub recipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Sub recipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. D. Conduct 1. Assignability This Agreement shall not be assigned or transferred by the Sub recipient without the prior written consent of the City/Grantee; provided however, that claims for money due or to become due to the Sub recipient from the City/Grantee under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be promptly furnished in writing to the City/Grantee. 2. Subcontracts a. Approvals The Sub recipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the City/Grantee prior to the execution of the agreement. b. Monitoring The Sub recipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. c. Content The Sub recipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. d. Selection Process Grand Island Council Session - 10/22/2019 Page 177 / 217 20 The Sub recipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements. Executed copies of all subcontracts shall be forwarded to the City/Grantee along with documentation concerning the selection process. 3. Hatch Act The Sub recipient hereby agrees that no funds provided, nor personnel employed under this Agreement, shall in any way or to any extent engage in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 4. Conflict of Interest The Sub recipient hereby agrees to abide by the provisions of 2 CFR 200, as now in effect and as may be amended from time to time and 24 CFR 570.611, which include (but are not limited to) the following: a. The Sub recipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by federal funds; b. No employee, officer or agent of the Sub recipient shall participate in the selection, or in the award, or administration of, a contract supported by federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes but is not limited to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City/Grantee, the Sub recipient, or any designated public agency; and d. The Sub recipient covenants that neither it nor any member of its Board of Directors, officers, or employees presently have any interest in any project to be financed under the Scope of Service, and shall not acquire any interest therein which would conflict with the performance of the Scope of Service required under this Agreement or applicable statute, rule or regulation. Such a conflict would arise when: the employee, officer or Grand Island Council Session - 10/22/2019 Page 178 / 217 21 agent; any member of their immediate family; their partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm/household selected for award. The Sub recipients officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements during office tenure or for one year after the closeout of the grant. This stipulation must be included in all other contracts and subcontracts to this grant. 5. Lobbying The Sub recipient certifies, to the best of its knowledge and belief, that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the Sub recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. c. The Sub recipient shall require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and co-operative agreements) and that all Sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 6. Copyright Grand Island Council Session - 10/22/2019 Page 179 / 217 22 If this Agreement results in any copyrightable material or inventions, the Grantee and/or City/Grantee reserves the right to a royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for governmental purposes. 7. Religious Activities The Sub recipient hereby agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization. SECTION XII. ENVIRONMENTAL CONDITIONS A. Air and Water The Sub recipient hereby agrees to comply with the following requirements insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C., 7401, et seq.; 2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 308, and all regulations and guidelines issued thereunder; and 3. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Sub recipient shall assure that the activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint The Sub recipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR 35.100 et seq. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under Grand Island Council Session - 10/22/2019 Page 180 / 217 23 seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation The Sub recipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a federal, state, or local historic property list. SECTION XII. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. SECTION XIV. SECTION HEADINGS AND SUBHEADINGS The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. SECTION XV. WAIVER The City/Grantee’s failure to act with respect to a breach by the Sub recipient shall not result in a waiver of its right to act with respect to subsequent or similar breaches. The failure of the City/Grantee to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. SECTION XVI. ENTIRE AGREEMENT The provisions set forth in Sections I-XVI, and all attachments of this Agreement constitute, the entire agreement between the parties hereto and no statement, promise, conditions, understanding, inducement or representation, oral or written, express or implied, which is not contained herein shall not be binding or valid. Grand Island Council Session - 10/22/2019 Page 181 / 217 24 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the most recent signatory. Grantee: City of Grand Island, Nebraska Date _____________________________ By_____________________________________ Roger G. Steele, Mayor, City of Grand Island Attest: _______________________________________ CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ______________________________________________ Stacy R. Nonhof, Assistant City Attorney Sub-Recipient: Housing Development Corporation. Date _____________________________ By____________________________________ Michelle Callahan, Executive Director Date By Board President Grand Island Council Session - 10/22/2019 Page 182 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-318 WHEREAS, the City of Grand Island, Nebraska was awarded a $414,017 as part of the United States Department of Housing and Urban Development’s Community Development Block Grant (CDBG) Program; and WHEREAS, City Council approved the 2018-2019 Annual Action Plan; and WHEREAS, The Housing Development Corporation is eligible to make use of CDBG Funds; and WHEREAS, the City must enter into a Sub-Recipient Agreement with each organization to identified in the 2018-2019 Annual Action Plan. 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 enter into a Sub-Recipient Agreement with The Housing Development Corporation and the Mayor is hereby authorized and directed to execute such contracts. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 183 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-10 #2019-319 - Approving Subordination Agreement - FAmos Construction Staff Contact: Amber Avidrez Grand Island Council Session - 10/22/2019 Page 184 / 217 Council Agenda Memo From:Amber Alvidrez, Community Development Council Meeting:October 22, 2019 Subject:Approving Subordination Agreement for 116/118 W 3rd Street Grand Island Nebraska Presenter(s):Amber Alvidrez, Community Development Administrator Background The City Of Grand Island has a Deed of Trust filed on property owned by FAMOS CONSTRUCTION, INC a Nebraska corporation and THE CHOCOLATE BAR, INC., a Nebraska corporation located at 116/118 West Third St., in the amount of $159,200. On May 25, 2016, Community Development Block Grant funds in the amount of $159,200 were loaned to FAMOS CONSTRUCTION INC., a Nebraska Corporation and THE CHOCOLATE BAR, INC, a Nebraska Corporation to assist in the revitalization of downtown. The legal description is: THE WESTERLY TWO THIRDS(W 2/30 OF LOT SIX (6), IN BLOCK FIFTY FIVE (55), OF THE ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. The owner is requesting permission from the City to subordinate to the new Loan amount and accept and remain in third position. The equity in the property is in excess of the lien amounts held by both the City and the bank. Discussion A new lien in the amount of $60,000 with Pinnacle Bank would by law be junior in priority to the City’s lien; however, Pinnacle Bank, has asked the City to subordinate its Deed of Trust to the new Deed of Trust. The property’s appraised value is $1,066,594.91 and is sufficient to secure the loan of $125,000 from Pinnacle Bank, a second construction loan of $60,000 from Pinnacle Bank Grand Island Council Session - 10/22/2019 Page 185 / 217 and the City’s note of $159,200. On April 23, 2019 Council approved subordination request although wording within the agreement has since changed requiring council approval. ALTERNATIVES It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the Subordination Agreement 2.Refer the issue to a Committee 3.Postpone the issue to a later date 4.Take no action on the issue RECOMMENDATION Community Development Division recommends that the Council approves the Subordination Agreement with Pinnacle Bank placing the City in the third position to the new Deed of Trust. Sample Motion Move to recommend approval of the Subordination Agreement with Pinnacle Bank, placing the City in the Third position to the new Deed of Trust. Grand Island Council Session - 10/22/2019 Page 186 / 217 SUBORDINATION AGREEMENT COMES NOW the City of Grand Island, Nebraska, secured party/beneficiary and hereby partially subordinates its trust deed/real estate lien recorded September 29, 2016, on the following described real estate: THE WESTERLY TWO THIRDS (W 2/3) OF LOT SIX (6), IN BLOCK FIFTY FIVE (55) OF THE ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL COUNT, NEBRASKA. It is the intent of this Agreement that the trust deed for amounts loaned by Pinnacle bank as documented in instrument number 201901813 as filed on March 29, 2019 to FAmos Construction Inc., a Nebraska corporation and The Chocolate Bar Inc., a Nebraska corporation (Borrower) shall be superior to the trust deed/real estate lien of the City of Grand Island, its successors and assigns recorded in instrument number 201606457 filed on September 29, 2016, up to the amount of $175,000.00 plus interest and amounts advanced to protect the collateral. Thereafter, the City of Grand Island’s lien shall have priority. It is further understood that this subordination shall include all current obligations, extensions, renewals, advances or modifications made by the City of Grand Island, Nebraska to Borrowers which is secured by the trust deed/real estate lien recorded September 29, 2016 as Instrument Number 201606457 in the records of the Register of Deeds of Hall County, Nebraska. Nothing in this Subordination Agreement is intended as a promise to provide financing or make advances to Borrowers by the City of Grand Island, Nebraska and it is not the intention of the City of Grand Island, Nebraska to warrant or guarantee the obligations of Borrowers but merely to partially subordinate its lien interests under the instrument recorded at Document Number 201606457 filed September 29, 2016. It is understood that Pinnacle Bank as recorded in instrument Number 201901813 filed on March 29, 2019 intends to lend funds to Borrowers but that the subordinated amount is not to exceed $175,000.00 plus interest and amounts advanced to protect the collateral. Nothing in this instrument is intended to relieve Borrowers of their obligation to the City of Grand Island, Nebraska or to subordinate any other lien interests including, but not limited to, real estate taxes and special assessments. Grand Island Council Session - 10/22/2019 Page 187 / 217 Dated: __________________City of Grand Island, Nebraska By_____________________________________ STATE OF NEBRASKA )Roger G. Steele, Mayor )ss. COUNTY OF HALL ) The foregoing instrument was acknowledged before me on ______________________, 2019, by Roger G. Steele, Mayor of the City of Grand Island, Nebraska. ______________________________ Notary Public Grand Island Council Session - 10/22/2019 Page 188 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-319 WHEREAS, the City of Grand Island, is the lender and secured party of a Deed of Trust dated May 25, 2016 and recorded on September 29, 2016, as Instrument No.201606457, in the amount of One-Hundred and Fifty-Nine Thousand and Two-Hundred Dollars and zero Cents.($159,200), secured by property located at 116/118 West Third Street and owned by FAMOS CONSTRUCTIONS INC., a Nebraska Corporation and THE CHOCOLATE BAR INC, a Nebraska corporation, said property being described as follows: THE WESTERLY TWO THIRDS (W 2/3) OF LOT SIX (6), IN BLOCK FIFTY FIVE (55), OF THE ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. WHEREAS, FAMOS CONSTRUCTION INC, a Nebraska corporation, and THE CHOCOLATE BAR, a Nebraska corporation wishes to execute a Deed of Trust and Note in the amount of $60,000 with Pinnacle Bank, to be secured by the above-described real estate conditioned upon the City subordinating its Deed of Trust to their lien priority; and WHEREAS, the value of the above-described real estate is sufficient to adequately secure both loans. WHEREAS, the requested subordination of the City's lien priority is in the best interests of all parties. WHEREAS, the City Attorney’s office has reviewed and approved the proposed agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and directed to execute an agreement subordinating the lien priority of the above described Deeds of Trust from FAMOS CONSTRUCTION INC., a Nebraska corporation and THE CHOCOLATE BAR INC., a Nebraska corporation to the City of Grand Island, as beneficiary to that of the new loan and Deed of Trust of Pinnacle Bank, Beneficiary, as more particularly set out in the subordination agreement. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 189 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-11 #2019-320 - Approving Engineering Consulting Agreement for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/22/2019 Page 190 / 217 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 22, 2019 Subject:Approving Engineering Consulting Agreement for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 Presenter(s):John Collins PE, Public Works Director Background The North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12 is for the improvement of North Road from just north of the intersection with US Highway 30 and the intersection with Old Potash Highway. The Engineering Division of the Public Works Department is proposing a concrete curb and gutter roadway section with associated sidewalk, traffic control, drainage and all other related improvements needed to complete the project. On July 5, 2019 the Engineering Division of the Public Works Department advertised for Engineering Services for the south section of North Road from US Highway 30 to Old Potash Highway Roadway Improvements, with sixteen (16) potential respondents. Discussion Three (3) engineering firms submitted qualifications for the engineering services for the south section of North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12. Alfred Benesch & Company of Lincoln, Nebraska was selected as the top engineering firm based on the pre-approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Alfred Benesch & Company’s conceptual design and cost estimate services will be provided on a time and expense basis not to exceed $76,944.00. Such services will include a detailed topographic survey, geotechnical analysis, and traffic operations study of the corridor to allow for proper cost estimation. Amendments will be required in the future for final engineering design and construction phase services. Grand Island Council Session - 10/22/2019 Page 191 / 217 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 Alfred Benesch & Company of Lincoln, Nebraska, in the amount of $76,944.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/22/2019 Page 192 / 217 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES 2020 CAPITAL IMPROVEMENT PROJECTS; SELECTED LOCATIONS RFP DUE DATE:July 30, 2019 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:July 5, 2019 NO. POTENTIAL BIDDERS:16 PROPOSALS RECEIVED JEO Consulting Group HDR Grand Island, NE Omaha, NE Benesch Miller & Associates Grand Island, NE Kearney, NE EA Engineering Felsburg, Holt & Ullevig Lincoln, NE Omaha, NE Olsson Lincoln, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, Assist. PW Director P2142 Grand Island Council Session - 10/22/2019 Page 193 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-320 WHEREAS, on July 5, 2019 the Engineering Division of the Public Works Department advertised for Engineering Services for North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12; and WHEREAS, on July 30, 2019 three (3) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Alfred Benesch & Company of Lincoln, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Alfred Benesch & Company of Lincoln, Nebraska wish to enter into an Engineering Services Agreement to provide conceptual design and cost estimate engineering consulting services for such project; and WHEREAS, an amendment will be brought before council at a later date to address additional services. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and Alfred Benesch & Company of Lincoln, Nebraska for engineering services related to North Road- US Highway 30 to Old Potash Highway Roadway Improvements; Project No. 2019-P-12, in the amount of $76,9443.00, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 194 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-12 #2019-321 - Approving Engineering Consulting Agreement for Sanitary Sewer Inflow & Infiltration Reduction Alternative Analysis Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 10/22/2019 Page 195 / 217 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:October 22, 2019 Subject:Approving Engineering Consulting Agreement for Sanitary Sewer Inflow & Infiltration Reduction Alternative Analysis Presenter(s):John Collins PE, Public Works Director Background The Sanitary Sewer Inflow & Infiltration Reduction Alternative Analysis will provide other rehabilitation methods in limiting excess water from entering the sanitary sewer system. A large number of basements with sump pumps are believed to exist in the SE area of Grand Island, due to the high groundwater. It is desired to look into the cost effectiveness of dewatering this area as compared to other methods or reducing groundwater infiltration such as pipe lining or sewer upsizing to provide an outlet for sump pumps. On July 5, 2019 the Engineering Division of the Public Works Department advertised for Engineering Services for Sanitary Sewer Inflow & Infiltration Reduction Alternative Analysis, with sixteen (16) potential respondents. Discussion Two (2) engineering firms submitted qualifications for the engineering services for the Sanitary Sewer Inflow & Infiltration (I & I) Reduction Alternative Analysis. Olsson, Inc. of Grand Island, Nebraska was selected as the top engineering firm based on the pre- approved selection criteria. Firm experience and qualifications on similar work (50%) Proposed project schedule/approach (40%) Past experience working with the City of Grand Island Public Works Department (10%) Compensation for Olsson, Inc. will be provided on a time and expense basis not to exceed $141,864.00. Such services will include updating the 2012 Grand Island Dewatering system study with newer data and technology to make sure the methodology is still correct. Once complete Olsson, Inc. will work with City staff to develop cost scenarios for various methods of liming I & I into the sanitary sewer system. Grand Island Council Session - 10/22/2019 Page 196 / 217 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, Inc. of Grand Island, Nebraska, in the amount of $141,864.00. Sample Motion Move to approve the resolution. Grand Island Council Session - 10/22/2019 Page 197 / 217 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES 2020 CAPITAL IMPROVEMENT PROJECTS; SELECTED LOCATIONS RFP DUE DATE:July 30, 2019 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:July 5, 2019 NO. POTENTIAL BIDDERS:16 PROPOSALS RECEIVED JEO Consulting Group HDR Grand Island, NE Omaha, NE Benesch Miller & Associates Grand Island, NE Kearney, NE EA Engineering Felsburg, Holt & Ullevig Lincoln, NE Omaha, NE Olsson Lincoln, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Jerry Janulewicz, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Keith Kurz, Assist. PW Director P2142 Grand Island Council Session - 10/22/2019 Page 198 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-321 WHEREAS, on July 5, 2019 the Engineering Division of the Public Works Department advertised for Engineering Services for Sanitary Sewer Inflow & Infiltration Reduction Alternative Analysis; and WHEREAS, on July 30, 2019 two (2) engineering firms submitted qualifications for such services; and WHEREAS, based on the pre-approved selection criteria Olsson, Inc. of Grand Island, Nebraska was selected as the top engineering firm; and WHEREAS, the City of Grand Island and Olsson, Inc. of Grand Island, Nebraska wish to enter into an Engineering Services Agreement for such project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Engineering Services Agreement between the City of Grand Island and Olsson, Inc. of Grand Island, Nebraska for engineering services related to Sanitary Sewer Inflow & Infiltration Reduction Alternative Analysis, in the amount of $141,864.00, is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 199 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-13 #2019-322 - Approving One Year Interlocal Agreement with Hall County Regarding Library Services to Hall County Residents Staff Contact: Steve Fosselman, Library Director Grand Island Council Session - 10/22/2019 Page 200 / 217 Council Agenda Memo From:Steve Fosselman, Library Director Meeting:October 22, 2019 Subject:Approving One Year Interlocal Agreement with Hall County Regarding Library Services to Hall County Residents Presenter(s):Steve Fosselman, Library Director Background An interlocal agreement was executed regarding library services to Hall County residents with a duration of two years commencing October 1, 2016. During the first year of the contract, annual payment by the County to the Library was $15,000. During the second year of the contract, annual payment by the County to the Library was $20,000. The first amendment to this interlocal agreement was approved for a one year period commencing October 1, 2018. Annual payment by the County to the Library was $20,000. Discussion Negotiations between the Grand Island Public Library Board and Hall County Supervisors occurred in 2019, with the Library continuing to provide service to Hall County residents in good faith while negotiations continued past the agreement’s termination. A new interlocal agreement has been successfully negotiated to permit annual payment of $25,000, payable in equal quarterly amounts, by the County to the Library, for a one year period from October 1, 2019 through September 30, 2020. 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 - 10/22/2019 Page 201 / 217 Recommendation City Administration recommends that the Council approve the one year interlocal agreement with Hall County regarding library services to Hall County residents. Sample Motion Move to approve the one year interlocal agreement with Hall County regarding library services to Hall County residents. Grand Island Council Session - 10/22/2019 Page 202 / 217 Grand Island Council Session - 10/22/2019 Page 203 / 217 Grand Island Council Session - 10/22/2019 Page 204 / 217 Grand Island Council Session - 10/22/2019 Page 205 / 217 Grand Island Council Session - 10/22/2019 Page 206 / 217 Grand Island Council Session - 10/22/2019 Page 207 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-322 WHEREAS, the Interlocal Cooperation Act, NEB.REV.STAT. §13-801 et seq., provides that units of local government of the State of Nebraska and Nebraska state agencies may enter into agreement for the joint and cooperative exercise of powers, privileges or authority capable of being exercised by either agency; and WHEREAS, the Interlocal Cooperation Act further provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or other undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, County and Library wish to enter into a one year interlocal agreement for the purpose of granting library use and privileges and for providing library cards to Hall County residents living outside the city limits of Grand Island, and WHEREAS, Nebraska Revised Statute Sec. 51-208 authorizes the library board of any public city library to contract with the county board in which the library is located to furnish the use and privileges of its library to the inhabitants of such county to the extent and upon such terms as may be agreed upon. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a one year Interlocal Cooperation Agreement by and between the City of Grand Island, Grand Island Library Board and the County of Hall, Nebraska, for library services to the residents of Hall County is hereby approved; and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 208 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item G-14 #2019-323 - Approving Annual Payment for Utility Billing Software Support Staff Contact: Patrick Brown, Finance Director Grand Island Council Session - 10/22/2019 Page 209 / 217 Council Agenda Memo From:Patrick Brown, Finance Director Meeting:October 22, 2019 Subject:Approving Annual Payment for Utility Billing Software Support Presenter(s):Patrick Brown, Finance Director Background On July 9, 2013, Council approved the purchase and implementation of Advanced Utility Systems CIS Infinity software solution for Utility Billing via resolution 2013-227. This software serves as the billing platform for the Electric, Water and Wastewater funds within the City of Grand Island. The system officially went live on April 1, 2015. Discussion The total cost for the period of 10/1/2019 to 9/30/2020 is $82,162.56 (7.00% increase). This includes annual maintenance support for CIS Infinity, the core software, and Infinity.Link, the online payment website. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the 2019-2020 invoice from AUS for software support and licensing. 2.Postpone the issue to a future meeting. 3.Take no action. Recommendation City Administration recommends that the Council approve the Annual Utility Billing Support Invoice in the amount of $82,162.56. Sample Motion Move to approve the Annual Utility Billing Support Invoice from Advanced Utility Systems. Grand Island Council Session - 10/22/2019 Page 210 / 217 Grand Island Council Session - 10/22/2019 Page 211 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-323 WHEREAS, on July 9, 2013, by Resolution 2013-227, the City of Grand Island approved the proposal of N. Harris Computer Corporation, dba Advanced Utility Systems, to implement new utility billing software; and WHEREAS, in order to receive continued maintenance support from the company, it is necessary to make annual payments to Advanced Utility Systems; and WHEREAS, the cost for the period of October 1, 2019 to September 30, 2020 for CIS Infinity support is $68,654.99; and WHEREAS, the cost for the period of October 1, 2019 to September 30, 2020 for Infinity.Link support is $13,507.57. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the payment to Advanced Utility System for Annual Maintenance Support in the amount of $82,162.56 is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. ______________________________________ Roger G Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 212 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item I-1 #2019-324 - Consideration of Amendment to the Redevelopment Plan for CRA No. 12 for Site Specific Redevelopment Plan for Phase 3 Funding for Copper Creek located South of Old Potash Highway and East of Engleman Road (Guarantee Group, LLC) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 10/22/2019 Page 213 / 217 Approved as to Form ¤ ___________ October 18, 2019 ¤ City Attorney R E S O L U T I O N 2019-324 WHEREAS, the City of Grand Island, Nebraska, a municipal corporation and city of the first class, has determined it be desirable to undertake and carry out urban redevelopment projects in areas of the City which are determined to be substandard and blighted and in need of redevelopment; and WHEREAS, the Nebraska Community Development Law, Chapter 18, Article 21, Nebraska Reissue Revised Statutes of 2007, as amended (the "Act"), prescribes the requirements and procedures for the planning and implementation of redevelopment projects; and WHEREAS, the City has previously declared Redevelopment Area No. 12 of the City to be substandard and blighted and in need of redevelopment pursuant to the Act; and WHEREAS, the Community Redevelopment Authority of the City of Grand Island, Nebraska (the "Authority"), has prepared a Redevelopment Plan pursuant to Section 18-2111 of the Act, and recommended the Redevelopment Plan to the Planning Commission of the City; and WHEREAS, the Planning Commission of the City reviewed the Redevelopment Plan pursuant to the Act and submitted its recommendations, to the City, pursuant to Section 18-2114 of the Act; and WHEREAS, following consideration of the recommendations of the Authority to the Planning Commission, the recommendations of the Planning Commission to the City, and following the public hearing with respect to the Redevelopment Plan, the City approved the Plan; and WHEREAS, there has been presented to the City by the Authority for approval a specific Redevelopment Project within the Redevelopment Plan and as authorized in the Redevelopment Plan, such project to be as follows: to construct 80 single family homes and all necessary sitework and public infrastructure along with eligible planning expenses and fees associated with the redevelopment project. All redevelopment activities will occur in Grand Island, Hall County, Nebraska; and WHEREAS, the City published notices of a public hearing and mailed notices as required pursuant to Section 18-2115 of the Act and has, on the date of the Resolution held a public hearing on the proposal to amend the Redevelopment Plan to include the Redevelopment Project described above. NOW, THEREFORE, be it resolved by the City Council of the City of Grand Island, Nebraska: Grand Island Council Session - 10/22/2019 Page 214 / 217 2 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 12 in the city of Grand Island, Hall County, Nebraska, including the Redevelopment Project described above, is hereby determined to be feasible and in conformity with the general plan for the development of the City of Grand Island as a whole and the Redevelopment Plan, including the Redevelopment Project identified above, is in conformity with the legislative declarations and determinations set forth in the Act; and it is hereby found and determined that (a) the redevelopment project in the plan would not be economically feasible without the use of tax-increment financing, (b) the redevelopment project would not occur in the community redevelopment area without the use of tax-increment financing, and (c) the costs and benefits of the redevelopment project, including costs and benefits to other affected political subdivisions, the economy of the community, and the demand for public and private services have been analyzed by the City and have been found to be in the long-term best interest of the community impacted by the redevelopment project. The City acknowledges receipt of notice of intent to enter into the Redevelopment Contract in accordance with Section 18-2119 of the Act and of the recommendations of the Authority and the Planning Commission. 2.Approval of the Redevelopment Plan is hereby ratified and reaffirmed, as amended by this Resolution, and the Authority is hereby directed to implement the Redevelopment Plan in accordance with the Act. 3.Pursuant to Section 18-2147 of the Act, ad valorem taxes levied upon real property in the Redevelopment Project included or authorized in the Plan which is described above shall be divided, for a period not to exceed 15 years after the effective date of this provision, which effective date shall set by the Community Redevelopment Authority in the redevelopment contract as follows: a.That proportion of the ad valorem tax which is produced by levy at the rate fixed each year by or for each public body upon the Redevelopment Project Valuation (as defined in the Act) shall be paid into the funds of each such public body in the same proportion as all other taxes collected by or for the bodies; and b.That proportion of the ad valorem tax on real property in the Redevelopment Project in excess of such amount, if any, shall be allocated to, is pledged to, and, when collected, paid into a special fund of the Authority to pay the principal of, the interest on, and any premiums due in connection with the bonds, loans, notes or advances of money to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, such Authority for financing or refinancing, in whole or in part, such Redevelopment Project. When such bonds, loans, notes, advances of money, or indebtedness, including interest and premium due have been paid, the Authority shall so notify the County Assessor and County Treasurer and all ad valorem taxes upon real property in such Redevelopment Project shall be paid into the funds of the respective public bodies. c.The Mayor and City Clerk are authorized and directed to execute and file with the Treasurer and Assessor of Hall County, Nebraska, an Allocation Agreement and Notice of Pledge of Taxes with respect to each Redevelopment Project. Grand Island Council Session - 10/22/2019 Page 215 / 217 3 4.The City hereby finds and determines that the proposed land uses and building requirements in the Redevelopment Area are designed with the general purposes of accomplishing, in accordance with the general plan for development of the City, a coordinated, adjusted and harmonious development of the City and its environs which will, in accordance with present and future needs, promote health, safety, morals, order, convenience, prosperity; and the general welfare, as well as efficiency and economy in the process of development; including, among other things, adequate provision for traffic, vehicular parking, the promotion of safety from fire, panic, and other dangers, adequate provision for light and air, the promotion of a healthful and convenient distribution of population, the provision of adequate transportation, water, sewerage, and other public utilities, schools, parks, recreation and community facilities, and other public requirements, the promotion of sound design and arrangement, the wise and efficient expenditure of public funds, and the prevention of the recurrence of unsanitary or unsafe dwelling accommodations, or conditions of blight. - - - Adopted by the City Council of the City of Grand Island, Nebraska, October 22, 2019. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 10/22/2019 Page 216 / 217 City of Grand Island Tuesday, October 22, 2019 Council Session Item J-1 Approving Payment of Claims for the Period of October 9, 2019 through October 22, 2019 The Claims for the period of October 9, 2019 through October 22, 2019 for a total amount of $5,055,442.33. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 10/22/2019 Page 217 / 217