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01-28-2020 City Council Regular Meeting Packet City of Grand Island Tuesday, January 28, 2020 Council Session Agenda City Council: Jason Conley Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Clay Schutz Justin Scott 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 - 1/28/2020 Page 1 / 518 City of Grand Island Tuesday, January 28, 2020 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 - Father Don Buhrman, St. Leo's Catholic Church, 2410 South Blaine Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 1/28/2020 Page 2 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item E-1 Public Hearing on Request from Dani Enterprises, Inc. dba Sluggers, 707 West Anna Street for a Class “C” Liquor License Council action will take place under Consent Agenda item G-2. Staff Contact: RaNae Edwards Grand Island Council Session - 1/28/2020 Page 3 / 518 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:January 28, 2020 Subject:Public Hearing on Request from Dani Enterprises, Inc. dba Sluggers, 707 West Anna Street for a Class “C” Liquor License Presenter(s):RaNae Edwards, City Clerk Background Section 4-2 of the Grand Island City Code declares the intent of the City Council regarding liquor licenses and the sale of alcohol. Declared Legislative Intent It is hereby declared to be the intent and purpose of the city council in adopting and administering the provisions of this chapter: (A)To express the community sentiment that the control of availability of alcoholic liquor to the public in general and to minors in particular promotes the public health, safety, and welfare; (B)To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and (C)To ensure that the number of retail outlets and the manner in which they are operated is such that they can be adequately policed by local law enforcement agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and offenses is kept to a minimum. Discussion Dani Enterprises, Inc. dba Sluggers, 707 West Anna Street has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcohol on and off sale only inside the corporate limits of the city. City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Grand Island Council Session - 1/28/2020 Page 4 / 518 Also submitted was a request for Liquor Manager Designation for Danielle Schaeffer, 1740 Idlewood Lane. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Danielle Schaaeffer contingent upon completing a state approved alcohol server/seller training program. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Dani Enterprises, Inc. dba Sluggers, 707 West Anna Street for a Class “C” Liquor License contingent upon final inspections and Liquor Manager designation for Danielle Schaeffer, 1740 Idlewood Lane contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 1/28/2020 Page 5 / 518 Liquor License Application:Class “C” : Sluggers ^_ C L A R K S T S LOCUST ST SPINE ST SJO HN ST W E L M S T S ANNA ST W LOUISE ST W G R E E N W IC H S T S LIN C O L N A V E SCH ARLES ST W C L E B U R N S T S PH O EN IX AVE W EDDY ST SO KLAH O M A AVE WKOENIG ST W SYCAMORE ST SC E D A R S T S PIER PARK KIMBALL AVE SADAMS ST SSOUTH ST E ASHTON AVE E BISMARK RD E D IVISIO N ST W HALL ST OKLAHOMA AVE E ANDERSON AVE W PHOENIX AVE E DODGE ST SCHUFF ST WA S HIN G T O N S T S SOUTH ST WWALNUT ST SBISMARK RD W LOCUST ST SKIMBALL AVE SPINE ST SSOUTH ST W SO UTH ST W Ê 707 ANNA ST W Legend ^_707 ANNA ST W !Licensed Locations Roads 1 inch = 400 feet Grand Island Council Session - 1/28/2020 Page 6 / 518 Grand Island Council Session - 1/28/2020 Page 7 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item E-2 Public Hearing on Amendment to the Redevelopment Plan for CRA No. 17 for Phase 3 of the Prairie Commons Development located West of Ewoldt Street, South of Husker Highway (Tabitha Grand Island, Inc.) Council action will take place under Resolution item I-1. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 8 / 518 Council Agenda Memo From:Chad Nabity, AICP Meeting:January 28, 2020 Subject:Site Specific Redevelopment Plan for CRA Area #17 Presenter(s):Chad Nabity, AICP CRA Director Background In 2015, the Grand Island City Council declared property referred to as CRA Area 17 as blighted and substandard and approved a generalized redevelopment plan for the property. The generalized redevelopment plan authorized the use of Tax Increment Financing (TIF) for the acquisition of property, redevelopment of property, site preparation, and adjacent public streets. TIF can also be used for improvements to and expansion of existing infrastructure including but not limited to: streets, water, sewer, drainage. Tabitha Grand Island, Inc. has submitted an application for tax increment financing to aid in the redevelopment of property to prepare for the construction of a senior housing community, offering a continuum of care. The planned development is expected to have 157 total apartment homes, including 81 independent living apartments, 20 assisted living apartments, 20 memory care apartments, and 36 skilled nursing apartments. The proposed site is located near the new hospital, west of Ewoldt Street and south of Husker Highway. Staff has prepared a redevelopment plan for this property consistent with the TIF application. This application will benefit the developer by providing funds needed for acquisition of property and other improvements needed to support this development. Tabitha is a nonprofit corporation and portions of this project may be eligible for tax exempt status. The 81 independent living units are not eligible for tax exempt status even if the entity that owns them is potentially eligible. The CRA reviewed the proposed development plan on December 15, 2019 and forwarded it to the Hall County Regional Planning Commission for recommendation at their meeting on January 8, 2020. 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 January 8, 2020. The Planning Commission approved Resolution 2020-04 in support of the proposed amendment, declaring the proposed Grand Island Council Session - 1/28/2020 Page 9 / 518 amendment to be consistent with the Comprehensive Development Plan for the City of Grand Island. The CRA approved Resolution 331 forwarding the redevelopment plan along with the recommendation of the planning commission to the City Council for consideration. 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 #17 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 including acquisition of property and other improvements and expansion of infrastructure including but not limited to: streets, water, sewer, drainage, along with site development costs as allowed by state statute. The cost benefit analysis included in the plan finds that this project meets the statutory requirements for as 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 $5,127,334. 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 resolution as submitted. Grand Island Council Session - 1/28/2020 Page 10 / 518 Redevelopment Plan Amendment Grand Island CRA Area 17 November 2019 The Community Redevelopment Authority (CRA) of the City of Grand Island intends to amend the Redevelopment Plan for Area 17 within the city, pursuant to the Nebraska Community Development Law (the “Act”) and provide for the financing of a specific project in Area 17. Executive Summary: Project Description PHASE 3 OF THE REDEVELOPMENT OF PROPERTY LOCATED SOUTH OF HUSKER HIGHWAY AND WEST OF U.S. HIGHWAY 281 THE PROJECT SITE CONSISTS OF 1 LOT WITHIN THE PRAIRIE COMMONS 4th SUBDIVISION IMMEDIATELY WEST OF EWOLDT STREET AS PLATTED. THE PROJECT WILL CONSIST OF ACQUISITION, SITE WORK AND GRADING TO PROMOTE AND ENHANCE DRAINAGE ACROSS THE SITE, INTALLATION OF PUBLIC AND PRIVATE ROADS, SEWER, WATER AND OTHER UTILITY INFRASTRUCTURE TO SUPPORT DEVELOPMENT OF THE SITE. THIS PHASE OF THIS DEVELOPMENT WILL CONSIST OF THE CONSTRUCTION A SENIOR HOUSING FACILITY WITH 157 APARTMENTS INCLUDING: 81 INDEPENDENT LIVING UNITS, 20 ASSISTED LIVING UNITS, 20 MEMORY CARE UNITS AND 36 SKILLED NURSING CARE UNITS. Tax Increment Financing will aid with installing the necessary infrastructure and grading improvements to redevelop property currently platted as part of lot 2 of Prairie Commons Third Subdivision and approved as Prairie Commons Fourth Subdivision in the City of Grand Island. The use of Tax Increment Financing is an integral part of the development plan and necessary to make this project economically feasible. The first phase of this development including the Hospital and Medical Office Building to the east of this site is currently in progress. The second phase consists of three office buildings to be constructed to the west of the Hospital. It was anticipated when that project was approved that subsequent phases of the remainder of the site would include housing, office space and retail development. This third phase will consist of senior housing ranging from independent living to skilled nursing and memory care. This development will be approximately 200,000 square foot of developed area designed to serve the needs of seniors. The developer has indicated that this development would not be considered nor financially feasible for at this location without the use of TIF. Tabitha is a mission focused non-profit that offers a comprehensive line of Senior Care services. Tabitha provides senior care in 28 Nebraska Counties. Their main campus is in the heart of Lincoln, Nebraska with other community campuses in Lincoln, Williamsburg neighborhood and in Crete Nebraska. Tabitha has regional offices in Grand Island, York and Nebraska City. This project will be developed with some portions tax exempt and other portions subject to property taxes. The Grand Island Community Redevelopment Grand Island Council Session - 1/28/2020 Page 11 / 518 Authority (CRA) intends to pledge the ad valorem taxes generated over the 15 year period beginning January 1, 2021 towards the allowable costs. TAX INCREMENT FINANCING TO PAY FOR THE REHABILITATION OF THE PROPERTY WILL COME FROM THE FOLLOWING REAL PROPERTY: Property Description (the “Redevelopment Project Area”) Legal Descriptions: Lot 1 of Prairie Commons Fourth Subdivision in the City of Grand Island, Hall County, Nebraska. Grand Island Council Session - 1/28/2020 Page 12 / 518 Existing Land Use and Subject Property Grand Island Council Session - 1/28/2020 Page 13 / 518 This plan amendment provides for the issuance TIF Notes, the proceeds of which will be granted to the Redeveloper. The tax increment will be captured for up to 15 tax years the payments for which become delinquent in years 2021 through 2034 inclusive or as otherwise dictated by the contract. The real property ad valorem taxes on the current valuation will continue to be paid to the normal taxing entities. The incremental value for the first phase will be created by the construction a 200,000 square foot senior housing facility. This area is planned for commercial development with the Grand Island Comprehensive Plan and is currently zoned RO Residential Office, a variety of residential, office and medical uses are permitted in this district including nursing facilities and senior housing. Statutory Pledge of Taxes. In accordance with Section 18-2147 of the Act and the terms of the Resolution providing for the issuance of the TIF Note, the Authority hereby provides that any ad valorem tax on the Redevelopment Project Area for the benefit of any public body be divided for a period of fifteen years after the effective date of this provision as set forth in the Redevelopment Contract, consistent with this Redevelopment Plan. Said taxes shall be divided as follows: 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. Redevelopment Plan Amendment Complies with the Act: Grand Island Council Session - 1/28/2020 Page 14 / 518 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 June 9, 2015.[§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 rehabilitate the building for permitted uses on this property as defined by the current and effective zoning regulations. The Hall County Regional Planning Commission held a public hearing at their meeting on January 8, 2020 and passed Resolution 2020-04 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 Redevelopment Plan for Area 17 does anticipate real property acquisition by the developer. There is no proposed acquisition by the authority. b. Demolition and Removal of Structures: The project does not provide for the demolition or removal of any existing structures. c. Future Land Use Plan See the attached map from the 2004 Grand Island Comprehensive Plan. This property is in private ownership and is planned for commercial uses [§18-2103(b) and §18-2111]. A site plan of the area after the proposed redevelopment is also attached. [§18-2111(5)] Grand Island Council Session - 1/28/2020 Page 15 / 518 City of Grand Island Future Land Use Map Grand Island Council Session - 1/28/2020 Page 16 / 518 d. Changes to zoning, street layouts and grades or building codes or ordinances or other Planning changes. The property is currently platted as Prairie Commons Third Subdivision and approved as Prairie Commons Fourth Subdivision. The property will be developed in substantial compliance with the existing plat. No changes in zoning are anticipated for the expected uses. No other planning changes contemplated. [§18-2103(b) and §18-2111] e. Site Coverage and Intensity of Use The developer is proposing to build on the site within the constraints allowed by the current zoning districts. The RO zoning district would allow up to 75% coverage. [§18- 2103(b) and §18-2111] f. Additional Public Facilities or Utilities Sewer and water are available to support this development. Sufficient capacity exists within these systems to support this development at completion. Sewer, water will be extended throughout the site. The developer will be responsible for engineering and installation of all required utilities. Said utilities are expected to become part of the city infrastructure and will be accepted into the city systems after construction and inspection. Electric infrastructure will be extended throughout the site according to typical commercial installation requirements. Natural gas and communications infrastructure will be installed according to the agreements formed with the private companies that provide those services. The City of Grand Island will secure all necessary easements for utility infrastructure with the platting and development processes. [§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. No individuals or businesses will be relocated due to this development. [§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] No members of the authority or staff of the CRA has any ownership interest in this property at this time. 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 is showing a purchase price of this property of $1,354,000. The cost of property acquisition is included as a TIF eligible expense. Costs for site preparation Grand Island Council Session - 1/28/2020 Page 17 / 518 including, grading and fill is estimated at $356,861. Utility extensions, storm water, sewer electrical and water are estimated at $638,260. Building plans and engineering and other planning expenditures are expected to cost $1,436,827. The developer will be paying $1,167,417 in additional costs to improve the façade of the buildings in a manner consistent with the rest of the Prairie Commons development. The cost of private streets and recreational trails is $350,054. An additional $20,000 of expenses for legal work, fees and financial tracking of this project are also included as eligible expenses for a total maximum TIF request of $5,127,334 and potential eligible expenses of $5,329,165. It is estimated based on the proposed increased valuation to $15,383,121 will result in $348,350 of increment generated annually. Based on a TIF Bond of $5,127,334 this project should pay off prior to the end of the 15 year period. 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 the sum of $5,127,334 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 through December 2034 or such term as identified within the approved contract with no portion to exceed a term of 15 years. The developer will use the TIF Note to secure debt financing in an amount not to exceed $5,127,334 to be paid to the note holder during the term of the financing. c. Statement of feasible method of relocating displaced families. The property is vacant and no families will be dislocated. 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 Grand Island Council Session - 1/28/2020 Page 18 / 518 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. This will have the intended result of preventing recurring elements of blighted and substandard conditions within the area. 8. Time Frame for Development Development of this project is anticipated to be completed between April of 2020 and August of 2021. Excess valuation should be available for this project for 15 years beginning with the 2021 tax year. This is the third phase of development of this property and it is anticipated that additional projects will be brought forward for separate consideration on other lots within this and adjacent subdivisions. 9. Justification of Project Extension of utilities, substantial site grading and installation of private streets are necessary to facilitate redevelopment of this site. The redevelopment of this property by Tabitha Grand Island Inc., will result in increased employment and housing opportunities. In addition to providing 157 units of housing this facility is anticipated to employ 100 individuals (66 FTE) with wages ranging between $13 and $50 per hour depending on the position and an average wage of $20/hour. This is development is a continuation of efforts to extend development south along U.S. Highway 281 toward U.S. Interstate 80. The Grand Island City Council has made in the past made it clear through previous decisions that they support development toward the I-80/281 interchange. 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 project, including: Project Sources and Uses. A maximum of $5,127,334 in public funds from tax increment financing provided by the Grand Island Community Redevelopment Authority will be required to complete the project. This investment by the Authority will leverage $40,059,001 in private sector financing and investment; a private investment of $8.00 for every TIF dollar investment. It is estimated this will pay off in less than 15 years. Grand Island Council Session - 1/28/2020 Page 19 / 518 Use of Funds. Description TIF Funds Private Funds Total Site Acquisition 1,354,665$ $ 1,354,665 Building Costs $ 26,360,974 $ 26,360,974 Sewer $ 27,500 $ 27,500 Storm Sewer $ 202,570 $ 202,570 Water $ 8,190 $ 8,190 Electric $ 400,000 $ 400,000 Private Streets $ 264,990 $ 264,990 Trails $ 85,145 $ 85,145 Site preparation/Dirt Work $ 356,861 $ 356,861 Façade Enhancement $ 1,167,417 $ 1,167,417 Architecture/Engineering $ 1,336,827 $ 1,336,827 Financing Fees $ 944,011 $ 944,011 Legal $ 20,000 $ 20,000 Developer Fees 1,485,774$ $ 1,485,774 Audit Fees $ 20,000 $ 20,000 Contingency $ 1,373,274 $ 1,373,274 Working Capital $ 2,067,409 $ 2,067,409 Capitalized Interest $ 1,439,087 $ 1,439,087 Govt. Fees and Expenses $ 240,000 $ 240,000 Mkt Research, Feasibility & Planning $ 100,000 $ 100,000 Marketing Expenses $ 785,000 $ 785,000 Property Taxes during Const. $ 4,000 $ 4,000 Debt Service Reserve $ 2,606,641 $ 2,606,641 Pre-Open Salaries $ 19,000 $ 19,000 Tax Study $ 5,000 $ 5,000 Personal Property $ 2,512,000 $ 2,512,000 $ - TOTALS $ 5,329,165 $ 39,857,170 $ 45,186,335 Source of Funds Tax Revenue. The property to be redeveloped has a January 1, 2020 valuation of approximately $80,599. Based on the 2019 levy this would result in a real property tax of approximately $1,800. It is anticipated that the assessed value will increase by $15,033,522 upon full completion, as a result of the site redevelopment. This development will result in an Grand Island Council Session - 1/28/2020 Page 20 / 518 estimated tax increase of over $341,823 annually resulting in approximately $5,127,344 of increment over the 15 year period. 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 2020 assessed value: $ 80,599 Estimated value after completion $ 15,383,121 Increment value $ 15,302,522 Annual TIF generated (estimated) $ 348,350 TIF bond issue $ 5,127,334 (a) Tax shifts resulting from the approval of the use of Tax Increment Financing; The redevelopment project area currently has an estimated valuation of $80,599. The proposed extension improvements at this location will result in at least an additional $15,303,522 of taxable valuation based on the Hall County Assessor’s office evaluation of the project. No tax shifts are anticipated from the project. The project creates additional valuation that will support taxing entities long after the project is paid off. The project will not add any tax burdens to taxing entities. Therefore no tax shifts will occur. (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 not be impacted by this development. The electric utility has sufficient capacity to support the development. It is not anticipated that this will impact schools. Fire and police protection are available and should not be impacted by this development. (c) Impacts on employers and employees of firms locating or expanding within the boundaries of the area of the redevelopment project; The proposed uses at this site would provide for expansion of nursing home jobs within the area and compete with similar facilities located in and locating in the City. (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 project is may result in increased demand for nursing home employees and have impact on other similar employers and employees within the city. (e) Impacts on the student population of school districts within the city or village; and Grand Island Council Session - 1/28/2020 Page 21 / 518 This project is unlikely to create any direct increase in cost for schools in the area. This development will be limited to serve seniors and those needing nursing/memory care. (f) Any other impacts determined by the authority to be relevant to the consideration of costs and benefits arising from the redevelopment project. This project will continue growth along the 281 corridor in the direction of I-80. Time Frame for Development Development of this project is anticipated to be completed between April of 2020 and August of 2021. The base tax year should be calculated on the value of the property as of January 1, 2020. Excess valuation should be available for this project for 15 years beginning in 2021 with taxes due in 2022. Excess valuation will be used to pay the TIF Indebtedness issued by the CRA per the contract between the CRA and the developer for a period not to exceed 15 years or an amount not to exceed $5,127,334 the projected amount of increment based upon the anticipated value of the project and current tax rate and the eligible activities. Grand Island Council Session - 1/28/2020 Page 22 / 518 Form Updated 7-25-2019cn Page | 1 BACKGROUND INFORMATION RELATIVE TO TAX INCREMENT FINANCING REQUEST Project Redeveloper Information Business Name: Tabitha Grand Island, Inc. Address: 4720 Randolph St., Lincoln, NE 68510 Telephone No.: 262-490-4465 Email: jfletcher@seniorpartners.com Contact: Jon Fletcher, VP, Senior Housing Partners Brief Description of Applicant’s Business Tabitha, a mission-focused nonprofit, offers Nebraska’s first and only comprehensive line of Senior Care services. Through advanced in-home support, innovative living communities, exceptional rehabilitation services, experienced skilled nursing care and compassionate hospice support, Tabitha provides for Senior Care in 28 Nebraska counties. Tabitha’s main campus is located in the heart of Lincoln, Nebraska, and offers community campuses in Lincoln's Williamsburg neighborhood and in Crete, Nebraska. Tabitha also has regional offices in Grand Island, York and Nebraska City, NE, to serve clients in our west, central and east regions. Legal Description/Address of Proposed Project The project site is currently in the process of being re-platted. The current legal description is: Part of LOT 2, PRAIRIE COMMONS THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Upon completion of the subdivision, the property description will be: LOT 1, PRAIRIE COMMONS FOURTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Grand Island Council Session - 1/28/2020 Page 23 / 518 Form Updated 7-25-2019cn Page | 2 Community Redevelopment Area Number: 17 Present Ownership Proposed Project Site: Prataria Ventures, LLC, a Nebraska limited liability company Is purchase of the site contingent on Tax Increment Financing Approval? Yes Proposed Project: Building square footage, size of property, description of building materials, etc. Please see attached site plan if available. The development proposed is a senior housing community, offering a continuum of care. The continuum includes independent living, assisted living, memory care, and skilled nursing housing along with a variety of health care service options. While the senior community will be modest in fit and finish levels, it will be highly amenitized, including indoor parking, a full service kitchen with three meals a day, a bistro café, club lounges, rooftop patios, memory gardens, library’s, salon, fitness center, wellness center, theater & chapel, community rooms, outdoor yoga, walking trails, and many other amenities. The project will feature a selection of unique apartment homes including studio, one bedroom, one bedroom with a den, and two bedroom homes. Many will be outfitted with washers and dryers in their homes, solid surface countertops, and balconies and patios in select units. The current project is planned to have 157 total apartment homes, including 81 independent living apartments, 20 assisted living apartments, 20 memory care apartments, and 36 skilled nursing apartments. The apartments are designed such that if in the future a certain acuity level has a higher market demand than another, they can be quickly and easily converted into the appropriate design with minimal cost. The ability to be flexible to meet the needs of Grand Island residents is a key business operations sustainability measure. In addition to a sustainable operations design, the project will include a number of additional environmentally friendly and sustainability features, including electric car charging stations, low Grand Island Council Session - 1/28/2020 Page 24 / 518 Form Updated 7-25-2019cn Page | 3 flow shower heads, resident gardens, vegetated swales and stormwater detention ponds, pollinator friendly landscape selections, panelized wall sections to reduce on construction waste, faucet aerators to reduce water flow, high efficiency toilets, master utility meters to save on materials, individual thermostat controls in every unit, occupancy sensors in common areas, LED light fixtures throughout, low VOC paints and adhesives, energy star rated appliances, recycling bins, and recycled materials whenever possible. The project will rise 4 stories in the air at its highest and will be constructed with a mix of masonry, concrete, wood, and steel. Exterior materials will include a mixture of bat and board panels, stone veneer, steel, and wood. The building is designed to be a modern rustic feel, blending in with a traditional prairie design, while also being representative of the modern influences of the adjacent hospital and intended design features of the Prairie Commons master plan. The entire community will be approximately 200,000sf, aligned in a North-South direction to maximize the efficiency of the rectilinear site. The “Town Center” with all its amenities and service offerings will be centrally located within the campus allowing for easy access by all residents. An Exhibit A has been attached that includes a site plan as well as some preliminary unit plans, elevations, and a materials pallet. If Property is to be Subdivided, Show Division Planned: See Exhibit B Grand Island Council Session - 1/28/2020 Page 25 / 518 Form Updated 7-25-2019cn Page | 4 Project Sources & Uses Tabitha | Grand Island | Estimated Project Costs & Sources of Financing Estimated Project Costs (Proposed) TIF Eligible Expenses Acquisition Costs Land 1,354,665$ 1,354,665$ Building -$ -$ Subtotal Acquisition Costs 1,354,665$ -$ -$ Construction Costs -$ Renovation or Building Costs 26,360,974$ -$ On-Site Improvements:-$ Sewer 27,500$ 27,500$ Storm Sewer 202,570$ 202,570$ Water 8,190$ 8,190$ Electric 400,000$ 400,000$ Gas -$ -$ Public Streets / Sidewalks -$ -$ Private Streets 264,990$ 264,990$ Trails 85,145$ 85,145$ Grading/Dirtwork/Fill 356,861$ 356,861$ Demolition -$ -$ Façade Enhacements 1,167,417$ 1,167,417$ Other -$ -$ Subtotal On-Site Improvements 2,512,673$ -$ Subtotal Construction Costs 28,873,647$ -$ -$ Soft Costs -$ Architectural & Engineering 1,336,827$ 1,336,827$ Financing Fees 944,011$ -$ Legal 20,000$ 20,000$ Developer Fees 1,485,774$ -$ Audit Fees 20,000$ -$ Contingency Reserves 1,373,274$ -$ Other:-$ Working Capital 2,067,409$ -$ Capitalized Interest 1,439,087$ -$ Government Fees & Expenses 240,000$ -$ Market Research, Feasibility, & Planning 100,000$ 100,000$ Marketing Expense 785,000$ -$ Property Taxes During Construction 4,000$ -$ Debt Service Reserve Funds 2,606,641$ -$ Pre-Opening Salaries 19,000$ -$ Pre-Development Expenses 5,000$ 5,000$ FF&E 2,512,000$ -$ Subtotal Other 9,778,137$ -$ Subtotal Soft Costs 14,958,023$ -$ -$ TOTAL PROJECT COSTS 45,186,335$ -$ -$ Sources of Financing -$ Developer Equity 3,000,000$ -$ Commercial Bank Loan -$ -$ Tax Credits -$ -$ Industrial Revenue Bonds -$ -$ Tax Increment Assistance 5,127,344$ -$ Enhanced Employment Area -$ -$ Nebraska Housing Trust Fund -$ -$ Other: Tax Exempt Bonds 37,058,991$ -$ -$ TOTAL SOURCES OF FINANCING 45,186,335$ 5,329,165$ Grand Island Council Session - 1/28/2020 Page 26 / 518 Form Updated 7-25-2019cn Page | 5 Name, Address, Phone & Fax Numbers of Architect, Engineer and General Contractor: Architect: Pope Architects, Attn: Amy Maldonado, 1295 Bandana Blvd. N, Suite 200, St. Paul, MN 55108, 651-789-1575 General Contractor: Chief Construction, Attn: Rob Rasmussen, 3935 Westgate Road, Grand Island, NE 68803, 308- 389-7314 Civil Engineer: Olsson, Attn: Jeff Palik, 201 E. Second Street, Grand Island, NE 68801, 308-398-2958 Estimated Real Estate Taxes on Project Site Upon Completion of Project: $ 348,350 Please see attached tax forecast study in Exhibit C and below. Project Construction Schedule: Construction Start Date: April 1st, 2020 Construction Completion Date: August 1st, 2021 If Phased Project: N/A Grand Island Council Session - 1/28/2020 Page 27 / 518 Form Updated 7-25-2019cn Page | 6 XII. Please Attach Construction Pro Forma: See Exhibit D. XIII. Please Attach Annual Income & Expense Pro Forma: See Exhibit E. (With Appropriate Schedules) Tax Increment Financing request information Describe Amount and Purpose for Which Tax Increment Financing is Requested: $5,127,334 dollars of tax increment financing is being requested to assist in the site preparation, grading, utilities, paving, landscaping, façade enhancements, architectural, engineering, legal fees, public parking enhancements, and other necessary site preparation and development expenditures. The funds will ultimately support development of a project that 1) lifts a property out of “blighted” status, 2) contributes to the local tax base, 3) contributes to the character of the existing community, and 4) results in various economic and social benefits. Statement Identifying Financial Gap and Necessity for use of Tax Increment Financing for Proposed Project: We are requesting financial assistance to close the gap between what is financially feasible for lenders to approve the project and what is currently achievable in the broader market without such support. First, the current property has been “blighted” due to its current status as an undevelopable parcel. Through the use of TIF funds, a key funding gap can be closed which will allow the development of the property to proceed, furthering the development of the Prairie Commons master plan and bringing additional activity and focused attention to the South side of Grand Island. This additional attention and focused effort will have a ripple effect with respect to demand and interest in other remaining parcels or properties that may be prime for redevelopment. Second, the property is anticipated to make significant contributions to the local tax base, paying over $350,000 per year in property taxes. The continuation of development activity along the 281 corridor has been a key development objective for the City. Utilization of TIF funds to make Grand Island Council Session - 1/28/2020 Page 28 / 518 Form Updated 7-25-2019cn Page | 7 this vision a reality is a reasonable use of said funds by providing additional tax revenue for many years to come once the TIF note is paid in full. Third, the funds will allow the project to exceed local building code in a manner that helps the property to overcome its current blighted status, while also meeting the design intent of the Prairie Commons redevelopment and contributing to the character of Grand Island. This is achieved through thoughtful and intentional design standards and initiatives. The project is intended to have a “modern rustic farmhouse” look and feel to both the interior and exterior. On the exterior, this design intent is showcased using a variety of brick, masonry, batten board, wood/timber, and glass materials. In addition, the Community will include a modern roofline aesthetic with a mixture of pitches, gables, and shed rooflines to gracefully blend into the region while providing a modern appeal more typical of the Prairie Commons master plan. Fourth, a direct benefit of the project is the ability to provide many economic and social benefits for residents of Grand Island. The senior housing community is expected to employ approximately 100 individuals (66 full-time equivalents), with an average wage of approximately $20.00/hour once stabilized. Wages range from $13/hour to $50/hour depending on the nature of the position. On an annual basis, approximately $3.3M in direct wages would be put back into the local economy. Furthermore, the project is anticipated to spend approximately $14,000,000 in construction wages. This does not include indirect wages paid by materials suppliers during the construction period, or indirect jobs created through future vendor operations and general community jobs (service, healthcare, etc.). Additionally, the community Grand Island Council Session - 1/28/2020 Page 29 / 518 Form Updated 7-25-2019cn Page | 8 will provide housing for approximately 175 individuals, which offers vibrancy and activity to a formerly blighted parcel. This sense of community, belonging, and ownership in the success of local businesses is key in satisfying the ultimate goal of the redevelopment of a blighted parcel, which is to encourage new investment in improvements to real estate, increases in the number of full-time equivalent employees, and the elimination of detrimental impacts to public health, safety, morals, or welfare caused by its present condition. Tax increment financing would ensure financially viability in the development of Tabitha Grand Island. Without additional funding, it would be difficult to proceed with the project that has a strong capacity to serve older adults and the greater community of Grand Island. We greatly appreciate the consideration of this request. Municipal and Corporate References (if applicable). Municipal References: • City of Lincoln Planning Department, 555 South 10th Street, Lincoln, NE 68508 o George Wesselhoft, City Planning, gwesselhoft@ne.gov ▪ Phone # 402-441-6366 ▪ FAX # 402-441-6377 o Brian Will, City Planning, bwill@lincoln.ne.gov ▪ Phone # 402-441-6362 ▪ FAX # 402-441-6377 • City of Crete, Nebraska, 243 East 13th St., Crete, NE 68333-0086 o Tom Ourada, City Administrator ▪ Phone # 402-826-4312 ▪ FAX # 402-826-4334 o Jerry Wilcox, Finance Director ▪ Phone # 402-826-4313 ▪ FAX # 402-826-4334 Grand Island Council Session - 1/28/2020 Page 30 / 518 Form Updated 7-25-2019cn Page | 9 Corporate References: • Ray O’Connor, O’Connor Enterprises, P.O. Box 139, Grand Island, NE 68802-0139 o Phone # 308-381-2497 o FAX # 308-381-1285 • D.J. Eihusen, President, Chief Development, 3935 Westgate Road, Grand Island, NE 68803 o Phone # 308-389-7233 • Mark Hesser, President Pinnacle Bancorp, Mark.Hesser@pinnbank.com o Phone # 402-697-5954 o FAX # 402-697-8439 • Lisa Smith, Senior Vice President and Financial Advisor, CWS, D.A. Davidson & Co., lsmith@smithhayes.com o Phone # 402-437-1024 • Eric Schafer, President, Telesis Companies, ESCHAFER@telesis-inc.com o Phone # 402-434-5959 o FAX # 402-434-3291 Post Office Box 1968 Grand Island, Nebraska 68802-1968 Phone: 308 385-5240 Fax: 308 385-5423 Email: cnabity@grand-island.com Grand Island Council Session - 1/28/2020 Page 31 / 518 Form Updated 7-25-2019cn Page | 10 EXHIBIT A – SITE AND UNIT PLANS DOCUMENT FOLLOWS, SEE ATTACHED. Grand Island Council Session - 1/28/2020 Page 32 / 518 A3.10 3A3.10 4 INDEPENDENT LIVING 1ST FLOOR: COVERED PARKING (77 SPACES) 2ND -4TH FLOORS 81 UNITS TOTAL 117,300 197,000 GSF TOTAL TOWN CENTER 16,000 MEMORY CARE & ASSISTED LIVING 1ST FLOOR: 20 UNITS (MEMORY CARE) 2ND FLOOR: 20 UNITS (ASSISTED LIVING) 38,500 SKILLED NURSING 1 STORY / 18 UNITS EACH (36 TOTAL) 25,200 21 PARKING SPACES TO GARAGE19 PARKING SPACESCOURTYARD KITCHEN DELIVERY STORAGE CLEANLAUNDRY SERVING ELEV DINING DINING CLUB ATRIUM OFFICE OFFICE CONF. WORK RECEPTION SERVICE STAIR STAIR 13 PARKING SPACESSUN WETLAND 1,599 SFCCT VESTIBULEDIR EQP FITNESS SALON M W GROUP FITNESS S.U. SPA LIVING NURSE MED TLT MAIL LOBBY LAUNDRY REHAB OFFICE SUITE SUITE SUITE SUITE SUITE SUITE SUITE SUITE SUITE SUITE LIBRARY PATIO SUITE SUITE SUITE SUITE SUITE SUITE?SUITE DINING LIVINGKITCHENMEETING ELEC TOILET OFFICEOFFICENURSE TOILET SPA FOYER HALLWAY SUITE SUITE SUITE SUITE SUITE SUITE SUITE SUITE SUITE SUITE LIBRARY PATIO SUITE SUITE SUITE SUITE SUITE SUITESUITE DINING LIVINGKITCHENMEETING ELEC TOILET OFFICEOFFICENURSE TOILET SPA FOYER HALLWAY 37 PARKING SPACES BIKE PATH PARKING OFFICE MEP LIBRARY MECH JAN STOR STOR JAN MECH MEP DISH DINING OFFICE TLT BISTRO TRASH UTILITIES ELEV ELEV PET SPA PORCH SUITE TOILET A3.10 3A3.10 4 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, MN 55108-2735 (651) 642-9200 | FAX (651) 642-1101 www.popearch.com POPE ARCHITECTS, INC.NOT FOR CONSTRUCTION - FOR REFERENCE ONLY Commission No: Drawn by: Checked by: SHEET Issues and Revisions: 9/20/2019 2:38:17 PM C:\Revit Projects\71137-19122_Tabitha Grand Island Senior Living_R19_Central_alapacz.rvt A3.10 SITE EXHIBITS Tabitha Inc. Prairie Commons Grand Island, NE AM AL 71137-19112 1/32" = 1'-0"A3.10 3 ELEVATION - FRONT (EAST) 1/32" = 1'-0"A3.10 4 ELEVATION - BACK (WEST) 1" = 100'-0"A3.10 1 SITE PLAN - LEVEL ONE 1" = 100'-0"A3.10 2 SITE PLAN - LEVEL TWO Grand Island Council Session - 1/28/2020 Page 33 / 518 MECH 28'-0"DECK KEYED SHUT-OFF DECK 28'-0"MECH 14'-6" 13'-10 1/2"23'-5 1/2"1'-9"4'-5"6'-10 1/2"6'-7"3'-3"11'-7 1/2"4'-6"2'-0"3'-4"4'-5" MECH 20'-0"25'-7 1/2"9'-4"10'-2 1/2"5'-6 1/2"8'-3"9'-4" KEYED SHUT-OFF DECK MECH 10'-4 1/2"12'-7"5'-6 1/2"8'-3 1/2"10'-2"4'-11 1/2"10'-2"9'-4 1/2"7'-10 1/2"28'-0"37'-0"3'-8 1/2"38'-11 1/2" DECK 12'-3"23'-5"15'-6 1/2"11'-7 1/2"6'-0"5'-11" 8'-10"11'-2 1/2"4'-6 1/2"5'-7"3'-5"11'-6"15'-3"28'-0"MECH 4'-6"4'-6"3'-3"3'-3 1/2"ELECTRIC FIREPLACE w/ MANTEL AND TV 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, MN 55108-2735 (651) 642-9200 | FAX (651) 642-1101 www.popearch.com POPE ARCHITECTS, INC.NOT FOR CONSTRUCTION -FOR REFERENCE ONLY Commission No: Drawn by: Checked by: SHEET Issues and Revisions: 9/18/2019 4:37:23 PM C:\Revit Projects\71137-19122_Tabitha Grand Island Senior Living_R19_Central_alapacz.r A2.30 UNIT PLANS Tabitha Inc. Prairie Commons Grand Island, NE AM AL 71137-19112 1/4" = 1'-0"A2.30 3 ONE BEDROOM (660 RSF) 1/4" = 1'-0"A2.30 4 ONE BEDROOM DEN (885 RSF) 1/4" = 1'-0"A2.30 1 SUITE PLAN (324 RSF) 1/4" = 1'-0"A2.30 2 STUDIO (513-551 RSF) DEN 1/4" = 1'-0"A2.30 5 TWO BEDROOM (1,042 RSF) 1/4" = 1'-0"A2.30 6 TWO BEDROOM END(1,138 RSF) Grand Island Council Session - 1/28/2020 Page 34 / 518 1295 BANDANA BLVD N, SUITE 200 ST. PAUL, MN 55108-2735 (651) 642-9200 | FAX (651) 642-1101 www.popearch.com POPE ARCHITECTS, INC.NOT FOR CONSTRUCTION - FOR REFERENCE ONLY Commission No: Drawn by: Checked by: SHEET Issues and Revisions: 9/18/2019 4:37:39 PM C:\Revit Projects\71137-19122_Tabitha Grand Island Senior Living_R19_Central_alapacz.r A3.1 EXTERIOR ELEVATIONS Tabitha Inc. Prairie Commons Grand Island, NE AM AL 71137-19112 1/8" = 1'-0"A3.1 1 EXTERIOR ELEVATION - EAST 1/8" = 1'-0"A3.1 2 EXTERIOR ELEVATION - NORTH 1/8" = 1'-0"A3.1 3 EXTERIOR ELEVATION - TOWN CENTER - EAST Grand Island Council Session - 1/28/2020 Page 35 / 518 Form Updated 7-25-2019cn Page | 11 EXHIBIT B – PROPERTY SUBDIVISION PLAN Grand Island Council Session - 1/28/2020 Page 36 / 518 Form Updated 7-25-2019cn Page | 12 EXHIBIT C – REAL ESTATE TAX PROJECTIONS DOCUMENT FOLLOWS, SEE ATTACHED. Grand Island Council Session - 1/28/2020 Page 37 / 518 Tabitha - Grand Island Unaddressed Grand Island, NE 68803 Grand Island Council Session - 1/28/2020 Page 38 / 518 Prepared: Tax Years: 2019 Through 2025 7979 E. Tufts Avenue, Suite 1500 Steven Hlibichuk Ryan, LLC September 6, 2019 Roseville, MN 55113 Prepared By: Prepared For: Jon Fletcher Presbyterian Homes & Services 3116 Fairview Ave N Denver, Colorado 80237 Hall County PROPERTY TAX PRE-ACQUISITION DUE DILIGENCE REPORT Unaddressed Grand Island, NE 68803 Senior Housing Grand Island Council Session - 1/28/2020 Page 39 / 518 Jon Fletcher Presbyterian Homes & Services 3116 Fairview Ave N Roseville, MN 55113 262.490.4465 RE:Tabitha - Grand Island Unaddressed Grand Island, NE 68803 Dear Jon Fletcher, Steven Hlibichuk Ryan, LLC 7979 E. Tufts Avenue, Suite 1500 Denver, Colorado 80237 steven.hlibichuk@ryan.com LETTER OF TRANSMITTAL Pursuant to your request, we have researched and analyzed the property tax issues regarding the above- captioned property. Our research and analysis are outlined herein. The report concludes with our five year forecast of property taxes based on stabilization, which is presented later in this report. The scope of this study involves a limited analysis reported in a restricted format, which is attached hereto and made a part hereof. The analysis and conclusions are made expressly subject to the conditions and comments appearing herein. This report is not an appraisal and does not include an on-site inspection or a review of the building plans and specifications. Respectfully submitted, 720.524.0022 Grand Island Council Session - 1/28/2020 Page 40 / 518 ASSUMPTIONS AND LIMITING CONDITIONS This report is subject to the following assumptions and limiting conditions: Limit of Liability 1. It is assumed that the legal description and/or parcel number(s) as obtained from public records or as furnished is correct. 2. No responsibility is assumed for matters of a legal nature, or matters of audit. 3. It is also assumed that the title to this interest is marketable. 4. The information contained within this report was obtained from sources deemed to be reliable. However, no warranty is given as to their accuracy. A reasonable effort has been made to verify information relating to tax assessments. Property description information and income and expense information supplied by the client were not verified and are assumed to be correct. 5. The opinions expressed within this report are the result of and subject to the information and conditions described herein. 6. The liability of Ryan, LLC and its staff members is limited to the client only and only up to the amount of the fee actually received for the assignment. Publication, Distribution, Use of Report 7. Possession of this report or a copy thereof does not give the holder the right of publication, nor may the report or any part thereof be used by anyone other than Ryan, LLC. 8. Ryan, LLC and its staff shall not be required to give testimony or appear in court because of having prepared this report with reference to the property described herein, unless prior arrangements have been made. 9. Neither all nor part of the contents of this report, or copy thereof, shall be conveyed to the public through advertising, public relations, news, sales or any other media without written consent and approval of the appraisers. Nor shall Ryan, LLC and its staff be identified without the written consent of the appraisers. Property Specific Limiting Conditions 10. Competent management and responsible ownership are assumed. 11. No survey was made for this report and no responsibility is assumed for its presentation herein. 12. The physical condition of the improvements described herein is based on information provided by the property owner. No inspection was conducted. 13. It is assumed that there are no hidden or precarious conditions of the property, subsoil, or structures, which would render it more or less valuable. Ryan, LLC and its staff assume no responsibility for such conditions, or for engineering which might be required to discover such factors. It is assumed that no soil contamination exists as a result of chemical drainage or leakage in connection with any production operations on or near the property. Ryan, LLC and its staff assume the property is not adversely affected by asbestos. 14. Any valuation models of income and expenses in this report are not predictions of the future. No warranty or representation is made that the model will coincide with future events. Furthermore, there will usually be differences between the modeled results and actual results, because events and circumstances frequently do not occur as expected, and those differences may be material. Grand Island Council Session - 1/28/2020 Page 41 / 518 Purpose, Use and Scope of Report Property Description Property Name: Tabitha - Grand Island Address: Unaddressed, Grand Island, NE 68803 Assessor's Parcel Number(s): 400433852 Taxing Jurisdiction: Hall County General Description: Year Built: 2021 Net Rentable Area: 172,246 Number of Units: 157 Land Area: 492,228 Square Feet 11.30 Acres Acquisition Information Date of Acquisition: N/A $/Unit Purchase Price: N/A N/A Condition(s) of Sale:None Current Owner Name: Presbyterian homes & Services $/Unit Current Assessment: $0 $0 Property & Acquisition Information The purpose of this report is to provide the Client with the financial property tax impact as a result of the potential acquisition. The information in this report is considered preliminary and is not considered full or complete because of the limited data about the property that was provided to Ryan, LLC, and because the Client has requested a limited report. No site inspection was conducted. No plans and specifications were reviewed. No appraisal was conducted. 157 unit senior living community Grand Island Council Session - 1/28/2020 Page 42 / 518 Assessment Overview Nebraska state assesses property annually as of January, 1st. Per statute, a property must be reviewed at least every four years. Hall county increases historically have been flat to slight, during the four year period, with a moderate correction taking place upon review. New construction will be enrolled based on percentage complete and permitted costs until the property is completed and stabilized. Tax Rate Overview Tax rates are calculated based on local governmental and jurisdictional budgetary needs. Once the annual budget is agreed upon, the rate is backed into based on the value of the tax digest in place for the current year. Tax Bill Due Dates Full Payment - 12/31 Current Year First Half Deliquent - 05/01 Proceeding Year Second Half Deliquent - 09/01 Proceeding Year Property Tax Forecast Overview Grand Island Council Session - 1/28/2020 Page 43 / 518 MOST PROBABLE CASE Actual Forecast Forecast Forecast Forecast Forecast Forecast Tax Year 2019 2020 2021 2022 2023 2024 2025 Assessment Year 2019 2020 2021 2022 2023 2024 2025 Market value 1,350,000 1,350,000 9,192,038 15,383,121 17,137,261 17,651,379 18,180,920 Market Value / Unit N/A N/A N/A $97,982 $109,155 $112,429 $115,802 Assessment Ratio 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Tax Rate 2.19790% 2.21987% 2.24207% 2.26449% 2.28714% 2.31001% 2.33311% Property Tax $29,672 $29,968 $206,092 $348,350 $391,953 $407,749 $424,181 Total Tax / Unit N/A N/A $1,313 $2,219 $2,497 $2,597 $2,702 157 unit senior living community BEST CASE Actual Forecast Forecast Forecast Forecast Forecast Forecast Tax Year 2019 2020 2021 2022 2023 2024 2025 Assessment Year 2019 2020 2021 2022 2023 2024 2025 Market value 1,350,000 1,350,000 7,597,834 12,545,541 14,944,586 15,094,032 15,244,972 Market Value / Unit N/A N/A $48,394 $79,908 $95,188 $96,140 $97,102 Assessment Ratio 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Tax Rate 2.19790% 2.21987% 2.24207% 2.26449% 2.28714% 2.31001% 2.33311% Property Tax $29,672 $29,968 $170,349 $284,093 $341,804 $348,674 $355,682 Total Tax / Unit N/A N/A $1,085 $1,810 $2,177 $2,221 $2,265 WORST CASE Actual Forecast Forecast Forecast Forecast Forecast Forecast Tax Year 2019 2020 2021 2022 2023 2024 2025 Assessment Year 2019 2020 2021 2022 2023 2024 2025 Market value 1,350,000 1,350,000 11,668,471 18,174,757 19,083,494 20,037,669 21,039,553 Market Value / Unit N/A N/A $74,321 $115,763 $121,551 $127,628 $134,010 Assessment Ratio 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Tax Rate 2.19790% 2.24185% 2.28669% 2.33242% 2.37907% 2.42665% 2.47519% Property Tax $29,672 $30,265 $266,822 $423,913 $454,010 $486,245 $520,768 Total Tax / Unit N/A N/A $1,700 $2,700 $2,892 $3,097 $3,317 Parcel was recently replatted. Therefor, the assesor has yet to establish the land only value for 2019. 2019 and 2020 is estimated based on provided land acquistion cost. 2021 value is based on 100% hard costs plus 75% soft cost, prorated based on construction timeframe. 2022 is estimated based on 100% hard cost plus 75% soft costs discounted 90% for expected assessor aggressiveness level, plus land costs. 2023-2025 is estimated to increase by 5% per year. Tax rate is estimated to grow at 1% per year. Estimate takes into consideration 76 units being tax exempt. Information in this report was obtained from sources deemed reliable, however no warranty is given as to its accuracy. Assumptions on estimates may change over time. Ryan LLC is not responsible for variances between values herein and eventual results. Unless indicated otherwise, liability for any errors associated with this report is limited to the fee received for this report. If no fee was received, or a third party relies on this report, all liability is disclaimed. Possession of this report does not give the holder the right of publication. T A X F O R E C A S T Parcel was recently replatted. Therefor, the assesor has yet to establish the land only value for 2019. 2019 and 2020 is estimated based on provided land acquistion cost. 2021 value is based on 100% hard costs and 50% soft costs discounted 20% for expected assessor aggressiveness level, prorated based on construction timeframe, plus land costs. 2022 is estimated based on 100% hard costs plus 50% soft costs, discounted 10% for expected assessor aggressiveness level, plus land costs, for the entire project. 2023 is based on 100% hard costs plus 50% soft costs, discounted 10% for expected assessor aggressiveness level, plus land costs. 2024-2025 is estimated to increase by 3% per year with tax rates estimated to grow at 1% per year. Estimate takes into consideration 76 units being tax exempt. Parcel was recently replatted. Therefor, the assesor has yet to establish the land only value for 2019. 2019 and 2020 is estimated based on provided land acquistion cost. 2021 value is based on 90% hard costs plus 50% soft costs discounted 30% for expected assessor aggressiveness, prorated based on construction timeframe plus land costs. 2022 is estimated based on 90% hard cost plus 50% soft costs, for the entire project discounted 30% for expected assessor aggressiveness, plus land costs. 2023 is estimated at 90% hard costs plus 50% soft costs, discounted 15% for expected assessor aggressiveness. 2024-2025 is estimated to increase by 1% per year. Tax rate is estimated to grow at 1% per year. Estimate takes into consideration 76 units being tax exempt. Grand Island Council Session - 1/28/2020 Page 44 / 518 PROPERTY TAX DEFINITIONS Ad Valorem Tax: Latin for “according to value”. A tax on the owner of real or personal property based on the value assessed on the property by assessing jurisdiction. Synonymous with Property Tax. Assessed Value/AKA: Assessment: The result of applying a the assessment ratio to the basis of assessment. The tax rate is applied to the assessment, not the basis of assessment, to determine property tax liability. The Basis of Assessment:The basis of assessment is the actual value, true value, current value, market value, etc. In most jurisdictions Basis of Assessment approximates the concept of market value as of the assessment date. The tax rate is applied to the assessment, not the basis of assessment, to determine property tax liability. Assessment Date: The date determined by law at which an assessing jurisdiction determines the value of property for the purpose of assessment. The assessment date is generally the same each year. However, depending upon statutory requirements and the resources available to the assessor, some assessing jurisdictions do not reassess every year. Assessment Ratio/AKA: Assessment to Market Value Ratio or Equalization Ratio: A statutory percentage applied to the basis of assessment to arrive at the assessed value. A tax rate is applied to the assessed value to arrive at the property tax. Delinquency Date/AKA: Tax Bill Due Date: The last date on which a property tax bill may be paid or a personal property return submitted without the levying of penalties or interest. The delinquency date is distinct from the “due and payable” date, although in some jurisdictions, the same date applies. Market Value: The most probable price, as of a specified ate, in cash, or in terms equivalent to cash, for which the specified property rights should sell after reasonable exposure in a competitive market under all conditions requisite to a fair sale, with the buyer and seller each acting prudently, knowledgeably, and for self-interest, and assuming that neither is under undue duress. Lien Date: The date on which property taxes owned for a specific tax year becomes a lien on the property. The lien date generally coincides with the assessment date. However, the lien date applies annually whereas the assessment date may not. Parcel:A single unit of property. Term applied to both real estate and personal property. Personal Property: Property not included by a taxing jurisdiction as real estate. Including but is not limited to furniture and fixtures, machinery and equipment, inventories and supplies. Property Tax Calendar: A chronological list of all property tax return and payment due dates and appeal deadlines for each jurisdiction in which property is owned. Ideally, a property tax calendar will be augmented by a comprehensive assessor’s and tax collector’s parcel number listing in order to develop a property tax calendar down to the parcel level for each property owned. Appeal/AKA: Protest or Assessment Appeal: A challenging of the assessed value of a parcel. Usually conducted in multiple steps with the first being an informal meeting with the tax authority, the second before an elected or appointed board or judge, and the third through legal proceeding. Once a taxpayer (or his/her representative) is satisfied with a negotiated reduction in assessed value, the process terminates. Strict deadlines are imposed to restrict each level of the process. Real Estate (Real Property):Generally described as land, building improvements and fixtures. Does not include items of personal property. Return (Rendition):A rendering to a taxing authority disclosing information on real estate or personal property owned by a taxpayer. Usually requested by the taxing authority to assist with the assessment of a property. Tax year:The twelve month period to which a specific property tax applies. Grand Island Council Session - 1/28/2020 Page 45 / 518 Form Updated 7-25-2019cn Page | 13 EXHIBIT D – DEVELOPMENT PROFORMA Sources Amount % of Total A Note 42,186,335$ 93.4% Equity - Cash at Closing 3,000,000$ 6.6% Total Sources 45,186,335$ 100% Uses Cost % of Total Cost/Unit Cost/Sq Ft Land 1,354,665$ 3.00%8,628$ 6.81$ Architecture, Engineering & Design Consultants 1,336,827$ 2.96%8,515$ 6.72$ General Construction 27,465,489$ 60.78%174,939$ 138.02$ Construction Other 1,408,158$ 3.12%8,969$ 7.08$ City Fees & Expenses 240,000$ 0.53%1,529$ 1.21$ Fixtures Furnishings and Equipment 2,512,000$ 5.56%16,000$ 12.62$ Financing Fees 964,011$ 2.13%6,140$ 4.84$ Working Capital 2,067,409$ 4.58%13,168$ 10.39$ Cap I A Note (Net of Project Fund Earnings)1,439,087$ 3.18%9,166$ 7.23$ Market Research, Feasibility, & Planning 100,000$ 0.22%637$ 0.50$ Pre-Opening Salaries 19,000$ 0.04%121$ 0.10$ Marketing Expense 785,000$ 1.74%5,000$ 3.94$ Legal and Organizational (exclusive of COI)20,000$ 0.04%127$ 0.10$ Pre-Development Expenses 5,000$ 0.01%32$ 0.03$ Property Taxes During Construction 4,000$ 0.01%25$ 0.02$ Development Fee & Expense 1,485,774$ 3.29%9,464$ 7.47$ Project Contingency 1,373,274$ 3.04%8,747$ 6.90$ Reserves Entrance Deposit Reserve -$ 0.00%-$ -$ Debt Service Reserve Fund (A Note)2,606,641$ 5.77%16,603$ 13.10$ Debt Service Reserve Fund (C Note)-$ 0.00%-$ -$ Total Uses 45,186,335$ 100%287,811$ 227.08$ Schedule of Capital Investment (Sources & Uses) Tabitha - Grand Island Grand Island Council Session - 1/28/2020 Page 46 / 518 Form Updated 7-25-2019cn Page | 14 EXHIBIT E – ANNUAL OPERATIONS & EXPENSES Operating Summary Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Total Occupancy % 55.1%92.1%94.3%94.3%94.3%94.3% Revenue Housing Revenue 4,203,661$ 7,589,496$ 7,969,862$ 8,208,958$ 8,455,227$ 8,708,884$ Other Revenue 641,548$ 1,055,256$ 1,130,836$ 1,200,306$ 1,278,236$ 1,334,653$ Subtotal Revenue 4,845,209$ 8,644,752$ 9,100,699$ 9,409,265$ 9,733,463$ 10,043,537$ Per Unit 30,861$ 55,062$ 57,966$ 59,932$ 61,997$ 63,972$ Expenses Nursing Skilled Care 985,964$ 1,293,897$ 1,413,327$ 1,455,727$ 1,499,398$ 1,544,380$ Nutritional & Culinary Services 632,028$ 747,742$ 855,035$ 880,686$ 907,107$ 934,320$ Engineering Expense 276,224$ 288,255$ 300,187$ 309,193$ 318,469$ 328,023$ Utility Expense 117,378$ 174,050$ 225,888$ 232,665$ 239,645$ 246,834$ Housekeeping Expense 121,698$ 127,845$ 133,870$ 137,886$ 142,023$ 146,284$ Laundry Expense 2,756$ 4,087$ 5,305$ 5,464$ 5,628$ 5,796$ Rehabilitation Therapy 111,280$ 114,618$ 118,057$ 121,599$ 125,247$ 129,004$ Recreation Therapy Expense 47,399$ 51,317$ 55,046$ 56,698$ 58,399$ 60,151$ Spiritual Care Expense 28,439$ 29,293$ 30,171$ 31,076$ 32,009$ 32,969$ Wellness Expense 56,965$ 58,674$ 60,434$ 62,247$ 64,114$ 66,038$ Administration Expense 627,391$ 802,401$ 845,583$ 872,349$ 900,237$ 927,769$ Admissions Expense 65,765$ 67,738$ 69,770$ 71,863$ 74,019$ 76,239$ Assisted Living Residential Services 26,000$ 26,780$ 27,583$ 28,411$ 29,263$ 30,141$ Home Health Expense 603,639$ 627,490$ 651,350$ 670,891$ 691,017$ 711,748$ Employee Benefits 610,466$ 672,659$ 707,265$ 728,483$ 750,338$ 772,848$ Real Estate Taxes 324,000$ 333,720$ 343,732$ 354,044$ 364,665$ 375,605$ Subtotal Expenses 4,637,392$ 5,420,566$ 5,842,604$ 6,019,281$ 6,201,576$ 6,388,148$ Per Unit 29,538$ 34,526$ 37,214$ 38,339$ 39,500$ 40,689$ NET OPERATING INCOME 207,817$ 3,224,186$ 3,258,094$ 3,389,984$ 3,531,886$ 3,655,388$ Per Unit 1,324$ 20,536$ 20,752$ 21,592$ 22,496$ 23,283$ EBITDA %4.29%37.30%35.80%36.03%36.29%36.40% Grand Island Council Session - 1/28/2020 Page 47 / 518 Grand Island Council Session - 1/28/2020 Page 48 / 518 Grand Island Council Session - 1/28/2020 Page 49 / 518 Grand Island Council Session - 1/28/2020 Page 50 / 518 Grand Island Council Session - 1/28/2020 Page 51 / 518 Grand Island Council Session - 1/28/2020 Page 52 / 518 Grand Island Council Session - 1/28/2020 Page 53 / 518 Grand Island Council Session - 1/28/2020 Page 54 / 518 Grand Island Council Session - 1/28/2020 Page 55 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item E-3 Public Hearing on Zoning Change located South of 13th Street, East of Engleman Road from TA- Transitional Agricultural to R1- Suburban Residential (Lechner Family Partnership) Council action will take place under Ordinances item F-5. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 56 / 518 Council Agenda Memo From:Regional Planning Commission Meeting:January 28, 2020 Subject:Rezone from TA Zone to R-1 Zone Presenter(s):Rashad Moxey, Planner I Background An application has been made to rezone tract of land consisting of 137 acres located in the NW ¼ of Section 14 Township 11 range 10 West of the 6th Principal Meridian Hall County, Nebraska from TA: Transitional Agricultural Zone to R1: Suburban Residential Zone. Discussion At the regular meeting of the Regional Planning Commission, held January 8, 2020 the above item was considered following a public hearing. O’Neill opened the public hearing. Rashad Moxey, Planner 1, stated the property includes 137 acres of land currently being used as farm ground. Property owners are requesting that the property be rezoned from TA Transitional Agriculture Zone to R1 Suburban Residential Zone which allows 4 dwelling units per acre. Moxey stated that this change is consistent with the comprehensive plan and future land use map. It is also consistent with the surrounding properties in the area. The only drawback is the zoning change will allow encroachment of urban uses near an existing feed lot. Gayle Bonners, 812 Redwood Rd Grand Island said she has lived in the area for 20 years. Bonners’ primary concern is bike trail behind her house. Children have been able to take the trail to school without any traffic concerns and will any roads break the path up. There are lots of kids using the bike trail to get to school. Nabity explained Faidley will continue through and Cherokee will probably continue through as well but there is not a plan for development yet. Grand Island Council Session - 1/28/2020 Page 57 / 518 Greg Baxter, 2121 N. Monitor Grand Island, NE stated he wanted to express some of his concerns. Baxter mentioned he was not opposing to the request of rezoning of the property. He did explain his business is directly across the street from this property. Baxter stated if and when the property is to be developed for residential purposes he will be opposing that in defense of his business, agriculture and what he believes is material conflict. Baxter also mention that he was concerned that T & E had not received a letter notifying them of the rezoning, though he was notified by phone. A review of the property owners list shows that property listed under the name of T & E Cattle is not within 300 feet of the Lechner property but property used by T & E Cattle for their operation is listed under the name of Elizabeth Baxter and a letter was sent to her at her home address. O’Neill closed the public hearing. A motion was made by Ruge and second by Monter to approve the Zoning change finding that the change is consistent with the Comprehensive Plan for the City of Grand Island. The motion was carried with 8 members voting in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Monter, Robb, and Rubio) and one member voting no (Rainforth). The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the 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 and development plan as presented. Grand Island Council Session - 1/28/2020 Page 58 / 518 Grand Island Council Session - 1/28/2020 Page 59 / 518 Agenda Item # 5 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: December 18, 2019 SUBJECT: Zoning Change(C-07-2020GI) PROPOSAL: To rezone tract of land consisting of 137 acres located in the NW ¼ of Section 14 Township 11 range 10 West of the 6th Principal Meridian Hall County, Nebraska from TA: Transitional Agricultural Zone to R1: Suburban Residential Zone. This property is located south of 13th Street, and east of Engleman Road. At this time there is no subdivision proposed for this property OVERVIEW: Site Analysis Current zoning designation: TA: Transitional Agricultural Zone Permitted and conditional uses: TA: The intent of this zoning district is to provide for a transition from rural to urban uses, and is generally located on the fringe of the urban area. This zoning district permits both farm and non-farm dwellings at a maximum density of two dwelling units per acre, as well as other open space and recreational activities. The intent of the zoning district also would allow the raising of livestock to a limit and within certain density requirements. Comprehensive Plan Designation: Designated for low to medium density residential uses. Existing land uses: Vacant (Farm-ground) Proposed Zoning Designation: R1: Suburban Residential Zone Permitted and conditional uses: R1: Residential uses at a density of 4 dwelling units per acre, churches, schools, parks Adjacent Properties Analysis Current zoning designations: North: R1: Suburban Density Residential, TA: Transitional Agricultural Zone & LLR: Large Lot Residential Zone South: TA: Transitional Agricultural Zone & LLR: Large Lot Residential Zone East: R1: Suburban Density Residential & LLR: Large Lot Residential Zone Grand Island Council Session - 1/28/2020 Page 60 / 518 West: AG-2: Secondary Agricultural Zone Permitted and conditional uses: AG-2: Agricultural operation, residential uses such as single family dwellings, ranch and farm dwellings, recreational camps, parks, playgrounds, churches, and schools. LLR: Residential uses at a density of 2 dwelling units per acre, churches, schools, and parks. R1: Residential uses at a density of 4 dwelling units per acre, churches, schools, and parks. TA: farm and non-farm dwellings at a maximum density of two dwelling units per acre, churches, schools, and parks. Comprehensive Plan Designation: North: Designated for low to medium density residential East: Designated for low to medium density residential and public uses South: Designated for low to medium density residential West: Designated for transitional agriculture Existing land uses: North: Single family residential South and East: Single family residential West: Agricultural commercial uses EVALUATION: Positive Implications:  Largely Consistent with the City’s Comprehensive Land Use Plan: The property is designated for low to medium density residential use.  Accessible to Existing Municipal Infrastructure: City water and sewer services have been extended to serve the rezoning area.  Would provide additional housing: This would provide for more modernized housing stock allowing for more housing choices throughout the community  Monetary Benefit to Applicant: The applicant will be able to develop the property as proposed if the rezoning is permitted. Negative Implications:  The change zoning from TA to R1 will allow for encroachment of urban uses (housing) near an existing feed lot. Other Considerations: Grand Island Council Session - 1/28/2020 Page 61 / 518 RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from TA: Transitional Agricultural Zone to R1: Suburban Residential Zone. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 1/28/2020 Page 62 / 518 Grand Island Council Session - 1/28/2020 Page 63 / 518 Grand Island Council Session - 1/28/2020 Page 64 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item E-4 Public Hearing on Zoning Change located North of Bismark Road, East of Cherry Street from CD- Commercial Development to RD- Residential Development and Commercial Development (GOSAN INC.) Council action will take place under Ordinances item F-6. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 65 / 518 Council Agenda Memo From:Regional Planning Commission Meeting:January 28, 2020 Subject:Rezone from CD Zone to RD Zone & Amended CD Zone Presenter(s):Chad Nabity AICP, Regional Planning Director Background An application has been made to rezone a portion of Lot 1 Super Bowl Subdivision from Commercial Development Zone (CD) to Residential Development Zone (RD) and amend the current CD zoning district changing the use from Bowling Alley/Family Entertainment Center to Museum and Reception Hall. Discussion At the regular meeting of the Regional Planning Commission, held January 8, 2020 the above item was considered following a public hearing. O’Neill opened the public hearing. Nabity stated the Superbowl Subdivision includes 15 acres on the corner of Bismark and Cherry. The proposal is to divide the property into 3 lots. Lot 1 where the bowling alley is will remain commercial zone the use will transition from a bowling alley to a private car museum, reception hall and library. Lot 2 will be designated for development of a single family house the same restrictions as the R2 Zone except that the front yard setback will be 30 feet to match the RD zone buffer yard requirements. Lot 3 is planned for future residential development and all development will be restricted until such time as plan is approved by Council. Linna Dee Donaldson, 1012 E. Oklahoma Grand Island, NE said in 2013 a community garden was started on that property. The Superbowl allowed them to use the land and Cherry Park Apartments watered the garden. Will the Community Garden be able to continue? Donaldson believes it will be a lot more attractive if something was built in the empty field. She also has a concern with the crowding it could cause to Dodge School. Grand Island Council Session - 1/28/2020 Page 66 / 518 Bob Meyer, 648 East Memorial Drive. Meyer mentioned his concern is the traffic. John Nikodym, 1104 E. Oklahoma Ave. Grand Island, NE – John Nikodym mentioned he would not attempt to market Lot 3 for a few years until he’s settled. The Lounge area will be available for Heartland Lutheran School to use for extra activities. Ann Miller, 704 S. Cherry Grand Island, NE. Miller mentioned the traffic is an issue in the area. O’Neill closed the public hearing. A motion was made by Ruge and second by Rubio to approve the Superbowl Subdivision zoning change from CD Commercial Development Zone to Amended Commercial Development Zone and RD Residential Development Zone, subdivision name change to Nikodym Subdivision and approve the Preliminary and Final Plat of Nikodym Subdivision. The motion carried with ten members in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Robb, Rubio, Monter, Rainforth and Kjar) no members voting no. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the 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 and development plan as presented. Grand Island Council Session - 1/28/2020 Page 67 / 518 Grand Island Council Session - 1/28/2020 Page 68 / 518 Grand Island Council Session - 1/28/2020 Page 69 / 518 Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: December 18, 2019 SUBJECT:Zoning Change(C-06-2020GI) PROPOSAL: To change a portion of Lot 1 Super Bowl Subdivision from Commercial Development Zone (CD) to Residential Development Zone (RD) and amend the current CD zoning district changing the use from Bowling Alley/Family Entertainment Center to Museum and Reception Hall. The new development will consist of 3 lots. Lot 1 will remained zoned CD, the existing building is to be converted to a car museum and reception hall. Lot 2 will be a single family house, while lot 3 is to be reserved for future development and restricted until such time as approved by Council. OVERVIEW: Site Analysis Current zoning designation: CD: Commercial Development Zone Permitted and conditional uses: CD: The intent of this zoning district is to permit a more flexible regulation of land use so as to more fully implement comprehensive planning for large parcels of land proposed for commercial use. Permitted uses includes and not limited to retail uses, offices, hotels and entertainment uses. Comprehensive Plan Designation: Designated for future development as a Park or Recreational uses. Commercial and residential uses are planned adjacent to this property. Existing land uses:Commercial use (bowling alley) Proposed Zoning Designation:RD: Residential Development Zone/ Amended CD: Commercial Development Zone Permitted and conditional uses: RD:The intent of this zoning district is to permit a more flexible regulation of land use, and so as to more fully implement comprehensive planning for large parcels of land proposed predominantly for residential use. Permitted uses includes and not limited to residential uses, community building, and retirement and/or assisted living. CD: The intent of this zoning district is to permit a more flexible regulation of land use so as to more fully implement comprehensive planning for large parcels of land proposed for commercial use. Grand Island Council Session - 1/28/2020 Page 70 / 518 Permitted uses includes and not limited to retail uses, offices, hotels and entertainment uses. Adjacent Properties Analysis Current zoning designations: North: RD - Residential Development Zone South: R1 - Suburban Density Residential East: B2 - General Business West: R2 - Low Density Residential Zone Permitted and conditional uses: RD: Residential Development Zone – residential uses, community building, and retirement and/or assisted living. R1: Residential uses at a density of 4 dwelling units per acre, churches, schools, parks; B2: Commercial and retail uses including those with outside storage of merchandise, office uses and residential uses up to a density of 43 units per acre. R2: Residential uses at a density of 14 to 15 dwelling units per acre, churches, schools, parks. Comprehensive Plan Designation: North: Designated for low to medium density residential East: Designated for General Commercial and some low to medium density residential South: Designated for low to medium density residential West: Designated for low to medium density residential Existing land uses: North: Apartments South and West: Single family residential East: Single family residential and commercial development. EVALUATION: Positive Implications: Largely Consistent with the existing land use within the area. Accessible to Existing Municipal Infrastructure: City water and sewer services have been extended to serve the rezoning area. Would provide additional housing: This would provide for more modernized housing allowing for more housing choices throughout the community Monetary Benefit to Applicant: Would allow the applicant to develop the property that better relates to the existing uses within the area. Grand Island Council Session - 1/28/2020 Page 71 / 518 Negative Implications: None foreseen: Other Considerations: Will allow for residential uses and may reduce heavy outside traffic within the existing neighborhood. RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from CD: Commercial Development Zone to an RD: Residential Development Zone by amending the Subdivision Agreement and development plan as shown above and in the attached Exhibit 1. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 1/28/2020 Page 72 / 518 Grand Island Council Session - 1/28/2020 Page 73 / 518 Grand Island Council Session - 1/28/2020 Page 74 / 518 Grand Island Council Session - 1/28/2020 Page 75 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item E-5 Public Hearing on Amending Chapter 36 of the Grand Island City Code regarding Wireless Communications Towers Council action will take place under Ordinances item F-7. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 76 / 518 Council Agenda Memo From:Regional Planning Commission Meeting:January 28, 2020 Subject:Concerning proposed amendments to Article XI Wireless Communication Towers Section §36-168 to §36-187 Presenter(s):Chad Nabity, AICP Planning Director Background The Grand Island Legal Department and Hall County Regional Planning Department have been working with Bob Duchen of River Oaks Communications Corporation in Colorado Springs CO since the fall of 2018. We were aware that the FCC was making changes to rules regarding cell towers specifically those for micro-cell towers located on light poles and other utility poles within the street right-of-way along with changes on requirements for larger towers on private property. As part of that review Mr. Duchen has made suggestions for changes to the Grand Island Zoning Ordinance to update the rules for Macro Cell Towers located on private property. The Grand Island Legal and Planning Departments along with representatives from Grand Island Utilities, Public Works and Building Departments have reviewed and modified the proposed changes that create a workable environment for Cellular companies wishing to operate in Grand Island to fit Grand Island. The final proposed changes would regulate the placement of macro cell towers located on private property. Discussion The update to the telecommunications section of the City of Grand Island Zoning regulations has been proposed due to new requirements for Macro Cell Towers. All of the proposed regulation changes are compliant with the current FCC Rules and Nebraska State Statue. The updated regulations for Macro Cell Towers created guideline for location or placement of such towers on private property. Proposed changes were made to enable a clarity within “Definition” sub-section of Chapter 36, enhance the application to develop a tower requiring applicants to submit a scaled site plan and a written statement detailing the purpose or use of the macro tower. Additional changes included a sub-section detailing the “Preferred Tower Locations” ordered from most-preferred to least-preferred along with a sub-section detailing “Alternative Sites Analysis” used when a site of higher priority is not selected. Grand Island Council Session - 1/28/2020 Page 77 / 518 The attached ordinance will be inserted into Chapter 36 in sections that are currently reserved and the ordinance will be renumbered accordingly. Article XI. Wireless Communication Macro Cell Towers §36-168. Purpose The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunications services. This Article is intended to regulate macro cell towers, telecommunications facilities and antennas in the City in conformance with the Act without prohibiting or tendingintending to prohibit any person from providing wireless telecommunicationscommunications services. Telecommunications facilities, towers and antennas in the City, shall be constructed in a way to protect residential areas and land uses from potential adverse impact of installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound and to ensure that towers and antennas are compatible with surrounding land uses. §36-169. Definitions As used in this Article, the following terms shall have the following meanings: Antenna means a device, designed and intended for transmittingcommunications equipment that transmits or receiving television,receives electromagnetic radio, or microwave frequency signals, direct satellite service (including direct-to-home satellite service), and/or video programming used in providing wireless services via multipoint distribution services.. Antenna Support Structure means any building or structure other than a tower which can be used for the location of telecommunications facilities. Applicant means any person that applies for a Tower Development Permit. Application means a process by which the owner of a tract of land within the zoning jurisdiction of the City submits a request to develop, construct, modify, or operate a tower upon such tract of land. The term application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such request. Conforming Commercial Earth Station means a satellite dish which is two meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this code. Engineer means any engineer qualified and licensed by any state or territorythe State of the United States of America. Nebraska. Owner means any person owning personal property, or real property with fee simple title or a leasehold exceeding (ten) 10 years in duration to any tract of land within the zoning jurisdiction of the City who desires to develop, construct, modify, or operate a tower upon such tract of land. Person Any natural person, firm, means an individual, a corporation, a limited liability company, a partnership, an association, corporation, company, a trust, or any other legal entity, private or public, whether for profit or not for profitorganization. Satellite Dish Antenna means an antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape. Stealth means any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees. Telecommunications Facilities means any cables, wires, lines, waive guides, antennas, or any other equipment or facilities associated with the transmission or reception of communications signals which a person seeks to Grand Island Council Session - 1/28/2020 Page 78 / 518 locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include: (1) Any Conforming Commercial Earth Station antennasatellite dish two (2) meters in diameter or less which is located on real estate zoned AG, TA, RO, B1, B2, B3, M1, M2, M3 and ME. (2) Any earth station antenna or satellite dish antenna of one (1) meter or less in diameter, regardless of the zoning applicable to the location of the antennasatellite dish. Tower means a self-supporting lattice, guyed, or monopole structure which supports Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio operators equipment as licensed by the FCC or a structure supporting an earth station antenna serving residential premises or dwelling units exclusively. Tower Development Permit means a permit issued by the City upon approval by the Mayor and City Council of an application to develop a tower within the zoning jurisdiction of the City; which permit shall continue in full force and effect for so long as the tower to which it applies conforms to this Article. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the permit’s duration and may be transferred, conveyed and assigned by the applicant to assignsassignees and successors-in-interest. Tower Owner means any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a Tower Development Permit. All terms in this Article which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Orders, Rules and Regulations of the Federal Communications Commission (FCC). §36-170. Location Of Towers and, Construction Standards and Collocation (A) Towers shall be permitted conditional uses of land in only those zoning districts where specifically listed and authorized in this code. (B) No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning jurisdiction of the City prior to approval of its application for a Tower Development Permit by the Mayor and City Council and issuance of the permit by the City. Applicants shall submit their application for a Tower Development Permit to the Building Department in triplicate and shall pay a filing fee in accordance with the City of Grand Island Fee Schedule. (C) All towers, telecommunications facilities and antennas on which construction is commenced within the zoning jurisdiction of the City after February 1, 1998____________, 2020, shall conform to the Building Code and all other construction standards set forth in the City Code, federal and state law, and applicable American National Standards Institute (ANSI)Industry standards. Upon completion of construction of a tower and prior to the commencement of use, an engineer's certification that the tower is structurally sound and in conformance with all of the aforementioned applicable regulatory standards shall be filed with the Building Department. (D) It is the policy of the City to minimize the number of towers and to encourage the collocation of antennas of more than one wireless services provider on a single tower. §36-171. Application To Develop A Tower Prior to commencement of development or construction of a tower, an application shall be submitted in triplicate to the Building Department for a Tower Development Permit and shall include the following: (A) The name, address and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower. The application shall be executed by all applicants. (B) The legal description and address of the tract of land on which the tower is to be located. (C) The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a one (1) mile radius of the location of the proposed tower, including publicly and privately owned towers or structures. (D) An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to obtain permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna support structure within a one (1) mile radius of the proposed tower location or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure within a one (1) mile radius of the proposed tower location. Grand Island Council Session - 1/28/2020 Page 79 / 518 (E) Written technical evidence from an engineer that the proposed tower will meet the Building Code, all other construction standards set forth by the City Code and federal and state law and applicable ANSIIndustry standards. (F) Color photo simulations showing the proposed location of the tower with a photo- realistic representation of the proposed tower as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway. (G (G) A scaled site plan clearly indicating the location, type, height and width of the proposed tower, on-site land uses and zoning district, adjacent land uses and zoning districts (including when adjacent to other municipalities or the County), adjacent roadways, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed tower and any other structures, topography, landscaping, fencing, and finished color, method of camouflage and illumination, parking, utility runs and other information deemed necessary to assess compliance with this Article. (H) A clear and complete written statement of purpose which shall minimally include: (a) a description of the objective to be achieved; (b) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and (c) full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a Nebraska-licensed professional engineer. (I) Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna antennas, manufacturer's literature, appurtenances such as buildings, driveway, parking area and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facility. (HJ) An application for a building permit pursuant to Chapter 8 of the City Code. §36-172. Tower Development Permit;, Procedure and Factors After receipt of an application for a Tower Development Permit, the City Clerk shall schedule a public hearing before the City Council to consider such application. Notice of such application shall be placed in a newspaper of general circulation in the City at least one (1) time ten (10) days prior to such hearing. In addition to the publication, the City Clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall be not less than eighteen (18) inches in height and twenty four (24) inches in width with a white or yellow background and black letters not less than one and one-half (1½) inches in height. Such posted notice shall be so placed upon the premises so that it is easily visible from the street nearest the same and shall be so posted at least ten (10) days prior to the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. The public hearing shall be held at which all interested parties shall be heard. The City Council may approve a Tower Development Permit as requested in the pending application with any conditions or safeguards it deems reasonable and appropriate based upon the application and/or input received at the public hearing or deny the application. In all zoning districts in which towers are a permitted conditional use of land, the Tower Development Permit shall be deemed a conditional use permit for said tract of land. §36-173. Preferred Tower Locations (A) All new towers are permitted only after application of the following siting priorities, ordered from most- preferred (1) to least-preferred (5): (1) manufacturing zones; (2) commercial zones; (3) other non-residential zoning districts; (4) parcels of land in residential zoning districts; (5) designated historic districts. Grand Island Council Session - 1/28/2020 Page 80 / 518 (B) The applicant for a tower shall address these preferences in an alternative sites analysis prepared pursuant to §36-174 below. §36-174. Alternative Sites Analysis (A) For a tower, the applicant must address the City’s preferred tower locations with a detailed explanation justifying why a site of higher priority was not selected. The City’s tower location preferences must be addressed in a clear and complete written alternative sites analysis that shows at least three (3) higher ranked, alternative sites considered that are in the geographic range of the service coverage objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate. (B) A complete alternative sites analysis provided under this subsection may include less than three (3) alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three (3) potentially available, higher ranked, alternative sites. (C) For purposes of disqualifying potential collocations or alternative sites for the failure to meet the applicant’s service coverage or capacity objectives the applicant will provide (a) a description of its objective, whether it be to address a deficiency in coverage or capacity; (b) detailed maps or other exhibits with clear and concise Radio Frequency (“RF”) data to illustrate that the objective is not met using the alternative (whether it be collocation or a more preferred location); and (c) a description of why the alternative (collocation or a more preferred location) does not meet the objective. §36-175. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet, except where such setback is from property owned, controlled and/or maintained by the City of Grand Island and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of the proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. Amended by Ordinance No. 9222, effective 06-16-09 §36-174. Structural Standards for Towers Adopted The Structural Standards For Steel Antenna Towers And Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 222-E-1991) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. §36-176. §36-175. Illumination and Security Fences (A) Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In Grand Island Council Session - 1/28/2020 Page 81 / 518 cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower subject to this Article shall be equipped with dual mode lightinglighting that minimizes its effect on residential zoned properties. (B) All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure. §36-176177. Exterior Finish , Notice, Signs and Visual Impact (A) Exterior Finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the City Council as part of the application approval process. All towers which must be approved as a conditional use shall be of stealth design unless stealth features are impractical or the cost of such features represents an undue burden on the applicant. (B) Notice. For purposes of this Article, any Tower Development Permit shall require notice to surrounding property owners located within two hundred (200) feet of the legal boundary of the real property where the tower is to be located. An applicant or its designee shall provide this list to the City. (C) Signs. No tower may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the City. (D) Visual Impact. All towers are encouraged to be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the tower. §36-177178. Landscaping All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the City Code. §36-178179. Maintenance, Repair or Modification of Existing Towers All towers constructed or under construction on February 1, 1998 may continue in existence as a non- conforming structure and may be maintained or repaired without complying with any of the requirements of this Article. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this Article, including applying for and obtaining a Tower Development Permit. Any modification or reconstruction of a tower constructed or under construction onafter February 1, 1998, shall require compliance with the requirements of this Article including applying for and obtaining a Tower Development Permit. Said application shall describe and specify all items which do not comply with this Article and may request, subject to approval by the Mayor and City Council, an exemption from compliance as a condition of the Tower Development Permit. §36-179180. Inspections (A) The City reserves the right to conduct an inspection of towers, antenna support structures, telecommunications facilities and antennas upon reasonable notice to the tower owner or operator to determine compliance with this Article and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the Building Code and any other construction standards set forth in the City Code, federal and state law or applicable ANSIIndustry standards. (B) If, upon inspection, the City concludes that a tower, antenna support structure, telecommunications facilities or antennas fail to comply with codes or standards and constitute a danger to persons or property, then upon written notice being provided to the owner, the owner shall have sixty (60) days to bring such into compliance with the codes and standards. Failure to bring such into compliance within said sixty (60) days shall constitute grounds for removal at the owner’s expense. Grand Island Council Session - 1/28/2020 Page 82 / 518 §36-180181. Maintenance The towers, antenna support structures, telecommunications facilities and antennas shall at all times be kept and maintained in good condition, order and repair so that the same doesdo not constitute a nuisance to or a danger to the life or property of any person or the public. §36-181182. Abandonment If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days, the Building Department shall notify the tower owner that the site will be subject to a determination by the Building Department Director that the site has been abandoned. Upon issuance of a Notice to Show Cause by the Building Department Director, the tower owner shall have thirty (30) days to show by a preponderance of the evidence that the tower has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower has been in use or under repair during the relevant period, the Building Department Director shall issue a final determination of abandonment of the site and the tower owner shall have seventy five (75) days thereafter to dismantle and move the tower. In the event the tower is not dismantled and removed, the tower shall be declared a public nuisance by the Building Department Director, or his/her designee and a written request shall be directed to the City Attorney to proceed to abate said public nuisance pursuant to §20-15 of the Grand Island City Code, and charge the costs thereof against the real estate on which the tower is located or the owner of record of the said real estate. §36-183. Certificate of Completion, Compliance and Appearance (A) A certificate of completion will only be granted upon satisfactory evidence that the tower was installed in substantial compliance with the approved plans and photo simulations. (B) If it is found that the tower does not substantially comply with the approved plans and photo simulations, the applicant shall make any and all such changes required to bring the tower into compliance promptly. (C) The site and tower, including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plans. (D) All graffiti at a tower site must be removed at the sole expense of the permittee after notification by the City to the owner or operator of the tower. (E) If any FCC, State or other governmental license or any other governmental approval to provide communication services is ever revoked as to any tower site permitted or authorized by the City, the permittee must inform the City of the revocation within thirty (30) days of receiving notice of such revocation. §36-184182. Satellite Dish Antennas, Regulation Regulations After February 1, 1998, installation of satellite dish antennas shall be permitted within the zoning jurisdiction of the City of Grand Island only upon compliance with the following criteria: (A) In residential zoned districts, satellite dish antennas may not exceed a diameter of ten (10) feet. (B (A) Single family residences may not have more than one (1) satellite dish antenna. (CB) Multiple family residences with ten or less dwelling units may have no more than one (1) satellite dish antenna. . Multiple family residences with more than ten (10) dwelling units may have no more than two (2) satellite dish antennasdishes. (DC) In residential zoning districts, a satellite dish antennas shall not be installed in the required front yard setback area or side yard setback area. (ED) All satellite dish antennasdishes installed within the zoning jurisdiction of the City after February 1, 1998, shall be of a neutral color such as black, gray, brown, or such other color as will blend with the surrounding dominant color in order to camouflage the antennadish. §36-183185. Severability If any clause, section, or any other part of this Article shall be held invalid or unconstitutional by any court Grand Island Council Session - 1/28/2020 Page 83 / 518 of competent jurisdiction, the remainder of this Article shall not be affected thereby, but shall remain in full force and effect. §36-186. Conflicts These Macro Cell Towers regulations are in addition to other regulations in the City Code. In case of a conflict between regulations, the more restrictive shall apply. §36-184. Reserved §36-185. Reserved §36-186. Reserved §36-187. Reserved From the January 8, 2020 Regional Planning Commission Meeting Minutes: Public Hearing – Regulation Change: Chapter 36 of the Grand Island City Code Article XI Wireless Communications Tower – Consideration of proposed changes to Chapter 36 sections 168 to 187 regarding regulations for wireless communications towers. O’Neill opened the public hearing. Nabity explained this is an update the telecommunications section of the City of Grand Island Zoning regulations. There have been a number of changes to the federal requirements in the last few years. Mr. Duchen, an attorney with River Oaks Communications Corporation, made suggestions for changes to the Grand Island Zoning Ordinance to update regulations for Macro Cell Towers on private property. All of the proposed regulation changes are compliant with the current FCC Rules and Nebraska State Statue. O’Neill closed the public hearing. A motion was made by Robb and second by Allan to approve the regulation change to Chapter 36 of the Grand Island City Code Article XI Wireless Communications Tower. The motion was carried with nine members voting in favor (Nelson, Allan, O’Neill, Ruge, Maurer, Monter, Robb, Rainforth and Rubio) and no members 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 Grand Island Council Session - 1/28/2020 Page 84 / 518 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the proposed changes as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 1/28/2020 Page 85 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item E-6 Public Hearing on Acquisition of Utility Easement - 3020 West 14th Street - Van Hoosen & Stubbs Council action will take place under Ordinances item G-7. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/28/2020 Page 86 / 518 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:January 28, 2020 Subject:Acquisition of Utility Easement – 3020 West 14th Street – Van Hoosen & Stubbs Presenter(s):Timothy Luchsinger, Utilities Director Background Nebraska State Law requires that acquisition of property must be approved by City Council. The Utilities Department needs to acquire utility easement relative to the property of Alex Van Hoosen and Kaeli Stubbs, located through a part of the west half (W ½) of Lot Twelve (12), of Island Acres, an addition to City of Grand Island, Hall County, Nebraska (3020 West 14th Street), in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The Utilities Department will be upgrading the overhead power lines between 14th and 15th Street from Webb Road to Piper Street. Two new service poles will be relocated to accommodate electric service to three customers at 14th and Piper Streets. The new service poles will be located along the east property line of 3020 West 14th Street. The proposed easement tract 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 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 - 1/28/2020 Page 87 / 518 Grand IslandCouncil Session - 1/28/2020Page 88 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-1 #9755 - Consideration of Creation of Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivision Staff Contact: John Collins PE - Public Works Director Grand Island Council Session - 1/28/2020 Page 89 / 518 Council Agenda Memo From:Keith Kurz, Assistant Public Works Director Meeting:January 28, 2020 Subject:Consideration of Creation of Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivision Presenter(s):John Collins, Public Works Director Background The Engineering Division of the Public Works Department received a petition for creation of a Sanitary Sewer District to serve the new subdivision of Ellington Pointe and the existing subdivision of Westwood Park. Discussion If the district is created, a notice will be mailed to all affected property owners, a 30-day protest period allowed and an open house meeting held to review the project with property owners. The Public Works Department recommends that the assessments for the district be spread equally across the lots in the district with a ten (10) year repayment schedule. 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 creation of Sanitary Sewer District No. 543. Sample Motion Move to approve the resolution. Grand Island Council Session - 1/28/2020 Page 90 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9755 An ordinance creating Sanitary Sewer District No. 544 of the City of Grand Island, Nebraska; defining the boundaries thereof; providing for the laying of sanitary sewer mains in said district; providing for plans and specifications and securing bids; assessing the costs of such improvements; providing for certification to the Register of Deeds; and 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. Sanitary Sewer District No. 544 is hereby created for the construction of an 8” inch gravity sanitary sewer system within Ellington Pointe Subdivision and a portion of Westwood Park Subdivision all within the City of Grand Island, Hall County, Nebraska. SECTION 2. The boundaries of such sanitary sewer district shall be as follows: BEGINNING AT THE NORTHEAST CORNER OF LOT 1, HANOVER 2ND SUBDIVISION, THENCE CONTINUING SOUTHERLY ALONG THE WEST RIGHT OF WAY LINE OF NORTH ROAD AND THE EAST LINE OF LOT 1, HANOVER 2ND SUBDIVISION TO THE NORTHEAST CORNER OF LOT 1, BLOCK 2, OF ELLINGTON POINTE SUBDIVISION THENCE CONTINUING SOUTHERLY ALONG SAID WEST RIGHT OF WAY LINE AND THE EAST LINE OF LOTS 1, AND 2, BLOCK 2, AND LOT 1, BLOCK 1 AND OUTLOT A ELLINGTON POINTE SUBDIVISION TO THE SOUTHEAST CORNER OF OUTLOT A, OF ELLINGTON POINTE SUBDIVISION, AND THE NORTHEAST CORNER OF LOT 1, WESTWOOD PARK SUBDIVISION, THENCE SOUTHERLY ON THE EAST LINE OF LOTS 1,45,46,47 AND AN EXTENSION THEREOF TO THE SOUTHEAST CORNER OF LOT 47, THENCE EASTERLY ON AN EXTENSION OF THE SOUTH LINE OF SAID LOT 47, WESTWOOD PARK SUBDIVISION TO A POINT 33’ WEST OF THE EAST LINE OF SECTION 14-11-10 SAID Grand Island Council Session - 1/28/2020 Page 91 / 518 ORDINANCE NO. 9755(Cont.) - 2 - POINT BEING ON THE WEST LINE OF NORTH ROAD, THENCE SOUTH ON THE WEST LINE OF NORTH ROAD FOR A DISTANCE OF 300’, THENCE WESTERLY ON A LINE SOUTH OF AN PARALLEL TO THE SOUTH LINE OF LOTS 42 & 47, WESTWOOD PARK SUBDIVISION FOR A DISTANCE OF 300’, THENCE NORTHERLY ON A LINE 300’ WEST OF AND PARALLEL TO THE WEST LINE OF NORTH ROAD FOR A DISTANCE OF 300’ TO THE SOUTH LINE OF LOT 42, WESTWOOD PARK SUBDIVISION, THENCE WESTERLY ON THE SOUTHERLY LINE OF LOTS 41 & 42, WESTWOOD PARK SUBDIVISION, TO THE SOUTHWEST CORNER OF SAID LOT 41, WESTWOOD PARK SUBDIVISION, SAID POINT BEING ON THE EAST LINE OF LOT 36, WESTWOOD PARK SUBDIVISION, THENCE SOUTHERLY ON THE EAST LINE OF LOTS 33, 34, 35, & 36, WESTWOOD PARK SUBDIVISION TO THE SOUTHEAST CORNER OF LOT 33, WESTWOOD PARK SUBDIVISION, THENCE WESTERLY ON THE SOUTH LINE OF LOT 33, WESTWOOD PARK SUBDIVISION, THENCE WEST ON SOUTH LINE OF LOT 33, WESTWOOD PARK SUBDIVISION TO THE SOUTHEAST CORNER OF LO33, WESTWOOD PARK SUBDIVISION, THENCE ON A EXTENSION OF SAID SOUTH LINE TO THE SOUTHEAST CORNER OF LOT 12, WESTWOOD PARK SUBDIVISION, THENCE CONTINUING ON THE SOUTH LINE FOR LOT 12, WESTWOOD PARK SUBDIVISION TO THE SOUTHWEST CORNER OF LOT 12, WESTWOOD PARK SUBDIVISION, THENCE NORTHERLY ON THE WEST LINE OF LOT 12, WESTWOOD PARK SUBDIVISION, TO THE NORTHWEST CORNER OF LOT 12, WESTWOOD PARK SUBDIVISION, THENCE EAST ON THE NORTH LINE OF LOT 12, WESTWOOD PARK SUBDIVISION, TO THE SOUTHWEST CORNER OF LOT 11, WESTWOOD PARK SUBDIVISION, THENCE NORTHERLY ON THE WEST LINE OF LOT 10 & 11, AND AN EXTENSION THEREOF TO THE NORTHWEST CORNER OF LOT 10, WESTWOOD PARK SUBDIVISION, THENCE EAST ON THE NORTH LINE OF LOT 10, WESTWOOD PARK SUBDIVISION, TO THE WEST LINE OF SWEETWOOD DRIVE, THENCE NORTH ON THE WEST LINE OF SWEETWOOD DRIVE, TO THE NORTH LINE OF DRIFTWOOD DRIVE, THENCE EAST ON THE NORTH LINE OF DRIFTWOOD DRIVE TO THE SOUTHWEST CORNER OF LOT 7, WESTWOOD PARK SUBDIVISION, THENCE NORTH ON THE WEST LINE OF LOT 7, WESTWOOD PARK SUBDIVISION TO THE NORTH LINE OF WESTWOOD PARK SUBDIVISION, THENCE EASTERLY ON THE NORTH LINE OF WESTWOOD PARK SUBDIVISION TO A POINT EXTENDED FROM THE NORTHWEST CORNER OF LOT 6 WESTWOOD PARK SUBDIVISION A DISTANCE OF 7.75’ FEET TO THE SOUTHWEST CORNER OF LOT 7, BLOCK 1 ELLINGTON POINTE SUBDIVISION THENCE NORTHLY ON THE WEST LINE OF SAID LOT 7 TO THE NORTHWEST OF LOT 7, BLOCK 1 ELLINGTON POINTE SUBDIVISION; THENCE CONTINUING NORTHERLY ON THE SAID WEST LINE EXTENDED A DISTANCE OF 64’ FEET TO THE SOUTHWEST CORNER OF LOT 5, BLOCK 4 ELLINGTON POINTE SUBDIVISION; THENCE CONTINUING NORTHERLY ON THE WEST LINE OF LOTS 1 ,2,3,4, & 5, BLOCK 4 TO NORTHWEST CORNER OF LOT 1, BLOCK 4, THENCE CONTINUING ON SAME SAID LINE EXTENDED A DISTANCE OF 64’ FEET TO THE SOUTHWEST CORNER OF LOT 18, BLOCK 2, THENCE CONTINUING NORTHERLY ON THE WEST LINE OF SAID LOT 18, BLOCK 2, TO THE NORTHWEST CORNER OF SAID LOT 18, BLK 2 ELLINGTON POINTE SUBDIVISION, THENCE EASTERLY ON THE NORTH LINE OF LOTS 12,13, 14, 15, 16, 17, & 18, BLOCK 2, ELLINGTON POINTE SUBDIVISION TO THE NORTHEAST CORNER OF LOT 12, BLOCK 2, ELLINGTON POINTE SUBDIVISION, THENCE SOUTHERLY ON THE EAST LINE OF SAID LOT 12, BLOCK 2 ELLINGTON POINTE SUBDIVISION, A DISTANCE OF 20’ FEET TO THE NORTHWEST CORNER OF LOT 1, HANOVER 2ND SUBDIVISION, THENCE EASTERLY ON THE NORTH LINE OF SAID LOT 1, HANOVER 2ND SUBDIVISION TO THE POINT OF BEGINNING. Grand Island Council Session - 1/28/2020 Page 92 / 518 ORDINANCE NO. 9755(Cont.) - 3 - SECTION 3. Said improvement shall be made in accordance with plans and specifications approved by the Engineer for the City, who shall estimate the costs thereof. Bids for the construction of such sanitary sewer shall be taken and contracts entered into in the manner provided by law. SECTION 4. All improvements shall be made at public cost, but the cost thereof shall be assessed upon the lots and lands in the district specially benefited thereby as provided by law. SECTION 5. This ordinance shall be in force and take effect from and after its passage, approval and publication, without the plat, as provided by law. SECTION 6. This ordinance, with the plat, is hereby directed to be filed in the office of the Register of Deeds of Hall County, Nebraska. SECTION 7. After passage, approval and publication of this ordinance, notice of the creation of said district shall be published in the Grand Island Independent, a legal newspaper published and of general circulation in said City, as provided by law, and shall be provided by mailed notice to the affected property owners of such district creation and that they shall have thirty (30) days from and after such publication to file with the Grand Island City Clerk their written protest of the creation of the district. Enacted: January 28, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 93 / 518 Grand Island Council Session - 1/28/2020 Page 94 / 518 Grand Island Council Session - 1/28/2020 Page 95 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-2 #9756 - Consideration of Amending Salary Ordinance Relative of Meter Readers Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 1/28/2020 Page 96 / 518 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:January 28, 2020 Subject:Consideration of Approving Salary Ordinance No. 9756 Presenter(s):Aaron Schmid, Human Resources Director Background The salary ordinance for employees of the City of Grand Island comes before Council when changes are necessary. The following explains the proposed changes to the salary ordinance. Discussion The proposed salary ordinance would create a part time Meter Reader classification. The Finance department recently experienced a retirement of a full time Meter Reader. After evaluating staffing needs, it was determined that a part time position would be more appropriate to backfill the opening. 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 proposed Salary Ordinance No. 9756. Sample Motion Move to approve Salary Ordinance No. 9756. Grand Island Council Session - 1/28/2020 Page 97 / 518 Approved as to Form ¤ ___________ January 17, 2020 ¤ City Attorney ORDINANCE NO. 9756 An ordinance to amend Ordinance 9750 known as the Salary Ordinance which lists the currently occupied classifications of officers and employees of the City of Grand Island, Nebraska and established the ranges of compensation of such officers and employees; to amend the salary ranges of employees covered under the FOP labor agreement; to add the FOP position and salary range of Police Lieutenant; to remove the FOP Training and Special Events Bank; to amend the FOP medical leave payout at separation of employment or death; to amend shift differential pay; to amend the FOP longevity pay; to correct the listed salary range of the IBEW – Utilities Utility Groundman add the non-union position and salary range of Meter Reader – Part Time; and to reimburse the non-union Meter Reader - Part Time position sixty percent (60%) of the actual cost of providing and cleaning protective clothing required for the position; and to repeal those portions of Ordinance No. 9750 and any parts of other ordinances in conflict herewith; to provide for severability; to provide for the effective date thereof; and to provide for publication of this ordinance in pamphlet form. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The currently occupied classifications of officers and general employees of the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by Personnel Rules & Regulations) to be paid for such classifications, and the number of hours and work period which certain officers and general employees shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accountant 26.4150/38.6380 Exempt Accounting Technician – Solid Waste 20.4135/25.8403 40 hrs/week Grand Island Council Session - 1/28/2020 Page 98 / 518 ORDINANCE NO. 9756 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Coordinator – Public Works 22.0092/31.6931 40 hrs/week Assistant Finance Director 35.2700/51.4400 Exempt Assistant Public Works Director/Engineering 41.1300/63.0000 Exempt Assistant Utilities Director – Engineering/Business Operations 56.0485/81.7800 Exempt Assistant Utilities Director – Production 56.0485/81.7800 Exempt Assistant Utilities Director – Transmission 56.0485/81.7800 Exempt Attorney 35.0573/52.0769 Exempt Building Department Director 41.2900/60.9300 Exempt Cemetery Superintendent 26.2260/38.5105 Exempt City Administrator 76.1973/88.7644 Exempt City Attorney 51.1831/71.0744 Exempt City Clerk 33.8388/45.3688 Exempt Civil Engineer I 31.3740/44.5826 Exempt Civil Engineer II 35.6038/51.2718 Exempt Collection System Supervisor 26.3531/38.5602 40 hrs/week Community Development Administrator 23.0800/33.5800 40 hrs/week Community Service Officer – Part time 16.8469/23.5356 40 hrs/week Custodian – Library, Police 15.5701/21.6946 40 hrs/week Customer Service Representative 10.6729/14.7180 40 hrs/week Customer Service Team Leader 21.5389/29.8815 Exempt Deputy City Clerk 27.4400/35.5280 40 hrs/week Electric Distribution Superintendent 41.2596/54.9768 Exempt Electric Distribution Supervisor 38.8735/52.9283 40 hrs/week Electric Underground Superintendent 41.2596/54.9768 Exempt Electrical Engineer I 30.3798/43.3486 Exempt Electrical Engineer II 34.8211/50.1998 Exempt Emergency Management Deputy Director 28.9309/42.5398 Exempt Emergency Management Director 41.1754/60.9343 Exempt Engineer I – Public Works 34.6000/48.2600 Exempt Engineer I – WWTP 34.6000/48.2600 Exempt Engineering Technician - WWTP 22.7343/31.8463 40 hrs/week Equipment Operator - Solid Waste 20.1229/28.0023 40 hrs/week Finance Director 46.7955/70.9710 Exempt Finance Operations Supervisor 25.1200/35.2000 Exempt Grand Island Council Session - 1/28/2020 Page 99 / 518 ORDINANCE NO. 9756 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Chief 46.7670/69.8151 Exempt Fire EMS Division Chief 39.6795/56.2614 Exempt Fire Operations Division Chief 39.6795/56.2614 Exempt Fire Prevention Division Chief 39.6795/56.2614 Exempt Fleet Services Shop Foreman 26.0843/38.8784 40 hrs/week GIS Coordinator - PW 29.8365/44.5116 Exempt Golf Course Superintendent 26.3811/38.1699 Exempt Grounds Management Crew Chief – Cemetery 22.0203/32.3915 40 hrs/week Grounds Management Crew Chief – Parks 23.6475/33.8464 40 hrs/week Human Resources Director 41.5100/62.1000 Exempt Human Resources Benefits/Risk Mgmt Coordinator 25.1073/37.3863 40 hrs/week Human Resources Recruiter 25.1073/37.3863 40 hrs/week Human Resources Specialist 25.1073/37.3863 40 hrs/week Information Technology Manager 39.8171/60.2115 Exempt Legal Secretary 21.9574/30.7236 40 hrs/week Librarian I 24.7613/33.1573 Exempt Librarian II 27.9810/36.9788 Exempt Library Assistant I 16.0535/23.2007 40 hrs/week Library Assistant II 19.8390/28.0855 40 hrs/week Library Director 44.9256/68.3671 Exempt Library Page 11.4129/15.7445 40 hrs/week Library Secretary 17.6121/24.4772 40 hrs/week Maintenance Worker – Golf 17.0125/26.3171 40 hrs/week Meter Reader – Part Time 20.8602/27.9301 40 hrs/week Meter Reader Supervisor 24.8044/32.1658 Exempt MPO Program Manager 28.5770/42.0450 Exempt Office Manager – Police Department 21.0390/30.5340 40 hrs/week Parks and Recreation Director 44.9156/67.9979 Exempt Parks Superintendent 33.4069/49.3428 Exempt Payroll Specialist 21.8505/31.8161 40 hrs/week Planner I 25.0900/36.0300 40 hrs/week Planning Director 42.4161/63.6235 Exempt Police Captain 38.9895/56.3971 Exempt Police Chief 47.6514/71.6401 Exempt Power Plant Maintenance Supervisor 37.4591/51.1981 Exempt Grand Island Council Session - 1/28/2020 Page 100 / 518 ORDINANCE NO. 9756 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Operations Supervisor 39.1313/54.6741 Exempt Power Plant Superintendent – Burdick 45.5090/63.4500 Exempt Power Plant Superintendent – PGS 51.0104/72.9678 Exempt Public Works Director 48.0175/71.8620 Exempt Public Works Engineer 34.6028/50.6015 Exempt Receptionist 17.1392/26.3534 40 hrs/week Recreation Coordinator 24.6495/35.1719 Exempt Recreation Superintendent 33.4353/50.2938 Exempt Regulatory and Environmental Manager 41.1493/57.4829 Exempt Senior Civil Engineer 37.6163/55.7655 Exempt Senior Electrical Engineer 40.4714/57.1761 Exempt Senior Public Safety Dispatcher 21.2775/28.3220 40 hrs/week Senior Utility Secretary 19.6160/26.9908 40 hrs/week Shooting Range Superintendent 29.7586/44.9183 Exempt Solid Waste Division Clerk - Full Time 20.4252/25.7922 40 hrs/week Solid Waste Division Clerk - Part Time 18.3827/23.2130 40 hrs/week Solid Waste Foreman 24.2594/33.8702 40 hrs/week Solid Waste Superintendent 34.5540/51.0973 Exempt Street Superintendent 32.6403/48.2648 Exempt Street Foreman 25.3949/37.3590 40 hrs/week Transit Program Manager 28.5300/41.6300 Exempt Turf Management Specialist 23.7096/33.6482 40 hrs/week Utilities Director 75.7041/102.4728 Exempt Utility Production Engineer 39.4781/57.9095 Exempt Utility Warehouse Supervisor 28.2792/39.3908 40 hrs/week Victim Assistance Unit Coordinator 17.3274/24.9070 40 hrs/week Victim/Witness Advocate 15.8857/22.8289 40 hrs/week Wastewater Plant Chief Operator 25.5094/36.6879 40 hrs/week Wastewater Plant Engineer 35.5893/53.8583 Exempt Wastewater Plant Operations Engineer 34.7543/52.0493 Exempt Wastewater Plant Maintenance Supervisor 26.8071/38.4864 40 hrs/week Wastewater Plant Regulatory Compliance Manager 33.9519/41.0848 Exempt Water Superintendent 33.4413/49.0888 Exempt Water Supervisor 26.7174/41.0040 40 hrs/week Worker / Seasonal 9.0000/20.0000 Exempt Grand Island Council Session - 1/28/2020 Page 101 / 518 ORDINANCE NO. 9756 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 9.0000/20.0000 40 hrs/week Worker / Temporary 9.0000/20.0000 40 hrs/week Worker / Parks & Recreation Part time 9.0000/20.0000 40 hrs/week Aquatics staff who refer new lifeguards will receive a stipend for the referral, upon meeting the following criteria:  The referral cannot have worked as a City of Grand Island lifeguard in the past.  The referral must pass a background check, complete and pass a free lifeguard class, and work for at least 80 hours.  Aquatics staff shall be paid for their referral as follows: o 1 referral – $50.00 o 2 referrals - $75.00 o 3 or more referrals - $100.00 SECTION 2. The currently occupied classifications of employees of the City of Grand Island included under the AFSCME labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the AFSCME labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Equipment Operator – Streets 20.8650/30.9087 40 hrs/week Fleet Services Mechanic 23.3145/34.5422 40 hrs/week Horticulturist 23.8961/35.4669 40 hrs/week Maintenance Worker – Cemetery 19.7275/29.2485 40 hrs/week Maintenance Worker – Parks 19.4596/28.8679 40 hrs/week Maintenance Worker – Streets 19.4506/28.8342 40 hrs/week Senior Equipment Operator – Streets 22.3929/33.2126 40 hrs/week Grand Island Council Session - 1/28/2020 Page 102 / 518 ORDINANCE NO. 9756 (Cont.) - 6 - Classification Hourly Pay Range Min/Max Overtime Eligibility Senior Maintenance Worker – Streets 22.2384/32.9835 40 hrs/week Traffic Signal Technician 22.0846/32.7555 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW Utilities labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Utilities labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Administrative Assistant-Utilities 21.9201/31.1427 40 hrs/week Custodian 17.3168/21.4065 40 hrs/week Electric Distribution Crew Chief 38.9666/50.8883 40 hrs/week Electric Underground Crew Chief 38.9666/50.8883 40 hrs/week Engineering Technician I 25.6354/33.5904 40 hrs/week Engineering Technician II 32.4212/42.0591 40 hrs/week Instrument Technician 34.3553/45.2280 40 hrs/week Lineworker Apprentice 26.6079/36.6610 40 hrs/week Lineworker First Class 33.0441/41.8296 40 hrs/week Materials Handler 31.0007/38.0597 40 hrs/week Meter Reader 20.8602/27.9301 40 hrs/week Meter Technician 31.3285/36.6107 40 hrs/week Power Dispatcher I 33.7325/40.5910 40 hrs/week Power Dispatcher II 40.1796/48.0800 40 hrs/week Power Plant Maintenance Mechanic 31.9732/42.0591 40 hrs/week Power Plant Operator 34.5848/41.9279 40 hrs/week Senior Engineering Technician 33.2735/43.6982 40 hrs/week Senior Materials Handler 33.4702/43.5889 40 hrs/week Senior Meter Reader 22.0869/28.7680 40 hrs/week Senior Power Dispatcher 46.4846/54.8986 40 hrs/week Grand Island Council Session - 1/28/2020 Page 103 / 518 ORDINANCE NO. 9756 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Senior Power Plant Operator 40.6167/48.5947 40 hrs/week Senior Substation Technician 39.6994/44.7362 40 hrs/week Senior Water Maintenance Worker 25.8211/35.9365 40 hrs/week Substation Technician 39.5895/41.3051 40 hrs/week Systems Technician 38.9776/45.0094 40 hrs/week Tree Trim Crew Chief 30.7493/41.4471 40 hrs/week Utility Electrician 31.9513/42.3869 40 hrs/week Utility Groundman 20.0188/28.0000 40 hrs/week Utility Secretary 21.0568/29.3725 40 hrs/week Utility Technician 34.2461/42.5617 40 hrs/week Utility Warehouse Clerk 23.8324/30.1483 40 hrs/week Water Maintenance Worker 24.6738/32.5960 40 hrs/week Wireworker I 23.8324/36.0600 40 hrs/week Wireworker II 33.0441/41.8296 40 hrs/week SECTION 4. The currently occupied classifications of employees of the City of Grand Island included under the FOP labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the FOP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Police Officer 22.6435/35.9531 Police Sergeant 31.3672/42.6610 Police Lieutenant 34.6000/48.6219 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs Grand Island Council Session - 1/28/2020 Page 104 / 518 ORDINANCE NO. 9756 (Cont.) - 8 - concurrent with the City’s current payroll cycle. For purposes of calculating eligibility for overtime, “hours worked” shall include actual hours worked, vacation, personal leave and holiday hours. Employees shall be eligible for overtime when they exceed their hours scheduled for work in the fourteen (14) day pay cycle with a minimum of eighty (80) hours. All work completed after eighty (80) hours in a pay period that is performed for work that is funded by grants from parties outside or other than the City of Grand Island, shall be paid overtime for the time worked after eighty (80) hours, if the time is funded at overtime rates by the grant. SECTION 5. The currently occupied classifications of employees of the City of Grand Island included under the IAFF labor agreement, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees included under the IAFF labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Captain 22.1366/28.4820 212 hrs/28 days Firefighter / EMT 16.6877/23.2313 212 hrs/28 days Firefighter / Paramedic 18.0399/25.3581 212 hrs/28 days Life Safety Inspector 25.4583/33.1935 40 hrs/week Battalion Chief 28.4540/32.7824 212 hrs/28 days IAFF employees, with the exception of the Life Safety Inspector, will be eligible for overtime pay for hours worked in excess of 212 hours in each 28-day pay period, unless recall or mandatory overtime is required as specified in the IAFF labor agreement. When an employee is assigned as an Apparatus Operator (not including ambulance or service vehicles) the employee will receive an additional fifty cents ($.50) per hour. Grand Island Council Session - 1/28/2020 Page 105 / 518 ORDINANCE NO. 9756 (Cont.) - 9 - SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Wastewater Treatment Plant labor agreement, and the ranges of compensation salary and wages, excluding shift differential as provided by contract, to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Wastewater Treatment Plant labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 18.5411/26.9638 40 hrs/week Biosolids Technician 21.4846/32.0754 40 hrs/week Equipment Operator – WWTP 19.8813/27.9091 40 hrs/week Lead Maintenance Mechanic 22.6243/32.3034 40 hrs/week Lead Maintenance Worker 21.3132/29.9900 40 hrs/week Lead Wastewater Plant Operator 23.7147/33.9967 40 hrs/week Maintenance Mechanic I 19.3955/28.2451 40 hrs/week Maintenance Worker – WWTP 19.7011/28.4653 40 hrs/week Stormwater Program Manager 23.3249/33.9725 40 hrs/week Wastewater Plant Laboratory Technician 21.5806/30.1151 40 hrs/week Wastewater Plant Operator I 19.4564/27.3467 40 hrs/week Wastewater Plant Operator II 21.9202/30.9318 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW Service/Clerical/Finance labor agreement, and the ranges of compensation salary and wages to be paid for such classifications, and the number of hours and work period which certain such employees included under the IBEW Service/Clerical/Finance labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 17.7758/25.0186 40 hrs/week Accounting Technician – Streets 20.6086/27.1846 40 hrs/week Grand Island Council Session - 1/28/2020 Page 106 / 518 ORDINANCE NO. 9756 (Cont.) - 10 - Accounts Payable Clerk 19.2750/27.4436 40 hrs/week Administrative Assistant-Bldg, Fire, Parks, Planning 20.0426/28.7466 40 hrs/week Administrative Assistant – Public Works 20.7989/30.0162 40 hr/week Audio Video Technician 22.6223/30.8696 40 hrs/week Building Inspector 23.1441/34.0970 40 hrs/week Cashier 17.7704/24.3535 40 hrs/week Community Service Officer 16.8469/23.5356 40 hrs/week Computer Operator 23.8896/32.3226 40 hrs/week Computer Technician 24.8770/34.7203 40 hrs/week Crime Analyst 23.6446/31.4740 40 hrs/week Electrical Inspector 23.2534/34.0460 40 hrs/week Emergency Management Coordinator 20.7916/30.0162 40 hrs/week Engineering Technician – Public Works 23.0241/32.4715 40 hrs/week Evidence Technician 18.9149/27.5594 40 hrs/week GIS Coordinator 29.6004/43.6354 40 hrs/week Maintenance Worker I – Building, Library, Police 16.8177/23.4604 40 hrs/week Maintenance Worker II – Building, Library, Police 19.0859/25.7470 40 hrs/week Payroll Clerk 19.6062/27.0001 40 hrs/week Plans Examiner 23.4249/34.5678 40 hrs/week Plumbing/Mechanical Inspector 23.2607/33.8202 40 hrs/week Police Records Clerk 17.2105/24.4452 40 hrs/week Public Safety Dispatcher 19.9030/27.0934 40 hrs/week Senior Accounting Clerk 19.8226/27.4663 40 hrs/week Shooting Range Operator 25.2024/33.9923 40 hrs/week Wastewater Secretary 19.4007/27.3830 40 hrs/week The hourly rates for Community Service Officers training new Community Service Officers shall increase three percent (3%) during the training period. SECTION 8. A shift differential of twenty-five cents ($0.25) per hour shall be added to the base hourly wage for persons in the non-union employee classification of Senior Public Safety Dispatcher who work any hours or portion thereof between 3:00 p.m. and 11:00 p.m. Employees who work any hours or portion thereof from 11:00 p.m. to 7:00 a.m. will receive a Grand Island Council Session - 1/28/2020 Page 107 / 518 ORDINANCE NO. 9756 (Cont.) - 11 - shift differential of thirty-five cents ($0.35) per hour. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of twenty-five cents ($0.25) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification Public Safety Dispatcher who work a complete shift between 3:00 p.m. and 11:00 p.m. A shift differential of thirty-five cents ($0.35) per hour shall be added to the base hourly wage for persons covered by the IBEW Service/Clerical/Finance labor agreement in the employee classification of Public Safety Dispatcher who work a complete shift between 11:00 p.m. to 7:00 a.m. This does not include persons who work the day shift. Shift differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. A shift differential of $0.25 per hour shall be added to the base hourly wage for persons who work rotating shifts covered by the IBEW Utilities labor agreement in the employee classifications of Power Dispatcher I, Power Dispatcher II, Power Plant Operator, Senior Power Dispatcher and Senior Power Plant Operator. All employees covered under the FOP labor agreement and are regularly assigned to a shift whose majority of hours occur between 1800 hours and 0600 hours, shall be paid an additional forty-five cents ($0.45) per hour. Full time employees covered in the AFSCME labor agreement normally assigned to a work schedule commencing between 4 a.m. and 11 a.m., who are temporarily assigned to a work schedule commencing before 4 a.m. or after 11 a.m., shall receive a shift differential of twenty-five cents ($0.25) per hour added to the base hourly rate for the hours worked during such temporary assignment. Full time employees covered in the IBEW Wastewater Treatment Plant labor agreement who are regularly scheduled to work swing shift will receive an additional twenty-five Grand Island Council Session - 1/28/2020 Page 108 / 518 ORDINANCE NO. 9756 (Cont.) - 12 - cents ($0.25) per hour; employees who are regularly schedule to work graveyard shift will receive an additional thirty-five cents ($0.35) per hour for wages attributable to those shifts. Employees working twelve (12) or ten (10) hour shifts will receive an additional twenty-five cents ($0.25) per hour for wages attributable to the evening shift. The classification of employees included under labor agreements with the City of Grand Island, and the ranges of compensation (salary and wages, excluding shift differential as provided by contract) to be paid for such classifications, and the number of hours and work period which certain such employees shall work prior to overtime eligibility are as stated above. Each employee covered by the IAFF labor agreement after their first year, except Life Safety Inspector, will be credited Five Hundred Twenty-five dollars ($525.00) annual credit to be used for the purchase of the uniform item purchases as needed. New hires will receive Four Hundred dollars ($400.00) credit for the purchase of initial uniforms. After probation they shall receive an additional Five Hundred dollars ($500.00) for the purchase of a Class A uniform or other items as necessary. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary at the rate of Three Hundred Twenty-five dollars ($325.00) semi-annually. If any such employee covered by the FOP labor agreement shall resign, or his or her employment be terminated for any reason whatsoever, the clothing allowance shall be paid on a prorata basis, but no allowance shall be made for a fraction of a month. New employees covered by the IBEW Utilities labor agreement who are required to wear full fire retardant (FR) clothing will be eligible for a one-time reimbursement up to One Thousand Two Hundred dollars ($1,200.00) to purchase or rent required uniforms. All other employees required to wear full FR clothing will be eligible for reimbursement up to Seven Hundred ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00). The non-union Grand Island Council Session - 1/28/2020 Page 109 / 518 ORDINANCE NO. 9756 (Cont.) - 13 - position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of Seven Hundred dollars ($700.00) in Years 1 and 2; in Year 3 eligible up to One Thousand dollars ($1,000.00) to purchase or rent required uniforms. Those employees who are required to wear partial fire retardant clothing will be eligible for an annual stipend of Three Hundred Fifty dollars ($350.00). Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Employees in the non-union Community Service Officer Part Time position shall be paid a prorated uniform allowance based on hours worked, not to exceed Twenty-five dollars ($25.00) per pay period. Full-time Community Services Officers shall be paid a uniform allowance at the rate of Twenty-five dollars ($25.00) per pay period. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of Four Hundred Eighty-four dollars and eight cents ($484.08) per year, divided into twenty-four (24) pay periods. Police Chief and Police Captains shall be paid a clothing allowance of Six hundred Fifty dollars ($650.00) per year, divided into twenty-six (26) pay periods. Non-union employees and employees covered by the AFSCME labor agreement, FOP labor agreement, IAFF labor agreement, IBEW Service/Clerical/Finance and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed One Thousand Five Hundred dollars ($1,500.00) for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of Ten Dollars ($10.00) if they are required to work two (2) hours overtime consecutively with their normal working hours during an emergency situation, and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Employees covered by the IBEW - Utilities labor agreement and the IBEW-Wastewater Grand Island Council Session - 1/28/2020 Page 110 / 518 ORDINANCE NO. 9756 (Cont.) - 14 - Treatment Plant labor agreement shall be allowed a meal allowance for actual cost, or up to Twelve dollars ($12.00) per meal, if they are required to work two (2) hours overtime consecutively with their normal working hours and if such overtime would normally interfere with and disrupt the employee’s normal meal schedule. Direct supervisors of employees who are covered by labor agreements which allow overtime meal allowance shall be entitled to the same meal allowance benefit. Non-exempt direct supervisors of employees who are covered by labor agreements which allow stand-by pay shall be entitled to the same stand-by pay benefit. Utilities Department personnel in the IBEW bargaining unit and the classifications of Meter Reader Supervisor, Power Plant Superintendent, Power Plant Supervisor, Electric Distribution Superintendent, Electric Distribution Supervisor, Water Superintendent, Water Supervisor, and Electric Underground Superintendent shall be eligible to participate in a voluntary uniform program providing an allowance up to Eighteen dollars ($18.00) per month. When protective clothing is required for personnel covered by the IBEW Utilities, the non-union position of Meter Reader – Part Time, and IBEW Wastewater Treatment Plant labor agreements and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay sixty percent (60%) of the actual cost of providing and cleaning said clothing and the employees forty percent (40%) of said cost. Full- time Fleet Services personnel shall receive a uniform allowance of Twelve Dollars ($12) biweekly. Public Works Department personnel in the job classifications of Fleet Services Shop Foreman and Fleet Services Mechanic shall receive a tool allowance of Thirty dollars ($30.00) biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: Grand Island Council Session - 1/28/2020 Page 111 / 518 ORDINANCE NO. 9756 (Cont.) - 15 - 1. (A) All employees covered in the IBEW Utilities labor agreement shall have a contribution to a VEBA made on their behalf for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed five hundred eighty-six and eighteen hundredths (586.18) hours [calculated at 53% x 1,106 hours], the rate of compensation to be based on the employee’s salary at the time of retirement or death. Employees covered in the IAFF labor agreement, with the exception of Life Safety Inspector, shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-eight percent (38%) of their accumulated medical leave at the time of their retirement, not to exceed six hundred five and thirty-four hundredths hours (605.34) [calculated at 38% x 1,593 hours]. The Life Safety Inspector shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty percent (50%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two (542) hours [calculated at 50% x 1,084 = 542]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Service/Clerical/Finance labor agreements shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement, not to exceed four-hundred sixty-eight and sixty-five-hundredths (468.65) hours [calculated at 35% x 1,339 hours]. Employees covered by the IBEW Wastewater labor agreement shall have a contribution to a VEBA made Grand Island Council Session - 1/28/2020 Page 112 / 518 ORDINANCE NO. 9756 (Cont.) - 16 - on their behalf in lieu of payment for thirty-six percent (36%) of their accumulated medical leave at the time of retirement, early retirement, or death, based on the employee’s salary at the time of retirement not to exceed four-hundred eighty-two and four-hundredths hours (482.04) [calculated at 36% x 1,339 hours]. Non-union employees shall have a contribution to a VEBA made on their behalf in lieu of payment for fifty-three percent (53%) of their accumulated medical leave at the time of their retirement, not to exceed five hundred eighty-six and eighteen-hundredths (586.18) hours [calculated at 53% x 1,106 hours]. The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the AFSCME labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for thirty-five percent (35%) of their accumulated medical leave bank at the time of their retirement, based on the employee’s salary at the time of retirement not to exceed four hundred sixty- eight and sixty-five hundredths hours (468.65) [calculated at 35% x 1,339 hours]. Employees covered under the FOP labor agreement shall be paid twenty percent (20%) for their accumulated medical leave at separation of employment after twenty (20) years of service; forty percent (40%) for their accumulated medical leave at separation of employment after twenty-five (25) years of service; fifty percent (50%) of accumulated medical leave for a death not occurring in the line of duty and one hundred percent (100%) of accumulated medical leave for a death occurring in the line of duty. The rate of compensation is based on the employee’s salary at the time of separation. Grand Island Council Session - 1/28/2020 Page 113 / 518 ORDINANCE NO. 9756 (Cont.) - 17 - The payout for medical leave shall be made to a VEBA made on their behalf in lieu of payment. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half (1/2) of their accumulated medical leave, not to exceed thirty (30) days of pay, upon their resignation, the rate of compensation to be based upon the salary at the time of termination. Compensation for unused medical leave at retirement shall be as provided for non-union employees. (C) The death of an employee shall be treated the same as retirement, and payment shall be made to the employee’s beneficiary or estate for one-half (1/2) of all unused medical leave for non-union employees and as defined in labor agreements for all other employees. SECTION 10. Non-union employees shall have a contribution made on their behalf to their VEBA account in the amount of Thirty dollars ($30.00) per pay period. Employees represented by the IBEW Utilities labor agreement, IBEW Service/Clerical/Finance labor agreement, IBEW Wastewater Treatment Plant labor agreement and the FOP labor agreement, shall have a contribution made on their behalf to their VEBA account in the amount of Twenty Dollars ($20.00) per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of Ten Dollars ($10.00) per pay period. SECTION 11. An employee, who is represented by the following labor agreements, shall annually receive longevity pay based upon the total length of service with the City. Such pay shall be effective beginning with the first full pay period following completion of the specified years of service. Payment shall be made on a prorated basis on each regular pay Grand Island Council Session - 1/28/2020 Page 114 / 518 ORDINANCE NO. 9756 (Cont.) - 18 - day. The following rate schedule shall apply for those employees who are represented by the FOP labor agreement: Five (5) years (beginning 6th year $ 350.00 Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 870.00 Twenty (20) years (beginning 21st year) $1,096.00 Twenty-five (25) years (beginning 26th year) $1,270.00 Those employees who are represented by the AFSCME labor agreement shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Those employees who are represented by the IBEW-Wastewater Treatment Plant and IBEW Service/Clerical/Finance labor agreements shall annually receive longevity pay as follows: Five (5) years (beginning 6th year) $ 226.00 Ten (10) years (beginning 11th year) $ 443.00 Fifteen (15) years (beginning 16th year) $ 624.00 Twenty (20) years (beginning 21st year) $ 796.00 Twenty-five (25) years (beginning 26th year) $ 994.00 Forty (40) years (beginning 41st year) $1,174.00 Those employees who are represented by the IAFF labor agreement shall annually receive longevity pay, beginning with the first full pay period in October 2019, as follows: Ten (10) years (beginning 11th year) $ 645.50 Fifteen (15) years (beginning 16th year) $ 830.50 Grand Island Council Session - 1/28/2020 Page 115 / 518 ORDINANCE NO. 9756 (Cont.) - 19 - Twenty (20) years (beginning 21st year) $1,032.50 Twenty-five (25) years (beginning 26th year) $1,247.50 SECTION 12. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 13. The adjustments identified herein shall be effective on the date of passage and publication in pamphlet form in one issue of the Grand Island Independent as provided by law effective January 15, 2020. SECTION 14. Those portions of Ordinance No. 9750 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: January 28, 2020. ___________ Roger G. Steele, Mayor Attest RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 116 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-3 #9757 - Consideration of Approving Benefits for Sidewalk District No. 1- 2019; 13th Street Staff Contact: John Collins PE - Public Works Director Grand Island Council Session - 1/28/2020 Page 117 / 518 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:January 28, 2020 Subject:Consideration of Determining Benefits for Sidewalk District No. 1- 2019; 13th Street Presenter(s):John Collins PE, Public Works Director Background The Certificate of Final Completion for Sidewalk District No. 1- 2019; 13th Street was approved by City Council on December 17, 2019, via Resolution No. 2019-370; with January 14, 2020 set as the date for Council to sit as the Board of Equalization. Carlos Guerrero Construction of Grand Island, Nebraska was hired to perform such work in the amount of $26,400.00. Work was completed at a price of $26,723.48; with additional costs of $5,139.47, all detailed below. Original Bid $ 26,400.00 Overruns $ 323.48 Sub Total (Construction Price) = $ 26,723.48 Additional Costs: Grand Island Public Works Engineering – Engineering & Design $ 5,139.47 Sub Total of Additional Costs = $ 5,139.47 TOTAL COST = $ 31,862.95 Total project cost is $31,862.95, all of which is assessable. The overrun was due to a thickened sidewalk crossing a driveway. All work has been completed and special assessments have been calculated for the improvements. Discussion The costs for this project will be assessed to the adjacent property. The payments are spread over seven (7) years at 7% simple interest. The first payment of principle only at 1/7th of the assessment is due 25 days after filing of the ordinance that levies the costs as approved at the Board of Equalization. The City has had multiple correspondences with Grand Island Council Session - 1/28/2020 Page 118 / 518 the property owners and sent a reminder letter advising them that the BOE is scheduled for January 14, 2020 and the first payment will be due shortly after. The Board of Equalization item #2020-BE-1 was approved at the January 14, 2020 City Council meeting. The Ordinance was postponed to the January 28, 2020 City Council meeting. 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 meet as the Board of Equalization to determine benefits and pass an ordinance to levy Special Assessments to the individual properties. Sample Motion Move to approve the ordinance levying the assessments for Sidewalk District No. 1- 2019; 13th Street. Grand Island Council Session - 1/28/2020 Page 119 / 518 SIDEWALK DISTRICT NO. 1 - 2019GRAND ISLAND, NEBRASKASIDEWALK DISTRICT BOUNDARY13TH STREETNORTH ROADLOT 1 - BLOCK 2NEUMANN 2ND SUBLOT 3HANOVER3RD SUBREDWOOD ROADDRIFTWOOD DRIVEMANSFIELD ROADCRAIG DRIVENORWOOD DRIVESWEETWOOD DRIVEGrand IslandCouncil Session - 1/28/2020Page 120 / 518 R E S O L U T I O N 2020-BE-1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, sitting as a Board of Equalization for Sidewalk District No. 1- 2019; 13` Street, after due notice having been given thereof, that we find and adjudge: That total project cost is $31,862.95, with benefits accruing to the real estate in such district to be the total sum of $31,862.95; and Such benefits are based on Sidewalk District No. 1- 2019; 13th Street at the adjacent property and are based on percentage of front footage; and According to the area of the respective lots, tracts, and real estate within such Sidewalk District No. 1- 2019; 13t" Street, such benefits are the sums set opposite the description as follows: Parcel Assessment No. Owner Lectal Description bv Frontage 400200394 I The Meadows LLC I Lot 3, Hanover Third Subdivision Adopted by the City Council of the City of Grand Island, Nebraska, January 14, 2020. Attest: Q. RaNae Edwards, City Clerk i, ' . _ Mayor 14,115.29 31, 862. 95 Approved as to Form tt January 13, 2020 tt City Attorney Grand Island Council Session - 1/28/2020 Page 121 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9757 An ordinance assessing and levying a special tax to pay the cost of Sidewalk District No. 1- 2019; 13th Street of the City of Grand Island, Nebraska; providing for the collection of such special tax; repealing any provisions of the Grand Island City Code, ordinances, and 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. There is hereby assessed upon the following described lots, tracts and parcels of land specially benefited, for the purpose of paying the cost of Sidewalk District No. 1- 2019; 13th Street, as adjudged by the Mayor and Council of the City, to the extent of benefits thereto by reason of such improvement, after due notice having been given thereof as provided by law; and a special tax for such cost of construction is hereby levied at one time upon such lots, tracts and land as follows: Parcel No.Owner Legal Description Assessment by Frontage 400200394 The Meadows Apartment Homes, LLC Lot 3, Hanover Third Subdivision $ 14,115.29 400437430 Hall County School District 2 Block 2, Lot 1 Neumann Second Subdivision $ 17,747.66 $ 31,862.95 SECTION 2. The special tax shall become delinquent as follows: One-seventh of the total amount shall become delinquent in twenty-five (25) days; one-seventh in one year; one- seventh in two years; one-seventh in three years; one-seventh in four years; one-seventh in five years; one-seventh in six years respectively, after the date of such levy; provided, however, the entire amount so assessed and levied against any lot, tract or parcel of land may be paid within twenty-five (25) days from the date of this levy without interest, and the lien of special tax Grand Island Council Session - 1/28/2020 Page 122 / 518 ORDINANCE NO. 9757 (Cont.) - 2 - thereby satisfied and released. Each of said installments, except the first, shall draw interest at the rate of seven percent (7.0%) per annum from the time of such levy until they shall become delinquent. After the same become delinquent, interest at the rate specified by Nebraska Revised Statutes Section 45-104.01, as such rate may from time to time be adjusted by the Legislature, shall be paid thereon until such installment is collected and paid. SECTION 3. The treasurer of the City of Grand Island, Nebraska is hereby directed to collect the amount of said taxes herein set forth as provided by law. SECTION 5. Any provision of the Grand Island City Code and any provision of any ordinance, or part of ordinance, in conflict herewith is hereby repealed. SECTION 6. 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: January 28, 2020 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 123 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-4 #9758 - Consideration of Amending Chapter 20 of the Grand Island City Code Relative to Tobacco Staff Contact: Stacy Nonhof, Interim City Attorney Grand Island Council Session - 1/28/2020 Page 124 / 518 Council Agenda Memo From:Stacy R. Nonhof, Interim City Attorney Meeting:January 28, 2020 Subject:Amending Chapter 20 of City Code to amend the age of Minor in Possession of Tobacco Presenter(s):Stacy R. Nonhof, Interim City Attorney Background President Trump recently changed the age from 18 to 21 to legally possess and purchase tobacco and tobacco products. Discussion This ordinance amends Chapter 20 of City Code, Minor in Possession of Tobacco to increase the age of legally possessing tobacco products, vapor products or alternative nicotine products in the City of Grand Island from 19 to 21. This ordinance make the City compliant with Federal Law on the age for legally possessing these products. 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 Ordinance amending Chapter 20 of City Code. Sample Motion Move to approve the Ordinance. Grand Island Council Session - 1/28/2020 Page 125 / 518 Approved as to Form ¤ ___________ January 23, 2020 ¤ City Attorney ORDINANCE NO. 9758 An ordinance to amend Chapter 20 of Grand Island City Code; to amend Section 20-20; Tobacco; Possession By Minors, to clarify and/or make general corrections to various code sections, 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. Section 20-20 of the Grand Island City Code is hereby amended to read as follows: §20-20. Tobacco; Possession By Minors (A) It shall be unlawful for any person under the age of nineteen (19) twenty-one (21) years to possess any tobacco products, vapor products or alternative nicotine products. (B) It shall not be unlawful for any person under the age of nineteen (19) twenty- one (21) years to: (1) Possess tobacco products, vapor products or alternative nicotine products under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home. (2) Sell or handle any unopened container of tobacco products, vapor products or alternative nicotine products in the course of his or her employment by a tobacco licensee; or (3) Possess or purchase tobacco products, vapor products or alternative nicotine products for the purpose of testing or enforcing compliance with statutes, laws or ordinances governing the sale of tobacco products, vapor products or alternative nicotine products as long as law enforcement is conducting the compliance check. (C) Any person violating the provisions of this section shall be fined according to the provisions of the Grand Island City Code. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. Grand Island Council Session - 1/28/2020 Page 126 / 518 ORDINANCE NO. 9758(Cont.) - 2 - SECTION 3. 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: January 28, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 127 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-5 #9759 - Consideration of Approving Zoning Change located South of 13th Street, East of Engleman Road from TA- Transitional Agricultural to R1- Suburban Residential (Lechner Family Partnership) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 128 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney ORDINANCE NO. 9759 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of the part of the NW ¼ of Section 14, Township 11 North, Range 10 West of the 6th P.M. in Hall County, Nebraska, from TA – Transitional Agriculture to R-1 Suburban Density Residential 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 January 8, 2020, 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 January 28, 2020 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 TA –Transitional Agriculture to R-1 Suburban Density Residential, A TRACT OF LAND CONSISTING OF THE NW ¼ OF SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M LESS AND EXCEPT THE NORTH ½ OF THE NW ¼ OF SECTION 14, TOWNSHIP 11 NORTH, RANGE 10 WEST OF THE 6TH P.M ALL IN HALL COUNTY NEBRASKA. SECTION 3. 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 - 1/28/2020 Page 129 / 518 ORDINANCE NO. 9759(Cont.) - 2 - SECTION 4. 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: January 28, 2020 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 130 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-6 #9760 - Consideration of Approving Zoning Change located North of Bismark Road, East of Cherry Street from CD- Commercial Development to RD- Residential Development and Commercial Development (GOSAN INC.) This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 131 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney ORDINANCE NO. 9760 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of the part Superbowl Subdivision in the City of Grand Island in Hall County, Nebraska, from CD-Commercial Development Zone to Amended CD – Commercial Development Zone and RD – Residential Development Zone 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 January 8, 2020, 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 January 28, 2020 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 CD-Commercial Development Zone to Amended CD – Commercial Development Zone and RD – Residential Development Zone; From CD Commercial Development to Amended CD Commercial Development Lot 1 of Nikodym Subdivision part of a replat of Superbowl Sudivision. From CD Commercial Development to RD Residential Development Zone Lots 2 and 3 of Nikodym Subdivision part of a replat of Superbowl Subdivison. Grand Island Council Session - 1/28/2020 Page 132 / 518 ORDINANCE NO. 9760 (Cont.) - 2 - SECTION 3. 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. SECTION 4. 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: January 28, 2020 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 133 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-7 #9761 - Consideration of Amending Chapter 36 of the Grand Island City Code Relative Wireless Communications Towers This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 134 / 518 Approved as to Form ¤ ___________ January 23, 2020 ¤ City Attorney ORDINANCE NO. 9761 An ordinance to amend Chapter 36 of the Grand Island City Code specifically, to amend Article XI Wireless Communication Tower Sections 36-168 to 36-187; to repeal any ordinance or parts of ordinances in conflict herewith; and to provide for publication in pamphlet form and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Sections 36-168 and 36-187 of the Grand Island City Code is hereby amended to read as follows: Article XI. Wireless Communication Macro Cell Towers §36-168. Purpose The Communications Act of 1934 as amended by the Telecommunications Act of 1996 (the Act) grants the Federal Communications Commission (FCC) exclusive jurisdiction over certain aspects of telecommunications services. This Article is intended to regulate macro cell towers, telecommunications facilities and antennas in the City in conformance with the Act without prohibiting or tendingintending to prohibit any person from providing wireless telecommunicationscommunications services. Telecommunications facilities, towers and antennas in the City, shall be constructed in a way to protect residential areas and land uses from potential adverse impact of installation of towers and antennas through careful design, siting, and camouflaging, to promote and encourage shared use/collocation of towers and other antenna support structures rather than the construction of additional single use towers, to avoid potential damage to property caused by towers, telecommunications facilities and antennas by ensuring such structures are soundly and carefully designed, constructed, modified, maintained, repaired and removed when no longer used or are determined to be structurally unsound and to ensure that towers and antennas are compatible with surrounding land uses. §36-169. Definitions As used in this Article, the following terms shall have the following meanings: Antenna means a device, designed and intended for transmittingcommunications equipment that transmits or receiving television,receives electromagnetic radio, or microwave frequency signals, direct satellite service (including direct-to-home satellite service), and/or video programming used in providing wireless services via multipoint distribution services.. Antenna Support Structure means any building or structure other than a tower which can be used for the location of telecommunications facilities. Applicant means any person that applies for a Tower Development Permit. Application means a process by which the owner of a tract of land within the zoning jurisdiction of the City submits a request to develop, construct, modify, or operate a tower upon such tract of land. The term application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the City concerning such request. Conforming Commercial Earth Station means a satellite dish which is two meters or less in diameter and is located in an area where commercial or industrial uses are generally permitted under this code. Engineer means any engineer qualified and licensed by any state or territorythe State of the United States of America. Nebraska. Grand Island Council Session - 1/28/2020 Page 135 / 518 ORDINANCE NO. 9761 (Cont.) Owner means any person owning personal property, or real property with fee simple title or a leasehold exceeding (ten) 10 years in duration to any tract of land within the zoning jurisdiction of the City who desires to develop, construct, modify, or operate a tower upon such tract of land. Person Any natural person, firm, means an individual, a corporation, a limited liability company, a partnership, an association, corporation, company, a trust, or any other legal entity, private or public, whether for profit or not for profitorganization. Satellite Dish Antenna means an antenna consisting of a radiation element intended for transmitting or receiving television, radio, microwave, or radiation signals and supported by a structure with or without a reflective component to the radiating dish, usually circular in shape. Stealth means any telecommunications facility, tower, or antenna which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements, and towers designed to look other than like a tower such as light poles, power poles and trees. Telecommunications Facilities means any cables, wires, lines, waive guides, antennas, or any other equipment or facilities associated with the transmission or reception of communications signals which a person seeks to locate or has installed upon or near a tower or antenna support structure. However, telecommunications facilities shall not include: (1) Any Conforming Commercial Earth Station antennasatellite dish two (2) meters in diameter or less which is located on real estate zoned AG, TA, RO, B1, B2, B3, M1, M2, M3 and ME. (2) Any earth station antenna or satellite dish antenna of one (1) meter or less in diameter, regardless of the zoning applicable to the location of the antennasatellite dish. Tower means a self-supporting lattice, guyed, or monopole structure which supports Telecommunications Facilities. The term Tower shall not include non-commercial amateur radio operators equipment as licensed by the FCC or a structure supporting an earth station antenna serving residential premises or dwelling units exclusively. Tower Development Permit means a permit issued by the City upon approval by the Mayor and City Council of an application to develop a tower within the zoning jurisdiction of the City; which permit shall continue in full force and effect for so long as the tower to which it applies conforms to this Article. Upon issuance, a Tower Development Permit shall be deemed to run with the land during the permit’s duration and may be transferred, conveyed and assigned by the applicant to assignsassignees and successors-in-interest. Tower Owner means any person with an ownership interest of any nature in a proposed or existing tower following the issuance of a Tower Development Permit. All terms in this Article which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Orders, Rules and Regulations of the Federal Communications Commission (FCC). §36-170. Location Of Towers and, Construction Standards and Collocation (A) Towers shall be permitted conditional uses of land in only those zoning districts where specifically listed and authorized in this code. (B) No person shall develop, construct, modify or operate a tower upon any tract of land within the zoning jurisdiction of the City prior to approval of its application for a Tower Development Permit by the Mayor and City Council and issuance of the permit by the City. Applicants shall submit their application for a Tower Development Permit to the Building Department in triplicate and shall pay a filing fee in accordance with the City of Grand Island Fee Schedule. (C) All towers, telecommunications facilities and antennas on which construction is commenced within the zoning jurisdiction of the City after February 1, 1998____________, 2020, shall conform to the Building Code and all other construction standards set forth in the City Code, federal and state law, and applicable American National Standards Institute (ANSI)Industry standards. Upon completion of construction of a tower and prior to the commencement of use, an engineer's certification that the tower is structurally sound and in conformance with all of the aforementioned applicable regulatory standards shall be filed with the Building Department. (D) It is the policy of the City to minimize the number of towers and to encourage the collocation of antennas of more than one wireless services provider on a single tower. §36-171. Application To Develop A Tower Prior to commencement of development or construction of a tower, an application shall be submitted in triplicate to the Building Department for a Tower Development Permit and shall include the following: Grand Island Council Session - 1/28/2020 Page 136 / 518 ORDINANCE NO. 9761 (Cont.) (A) The name, address and telephone number of the owner and if applicable, the lessee of the tract of land upon which the tower is to be located. Applicants shall include the owner of the tract of land and all persons having an ownership interest in the proposed tower. The application shall be executed by all applicants. (B) The legal description and address of the tract of land on which the tower is to be located. (C) The names, addresses and telephone numbers of all owners of other towers or useable antenna support structures within a one (1) mile radius of the location of the proposed tower, including publicly and privately owned towers or structures. (D) An affidavit attesting to the fact that the applicant has made diligent but unsuccessful efforts to obtain permission to install or collocate the applicant's telecommunications facilities on a tower or useable antenna support structure within a one (1) mile radius of the proposed tower location or written technical evidence from an engineer that the applicant's telecommunications facilities cannot be installed or collocated on another tower or useable antenna support structure within a one (1) mile radius of the proposed tower location. (E) Written technical evidence from an engineer that the proposed tower will meet the Building Code, all other construction standards set forth by the City Code and federal and state law and applicable ANSIIndustry standards. (F) Color photo simulations showing the proposed location of the tower with a photo- realistic representation of the proposed tower as it would appear viewed from the nearest residential zoned property and nearest roadway, street or highway. (G (G) A scaled site plan clearly indicating the location, type, height and width of the proposed tower, on-site land uses and zoning district, adjacent land uses and zoning districts (including when adjacent to other municipalities or the County), adjacent roadways, a depiction of all proposed transmission equipment, proposed means of access, setbacks from property lines, elevation drawings or renderings of the proposed tower and any other structures, topography, landscaping, fencing, and finished color, method of camouflage and illumination, parking, utility runs and other information deemed necessary to assess compliance with this Article. (H) A clear and complete written statement of purpose which shall minimally include: (a) a description of the objective to be achieved; (b) a to-scale map that identifies the proposed site location and the targeted service area to be benefited by the proposed project; and (c) full-color signal propagation maps with objective units of signal strength measurement that show the applicant’s current service coverage levels from all adjacent sites without the proposed site, predicted service coverage levels from all adjacent sites with the proposed site, and predicted service coverage levels from the proposed site without all adjacent sites. These materials shall be reviewed and signed by a Nebraska-licensed professional engineer. (I) Descriptions and diagrams of the proposed tower, telecommunications facilities and/or antenna antennas, manufacturer's literature, appurtenances such as buildings, driveway, parking area and fences or other security enclosures with sufficient detail to allow persons reviewing the application to understand the kind and nature of the proposed facility. (HJ) An application for a building permit pursuant to Chapter 8 of the City Code. §36-172. Tower Development Permit;, Procedure and Factors After receipt of an application for a Tower Development Permit, the City Clerk shall schedule a public hearing before the City Council to consider such application. Notice of such application shall be placed in a newspaper of general circulation in the City at least one (1) time ten (10) days prior to such hearing. In addition to the publication, the City Clerk shall cause a notice to be posted in a conspicuous place on the property on which action is pending. Such notice shall be not less than eighteen (18) inches in height and twenty four (24) inches in width with a white or yellow background and black letters not less than one and one-half (1½) inches in height. Such posted notice shall be so placed upon the premises so that it is easily visible from the street nearest the same and shall be so posted at least ten (10) days prior to the date of such hearing. It shall be unlawful for anyone to remove, mutilate, destroy, or change such posted notice prior to such hearing. Any person so doing shall be deemed guilty of a misdemeanor. The public hearing shall be held at which all interested parties shall be heard. The City Council may approve a Tower Development Permit as requested in the pending application with any conditions or safeguards it deems reasonable and appropriate based upon the application and/or input received at the public hearing or deny the application. In all zoning districts in which towers are a permitted conditional use of land, the Tower Development Permit shall be deemed a conditional use permit for said tract of land. §36-173. Preferred Tower Locations (A) All new towers are permitted only after application of the following siting priorities, ordered from most-preferred (1) to least-preferred (5): (1) manufacturing zones; (2) commercial zones; (3) other non-residential zoning districts; Grand Island Council Session - 1/28/2020 Page 137 / 518 ORDINANCE NO. 9761 (Cont.) (4) parcels of land in residential zoning districts; (5) designated historic districts. (B) The applicant for a tower shall address these preferences in an alternative sites analysis prepared pursuant to §36-174 below. §36-174. Alternative Sites Analysis (A) For a tower, the applicant must address the City’s preferred tower locations with a detailed explanation justifying why a site of higher priority was not selected. The City’s tower location preferences must be addressed in a clear and complete written alternative sites analysis that shows at least three (3) higher ranked, alternative sites considered that are in the geographic range of the service coverage objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate. (B) A complete alternative sites analysis provided under this subsection may include less than three (3) alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three (3) potentially available, higher ranked, alternative sites. (C) For purposes of disqualifying potential collocations or alternative sites for the failure to meet the applicant’s service coverage or capacity objectives the applicant will provide (a) a description of its objective, whether it be to address a deficiency in coverage or capacity; (b) detailed maps or other exhibits with clear and concise Radio Frequency (“RF”) data to illustrate that the objective is not met using the alternative (whether it be collocation or a more preferred location); and (c) a description of why the alternative (collocation or a more preferred location) does not meet the objective. §36-175. Setbacks and Separation or Buffer Requirements (A) All towers up to fifty (50) feet in height shall be set back on all sides a distance equal to the underlying setback requirement in the applicable zoning district. Towers in excess of fifty (50) feet in height shall be set back one additional foot for each foot of tower height in excess of fifty (50) feet, except where such setback is from property owned, controlled and/or maintained by the City of Grand Island and the City Council finds in granting the permit that reducing such additional setback will not cause harm to the intended use of the public property. The height of a tower shall be measured from the grade at the foot of the base pad to the top of any telecommunications facilities or antennas attached thereto. Setback requirements shall be measured from the base of the tower to the property line of the tract of land on which it is located. (B) Towers exceeding one hundred (100) feet in height may not be located in any residential zoned district and must be separated from all residential zoned land and occupied structures other than those utilized by the tower owner, by a minimum of two hundred (200) feet or one hundred percent (100%) of the height of the proposed tower, whichever is greater. (C) Towers of one hundred (100) feet or less in height may be located in residential zoned districts provided said tower is separated from any residential structure, school, church, and/or occupied structures other than those utilized by the tower owner, by a minimum of one hundred percent (100%) of the height of the proposed tower. (D) Towers must meet the following minimum separation requirements from other towers: (1) Monopole tower structures shall be separated from all other towers, whether monopole, self-supporting lattice, or guyed, by a minimum of seven hundred fifty (750) feet. (2) Self-supporting lattice or guyed towers shall be separated from all other self-supporting or guyed towers by a minimum of one thousand five hundred (1,500) feet. Amended by Ordinance No. 9222, effective 06-16-09 §36-174. Structural Standards for Towers Adopted The Structural Standards For Steel Antenna Towers And Antenna Supporting Structures, 1991 Edition (ANSI/EIA/TIA 222-E-1991) is hereby adopted, together with any amendments thereto as may be made from time to time, except such portions as are hereinafter deleted, modified, or amended by ordinance and set forth in this chapter of the City Code. §36-176. §36-175. Illumination and Security Fences (A) Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). In cases where there are residential zoned properties located within a distance of 300% of the height of the tower, any tower subject to this Article shall be equipped with dual mode lightinglighting that minimizes its effect on residential zoned properties. Grand Island Council Session - 1/28/2020 Page 138 / 518 ORDINANCE NO. 9761 (Cont.) (B) All self-supporting lattice or guyed towers shall be enclosed within a security fence or other structure designed to preclude unauthorized access. Monopole towers shall be designed and constructed in a manner which will preclude to the extent practical, unauthorized climbing of said structure. §36-176177. Exterior Finish , Notice, Signs and Visual Impact (A) Exterior Finish. Towers not requiring FAA painting or marking shall have an exterior finish which enhances compatibility with adjacent land uses, subject to review and approval by the City Council as part of the application approval process. All towers which must be approved as a conditional use shall be of stealth design unless stealth features are impractical or the cost of such features represents an undue burden on the applicant. (B) Notice. For purposes of this Article, any Tower Development Permit shall require notice to surrounding property owners located within two hundred (200) feet of the legal boundary of the real property where the tower is to be located. An applicant or its designee shall provide this list to the City. (C) Signs. No tower may bear any signage or advertisement(s) other than signage required by law or expressly permitted or required by the City. (D) Visual Impact. All towers are encouraged to be sited and designed to minimize adverse visual impacts on surrounding properties and the traveling public to the greatest extent reasonably possible, consistent with the proper functioning of the tower. §36-177178. Landscaping All tracts of land on which towers, antenna support structures, telecommunications facilities and/or antennas are located shall be subject to the landscaping requirements of the City Code. §36-178179. Maintenance, Repair or Modification of Existing Towers All towers constructed or under construction on February 1, 1998 may continue in existence as a non-conforming structure and may be maintained or repaired without complying with any of the requirements of this Article. Nonconforming structures or uses may not be enlarged or the degree of nonconformance increased without complying with this Article, including applying for and obtaining a Tower Development Permit. Any modification or reconstruction of a tower constructed or under construction onafter February 1, 1998, shall require compliance with the requirements of this Article including applying for and obtaining a Tower Development Permit. Said application shall describe and specify all items which do not comply with this Article and may request, subject to approval by the Mayor and City Council, an exemption from compliance as a condition of the Tower Development Permit. §36-179180. Inspections (A) The City reserves the right to conduct an inspection of towers, antenna support structures, telecommunications facilities and antennas upon reasonable notice to the tower owner or operator to determine compliance with this Article and to prevent structural and equipment failures and accidents which may cause damage, injuries or nuisances to the public. Inspections may be made to determine compliance with the Building Code and any other construction standards set forth in the City Code, federal and state law or applicable ANSIIndustry standards. (B) If, upon inspection, the City concludes that a tower, antenna support structure, telecommunications facilities or antennas fail to comply with codes or standards and constitute a danger to persons or property, then upon written notice being provided to the owner, the owner shall have sixty (60) days to bring such into compliance with the codes and standards. Failure to bring such into compliance within said sixty (60) days shall constitute grounds for removal at the owner’s expense. §36-180181. Maintenance The towers, antenna support structures, telecommunications facilities and antennas shall at all times be kept and maintained in good condition, order and repair so that the same doesdo not constitute a nuisance to or a danger to the life or property of any person or the public. §36-181182. Abandonment If any tower shall cease to be used for a period of three hundred sixty-five (365) consecutive days, the Building Department shall notify the tower owner that the site will be subject to a determination by the Building Department Director that the site has been abandoned. Upon issuance of a Notice to Show Cause by the Building Department Director, the Grand Island Council Session - 1/28/2020 Page 139 / 518 ORDINANCE NO. 9761 (Cont.) tower owner shall have thirty (30) days to show by a preponderance of the evidence that the tower has been in use or under repair during the period of apparent abandonment. In the event the tower owner fails to show that the tower has been in use or under repair during the relevant period, the Building Department Director shall issue a final determination of abandonment of the site and the tower owner shall have seventy five (75) days thereafter to dismantle and move the tower. In the event the tower is not dismantled and removed, the tower shall be declared a public nuisance by the Building Department Director, or his/her designee and a written request shall be directed to the City Attorney to proceed to abate said public nuisance pursuant to §20-15 of the Grand Island City Code, and charge the costs thereof against the real estate on which the tower is located or the owner of record of the said real estate. §36-183. Certificate of Completion, Compliance and Appearance (A) A certificate of completion will only be granted upon satisfactory evidence that the tower was installed in substantial compliance with the approved plans and photo simulations. (B) If it is found that the tower does not substantially comply with the approved plans and photo simulations, the applicant shall make any and all such changes required to bring the tower into compliance promptly. (C) The site and tower, including all landscaping, fencing and related transmission equipment must be maintained at all times in a neat and clean manner and in accordance with all approved plans. (D) All graffiti at a tower site must be removed at the sole expense of the permittee after notification by the City to the owner or operator of the tower. (E) If any FCC, State or other governmental license or any other governmental approval to provide communication services is ever revoked as to any tower site permitted or authorized by the City, the permittee must inform the City of the revocation within thirty (30) days of receiving notice of such revocation. §36-184182. Satellite Dish Antennas, Regulation Regulations After February 1, 1998, installation of satellite dish antennas shall be permitted within the zoning jurisdiction of the City of Grand Island only upon compliance with the following criteria: (A) In residential zoned districts, satellite dish antennas may not exceed a diameter of ten (10) feet. (B (A) Single family residences may not have more than one (1) satellite dish antenna. (CB) Multiple family residences with ten or less dwelling units may have no more than one (1) satellite dish antenna. . Multiple family residences with more than ten (10) dwelling units may have no more than two (2) satellite dish antennasdishes. (DC) In residential zoning districts, a satellite dish antennas shall not be installed in the required front yard setback area or side yard setback area. (ED) All satellite dish antennasdishes installed within the zoning jurisdiction of the City after February 1, 1998, shall be of a neutral color such as black, gray, brown, or such other color as will blend with the surrounding dominant color in order to camouflage the antennadish. §36-183185. Severability If any clause, section, or any other part of this Article shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Article shall not be affected thereby, but shall remain in full force and effect. §36-186. Conflicts These Macro Cell Towers regulations are in addition to other regulations in the City Code. In case of a conflict between regulations, the more restrictive shall apply. §36-184. Reserved §36-185. Reserved §36-186. Reserved §36-187. Reserved Grand Island Council Session - 1/28/2020 Page 140 / 518 ORDINANCE NO. 9761 (Cont.) SECTION 2. Sections 36-168 and 36-187 as existing prior to this amendment, and any ordinances or parts of ordinances in conflict herewith, are repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication in pamphlet form within 15 days according to law. Enacted: January 28, 2020 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 141 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-8 #9762 - Consideration of Amending Chapter 34 of the Grand Island City Code Relative to Small Cell Antenna’s in Public Right- of-Way Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 142 / 518 Council Agenda Memo From:City Staff (Public Works, Planning, Building, Administration, Utilities, Legal) Meeting:January 28, 2020 Subject:Proposed Changes to Chapter 34 Telecommunication and Public Transportation Presenter(s):Chad Nabity, AICP Planning Director Background Since late 2018 both the Federal Communications Commission (FCC) and the State of Nebraska have made changes to the rules and regulations for the placement of private small cell wireless technology in the public rights-of-way. City staff from multiple departments that work in or with the right-of-way and regulations have worked with Bob Duchen of River Oaks Communications out of Colorado Springs, Colorado to craft regulations that create a workable environment for Cellular companies wishing to operate in Grand Island while protecting the public use of the right-of-way. Discussion Both the FCC and the State of Nebraska have made it clear through the exercise of their regulatory powers that small wireless facilities are a priority. They have granted powers to these private companies to utilize the public right-of-way for commercial purpose. Staff from the City of Grand Island is recommending the attached amendments to Chapter 34 Telecommunication and Public Transportation to layout a framework and process for permitting small wireless facilities in the public right-of-way on both existing pole with an order of preference outlined by the City and on new poles that may be constructed in the right-of-way. A Small Wireless Facility is defined as: a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent structures; (2) each antenna associated with the deployment is no more than three cubic feet in volume; (3) all other equipment associated with the structure, whether ground- mounted or pole-mounted, is no more than twenty-eight cubic feet in volume; (4) the facilities do not require antenna structure registration under 47 C.F.R. part 17, as such regulation existed on January 1, 2019; (5) the facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and (6) the facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019. Grand Island Council Session - 1/28/2020 Page 143 / 518 Pictures of Small Wireless Facilities These facilities will fit on a typical light pole and we have permitted several of them throughout the city over the past two or three years. We are anticipating that there will be an increased demand for these facilities as cellular companies seek to densify their signal coverage and begin to introduce 5G technologies. Some estimates suggest that companies will need up to 110 antennas per square mile to achieve coverage that will permit 5G connectivity. The proposed regulations balance the federal and state requirements to allow these facilities within the public right-of-way and the management of that right-of-way by the City on behalf of the public. City staff has identified these as preferred pole locations: existing street lights, relocated street lights, replacement of street light (with a pole of dual functionality), and the following locations as permitted with additional site analysis provide by the applicant: new poles, electric distribution poles if they can meet the attachment requirements, traffic control signal poles. The attached ordinance will be inserted into Chapter 34 in sections that are currently reserved and the ordinance will be renumbered accordingly. 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 proposed changes as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 1/28/2020 Page 144 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney ORDINANCE NO.9762 An ordinance to amend Chapter 34 of Grand Island City Code; to amend Article II adding Sections 34-75 thru 34-87; to clarify and/or make general corrections to various code sections, 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: Article II. Wireless Communication Facilities §34-75. Purpose The provisions of this Article shall be known as the Wireless Communication Facilities regulations. It is the purpose of these provisions to delineate restrictions, development standards and siting criteria, and establish removal procedures in order to protect the City from the uncontrolled siting of wireless communication facilities in locations that have significant adverse effects and cause irreparable harm. It is further the purpose of these provisions: (A) To protect the community’s visual quality and safety while facilitating the reasonable and balanced provision of wireless communication services. More specifically, it is the City’s goal to minimize the visual impact of wireless communication facilities on the community, particularly in and near residential zoning districts and historic districts and landmarks; (B) To promote and protect the public health, safety and welfare, preserve the aesthetic character of the Grand Island community, and to reasonably regulate the development and operation of wireless communication facilities within the City to the extent permitted under state and federal law; (C) To minimize the impact of wireless communication facilities by establishing standards for siting design; (D) To preserve the opportunity for continued and growing service from the wireless industry; (E) To accommodate the growing consumer need and demand for wireless communication services; (F) To establish clear guidelines and standards and an orderly process for review intended to facilitate the deployment of wireless transmission equipment, to provide advanced communication services to the City, its residents, businesses and the community at large; (G) To ensure City zoning regulations are applied consistently with federal and state telecommunications laws, rules, regulations and controlling court decisions; (H) To provide regulations which are specifically not intended to, and shall not be interpreted or applied to, (1) prohibit or effectively prohibit the provision of wireless services, (2) unreasonably discriminate among functionally equivalent service providers, or Grand Island Council Session - 1/28/2020 Page 145 / 518 ORDINANCE NO.9762 (Cont.) - 2 - (3) regulate wireless communication facilities and wireless transmission equipment on the basis of the environmental effects of radio frequency emissions to the extent that such emissions comply with the standards established by the Federal Communications Commission; and (I) To incorporate the legislative findings and declarations in Nebraska Revised Statute 86-1202. §34-76. Definitions All terms in this Article which are not specifically defined herein shall be construed in accordance with the Communications Act of 1934, the Telecommunications Act of 1996 and the Orders, Rules and Regulations of the Federal Communications Commission. As used in this Article, the following terms shall have the meanings set forth below: Antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in providing wireless services. Antenna array means a single or group of antenna elements, not including small wireless facility antennas, and associated mounting hardware, transmission lines, remote radio units, or other appurtenances which share a common attachment device such as a mounting frame or mounting support structure for the sole purpose of transmitting or receiving wireless communication signals. Antenna support structure means any building or structure other than a tower which can be used for the location of wireless communication facilities. Applicable codes means uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes so long as such amendments are not in conflict with the Small Wireless Facilities Deployment Act and to the extent such codes have been adopted by the authority and are generally applicable in the jurisdiction. Applicant means any person who submits an application and is a wireless provider. Application means a written request submitted by an applicant to an authority (1) for a permit to collocate small wireless facilities on an existing utility pole or wireless support structure or (2) for a permit for approval for the installation, modification, or replacement of a utility pole to support the installation of a small wireless facility. Authority means the State of Nebraska or any agency, county, city, village, or other political subdivision thereof, except as otherwise excluded herein. Authority does not include public power suppliers, state courts having jurisdiction over an authority, or an entity that does not have zoning or permit-granting authority. Authority pole means a utility pole owned, managed, or operated by or on behalf of an authority. Collocate or collocation means to install, mount, maintain, modify, operate, or replace small wireless facilities on or adjacent to a wireless support structure or utility pole. Grand Island Council Session - 1/28/2020 Page 146 / 518 ORDINANCE NO.9762 (Cont.) - 3 - Collocate or collocation does not include the installation of a new utility pole or new wireless support structure in the right-of-way. Communications facility means the set of equipment and network components including wires, cables, and associated facilities used by a cable operator as defined in 47 U.S.C. 522(5), as such section existed on January 1, 2019, a telecommunications carrier as defined in 47 U.S.C. 153(51), as such section existed on January 1, 2019, a provider of information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, or a wireless services provider, to provide communications services, including cable service as defined in 47 U.S.C. 153(8), as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153(24), as such section existed on January 1, 2019, wireless services, or other one-way or two-way communications service. Communications network means a network used to provide communications service. Communications service means a cable service as defined in 47 U.S.C. 522, as such section existed on January 1, 2019, an information service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, a telecommunications service as defined in 47 U.S.C. 153, as such section existed on January 1, 2019, or a wireless service. Communications service provider means a cable operator as defined in 47 U.S.C. 522, a provider of information service as defined in 47 U.S.C. 153, or a telecommunications carrier as defined in 47 U.S.C. 153, as such sections existed on January 1, 2019. Communications service provider includes a wireless provider. Decorative pole means an authority pole that is specially designed and placed for aesthetic purposes. Distributed Antenna System or DAS means a network consisting of transceiver equipment at a central hub site to support multiple antenna locations throughout the desired coverage area. Electric distribution pole means a pole and wires that carry approximately 14,000 volts. Electric transmission pole means a pole and wires that carry 69,000 volts or more. FAA means the Federal Aviation Administration. FCC means the Federal Communications Commission. Fee means a one-time, nonrecurring charge. Historic district means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places, in accordance with Stipulation VI.D.1.a (i)-(v) of the Nationwide Programmatic Agreement for Review of Effects on Historic Properties for Certain Undertakings Approved by the Federal Communications Commission codified at 47 C.F.R. part 1, Appendix C, as such regulation existed on January 1, 2019, or designated pursuant to state historic preservation law if such designation exists at the time of application. Law means federal, state, or local law, statute, common law, code, rule, regulation, order, resolution or ordinance. Grand Island Council Session - 1/28/2020 Page 147 / 518 ORDINANCE NO.9762 (Cont.) - 4 - Macro cell means an antenna or antennas mounted on or in a tower, ground-based mast, rooftops or structures, at a height that provides coverage to the surrounding area, excluding small wireless facilities and distributed antenna systems. Microwireless facility means a small wireless facility that is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height and with any exterior antenna no longer than eleven inches. Permit means a written authorization required by an authority to perform an action, initiate, continue, or complete installation of a small wireless facility on an existing utility pole or attached to an existing wireless support structure, or to install, modify, or replace a utility pole to support installation of a small wireless facility. Person means an individual, a corporation, a limited liability company, a partnership, an association, a trust, or any other entity or organization, including an authority. Public power supplier means a public power district or any other governmental entity providing electric service. Public power supplier includes a municipal electric utility or a rural public power supplier. Rate means a recurring charge. Right-of-way means the area on, below, or above a public roadway, highway, street, sidewalk, alley, dedicated utility easement, or similar property, but not including a freeway as defined in section 39-1302, the National System of Interstate and Defense Highways, or a private easement. Rural public power supplier means a public power district, a public power and irrigation district, an electric cooperative, or an electric membership association, that does not provide electric service to any city of the metropolitan class, city of the primary class, or city of the first class. Small wireless facility means a wireless facility that meets each of the following conditions: (1) The facilities (a) are mounted on structures fifty feet or less in height including the antennas or (b) are mounted on structures no more than ten percent taller than other adjacent structures; (2) each antenna associated with the deployment is no more than three cubic feet in volume; (3) all other equipment associated with the structure, whether ground-mounted or pole-mounted, is no more than twenty-eight cubic feet in volume; (4) the facilities do not require antenna structure registration under 47 C.F.R. part 17, as such regulation existed on January 1, 2019; (5) the facilities are not located on tribal lands, as defined in 36 C.F.R. 800.16(x), as such regulation existed on January 1, 2019; and (6) the facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b), as such regulation existed on January 1, 2019. Street light means, for purposes of this Article, poles used or to be used for the City’s lighting in the right-of-way and City parks, and street lights in other areas as may be approved by the City. The term street lights includes non-standard street lights; however, the Grand Island Council Session - 1/28/2020 Page 148 / 518 ORDINANCE NO.9762 (Cont.) - 5 - term does not include traffic signal poles, electric transmission and distribution poles, or light poles for sports fields or arenas, stadium lighting or other lighting of any kind, and does not pertain to poles or other structures owned by others regardless of whether maintained by the City for lighting or any other purpose. Technically feasible means that by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility, or its design or site location, can be implemented without a reduction in the functionality of the small wireless facility. Traffic signal means a set of automatically operated colored lights, typically red, amber, and green, for controlling traffic at road intersections and crosswalks. Traffic control signals are devices placed along, beside, or above a roadway to guide, warn, and regulate the flow of traffic, which includes motor vehicles, motorcycles, bicycles, pedestrians and other road users. Transmission equipment means equipment that facilitates transmission for any FCC- licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, microwave dishes, coaxial or fiber-optic cable, and regular and backup power supplies. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. Utility pole means a pole located in the right-of-way that is used for wireline communications, lighting, the vertical portion of support structures for traffic control signals or devices or a similar function, or for the collocation of small wireless facilities and located in the right-of-way. Utility pole does not include (1) wireless support structures, (2) any transmission infrastructure owned or operated by a public power supplier or rural public power supplier, and (3) any distribution or communications infrastructure owned or operated by a rural public power supplier. Notwithstanding the mandatory inclusion of this definition by the Small Wireless Facilities Deployment Act, for purposes of this Article, the City strongly discourages the placement of small wireless facilities on the vertical portion of support structures for traffic control signals for public welfare and safety reasons. Utility support structure means utility poles or utility towers supporting electrical, telephone, cable or other similar facilities. Wireless Communication Facilities or WCF means equipment for the transmission or reception of radio frequency (RF) signals or other wireless communications or other signals for commercial communications purposes, typically consisting of a group of antennas, a tower or base station, transmission cables and other transmission equipment, backup power supplies, power transfer switches, cut-off switches, electric meters, coaxial cables, fiber optic cables, wires, telecommunications demarcation boxes and related materials and equipment and an equipment enclosure or cabinets including small wireless facilities. Grand Island Council Session - 1/28/2020 Page 149 / 518 ORDINANCE NO.9762 (Cont.) - 6 - Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (a) equipment associated with wireless communications and (b) radio transceivers, antennas, coaxial or fiber-optic cable, regular power supply, and small back-up battery, regardless of technological configuration. Wireless facility includes small wireless facilities. Wireless facility does not include (a) the structure or improvements on, under, or within the equipment which is collocated, (b) coaxial or fiber-optic cable that is between wireless structures or utility poles or that is otherwise not immediately adjacent to, or directly associated with, a particular antenna, or (c) a wireline backhaul facility. Wireless infrastructure provider means any person, including a person authorized to provide telecommunications service in the State of Nebraska, when acting to build or install wireless communication transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider. Wireless provider means a wireless services provider or a wireless infrastructure provider when acting as a coapplicant for a wireless services provider. Wireless services means any services using licensed or unlicensed spectrum, including the use of Wi-Fi, whether mobile or at a fixed location, provided to the public using wireless facilities. Wireless services provider means a person who provides wireless services. Wireless support structure means a structure such as a guyed or self-supporting tower, billboard, building, or other existing or proposed structure designed to support or capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. Wireless support structure does not include a utility pole. Wireline backhaul facility means an above-ground or underground facility used to transport communications services from a wireless facility to a communications network. §34-77. Applicability (A) Public Power Supplier Poles: A public power supplier shall not be required to allow the collocation of small wireless facilities on utility poles owned, operated, or managed by a public power supplier except pursuant to a negotiated pole attachment agreement containing reasonable and nondiscriminatory terms and conditions, including, but not limited to, applicable rates, and the permit, operational, and safety requirements of the public power supplier. The City is a public power supplier. (B) Annual Rate for Collocation on Public Power Supplier Poles: The annual pole attachment rate for the collocation of a small wireless facility supported by or installed on a utility pole owned, operated, or managed by a public power supplier shall be fair, reasonable, nondiscriminatory, cost-based, and set by the board of such public power supplier in accordance with section 70-655. Grand Island Council Session - 1/28/2020 Page 150 / 518 ORDINANCE NO.9762 (Cont.) - 7 - (C) All new antennas, DAS and small wireless facilities in all zoning districts shall be subject to these regulations. (D) A Tower Development Permit and Conditional Use Permit are required if a pole is to be located outside of the right-of-way. (E) New antenna arrays meeting the requirements of §34-81 are permitted outright. (F) DAS and small wireless facilities are permitted uses pursuant to §34-77(L). (G) Antennas attached to distribution poles and street light poles in the public right-of- way shall not extend more than ten (10) feet above the highest point of the pole structure and may be installed: 1) when permitted by the pole owner’s franchise; or 2) by amendment to the pole owner’s franchise or right-of way use easement and consent of the City upon payment of reasonable compensation for use of the right-of-way. (H) Preexisting antennas shall not be required to meet the requirements of this Article unless modified as described by this Article. (I) The following are exempt from this Article: (1) FCC licensed amateur (ham) radio facilities; (2) Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one (1) meter in diameter; (3) A WCF installed upon the declaration of a state of emergency by the federal, state or local government, or a written determination of public necessity by the City; except that such facility must comply with all federal and state requirements. The WCF shall be exempt from the provisions of this Article for up to one month after the duration of the state of emergency; (4) A temporary, commercial WCF installed for providing coverage of a special event such as news coverage or sporting event, subject to administrative approval by the City. The WCF shall be exempt from the provisions of this Article for up to two weeks before and one week after the duration of the special event; (5) Other temporary, commercial WCFs installed for a period of up to ninety (90) days, subject to the City’s discretion; provided that such temporary WCF will comply with applicable setbacks and height requirements; (6) Antennas attached to existing structures (such as commercial buildings, houses or apartments) for Internet purposes and uses, solely for occupants of the building, for which the antennas are attached as long as the height limitations of the zoning district are not exceeded and the antenna design is satisfactory to the City; and (7) Routine maintenance and repair of antennas and replacement of antennas so long as the replacement antennas are of similar design, size, type, height, weight and color. Applicable building permits may be required for antenna replacement. (J) Pole-Mounted Equipment: All pole-mounted transmission equipment shall be mounted as close as technically possible to the pole so as to reduce the overall visual profile to the maximum extent feasible subject to applicable safety codes. Grand Island Council Session - 1/28/2020 Page 151 / 518 ORDINANCE NO.9762 (Cont.) - 8 - (K) License or Agreement: For all WCFs to be located within the right-of-way, prior to submitting for a permit, the applicant must have a valid municipal agreement, license, franchise or exemption otherwise granted by applicable law. Prior to the installation or construction of a WCF within the right-of-way or a utility easement, the registrant or provider must notify all utilities located within such right-of-way regarding the use of the right-of-way or easement. (L) Subject to the other requirements of this Article, Distributed Antenna Systems and small cells in the right-of-way are subject to approval via permits and administrative review by the City Administrator for use outside of the right-of-way and the Public Works Department for use inside of the right-of-way unless their installation requires the construction of a new pole exceeding the maximum height limitation of the underlying zoning district. A permit is required for replacement utility support structures. (M) Use of Street Lights: For public safety and welfare considerations, the City strongly discourages wireless providers from placing small wireless facilities on any poles (street light, traffic signal or otherwise) located at an intersection having traffic control signals. Instead, the City encourages wireless providers to place small wireless facilities on street lights elsewhere in the right-of-way. The City also encourages wireless providers to place small wireless facilities on structures or buildings outside of the right-of-way rather than placing new poles in the right-of-way. (N) For public safety and welfare reasons, the City will not allow the placement of small wireless facilities on electric transmission poles. However, small wireless facilities may be placed on distribution poles subject to the other requirements of this Article. §34-78. Access to Right-of-Way (A) General Terms: (1) The term of an Agreement shall be for up to ten (10) years unless extended by mutual written agreement of the parties. (2) The Agreement authorizes the provider’s non-exclusive use of the right-of-way for the sole purpose of installing, maintaining and operating wireless communication facilities, including any pole built for the sole or primary purpose of supporting the wireless communication facilities to provide the services expressly authorized in the Agreement, subject to applicable laws, this Article and the terms and conditions of the Agreement. The Agreement authorizes use only of the right-of-way in which the City has an actual interest. It is not a warranty of title or interest in any right-of-way, and it does not confer on the provider any interest in any particular location or to a superior or preferred location within the right-of-way. All use of City poles or other structures in the right-of-way shall require payment of fees for such use. Grand Island Council Session - 1/28/2020 Page 152 / 518 ORDINANCE NO.9762 (Cont.) - 9 - (3) The provider shall, at its sole cost and expense, keep and maintain its wireless communication facilities and poles in the right-of-way in a safe condition, and in good order and repair. (4) In the event of an emergency regarding the provider’s small wireless facilities, or related poles, the provider shall immediately notify the City of the nature of the emergency and planned response to the emergency. (B) Permit Required: No person may construct, install or maintain in the right-of-way any wireless communication facilities or pole without first receiving a permit from the Public Works Department. (C) Application Requirements: The application shall be submitted by the provider or its duly authorized representative to the City Engineer. Applications shall contain the following: (1) The applicant’s name, address, telephone number, and email address, including emergency contact information for the applicant. (2) The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant or provider with respect to the filing of the application. (3) A description of the proposed work and wireless communication facility sufficient to demonstrate compliance with the provisions of this Article. (4) If applicable, a copy of the authorization from the owner of the pole, tower or support structure on or in which the wireless communication facility will be placed or attached. (5) Detailed construction drawings and photo simulations regarding the proposed wireless communication facility. (6) To the extent the proposed wireless communication facility involves collocation on a pole, tower or support structure, a structural report prepared by a Nebraska licensed professional engineer evidencing that the pole, tower or support structure will support the collocation (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes. (7) For any new above-ground wireless communication facilities, accurate visual depictions or representations, if not included in the construction drawings or photo simulations. (8) Any other submission requirements per published City policies or regulations. (D) Pole Attachment or Other Agreement: Prior to installing in the right-of-way any wireless communication facility, or any pole built for the sole or primary purpose of supporting a wireless communication facility, a person shall enter into a Pole Attachment or other agreement (“Agreement”) with the City expressly authorizing use of the right-of-way for the wireless communication facility or pole proposed to be installed. The Agreement shall provide for the attachment to City-owned poles or structures Grand Island Council Session - 1/28/2020 Page 153 / 518 ORDINANCE NO.9762 (Cont.) - 10 - in the right-of-way in addition to poles or structures owned by unrelated third parties, provided that the applicant secures the written consent of the third party for such attachment. §34-79. Preferred Pole Locations (A) All poles for supporting small wireless facilities in the right-of-way are permitted only after applying the following siting priorities, ordered from most-preferred (1) to least- preferred (6): (1) existing street lights; (2) relocated street lights; (3) replacement of street lights (with a pole of dual functionality) at the same location that can structurally support the Small Wireless Facilities; (4) new poles in the right-of-way specifically for Small Wireless Facilities; (5) electric distribution poles if they can meet the pole attachment agreement requirements; (6) traffic control signals but they must show why none of the other choices will work and ensure that the provider’s equipment will not interfere with the functionality of the traffic signals. (B) The applicant for a pole shall address preferences 4-6 in an alternative sites analysis prepared pursuant to §34-80 below. §34-80. Alternative Sites Analysis (A) For a pole other than 1-3 in §34-79, the applicant must address the City’s preferred locations with a detailed explanation justifying why a site of higher priority was not selected. The City’s location preferences must be addressed in a clear and complete written alternative sites analysis that shows at least three (3) higher ranked, alternative sites considered that are in the geographic range of the service coverage or capacity objectives of the applicant, together with a factually detailed and meaningful comparative analysis between each alternative candidate and the proposed site that explains the substantive reasons why the applicant rejected the alternative candidate. (B) A complete alternative sites analysis provided under this subsection may include less than three (3) alternative sites so long as the applicant provides a factually detailed written rationale for why it could not identify at least three (3) potentially available, higher ranked, alternative sites. (C) For purposes of disqualifying potential collocations or alternative sites for the failure to meet the applicant’s service coverage or capacity objectives the applicant will provide (a) a description of its objective, whether it be to address a deficiency in coverage or capacity; (b) detailed maps or other exhibits with clear and concise Radio Frequency (“RF”) data to illustrate that the objective is not met using the alternative (whether it be collocation or a Grand Island Council Session - 1/28/2020 Page 154 / 518 ORDINANCE NO.9762 (Cont.) - 11 - more preferred location); and (c) a description of why the alternative (collocation or a more preferred location) does not meet the objective. §34-81. Antenna Arrays Antenna arrays are permitted in any zoning district as long as they are located upon an existing structure, excluding single family and duplex properties, that provides sufficient elevation for the array’s operation without the necessity of constructing a tower or other apparatus to extend the antenna array more than ten feet (10’) above the structure. Installation on City property requires the execution of necessary agreements. §34-82. Accessory Uses, Equipment, Design, and Standards (A) Accessory Uses. (1) Accessory uses shall be limited to such structures and equipment that are necessary for transmission or reception functions, and shall not include broadcast studios, offices, vehicles or equipment storage, or other uses not essential to the transmission or reception functions. (2)All accessory buildings shall be constructed of building materials equal to or better than those of the primary building on the site and shall be subject to applicable permits. (B) Accessory Equipment. All accessory equipment located at the base of a WCF shall be located or placed (at the applicant’s choice) in an existing building, underground, or in an equipment shelter or cabinet that is (1) designed to blend in with existing surroundings, using architecturally compatible construction and colors; and (2) be located so as to be unobtrusive as possible consistent with the proper functioning of the WCF. (C) Site Design Flexibility. Individual WCF sites vary in the location of adjacent buildings, existing trees, topography and other local variables. By mandating certain design standards, there may result a project that could have been less intrusive if the location of the various elements of the project could have been placed in more appropriate locations within a given site. Therefore, the WCF and supporting equipment may be installed so as to best camouflage, disguise them, or conceal them, to make the WCF more closely compatible with and blend into the setting or host structure, upon approval by the City. (D) General Standards (1) Landscaping and Screening: Equipment shelters and cabinets and other on the ground ancillary equipment shall be screened with landscaping (except for those in the right-of-way) as required for the district in which they are located or with another design acceptable to the City. Alternatively, where technically feasible, the applicant shall incorporate the cabinet and other equipment into the base of a new pole (for example, for a small wireless facility) provided there is adequate space in the right-of- way and that ADA sidewalk accessibility requirements can be met. All provisions of Grand Island Council Session - 1/28/2020 Page 155 / 518 ORDINANCE NO.9762 (Cont.) - 12 - the ADA (including, but not limited to, clear space requirements) shall be met by the applicant. (2) New Poles: To the extent technically feasible, new poles must be designed to match the existing light fixtures and other poles, and they shall serve a dual purpose (for example, a new light fixture, flag pole or banner clips). (E) Radio Frequency (RF) Emissions Compliance Report. A written report will be prepared, signed and sealed by a Nebraska-licensed professional engineer which assesses whether the proposed WCF demonstrates compliance with the RF emissions limits established by the FCC. In no event shall any small wireless facilities, either individually or collectively with those of others, exceed the maximum permissible RF emission standards of the FCC. In the event the FCC’s maximum permissible RF standards are exceeded, the wireless provider shall immediately cease and desist the use of its equipment and facilities. §34-83. Independent Technical and Legal Review Although the City intends for City staff to review applications to the extent feasible, the City may retain the services of an independent technical expert and attorney of its choice to provide evaluations of permit applications for WCFs. The consultant shall have verifiable experience in the field of wireless communication facilities. The consultant’s review may include, but is not limited to (a) the accuracy and completeness of the items submitted with the application; (b) the applicability of analysis and techniques and methodologies proposed by the applicant; (c) the validity of conclusions reached by the applicant; and (d) whether the proposed WCF complies with the applicable approval criteria set forth in this Article. The applicant shall pay the reasonable cost for any independent consultant fees through a deposit, estimated by the City, within ten (10) days of the City’s request. When the City requests such payment, the application shall be deemed incomplete for purposes of application processing timelines until the deposit is received. In the event that such costs and fees do not exceed the deposit amount, the City shall refund any unused portion within thirty (30) days after the final permit is released or, if no final permit is released, within thirty (30) days after the City receives a written request from the applicant. If the costs and fees exceed the deposit amount, then the applicant shall pay the difference to the City before the permit is issued. The consultant shall provide an itemized description of the services and related fees and charges. §34-84. Indemnification Each permit issued for a WCF located on City property shall be deemed to have as a condition of the permit a requirement that the applicant, registrant and wireless provider defend, indemnify and hold harmless the City and its officers, agents, employees, volunteers, and contractors from any and all liability, damages, or charges (including attorneys’ fees and expenses) arising out of claims, suits, demands, actions or causes of action as a result of the Grand Island Council Session - 1/28/2020 Page 156 / 518 ORDINANCE NO.9762 (Cont.) - 13 - permit process, a granted permit, construction, erection, location, performance, operation, maintenance, repair, installation, replacement, removal, or restoration of the WCF. §34-85. FCC Shot Clock Requirements (A) Eligible Facilities Request. This Section implements Section 6409(a) of the Spectrum Act, 47 U.S.C. Section 1455(a), as interpreted by the FCC in its Report and Order No. 14-153 and Declaratory Ruling and Third Report and Order released September 27, 2018 which requires a state or local government to approve any Eligible Facilities Request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station. Eligible Facilities Requests shall be governed by the provisions of Federal law including, but not limited to, application review, the sixty (60) day shot clock, tolling and deemed granted remedy. (B) Collocation for other than Small Wireless Facilities. This Section implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153 and Declaratory Ruling and Third Report and Order released September 27, 2018 regarding collocation applications for other than small wireless facilities including, but not limited to, application review, the ninety (90) day shot clock and tolling. (C) New Macro Cell Tower. This Section implements, in part, 47 U.S.C. Section 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the FCC in its Report and Order No. 14-153 and Declaratory Ruling and Third Report and Order released September 27, 2018 regarding new macro cell tower applications including, but not limited to, application review, the one hundred fifty (150) day shot clock and tolling. (D) Small Wireless Facilities - Collocation on Existing Structures. This Section implements the shot clock procedures that are contained in the Declaratory Ruling and Third Report and Order released September 27, 2018, regarding the collocation of small wireless facilities on existing structures, including but not limited to application review, the sixty (60) day shot clock, resetting the sixty (60) day shot clock once the City timely sends a notice of an incomplete application and tolling. (E) Small Wireless Facilities - New Structure. This Section implements the shot clock procedures that are contained in the Declaratory Ruling and Third Report and Order released September 27, 2018, regarding the construction of small wireless facilities on a new structure, including but not limited to application review, the ninety (90) day shot clock, resetting the ninety (90) day shot clock once the City timely sends a notice of an incomplete application and tolling. Grand Island Council Session - 1/28/2020 Page 157 / 518 ORDINANCE NO.9762 (Cont.) - 14 - §34-86. Multiple Sites in One Application An applicant may propose no more than ten (10) sites in a consolidated application. The denial of a site in a consolidated application shall not affect the approval of any remaining sites. §34-87. Severability and Conflicts (A) If any section, subsection, sentence, clause, phrase or other portion of this Article, or its application to any person is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (B) These Wireless Communication Facilities regulations are in addition to other regulations in the City Code. In case of a conflict between regulations, the more restrictive shall control. SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 28, 2020 ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Approved as to Form ¤ ___________ January 23, 2020 ¤ City Attorney Grand Island Council Session - 1/28/2020 Page 158 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item F-9 #9763 - Consideration of Amendments to Chapter 30 of the Grand Island City Code Relative to Sewers and Sewage Disposal Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/28/2020 Page 159 / 518 Council Agenda Memo From:Jon Menough PE, Wastewater Plant Engineer Meeting:January 28, 2020 Subject:Consideration of Amendments to Chapter 30 of the Grand Island City Code Relative to Sewers and Sewage Disposal Presenter(s):John Collins PE, Public Works Director Background Proposed revisions to Chapter 30 of the City Code have been drafted for City Council consideration. The applicable section of the existing city code with markups is shown in this memo. A clean version of the proposed city code is attached as an ordinance. Discussion The previous revision of Chapter 30 was approved via Ordinance No. 9641 dated August 8, 2017, and due to several changes that have taken place further updates are necessary. The following items are addressed in the attachment and will allow for current and concise information within City Code Chapter 30. Addition of Total Nitrogen within the definition of Normal Strength Wastewater in Section 30-1 Updates within Sections 30-57 and 30-58 related to the changes in FY 2020 Fee Schedule; changing from Total Kjeldahl Nitrogen (TKN) to Total Nitrogen Revisions within Section 30-67 regarding Excessive Pollutant Penalty according to FY 2020 Fee Schedule 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 - 1/28/2020 Page 160 / 518 Recommendation City Administration recommends that the Council approve the changes to Chapter 30 of the City Code Sample Motion Move to approve the ordinance revising a code section in Chapter 30 of the Grand Island City Code. Grand Island Council Session - 1/28/2020 Page 161 / 518 CHAPTER 30 SEWERS AND SEWAGE DISPOSAL Article I. Generally §30-1. Definitions The definitions of certain words and phrases used in this chapter shall be as follows: Act shall mean the Clean Water Act of 1977 (PL 95-217), and any amendments thereto, as well as any guidelines, limitations, and standards promulgated by EPA, pursuant to the Act. Ammonia shall mean the chemical combination of hydrogen and nitrogen occurring in nature expressed as NH3, NH2, or any of its derivatives as contained in the wastewater flow. BOD (biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter by weight. BOD shall be determined by standard methods as hereinafter defined. Biodegradable Oils and Grease shall mean fats, oils, and greases of animal or vegetable origin contained in the wastewater flow. Building Sewer shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the lateral sewer. The building sewer shall extend two feet outside the building wall. Chloride shall mean the anion CL– (Negative Charge at top of CL) City shall mean the City of Grand Island, Nebraska. Compatible Wastes shall mean wastes containing pollutants for which the water pollution control plant was basically designed to treat and which are identified in the NPDES permit that is applicable to this treatment plant. Composite shall mean the makeup of a number of individual samples, so taken as to represent the nature of wastewater or industrial wastes. Constituents shall mean the combination of particles, chemicals, or conditions which exist in industrial wastes. Conductivity shall mean the measure of the ability of an aqueous solution to carry an electric charge Cooling Water shall mean the cleaned wastewaters discharged from any system of heat transfer such as condensation, air conditioning, cooling, or refrigeration. Department shall mean the City's Department of Public Works. Director shall mean the Director of the Department of Public Works or his or her authorized representative. EPA shall mean the United States Environmental Protection Agency. ICR shall mean industrial cost recovery. Industrial Plant shall mean any facility which discharges industrial wastes as defined in this ordinance. Industrial User shall mean: (A) any nongovernmental, nonresidential user of the City's treatment works which discharges more than the equivalent of 25,000 gallons per day of sanitary waste, or a volume of process waste, or combined process and sanitary waste, equivalent to 25,000 gallons per day of sanitary waste and which is identified in the Standard Industrial Classification Manual under Divisions A, B, D, E, and I; or (B) any nongovernmental user of the City's treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works. Industrial Wastes shall mean the liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes. Lateral Sewer shall mean the sanitary sewer that extends from the building sewer to the public sanitary sewer system. Major Contributing Industry shall mean an industrial user that: (A) has a flow of 50,000 gallons or more per average work day; or (B) has a waste strength greater than 5 percent of the plant design capacity; or (C) has in its waste a toxic pollutant in toxic amounts; or Grand Island Council Session - 1/28/2020 Page 162 / 518 (D) is found to have significant impact, either singly or in combination with other contributing industries, on the water pollution control plant, or upon the quality of the plant effluent. mg/L shall mean milligrams per liter. Natural Outlet shall mean any natural outlet extending to a water course, pond, or other body of surface or groundwater. Normal Strength Wastewater shall mean wastewater with pollutant strength values not exceeding the following: TKN.............................................................................................................. 30mg/L Biochemical Oxygen Demand...................................................................... 250 mg/L Hydrogen Sulfide.......................................................................................... 0mg/L Suspended Solids........................................................................................... 250 mg/L Biodegradable Oils and Grease..................................................................... 100 mg/L Chloride……………………………………………………………………. 230 mg/L Nitrate……………………………………………………………………… 25 mg/L Total Nitrogen……………………………………………………………..... 25 mg/L Where the nature of the wastewater does not permit BOD determination, COD shall be substituted according to the relation BOD = (K) (COD), where "K" is a constant to be determined by the Department. NPDES Permit shall mean the National Pollutant Discharge Elimination System Permit as established by the Act. All municipalities, industries, and commercial enterprises that discharge to surface watercourses are required to have NPDES permits approved by EPA and in Nebraska by the Department of Environmental Quality. Owner shall have the same meaning as Person defined in this section. Planning Area shall mean the Grand Island planning area as adopted by the Regional Planning Commission. Person or Owner shall mean any individual, firm, company, association, developer, corporation, or group. pH shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. Pollution shall mean the placing of any noxious or deleterious substance in any waters of the City in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or aquatic life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Pretreatment shall mean the application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharge into a sanitary sewer. Public Sewer shall mean the sanitary and/or storm sewers owned by the people of Grand Island and controlled and maintained by the Department of Public Works. Residential Strength Wastewater shall mean wastewater with pollutant strength values which average 250 mg/L of BOD and 250 mg/L of SS. Sanitary Sewer shall mean a sewer which carries sanitary wastewater and industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted. Sanitary Sewerage System shall mean all facilities for collecting, pumping, and transporting wastewater to the water pollution control plant. Sanitary Wastes or Wastewater shall mean the water carried wastes discharged from building sewers by reason of human occupancy. Shall is mandatory; May is permissive. Standard Methods shall mean those procedures or methods established by the latest edition of the "Standard Methods for the Examination of Water and Wastewater," as prepared, approved, and published jointly by the American Public Health Association and the American Water Works Association. Storm Sewer or Storm Drain shall mean a sewer which carries storm waters, surface runoff, street wash waters and drainage, but which excludes sanitary wastewater and industrial wastes, other than unpolluted cooling water. Suspended Solids (SS) shall mean solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are removable by laboratory filtering, expressed in milligrams per liter (mg/L). Total Kjeldahl Nitrogen (TKN) shall mean the sum of organic nitrogen, ammonia (NH3), and ammonium (NH4+) Total Sulfides shall mean the chemical combination of dissolved hydrogen sulfide gas (H2S); dissolved ionic sulfide in the form of HS- and S-2 and acid-soluble metallic sulfide present in suspended matter Toxic shall mean constituents of wastes which adversely affect the organisms involved in wastewater treatment. Unpolluted Water or Drainage shall mean water to which no pollutants have been added, either intentionally or accidentally. Wastewater Treatment Facility shall mean the wastewater treatment facility owned and operated by the City for the benefit of all persons located within the City's planning area. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. Grand Island Council Session - 1/28/2020 Page 163 / 518 Wastewater shall mean the liquid and water carried domestic or industrial wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's treatment works. Wastewater Treatment Works shall mean the sanitary sewers, pumping, and other equipment and their appurtenances, and other facilities which are an integral part of the wastewater collection and treatment processes and treatment residue disposal system. §30-57. Discharge Permit; Application Persons requiring a discharge permit shall complete and file with the Department an application in the form prescribed by the director and accompanied by applicable fees. Except as otherwise agreed in writing by the director, the applicant shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address, and Standard Industrial Classification (SIC) number of applicant. (2) Volume of waste to be discharged. (3) Waste constituents and characteristics including BOD, suspended solids, pH, biodegradable oils and grease, total sulfides, TKN, nitrates, ammonia, and total nitrogen, and any others required by the director. (4) Time and duration of discharge. (5) Average and thirty minute peak waste flow rates, including daily, weekly, monthly, and seasonal variations, if any. (6) Ground plan or plat sufficient to indicate locations of building sewers, building drains, process waste sewers, monitoring facilities and pretreatment facilities with respect to buildings, property lines, streets, public sewers, and industrial process facilities. (7) Description of plant activities, facilities, and processes, including all types of waste which are or could be discharged. (8) Each product produced by type, amount, and rate of production when required to determine compliance with pretreatment standards. (9) Number and type of employees, and hours of work. (10) Any other information the director may feel is necessary to evaluate the permit application. The Department will evaluate the data furnished and may require additional information. After evaluation of the data furnished, the director may issue a discharge permit subject to the terms and conditions of this ordinance. Wastewater constituents and characteristics shall not be recognized as confidential information. §30-58. Discharge Permit; Requirements Discharge permits may contain any or all of the following conditions and requirements: (1) The average and maximum waste pollutant concentrations permitted to be discharged into the sanitary sewers. (2) The maximum daily amounts of BOD, suspended solids, pH, biodegradable oils and grease, total sulfides, TKN, nitrates, ammonia, total nitrogen, chlorides, conductivity and any others required by the director, permitted to be discharged into the sanitary sewers. (3) Limits on rate and time of discharge and requirements on flow regulations and equalization. (4) Requirements for installation of inspection and sampling facilities. (5) Pretreatment requirements. (6) Specifications for monitoring programs which may include sampling locations, frequency and methods of sampling and the number, types, and standards for tests and reporting schedule. (7) Requirements for submission of technical reports or discharge reports. (8) Requirements for maintaining plant records relating to waste discharges as specified by the director and making the records available to the Department. (9) Additional requirements as may be determined by the director. §30-67. Excessive Pollutant Penalty If a person discharges amounts of permissible pollutants in excess of the amounts permitted in the discharge permit, as stated in §30-71, a charge for “Excessive Pollutant Penalty” in accordance with the City of Grand Island Fee Schedule, per day of violation shall be imposed and paid by the person discharging wastes in violation of the permit. Grand Island Council Session - 1/28/2020 Page 164 / 518 §30-71. Pollutants Subject to Surcharge The monthly amount of pollutants subject to the surcharge will be based on the average loading per plant operating day, times the number of operating days in the month the limits are exceeded. The pollutants limits that shall be subject to a surcharge are as follows: BOD………………………………………….........250 mg/L Suspended Solids or TSS…………………….........250 mg/L Fats, Oils, and Grease…………………….…..........100 mg/L Total Nitrogen (Organic & Inorganic)……………....25 mg/L Hydrogen Sulfide……………………………...………0 mg/L pH……………………………………………..less than 6 S.U. pH………………………………………….greater than 9 S.U. Grand Island Council Session - 1/28/2020 Page 165 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney ORDINANCE NO. 9763 An ordinance to amend Chapter 30 of the Grand Island City Code; to amend Section 30-1 Definitions; Section 30-57 Discharge Permit; Application; Section 30-58 Discharge Permit; Requirements; Section 30-67 Excessive Pollutant Penalty; Section 30-71 Pollutants Subject to Surcharge as now existing, and 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. Section 30 of the Grand Island City Code is hereby amended to read as follows: §30-1. Definitions The definitions of certain words and phrases used in this chapter shall be as follows: Act shall mean the Clean Water Act of 1977 (PL 95-217), and any amendments thereto, as well as any guidelines, limitations, and standards promulgated by EPA, pursuant to the Act. Ammonia shall mean the chemical combination of hydrogen and nitrogen occurring in nature expressed as NH3, NH2, or any of its derivatives as contained in the wastewater flow. BOD (biochemical oxygen demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter by weight. BOD shall be determined by standard methods as hereinafter defined. Biodegradable Oils and Grease shall mean fats, oils, and greases of animal or vegetable origin contained in the wastewater flow. Building Sewer shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of a building and conveys it to the lateral sewer. The building sewer shall extend two feet outside the building wall. Chloride shall mean the anion CL– (Negative Charge at top of CL) City shall mean the City of Grand Island, Nebraska. Compatible Wastes shall mean wastes containing pollutants for which the water pollution control plant was basically designed to treat and which are identified in the NPDES permit that is applicable to this treatment plant. Composite shall mean the makeup of a number of individual samples, so taken as to represent the nature of wastewater or industrial wastes. Constituents shall mean the combination of particles, chemicals, or conditions which exist in industrial wastes. Conductivity shall mean the measure of the ability of an aqueous solution to carry an electric charge Cooling Water shall mean the cleaned wastewaters discharged from any system of heat transfer such as condensation, air conditioning, cooling, or refrigeration. Department shall mean the City's Department of Public Works. Director shall mean the Director of the Department of Public Works or his or her authorized representative. EPA shall mean the United States Environmental Protection Agency. ICR shall mean industrial cost recovery. Industrial Plant shall mean any facility which discharges industrial wastes as defined in this ordinance. Industrial User shall mean: (A) any nongovernmental, nonresidential user of the City's treatment works which discharges more than the equivalent of 25,000 gallons per day of sanitary waste, or a volume of process waste, or combined process and sanitary waste, equivalent to 25,000 gallons per day of sanitary waste and which is identified in the Standard Industrial Classification Manual under Divisions A, B, D, E, and I; or (B) any nongovernmental user of the City's treatment works which discharges wastewater to the treatment works which contains toxic pollutants or poisonous solids, liquids, or gases in sufficient quantity either singly or Grand Island Council Session - 1/28/2020 Page 166 / 518 ORDINANCE NO. 9763 (Cont.) - 2 - by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in or have an adverse effect on the waters receiving any discharge from the treatment works. Industrial Wastes shall mean the liquid wastes resulting from the processes employed in industrial, manufacturing, trade or business establishments, as distinct from domestic wastes. Lateral Sewer shall mean the sanitary sewer that extends from the building sewer to the public sanitary sewer system. Major Contributing Industry shall mean an industrial user that: (A) has a flow of 50,000 gallons or more per average work day; or (B) has a waste strength greater than 5 percent of the plant design capacity; or (C) has in its waste a toxic pollutant in toxic amounts; or (D) is found to have significant impact, either singly or in combination with other contributing industries, on the water pollution control plant, or upon the quality of the plant effluent. mg/L shall mean milligrams per liter. Natural Outlet shall mean any natural outlet extending to a water course, pond, or other body of surface or groundwater. Normal Strength Wastewater shall mean wastewater with pollutant strength values not exceeding the following: TKN.............................................................................................................. 30mg/L Biochemical Oxygen Demand...................................................................... 250 mg/L Hydrogen Sulfide.......................................................................................... 0mg/L Suspended Solids........................................................................................... 250 mg/L Biodegradable Oils and Grease..................................................................... 100 mg/L Chloride……………………………………………………………………. 230 mg/L Nitrate……………………………………………………………………… 25 mg/L Total Nitrogen……………………………………………………………..... 25 mg/L Where the nature of the wastewater does not permit BOD determination, COD shall be substituted according to the relation BOD = (K) (COD), where "K" is a constant to be determined by the Department. NPDES Permit shall mean the National Pollutant Discharge Elimination System Permit as established by the Act. All municipalities, industries, and commercial enterprises that discharge to surface watercourses are required to have NPDES permits approved by EPA and in Nebraska by the Department of Environmental Quality. Owner shall have the same meaning as Person defined in this section. Planning Area shall mean the Grand Island planning area as adopted by the Regional Planning Commission. Person or Owner shall mean any individual, firm, company, association, developer, corporation, or group. pH shall mean the logarithm of the reciprocal of the concentration of hydrogen ions in grams per liter of solution. Pollution shall mean the placing of any noxious or deleterious substance in any waters of the City in quantities which are or may be potentially harmful or injurious to human health or welfare, animal or aquatic life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation. Pretreatment shall mean the application of physical, chemical and biological processes to reduce the amount of pollutants in or alter the nature of the pollutant properties in a wastewater prior to discharge into a sanitary sewer. Public Sewer shall mean the sanitary and/or storm sewers owned by the people of Grand Island and controlled and maintained by the Department of Public Works. Residential Strength Wastewater shall mean wastewater with pollutant strength values which average 250 mg/L of BOD and 250 mg/L of SS. Sanitary Sewer shall mean a sewer which carries sanitary wastewater and industrial wastes and to which storm, surface, and groundwaters are not intentionally admitted. Sanitary Sewerage System shall mean all facilities for collecting, pumping, and transporting wastewater to the water pollution control plant. Sanitary Wastes or Wastewater shall mean the water carried wastes discharged from building sewers by reason of human occupancy. Shall is mandatory; May is permissive. Grand Island Council Session - 1/28/2020 Page 167 / 518 ORDINANCE NO. 9763 (Cont.) - 3 - Standard Methods shall mean those procedures or methods established by the latest edition of the "Standard Methods for the Examination of Water and Wastewater," as prepared, approved, and published jointly by the American Public Health Association and the American Water Works Association. Storm Sewer or Storm Drain shall mean a sewer which carries storm waters, surface runoff, street wash waters and drainage, but which excludes sanitary wastewater and industrial wastes, other than unpolluted cooling water. Suspended Solids (SS) shall mean solids that either float on the surface of, or are in suspension in, water, wastewater, or other liquids, and which are removable by laboratory filtering, expressed in milligrams per liter (mg/L). Total Kjeldahl Nitrogen (TKN) shall mean the sum of organic nitrogen, ammonia (NH3), and ammonium (NH4+) Total Sulfides shall mean the chemical combination of dissolved hydrogen sulfide gas (H2S); dissolved ionic sulfide in the form of HS- and S-2 and acid-soluble metallic sulfide present in suspended matter Toxic shall mean constituents of wastes which adversely affect the organisms involved in wastewater treatment. Unpolluted Water or Drainage shall mean water to which no pollutants have been added, either intentionally or accidentally. Wastewater Treatment Facility shall mean the wastewater treatment facility owned and operated by the City for the benefit of all persons located within the City's planning area. Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently. Wastewater shall mean the liquid and water carried domestic or industrial wastes from dwellings, commercial buildings, industrial facilities, and institutions, together with any groundwater, surface water, and storm water that may be present, whether treated or untreated, which is discharged into or permitted to enter the City's treatment works. Wastewater Treatment Works shall mean the sanitary sewers, pumping, and other equipment and their appurtenances, and other facilities which are an integral part of the wastewater collection and treatment processes and treatment residue disposal system. §30-57. Discharge Permit; Application Persons requiring a discharge permit shall complete and file with the Department an application in the form prescribed by the director and accompanied by applicable fees. Except as otherwise agreed in writing by the director, the applicant shall submit, in units and terms appropriate for evaluation, the following information: (1) Name, address, and Standard Industrial Classification (SIC) number of applicant. (2) Volume of waste to be discharged. (3) Waste constituents and characteristics including BOD, suspended solids, pH, biodegradable oils and grease, total sulfides, TKN, nitrates, ammonia, and total nitrogen, and any others required by the director. (4) Time and duration of discharge. (5) Average and thirty minute peak waste flow rates, including daily, weekly, monthly, and seasonal variations, if any. (6) Ground plan or plat sufficient to indicate locations of building sewers, building drains, process waste sewers, monitoring facilities and pretreatment facilities with respect to buildings, property lines, streets, public sewers, and industrial process facilities. (7) Description of plant activities, facilities, and processes, including all types of waste which are or could be discharged. (8) Each product produced by type, amount, and rate of production when required to determine compliance with pretreatment standards. (9) Number and type of employees, and hours of work. (10) Any other information the director may feel is necessary to evaluate the permit application. The Department will evaluate the data furnished and may require additional information. After evaluation of the data furnished, the director may issue a discharge permit subject to the terms and conditions of this ordinance. Wastewater constituents and characteristics shall not be recognized as confidential information. §30-58. Discharge Permit; Requirements Discharge permits may contain any or all of the following conditions and requirements: (1) The average and maximum waste pollutant concentrations permitted to be discharged into the sanitary sewers. Grand Island Council Session - 1/28/2020 Page 168 / 518 ORDINANCE NO. 9763 (Cont.) - 4 - (2) The maximum daily amounts of BOD, suspended solids, pH, biodegradable oils and grease, total sulfides, TKN, nitrates, ammonia, total nitrogen, chlorides, conductivity and any others required by the director, permitted to be discharged into the sanitary sewers. (3) Limits on rate and time of discharge and requirements on flow regulations and equalization. (4) Requirements for installation of inspection and sampling facilities. (5) Pretreatment requirements. (6) Specifications for monitoring programs which may include sampling locations, frequency and methods of sampling and the number, types, and standards for tests and reporting schedule. (7) Requirements for submission of technical reports or discharge reports. (8) Requirements for maintaining plant records relating to waste discharges as specified by the director and making the records available to the Department. (9) Additional requirements as may be determined by the director. §30-67. Excessive Pollutant Penalty If a person discharges amounts of permissible pollutants in excess of the amounts permitted in the discharge permit, as stated in §30-71, a charge for “Excessive Pollutant Penalty” in accordance with the City of Grand Island Fee Schedule, per day of violation shall be imposed and paid by the person discharging wastes in violation of the permit. §30-71. Pollutants Subject to Surcharge The monthly amount of pollutants subject to the surcharge will be based on the average loading per plant operating day, times the number of operating days in the month the limits are exceeded. The pollutants limits that shall be subject to a surcharge are as follows: BOD………………………………………….........250 mg/L Suspended Solids or TSS…………………….........250 mg/L Fats, Oils, and Grease…………………….…..........100 mg/L Total Nitrogen (Organic & Inorganic)………...…....25 mg/L Hydrogen Sulfide……………………………......……0 mg/L pH……………………………………………..less than 6 S.U. pH………………………………………….greater than 9 S.U. SECTION 2. Section 30 is now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 28, 2020. ____________________________________ Roger G. Steele, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 169 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-1 Approving Minutes of January 14, 2020 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 1/28/2020 Page 170 / 518 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 14, 2020 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 January 14, 2020. Notice of the meeting was given in The Grand Island Independent on January 8, 2020. 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, Mitch Nickerson, and Chuck Haase. Councilmembers Justin Scott, Julie Hehnke, and Clay Schutz were 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 Nathan Frew, Abundant Life Christian Center, 3411 West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Brad Foster, Horticulturist with the Parks & Recreation Department for 35 Years of Service with the City of Grand Island. Mayor Steele and the City Council recognized Horticulturist Brad Foster with the Parks and Recreation Department for 35 years of service with the City of Grand Island. Parks & Recreation Director Todd McCoy thanked Mr. Foster for his service. Mr. Foster was present for the recognition. Recognition of Grand Island Wastewater Division Awards at Fall Conference. Mayor Steele and the City Council recognized the Grand Island Wastewater Division for receiving the Nebraska Water Environmental Association (NWEA) Scott Wilber Large Facility Best in Class Award during the 2019 American Public Works Association (APWA), Nebraska Water Environment Association (NWEA), and the American Water Works Association (AWWA) Fall Conference. BOARD OF EQUALIZATION: Motion by Haase, second by Minton to adjourn to the Board of Equalization. Motion adopted. #2020-BE-1 - Consideration of Determining Benefits for Sidewalk District No. 1- 2019; 13th Street. Public Works Director John Collins reported that Carlos Guerrero Construction of Grand Island, Nebraska was hired to perform such work in the amount of $26,400.00. Work was completed at a price of $31,862.95. The costs for this project will be assessed to the adjacent property. Staff recommended approval. Motion by Haase, second by Nickerson to approve Resolution #2020-BE-1. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 1/28/2020 Page 171 / 518 Page 2, City Council Regular Meeting, January 14, 2020 RETURN TO REGULAR SESSION: Motion by Paulick, second by Conley to return to Regular Session. Motion adopted. PUBLIC HEARINGS: Public Hearing on Acquisition of Utility Easement - 3563 Prairieview Street - Prairie Commons MOB, LLC. Utilities Director Tim Luchsinger reported that reported that acquisition of a utility easement located at 3536 Prairieview Street was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The Utilities Department would be installing a three-phase transformer and 4/0 underground cable to supply electrical power to the Medical Office Building located in the Northeast corner of 3563 Prairieview Street. The proposed easement tract would allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Staff recommended approval. No public testimony was heard. Public Hearing on Acquisition of Utility Easement - 1415 S. Webb Road - IIC Properties, LLC. Utilities Director Tim Luchsinger reported that reported that acquisition of a utility easement located at 1415 S. Webb Road was needed in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. The Utilities Department would be upgrading the overhead power line along the north side of Bachman Street. The overhead power line crosses through the Northwest corner of the Grantor’s property located at 1415 S. Webb Road. The proposed easement tract would allow the Utilities Department to install, access, operate and maintain the electrical infrastructure at this location. Staff recommended approval. No public testimony was heard. ORDINANCES: The following Ordinances were postponed to the January 28, 2020 City Council meeting. #9755 - Consideration of Creation of Sanitary Sewer District No. 544; Ellington Pointe and Westwood Park Subdivision #9756 - Consideration of Amending Salary Ordinance Relative of Meter Readers #9757 - Consideration of Approving Benefits for Sidewalk District No. 1- 2019; 13th Street #9758 - Consideration of Amending Chapter 20 of the Grand Island City Code Relative to Tobacco CONSENT AGENDA: Consent Agenda item G-18 (Resolution #2020-16) was pulled for further discussion. Motion by Stelk, second by Conley to approve the Consent Agenda excluding item G-18. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 17, 2019 City Council Regular Meeting. Approving Minutes of December 30, 2019 City Council Regular Meeting. #2020-1 - Approving Acquisition of Utility Easement - 3563 Prairieview Street - Prairie Commons MOB, LLC. Grand Island Council Session - 1/28/2020 Page 172 / 518 Page 3, City Council Regular Meeting, January 14, 2020 #2020-2 - Approving Acquisition of Utility Easement - 1415 S. Webb Road - IIC Properties, LLC. #2020-3 - Approving Purchase of Distribution Transformers from ERMCO, Inc.(Cahoon Sales) of Iowa City, Iowa and Border States Supply Company (Kriz Davis) of Grand Island, Nebraska. #2020-4 - Approving Bid Award - Substation Transformer from SPX Transformer Solutions, Inc. of Waukesha, Wisconsin in an Amount of $885,276.48. #2020-5 - Approving Bid Award - Cooling Tower Chemicals for Platte Generating Station with Water Engineering, Inc. of Mead, Nebraska in an Amount of $65,079.00. #2020-6 - Approving Certificate of Final Completion for Water Main Project 2018-W-10 - Custer Avenue from State Street to Capital Avenue with Van Kirk Brothers Contracting of Sutton, Nebraska. #2020-7 - Approving Certificate of Final Completion for Concrete Pad Upgrade; Project No. 2019-WWTP-4 with Carlos Guerrero Construction of Grand Island, Nebraska. #2020-8 - Approving the Certificate of Compliance with the Nebraska Department of Transportation for Maintenance Agreement No. 12; Calendar Year 2019 with the State of Nebraska Department of Transportation. #2020-9 - Approving Change Order No. 5 for Lift Station No. 11 Relocation– 2018; Project No. 2018-S-1 with Midlands Contracting, Inc. of Kearney, Nebraska for an Increase of $680.18 and a Revised Contract Amount of $1,641,468.63. #2020-10 - Approving Certificate of Final Completion for Cell 3 Liner and Leachate System at the Grand Island Regional Landfill with Van Kirk Bros. Contracting of Sutton, Nebraska. #2020-11 - Approving Certificate of Final Completion for Sugar Beet Ditch Drainage; Project No. 2019-D-1 with Starostka Group Unlimited, Inc. of Grand Island, Nebraska. #2020-12 - Approving Authorization for Emergency Sanitary Sewer Repair at Anna Street and Elm Street with Starostka Group Unlimited, Inc. of Grand Island, Nebraska in an Amount of $47,959.00. #2020-13 - Approving Amendment No. 1 for 2019 Signal Timing Project with Iteris, Inc. of Lincoln, Nebraska for an Increase of $10,085.00 and a Revised Agreement Amount of $87,431.91. #2020-14 - Approving Change Order No. 2 for Downtown Sanitary Sewer Rehabilitation- 2019; Project No. 2019-S-1 with Municipal Pipe Tool Co., Inc. of Hudson, Iowa for an Increase of $47,341.00 and a Revised Contract Amount of $701,040.00. Grand Island Council Session - 1/28/2020 Page 173 / 518 Page 4, City Council Regular Meeting, January 14, 2020 #2020-15 - Approving Purchase of One (1) 2021 Model 389 Peterbilt Truck for the Wastewater Division of the Public Works Department from Nebraska Peterbilt of Grand Island, Nebraska in an Amount of $171,779.00. #2020-16 - Approving Request from Building Department to Procure Legal Services to Obtain Court Order for Abatement of Identified Public Nuisance at 582 East 19th Street with Mayer, Burns, & Koenig of Grand Island, Nebraska for an Amount not to exceed $2,000.00. Building Department Director Craig Lewis answered questions regarding Problem Resolution Team properties and if this contract could be for one year. Motion by Haase, second by Paulick to approve Resolution #2020-16. Upon roll call vote, all voted aye. Motion adopted. PAYMENT OF CLAIMS: Motion by Minton, second by Paulick to approve the payment of claims for the period of December 31, 2019 through January 14, 2020 for a total amount of $3,484,350.54. Upon roll call vote, all voted aye. Motion adopted. ADJOURNMENT: The meeting was adjourned at 7:23 p.m. RaNae Edwards City Clerk Grand Island Council Session - 1/28/2020 Page 174 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-2 #2020-17 - Approving on Request from Dani Enterprises, Inc. dba Sluggers, 707 West Anna Street for a Class “C” Liquor License and Liquor Manager Designation for Danielle Schaeffer, 1740 Idlewood Lane This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 1/28/2020 Page 175 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-17 WHEREAS, an application was filed by Dani Enterprises, Inc. doing business as Sluggers, 707 West Anna Street for a Class "C" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on January 18, 2020; such publication cost being $17.25; and WHEREAS, a public hearing was held on January 28, 2020 for the purpose of discussing such liquor license application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: ____The City of Grand Island hereby recommends approval of the above- identified liquor license application contingent upon final inspections. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license application with the following stipulations: __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license application for the following reasons:_________ __________________________________________________________ ____The City of Grand Island hereby recommends approval of Danielle Schaeffer, 1740 Idlewood Lane, Grand Island, Nebraska as liquor manager of such business. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 176 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-3 #2020-18 - Approving Bid Award - Burdick Generating Station Water Treatment Demineralizer System Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/28/2020 Page 177 / 518 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting:January 28, 2020 Subject:Burdick Generating Station Water Treatment Demineralizer System Presenter(s):Timothy G. Luchsinger, Utilities Director Background The Burdick Generating Station has two 40-megawatt combustion turbines that require treated water for NOx control when using #2 fuel oil. The existing water treatment system is in the steam unit building, which is scheduled for demolition. The existing system was installed in 1970 and had been used to supply treated water to the combustion turbines. Engineering staff developed a specification for the new water treatment system after evaluating the cost of renting a treatment system compared to owning a water treatment system. The new water treatment system will be mounted on a trailer, by maintenance staff, to allow for use at Burdick Generating Station, and be available to Platte Generating Station in an emergency. Discussion A Request for Bid was advertised and sent to three potential bidders. Two bids were received and opened on January 7th, 2020. The engineer’s estimate for this project was $150,000.00. Bidder Bid Price with tax Consolidated Water Option 1 Omaha, Nebraska $104,516.88 Adjusted for larger demineralizer $116,358.00 Consolidated Water Option 2 Omaha, Nebraska $126,715.63 Eco-tec Pickering, OT, Canada $625,412.43 Grand Island Council Session - 1/28/2020 Page 178 / 518 Consolidated Water provided two Options. Option 1 included a smaller than specified demineralizer. Option 2 has the specified demineralizer and that cost was corrected in Option 1 to give the adjusted price with tax. 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 presented in this motion Recommendation City Administration recommends that the Council award the bid for Burdick Generating Station Water Treatment Demineralizer System to Consolidated Water of Omaha, Nebraska as the lowest compliant bid, with the bid price of $116,358.00. Sample Motion Move to approve the bid from Consolidated Water of Omaha, Nebraska for the Burdick Generating Station Water Treatment Demineralizer System in the amount of $116,358.00. Grand Island Council Session - 1/28/2020 Page 179 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 7, 2020 at 2:00 p.m. FOR: Burdick Generating Station Water Treatment Demineralizer System DEPARTMENT: Utilities ESTIMATE: $150,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: December 12, 2019 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Consolidated Water Solutions Eco-Tec, Inc. Omaha, NE Pickering, Canada Bid Security: Cashier Check Cashier Check Exceptions: None Noted Bid Price: Option 1 Material: $88,750.00 $581,779.00 (includes material and labor) Labor: $ 8,475.00 Sales Tax: $ 7,291.88 $43,633.43 Total Bid: $104,516.88 $625,412.43 Bid Price: Option 2 Material: $99,185.00 Labor: $ 8,475.00 Sales Tax: $ 8,074.50 Total Bid: $115.734.50 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Lynn Mayhew, Assist. Utilities Director Karen Nagel, Utility Secretary P2170 Grand Island Council Session - 1/28/2020 Page 180 / 518 Working Together for a Better Tomorrow. Today. BID SPECIFICATION PACKAGE for BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM C 128643 Bid Opening Date/Time Tuesday, January 7, 2020 at 2:00 p.m. (local time) City of Grand Island, City Hall 100 East 1st Street, P.O. Box 1968 Grand Island, NE 68802-1968 Contact Information Lynn Mayhew City of Grand Island – Utilities Department Platte Generating Station 308/385-5496 Date issued: December 11, 2019 Grand Island Council Session - 1/28/2020 Page 181 / 518 ADVERTISEMENT TO BIDDERS FOR WATER TREATMENT DEMINERALIZER SYSTEM FOR CITY OF GRAND ISLAND, NEBRASKA Sealed bids for Burdick Generating Station Water Treatment Demineralizer System will be received at the office of the City Clerk, 100 E. First Street, P.O. Box 1968, Grand Island, Nebraska 68802, until Tuesday, January 7, 2020 at 2:00 p.m. local time, FOB the City of Grand Island, freight prepaid. Bids will be publicly opened at this time in the Grand Island City Hall City Clerk’s Office located on 1st floor of City Hall. Submit an original and three copies if submitting by mail. Bid package and any Addendas are also available on-line at www.grand-island.com under Business-Bids and Request for Proposals-Bid Calendar under the bid opening date. Bidding documents, plans and specifications for use in preparing bids may be downloaded from the QuestCDN website www.QuestCDN.com for a fee. Submitting through QuestCDN requires one original document of the bid to be uploaded. Bids received after the specified time will not be considered. The successful bidder will be required to comply with fair labor standards as required by Nebraska R.R.S.73-102 and comply with Nebraska R.R.S. 48-657 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. Successful bidder shall maintain a drug free workplace policy. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Each bidder shall submit with the bid a certified check, a cashiers check, or bid bond payable to the City of Grand Island in an amount no less than five percent (5%) of the bid price which shall guarantee good faith on the part of the bidder and the entering into a contract within fifteen (15) days at the bid price if accepted by the City. Your certified check, cashiers check or bid bond must be submitted in a separate envelope attached to the outside of the envelope containing the bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information and correct number of copies in clearly marked and separate envelopes will result in your bid not being opened or considered. Only surety companies authorized to do business in the State of Nebraska may issue bid bonds. Bids will be evaluated by the Purchaser based on price, schedule, quality, adherence to schedule, plan and specifications, economy and efficiency of operation, experience and reputation of the bidder, ability, capacity, and skill of the bidder to perform contract required and adaptability of the particular items to the specific use intended. The Purchaser reserves the right to reject any or all bids, to waive irregularities therein, and to accept whichever bid that may be in the best interest of the City, at its sole discretion. No bidder may withdraw his/her bid for a period of thirty (30) days after date of bid opening. RaNae Edwards, City Clerk Advertised C128643 Page 2 of 26 Grand Island Council Session - 1/28/2020 Page 182 / 518 (All bids must be submitted on this form) BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM BID DATA FORM CITY OF GRAND ISLAND GRAND ISLAND, NE The undersigned Bidder, having examined all specifications and other bidding documents, and all addenda thereto, and being acquainted with and fully understanding all conditions relative to the specified materials and equipment, hereby proposes to provide equipment, shipping, start up assistance and training for a water treatment system for the Burdick Generating Station FOB the City of Grand Island, freight prepaid, at the following price: ITEM DESCRIPTION EXTENDED COST Base Bid: Material $ ___________________________ Labor $ ___________________________ Applicable Sales tax* $ ___________________________ Total Base Bid $ ___________________________ * If bidder fails to include sales tax in their bid price or takes exception to including sales tax in their bid price, the City will add a 7.5% figure to the bid price for evaluation purposes; however, the City will only pay actual sales tax due. Exceptions Noted - Bidder acknowledges there are Exceptions and/or Clarifications noted to the above bid, and those exceptions are fully explained on a separate sheet, clearly marked, and included with the Bid. ___________________________________________________________________________________ Bidder Company Name Date ___________________________________________________________________________________ Company Address City State Zip ___________________________________________________________________________________Print Name of Person Completing Bid Signature Email:_______________________________________ Telephone No.___________________________ According to Nebraska Sales and Use Tax Requirements, Section 1-017, Contractors, check which option you have selected to file with the Nebraska Department of Revenue: Nebraska law provides a sales and use tax exemption on contractor labor charges for the construction, repair, or annexation of any structure used for the generation, transmission, or distribution of electricity. Separately stated contractor labor would be exempt, all materials are taxable according to the contractor's option. Option 1 (Section 1-017.05)_____ Option 2 (Section 1-017.06)_____ Option 3 (Section 1-017.07)_____ If the Nebraska sales and use tax election is not filed or noted above, the contractor will be treated as a retailer under Option 1 for sales and use tax purposes. By checking this box, Bidder acknowledges the specified completion date of the project is June 1, 2020. C128643 Page 3 of 26 Grand Island Council Session - 1/28/2020 Page 183 / 518 By checking this box, Bidder acknowledges that Addenda Number(s) ______ were received and considered in Bid preparation. Note: If Bidder supplies individual unit pricing information as supplemental pricing to the base material and labor cost above, said individual pricing is proprietary information and should not be released under a public records request. The total base bid is not considered proprietary information and will be released pursuant to City Procurement Code. C128643 Page 4 of 26 Grand Island Council Session - 1/28/2020 Page 184 / 518 CHECKLIST FOR BID SUBMISSION FOR BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM Bids must be received by the City Clerk before 2:00 p.m. on Tuesday, January 7, 2020. The following items must be completed for your bid to be considered.  Submittal of bid documents:  Option 1 – Mailing: A signed original and three (3) copies of the bidding documents. Failure to submit the correct number of copies may result in your bid not being considered.  Note: Your certified check, cashiers check or bid bond should be clearly marked in a separate envelope attached to the signed original bid.  Option 2 – QuestCDN (online): Purchase the bid specification through QuestCDN. Upload the signed original of the Bid Data Form, along with any supporting material required to meet the bid specification through QuestCDN. Upload your bid bond online through QuestCDN. Bidders using Certified check or Cashiers’ Check must mail said check to the office of the City Clerk no later than the scheduled bid opening date and time and clearly marked with the project name.  Bidders must complete and sign the Bid Data Form provided in these Documents. All blank spaces must be filled in. Bidders shall acknowledge receipt of any Addenda information on the Bid Data Form.  Selection of Nebraska Sales Tax Option. If the Nebraska sales and use tax election is not filed or noted above, the Contractor will be treated as a retailed under Option 1 for sales and use tax purposes.  A reference list of at least three (3) projects of similar scope and complexity.  Firm lump sum pricing; firm unit pricing in case adjustments are necessary, and breakout of sales tax pricing.  Firm unit pricing for temporary water treatment based on 1000 treated gallons, if unable to utilize new equipment for water production in a temporary location.  A proposed delivery schedule.  Details of the proposed warranty.  Chemical and power consumption for new system.  Dimensional layout required for equipment  Any exceptions to the specification or Owner’s Contract Document.  Acknowledgment of Addenda Number(s) . Please check off each item as completed to ensure compliance. If you have any questions, please feel free to contact our office prior to the bid opening date/time. C128643 Page 5 of 26 Grand Island Council Session - 1/28/2020 Page 185 / 518 INSTRUCTIONS TO BIDDERS 1. GENERAL INFORMATION. The following instructions outline the procedure for preparing and submitting Bids. Bidders must fulfill all requirements as specified in these Documents. 2. TYPE OF BID. Bidders shall be required to submit prices for all items listed in the Bid Data Form. 3. PREPARATION OF BIDS. Bidders shall use only the Bid Data Form provided in these Documents. All blank spaces in the Bid Data Form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes to the wording or content of the forms is permitted. Written amounts shall govern in case of discrepancy between the amounts stated in writing and the amounts stated in figures. Prices stated shall be f.o.b. with freight and full insurance paid by Bidder, to the job site located in Grand Island, Nebraska. The Bidder shall acknowledge receipt of all Addenda in the Bid Data Form. Bids received without acknowledgement or without the Addendum enclosed will be considered informal. Individual unit pricing as listed on the Bid Data Form or supplied as supplemental information may be deemed proprietary information and not be released under a public records request. The total amount of the bid is not considered proprietary information and will be released pursuant to City Procurement Code. 4. SUBMISSION OF BIDS. All Bids must be submitted intact with the correct number of copies no later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Data Form provided herein. Each Bid mailed must be submitted intact in a sealed envelope, so marked as to indicate its contents without being opened, and delivered in person or addressed and mailed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. 5. BID SECURITY. Bids must be accompanied by cash, a certified check, or cashier’s check drawn on a bank which is insured by the Federal Deposit Insurance Corporation, or a bid bond issued by a Surety authorized to issue such bonds in the state where the Work is located, in the amount of 5 percent of the bid amount payable to OWNER. This bid security shall be given as a guarantee that the Bidder will not withdraw their Bid for a period of thirty (30) days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond, each in the full amount of the Contract price, within the time specified. C128643 Page 6 of 26 Grand Island Council Session - 1/28/2020 Page 186 / 518 The Attorney-in-Fact that executes this bond on behalf of the Surety must attach a notarized copy of his/her power of attorney as evidence of his/her authority to bind the Surety on the date of execution of the bond. Where State Statue requires, certification by a resident agent shall also be provided. 6. RETURN OF BID SECURITY. Within fifteen (15) days after the award of the Contract, the OWNER will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. All other retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders’ bonds and guarantees which have been fortified, will be returned to the respective Bidders whose Bids they accompanied. 7. BASIS OF AWARD. The award will be made by the OWNER on the basis of the Bid from the lowest responsive, responsible Bidder which, in the OWNER’s sole and absolute judgment will best serve the interest of the OWNER. All Bids will be considered on the following basis: Delivery time Bid price Cost of installation Suitability to project requirements Conformance with the terms of the Bid Documents Responsibility and qualification of Bidder The OWNER reserves the right to reject all Bids, or any Bid not in conformance with the intent of the Bid Documents, and to waive any informalities and irregularities in said Bids. 8. EXECUTION OF CONTRACT. The successful Bidder shall, within fifteen (15) days after receiving notice of award, sign and deliver to the OWNER the Contract hereto attached together with the acceptable bonds as required in these Bid Documents. Within fifteen (15) days after receiving the signed Contract with acceptable bond(s) from the successful Bidder, the OWNER’s authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. 9. PERFORMANCE AND PAYMENT BONDS. The successful Bidder shall file with the OWNER Performance and Payment Bonds in the full amount (100 percent) of the Contract price, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the Work under this Contract, and to cover all guarantees against defective workmanship or materials, or both, for a period of one (1) year after the date of final acceptance of the Work by the OWNER. The Surety furnishing these bonds shall have a record of service satisfactory to the OWNER, be authorized to do business in the State where the OWNER’s project is located and shall be named on the current list of approved Surety Companies, acceptable on Federal bonds as published by the Audit Staff, Bureau of Accounts, U.S. Treasury Department. The Attorney-in-Fact (Resident Agent) who executes these bonds on behalf of the Surety must attach a notarized copy of his/her power-of-attorney as evidence of his/her authority to bind the Surety on the date of execution of the bond. C128643 Page 7 of 26 Grand Island Council Session - 1/28/2020 Page 187 / 518 10. TIME OF COMPLETION. The time of completion of the Work to be performed under this Contract is the essence of the Contract. The time allowed for the completion of the Work is stated in the Bid Data Form. 11. GRATUITIES AND KICKBACKS. City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. 12. FISCAL YEAR. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. C128643 Page 8 of 26 Grand Island Council Session - 1/28/2020 Page 188 / 518 Contract # Issued: CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between [SUCCESSFUL BIDDER], hereinafter called the Contractor, and the CITY OF GRAND ISLAND, NEBRASKA, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published for BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this Contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself, or themselves, and its, his/her, or their successors, as follows: ARTICLE I. That the following documents shall comprise the Contract, and shall together be referred to as the “Agreement” or the “Contract Documents”; 1. This Contract Agreement. 2. City of Grand Island’s Specification for this project. 3. [NAME OF SUCCESSFUL BIDDER] bid signed and dated [DATE OF BID]. In the event of any conflict between the terms of the Contract Documents, the provisions of the document first listed shall prevail. ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract documents as listed in the attached General Specifications, said documents forming the Contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City’s official award of this Contract to the said Contractor, such award being based on the acceptance by the City of the Contractor’s bid; ARTICLE III. That the City shall pay to the Contractor for the performance of the work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of [DOLLAR AMOUNT] ($00.00) for all services, materials, and work covered by and included in the Contract award and designated in the foregoing Article II; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. The total cost of the Contract includes: DRAFT C128643 Page 9 of 26 Grand Island Council Session - 1/28/2020 Page 189 / 518 Contract # Issued: Base Bid: $ .00 Sales Tax on Materials/Equipment: $ .00 Sales Tax on Labor: $ .00 Total $ .00 Contractor Tax Option ____ The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. The Contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM. ARTICLE V. That the Contractor shall start work as soon as possible after the Contract is signed and the required bonds and insurance are approved, and that the Contractor shall deliver the equipment, tools, supplies, and materials F.O.B. Burdick Generating Station, and complete the work on or before June 1, 2020. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this Contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this Contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis, of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VII. Gratuities and kickbacks: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, DRAFT C128643 Page 10 of 26 Grand Island Council Session - 1/28/2020 Page 190 / 518 Contract # Issued: pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. [SUCCESSFUL BIDDER] By____________________________________ Date ____________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By_____________________________________ Date ____________________ Mayor Attest:__________________________________ City Clerk The Contract is in due form according to law and hereby approved. _______________________________________ Date ____________________ Attorney for the City DRAFT C128643 Page 11 of 26 Grand Island Council Session - 1/28/2020 Page 191 / 518 Platte Generating Station / 1035 W. Wildwood Drive / Box 1968 / Grand Island, Nebraska 68802-1968 Phone (308) 385-5496 / FAX (308) 385-5353 R E Q U E S T F O R B I D S - GENERAL SPECIFICATIONS The Bid shall be in accordance with the following and with all attached BID DATA and DETAILED SPECIFICATIONS. All prices are to be furnished and installed FOB, Grand Island, Nebraska. All prices shall be firm, and shall include all sales and use taxes as lawfully assessed under laws and regulations of the State of Nebraska. * If bidder fails to include sales tax in their bid price or takes exception to including sales tax in their bid price, the City will add a 7.5% figure to the bid price for evaluation purposes; however, the City will only pay actual sales tax due. Mailed bids shall include the following on the outside of the mailing envelope: “Burdick Water Treatment Demineralizer System”. All bids submitted by mail must include an original and three copies of the bid. The bid specification and on-line bidding forms are also available at http://www.grand- island.com/business/bids-and-request-for-proposals/bid-calendar under the bid opening date and “Click here for bid document link” through QuestCDN. If submitting through QuestCDN, one original document of the bid is required to be uploaded. No verbal bids will be considered. All sealed bids are due no later than Tuesday, January 7, 2020 at 2:00 p.m. local time. to: Mailing Address: City Clerk Street Address: City Clerk City Hall City Hall P. O. Box 1968 100 E. First Street Grand Island, NE 68802-1968 Grand Island, NE 68801 Bids will be opened at this time in the City Hall City Clerk’s Office located on 1st floor of City Hall. Any bid received after the specified date will not be considered. Bids will be evaluated by the Purchaser based on price, schedule, quality, adherence to schedule, plan and specifications, economy and efficiency of operation, experience and reputation of the bidder, ability, capacity, and skill of the bidder to perform contract required and adaptability of the particular items to the specific use intended. The successful bidder will be required to comply with fair labor standards as required by Nebraska R.R.S.73- 102 and comply with Nebraska R.R.S. 48-657 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. Contractor shall maintain a drug free workplace policy. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. C128643 Page 12 of 26 Grand Island Council Session - 1/28/2020 Page 192 / 518 Platte Generating Station / 1035 W. Wildwood Drive / Box 1968 / Grand Island, Nebraska 68802-1968 Phone (308) 385-5496 / FAX (308) 385-5353 The equipment and materials must be new, the latest make or model, unless otherwise specified. Prior to approving the invoice for payment, the City reserves the right to thoroughly inspect and test the equipment to confirm compliance with specifications. Any equipment or material which does not meet the City’s requirements will be returned at vendor’s expense for correction. The invoice will be paid after approval at the next regularly scheduled City Council meeting and occurring after departmental approval of invoice; the City Council typically meets the second and fourth Tuesday of each month. Invoices must be received well in advance of Council date to allow evaluation and processing time. Each bidder shall submit with the bid a certified check, a cashier’s check, or bid bond payable to the City of Grand Island in an amount no less than five percent (5%) of the bid price which shall guarantee good faith on the part of the Bidder and the entering into a contract within fifteen (15) days at the bid price if accepted by the City. Your certified check, cashier's check or bid bond must be submitted in a separate envelope attached to the outside of the envelope containing the bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information and correct number of copies in clearly marked and separate envelopes will result in your bid not being opened or considered. Only surety companies authorized to do business in the State of Nebraska may issue bid bonds. Successful bidder shall comply with the City’s insurance requirements; performance and payment bonds are required for this project as outlined in the Detailed Specifications and Instructions to Bidders. All bids shall be valid for at least thirty (30) working days after the bid deadline for evaluation purposes. All bids must be on the bid form and must be signed and dated to be accepted. If exceptions and/or clarifications are noted to the bid, those exceptions must be fully explained on a separate sheet, clearly marked, and included with the Bid. Any changes that are found made to the original bid specification, other than Owner generated Addendums, would result in your bid not being considered. Please contact Lynn Mayhew at 308-385-5495, for questions concerning this specification. C128643 Page 13 of 26 Grand Island Council Session - 1/28/2020 Page 193 / 518 BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM 1. Scope 1.1 The manufacturer shall provide equipment, shipping, start up assistance and training for a water treatment system for the Burdick Generating Station to meet the water quality requirements stated in this specification. 2. Description 2.1 The Burdick Generating Station is located at 800 E. Bischeld in Grand Island, Nebraska. 3. Process Detail and Technical Specification 3.1 Process Description 3.1.1. Raw feed water will be supplied at 20-30 psi (by Burdick Cooling water System) to the proposed water treatment system. The feed water will be sent through cartridge filters of 10 micron to remove residual suspended solids from the water. If the cooling water supply pressure is not great enough for the filters a feed booster pump should be supplied. 3.1.2. Filtered water will be treated with an anti-scalant. The water is then passed through Reverse Osmosis (RO) unit where the majority of the dissolved solids content is removed. Permeate is then delivered to the demineralizer unit that removes the remaining dissolved solids to produce very high purity water before being sent to the existing on-site Demineralized Water Storage Tank for downstream process use. The level in the tank will control the start up and shut down of the system. 3.1.3. Waste from the filters and reverse osmosis unit will be discharged to the City Sewer. If there is waste from the demineralizer unit, it is to be sent to a supplied waste neutralization system before being discharged by gravity to the City Sewer. 3.2 Sub-System Process Description 3.2.1. Key sub-system processes are described here: 3.2.2. Filtration 3.2.2.1. Water under pressure will feed the 10 micron cartridge filters for removal of suspended solids. 3.2.3. Antiscalent Addition 3.2.3.1. Due to the nature of the water it will be necessary to add antiscalent to prevent scaling on the RO membranes. 3.2.4. Reverse Osmosis 3.2.4.1. Reverse Osmosis (RO) uses semi-permeable membranes with very small pores, smaller than 0.001 µm. Water is able to diffuse across the membrane much more readily than dissolved solutes (salts). High feed water pressure is used to counteract the natural osmotic pressure enabling the passage of water from the side of high concentration (feed) of the membrane to the side of low concentration (permeate). A percentage of the water fed to the RO is discarded, as it will contain the C128643 Page 14 of 26 Grand Island Council Session - 1/28/2020 Page 194 / 518 salts rejected by the RO membrane. 3.2.4.2. Membrane systems do experience fouling. Pre-filtration (see Filtration above) and an anti-scalant are employed to extend the performance of the RO membranes. 3.2.5. Demineralization 3.2.5.1. Filtered water is to be pumped through the demineralizer unit that will removed the dissolved impurities to meet the specified water quality and sent to the onsite water storage tank. Water quality shall be monitored and if not meeting specs be automatically discharged to waste. 3.2.6. Waste Neutralization System 3.2.6.1. A standard waste neutralization system is required if on site regeneration of the demineralizer system is required. 4. Process Schematic Drawing 5. Basis of Design 5.1 Water Analysis 5.1.1. The system is to be designed based on the Burdick Cooling water system supplied water analysis; some assumptions may need to be made. Parameter Units Design Temperature o Fahrenheit 55 – 60 6.8 – 7.8 Total Organic Carbon mg/L as C Not indicated Turbidity NTU 0.3 Barium mg/L as Ba 0.01 – 0.16 Calcium mg/L as Ca 120-280 Chloride mg/L as Cl 23 – 34.5 Fluoride mg/L as F 0.4 – 0.5 Free chlorine mg/L as Cl2 Not indicated M-Alkalinity mg/L as HCO3 180 – 230 C128643 Page 15 of 26 Grand Island Council Session - 1/28/2020 Page 195 / 518 Magnesium mg/L as Mg 23 Nitrate mg/L as NO3 5.1 – 76 Potassium mg/L as K 6.0 Silica mg/L as SiO2 16 – 25 Sodium mg/L as Na 43 – 69 Strontium mg/L as Sr 0.58 – 0.77 Sulfate mg/L as SO4 150 – 220 6. System Performance 6.1 For treatment of water outlined in section 6.3, the system product quality and flow will be as follows: 6.2 System Demineralized Product Flow: Average Net Product per Train 50 US gpm Number of Trains: Filtration Reverse Osmosis Ion Exchange (demineralizer) 1 1 1 Redundancy of Trains: (100% = 55 USgpm product flow) Filtration Reverse Osmosis Ion Exchange 1 x 100% 1 x 100% 1 x 100% 6.3 Quality: Parameter Units Design Specific Conductivity µS/cm < 0.1 Silica mg/L as SiO2 < 0.010 Total Trace Metals (Sodium+potassium+lithium+lead) ppm 5 max Totoal of both dissolved and undissolved solids ppm 5 max The average net demineralized water discharge flow-rate in USgpm shall be calculated as the quantity of demineralized water produced over a 24-hour period divided by 24 hours. 7. Scope of Supply 7.1 Vendor shall propose to supply a system that will provide water as described in Section 6.3 of this proposal. 7.2 Demineralization System Equipment 7.2.1. One (1 x 100%) Cartridge Filters, complete with elements, fittings, inlet pressure gauge and common differential pressure switch; 7.2.2. One (1) Antiscalent addition system with two (1 x 100%) metering pumps, fittings and stand; 7.2.3. One (1 x 100%) RO Train consisting of the following: 7.2.4. One (1) Centrifugal RO feed pump with motor and fittings; 7.2.5. RO vessels each containing six (6) elements. 7.2.6. Stainless steel piping for the feed and reject lines 7.2.7. PVC piping on permeate line 7.2.8. Instrument air tubing; C128643 Page 16 of 26 Grand Island Council Session - 1/28/2020 Page 196 / 518 7.2.9. Modulating control valves on the feed and reject lines; 7.2.10. Flow transmitters on the feed and reject lines; 7.2.11. Conductivity controller on the permeate line; 7.2.12. One (1 x 100%) Demineralizer Train 7.2.13. One (1) Control System complete with the following: 7.2.14. NEMA 12 Control Panels 7.2.15. Distributed Control Panels on each RO and demineralizer skid with Allen Bradley PLC, touchscreen and Ethernet communication module 7.2.16. Central Control Panel with Allen Bradley PLC, touchscreen and Ethernet communication module 7.2.17. Equipment Name Plates 7.2.18. 480 VAC Power will be connected into a single point. 7.2.19. 480/120 VAC transformer if required. 7.2.20. Motor starters / VFDs 7.3 System Services 7.3.1. Functionality testing at the factory. 7.3.2. One (1) factory representatives for on-site start-up and commissioning supervision and operator training. 7.4 Documentation 7.4.1. Three (3) Training manuals 7.4.2. Three (3) O&M manuals 8. Items Not Included in Scope of Supply 8.1 Chemical Supply 8.1.1. A supply of antiscalent, acid and caustic will be sourced locally. Based upon the consumption rates, Vendor should recommend what storage capacity will be required for suitable supply of chemistry. 8.2 Interconnecting Piping 8.2.1. The supply of piping, fittings (as required), and assembly between system equipment will be provided by City of Grand Island. Vendor shall supply interconnecting piping up to the boundaries of the supplied equipment skids. 8.3 Interconnecting Wiring 8.3.1. The supply of wiring, fittings (as required), and assembly between system equipment will be provided by City of Grand Island. Vendor shall supply interconnecting wiring up to the boundaries of the supplied equipment skids. 8.4 Civil Work 8.4.1. The required civil work for the system is under the City of Grand Island’s scope of supply. 8.5 Installation 8.5.1. Unloading, storage, and installation services. 8.5.2. Foundations, anchor bolts, structures and equipment on which the Vendor's equipment will be installed. 8.5.3. Insulation and/or heat tracing where required. 8.5.4. All solutions and chemicals for start up and operation. 8.6 Power Supply 8.6.1. Supply 480 VAC – 60 amp power for operation of the system. 8.7 System Grounding 8.7.1. Grounding of the system. C128643 Page 17 of 26 Grand Island Council Session - 1/28/2020 Page 197 / 518 8.8 Air Supply 8.8.1. Supply Instrument air for operation of the system. 8.8.2. System Operating Personnel 8.8.2.1. Plant personnel will be appointed by the City of Grand Island to provide monitoring and maintenance of the system on an on-going basis. 8.8.3. Chemical & Utility Consumption 8.8.3.1. Consumption per 1000 US gal of demineralized water produced as per the water analysis stated in section 5.1.1: 8.8.3.2. Vendor shall provide estimates for chemical and utility consumptions and operating/maintenance costs for their proposed demineralization system. Chemical: Antiscalent (neat) -- USgal Sulfuric Acid (as 96% w/w) -- USgal Sodium Hydroxide (as 50% w/w) -- USgal Waste: Reverse Osmosis -- USgal Demineralizer Train -- USgal Electrical: Reverse Osmosis -- kWh Demineralizer Train -- kWh Misc. pumps, etc. -- kWh Compressed Air: Instrument- --SCF Saturated Steam at 75 psig: Warm Water Heating System -- lbs 8.9 Preliminary Equipment Specifications 8.9.1. Purchaser’s preferred specifications for the process equipment are included in the following subsections. 9. Reverse Osmosis Equipment Specifications 9.1.1. Pre-assembled, automatic reverse osmosis system for freshwater applications, skid mounted, complete with membrane modules, feed water pump, valves, and on-skid instrumentation. Vessels and Housing Item Specifications Design Conformance In accordance to ASME coding Section X Housing Dimensions 20.3 cm diameter Elements per housing 6 Test pressure 1.3 times design Connections Victaulic, Side Port Material of Construction Fiberglass C128643 Page 18 of 26 Grand Island Council Session - 1/28/2020 Page 198 / 518 Membrane Elements Item Specifications Membrane type Spiral wound, composite polyamide Element Dimensions 20.3 cm diameter, 152.4 cm long Skid Frame Item Specifications Material of construction Welded carbon steel Exterior finish Sand blasted to SSPC-SP5 (near white metal) and painted with two part epoxy 6-8 mil (0.152 – 0.204 mm) Seismic Design International Building Code 2016 Ss=12.6, S1=4.1 Piping Item Specifications Feed and Reject Piping Material of Construction 304 stainless steel Permeate Piping Material of Construction PVC Test pressure 1.5 times design Instrument Air Tubing Material of Construction Polyethylene with polypropylene fittings Feed Pump Item Specifications Type Centrifugal Material of construction Stainless steel Motor High efficiency TEFC, VFD, 460V, 3 phase, 2900 rpm (60 Hz) Seal Single, mechanical Valves Item Specifications Valve Type 2" and above: wafer type butterfly valves, rubber lined metal body with stainless steel disc c/w air to open spring closed actuator. Below 2": diaphragm or ball valve, c/w spring closed actuator. Modulating feed and reject valves. Tags Engraved phenolic attached with stainless steel chain Position Switch Not Included Instrumentation Flow Measurement Item Specifications Flowmeter type Magnetic on Feed, Paddlewheel on Permeate Quantity Two: feed and permeate flow Panel display Digital (4-20mA) C128643 Page 19 of 26 Grand Island Council Session - 1/28/2020 Page 199 / 518 Pressure Gauges Item Specifications Type Glycerine filled, dial indication, Bourdon tube gauge with stainless steel case and internals, 100 mm (4") diameter Quantity Three (3) Location Inlet of first stage Between the stages 3) Reject stream Isolation valves None Pressure Control Item Specifications Type Feed pressure switch Temperature Control Item Specifications Type Feed temperature switch Electrical Control Item Equipment Specifications Design Conformance National Electrical Code Certification of the Manufactured Panel None Control Panel Rating NEMA 12 Power Supply Frequency 1 phase, 120V, 60 Hz Control Voltage 24 VDC (internal power supply in panel) Electrical Enclosure Material Painted Steel PLC, HMI and Communication Allen Bradley MicroLogix PLC with 6” greyscale touchscreen and Ethernet communication module Conduit Rigid PVC with short flexible runs where required Lights/Switches Allen Bradley 22 mm, NEMA 4X/IP64 Labels English Wire Marking Computer generated label Control Wire Size 16 AWG (1.25 mm²) Wire Termination Tension Clamp Terminal Blocks with bare wire insertion Demineralizer Equipment Specifications Pre-assembled, skid-mounted two-bed (cation/anion) demineralizer, complete with fully charged resin beds, feed/regenerant water pump, automatic valves, on-skid regenerant dilution, instrumentation and controls. Factory tested prior to shipment. Vessels Item Equipment Specifications Design Conformance In accordance to ASME coding Section VIII, Div. 1, strength formulas Test Pressure 1.3 times design pressure (per ASME guidelines) Thermal Relief Valves Not Included Material of Construction Carbon steel Internal Lining 5 mm (3/16") butyl rubber Fasteners Zinc plated carbon steel Exterior Finish Sand blasted to SSPC-SP10 (near white metal), and painted with two part epoxy 6 mil (0.152 mm) minimum Exterior Color Light Gray C128643 Page 20 of 26 Grand Island Council Session - 1/28/2020 Page 200 / 518 Cation Exchange Resin Item Equipment Specifications Bed Diameter TBD Anion Exchange Resin Item Equipment Specifications Bed Diameter TBD Skid Frame Item Equipment Specifications Material of Construction Welded carbon steel Exterior Finish Sand blasted to SSPC-SP6 (near white metal), and painted with two part epoxy 4-8 mils (0.1-0.2 mm), paint suitable for exposure to salt and sand laden air Seismic Design International Building Code 2016 Ss=12.6, S1=4.1 Piping Item Equipment Specifications Main Piping Material of Construction 304 stainless steel Acid Piping Material of Construction 304 stainless steel Caustic Piping Material of Construction 304 stainless steel Test Pressure 1.5 times design pressure for metal 1.0 times design pressure for plastic Valves Item Equipment Specifications Valve Type 2" and above: wafer type butterfly valves, rubber lined metal body with stainless steel disc c/w air to open spring closed actuator. Below 2": diaphragm or ball valve, c/w spring closed actuator. Tags Engraved phenolic attached with stainless steel chain Limit Switches Not Included Air Solenoids Item Equipment Specifications Type Sliding soft seat spool Instrument/Air Tubing Material of Construction Polyethylene with polypropylene fittings Air Requirements Item Equipment Specifications Operating Pressure - Minimum 5.6 kg/cm² (80 psi) Operating Pressure - Maximum 7.0 kg/cm² (100 psi) Water Pump Item Equipment Specifications Type Centrifugal Pump Material of Construction Stainless steel Motor High efficiency TEFC, VFD, 3 phase, 460V, 2900 rpm (60 Hz) Seal Single mechanical C128643 Page 21 of 26 Grand Island Council Session - 1/28/2020 Page 201 / 518 Caustic Injection Pump Item Equipment Specifications Type Air operated diaphragm pump or functional alternate Material of Construction Polypropylene body with teflon diaphragm Acid Injection Pump Item Equipment Specifications Type Air operated diaphragm pump or functional alternate Material of Construction Polypropylene body with teflon diaphragm Instrumentation Flow Measurement Item Equipment Specifications Flowmeter Type Paddlewheel / Turbine Sensor Location Two (2) sensors: one (1) vortex for water flow one (1) vortex for regeneration/rinse Panel Display Digital Pressure Gauges Item Equipment Specifications Type and Size Glycerine filled, dial indication, Bourdon tube gauge with stainless steel case and internals 100 mm (4") diameter dial for location 3, 4, 5, 6 60 mm (2 ½") dial for location 1 & 2 Electrical Control Item Equipment Specifications Design Conformance National Electrical Code Certification of the Manufactured Panel None Control Panel Rating NEMA 12 Power Supply Frequency 1 phase, 120V, 60 Hz Control Voltage 24 VDC (internal power supply in panel) Electrical Enclosure Material Painted Steel PLC, HMI and Communication Allen Bradley PLC with touchscreen and Ethernet communication module Conduit Rigid PVC with short flexible runs where required Lights/Switches Allen Bradley 22 mm, NEMA 4X/IP64 Labels English Wire Marking Computer generated label Control Wire Size 16 AWG (1.25 mm²) Wire Termination Tension Clamp Terminal Blocks with bare wire insertion Central Control Item Equipment Specifications Design Conformance National Electrical Code Certification of the Manufactured Panel None Control Panel Rating NEMA 12 Power Supply Frequency 1 phase, 120V, 60 Hz Control Voltage 24 VDC (internal power supply in panel) Electrical Enclosure Material Painted Steel PLC, HMI and Communication Allen Bradley PLC with 17” TFT touchscreen with windows software and Ethernet communication module C128643 Page 22 of 26 Grand Island Council Session - 1/28/2020 Page 202 / 518 Conduit Rigid PVC with short flexible runs where required Lights/Switches Allen Bradley 22 mm, NEMA 4X/IP64 Labels English Wire Marking Computer generated label Control Wire Size 16 AWG (1.25 mm²) Wire Termination Tension Clamp Terminal Blocks with bare wire insertion 10. Warranty The Contractor shall warrant the material and workmanship against defects for a minimum of one year from the date placed in-service by the City. Details of all proposed warranties shall be submitted with the bid. 11. Qualifications The manufacturer shall be a firm specializing in the design of water treatment equipment used in the power generation industry. A reference list of projects of similar scope and complexity shall be provided with the Bid. A list of intended major water treatment components and their source of supply shall be included with the proposal. Items provided by outsourced manufacturing, independent of the label applied to the component, shall be specifically identified as such. 12. Schedule The completed equipment shall be delivered no later than June 1tst, 2020 with an approval to be given by January 25th, 2020. 13. Installation Installation is to be provided by City of Grand Island. The new system is to be mounted on a trailer to allow for emergency water production with similar water quality. 14. Service Rates The Contractor shall include a firm lump sum price for providing the specified equipment, supervision, expenses, and all other standard terms and conditions. The Platte Generating Station is NOT tax exempt and is subject to 7.5% sales tax. See the Nebraska Department of Revenue web site at www.revenue.state.ne.us for contractor's tax information. Applicable taxes shall be included in the proposal price and identified separately on the bidders proposal form. 15. Invoicing When equipment and similar goods are purchased that cannot immediately be put into operation, the City reserves the right to withhold from payment of such invoice retainage of 10% of the amount pending approval of the operation of such equipment and/or goods. The retainage shall be paid after it is verified that the construction is completed and the system operates satisfactorily. C128643 Page 23 of 26 Grand Island Council Session - 1/28/2020 Page 203 / 518 16. Bid Evaluation Bids will be evaluated on initial equipment cost, annual chemical and power consumption, space requirements, and installation requirements. 17. Submittals Required Supplier shall submit the following documentation for review with the bid: 1. References for at least 3 projects of a similar scope, including a description, name, and phone contact. 2. Delivery schedule. 3. Details of the proposed warranty. 4. Firm lump sum pricing. 5. Firm unit pricing for temporary water treatment based on 1000 treated gals, if unable to utilize new equipment for water production in a temporary location. 6. Chemical and power consumption for new system. 7. Dimensional layout required for equipment. 18. Contact Questions may be directed to Lynn Mayhew at the Platte Generating Station, telephone 308- 385-5494. 19. Insurance The Contractor shall comply with the attached Insurance Requirements. C128643 Page 24 of 26 Grand Island Council Session - 1/28/2020 Page 204 / 518 MINIMUM INSURANCE REQUIREMENTS CITY OF GRAND ISLAND, NEBRASKA The successful bidder shall obtain insurance from companies authorized to do business in Nebraska of such types and in such amounts as may be necessary to protect the Bidder and the interests of the City against hazards or risks of loss as hereinafter specified. This insurance shall cover all aspects of the Bidder's operations and completed operations. Failure to maintain adequate coverage shall not relieve Bidder of any contractual responsibility or obligation. Minimum insurance coverage shall be the amounts stated herein or the amounts required by applicable law, whichever are greater. 1. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY This insurance shall protect the Bidder against all claims under applicable State workers compensation laws. This insurance shall provide coverage in every state in which work for this project might be conducted. The liability limits shall not be less than the following: Workers Compensation Statutory Limits Employers Liability $100,000 each accident $100,000 each employee $500,000 policy limit 2. BUSINESS AUTOMOBILE LIABILITY This insurance shall be written in comprehensive form and shall protect the Bidder, Bidder’s employees, or subcontractors from claims due to the ownership, maintenance, or use of a motor vehicle. The liability limits shall not be less than the following: Bodily Injury & Property Damage $ 500,000 Combined Single Limit 3. COMPREHENSIVE GENERAL LIABILITY The comprehensive general liability coverage shall contain no exclusion relative to explosion, collapse, or underground property. The liability limits shall not be less than the following: Bodily Injury & Property Damage $ 500,000 each occurrence $1,000,000 aggregate 4. UMBRELLA LIABILITY INSURANCE This insurance shall protect the Bidder against claims in excess of the limits provided under employer's liability, comprehensive automobile liability, and commercial general liability policies. The umbrella policy shall follow the form of the primary insurance, including the application of the primary limits. The liability limits shall not be less than the following: Bodily Injury & Property Damage $1,000,000 each occurrence $1,000,000 general aggregate 5. ADDITIONAL REQUIREMENTS The City may require insurance covering a Bidder or subcontractor more or less than the standard requirements set forth herein depending upon the character and extent of the work to be performed by such Bidder or subcontractor. Insurance as herein required shall be maintained in force until the City releases the Bidder of all obligations under the Contract. The Bidder shall provide and carry any additional insurance as may be required by special provisions of these specifications. C128643 Page 25 of 26 Grand Island Council Session - 1/28/2020 Page 205 / 518 6. CERTIFICATE OF INSURANCE Satisfactory certificates of insurance shall be filed with the City prior to starting any work on this Contract. The certificates shall show the City as an additional insured on all coverage except Workers Compensation. The certificate shall state that thirty (30) days written notice shall be given to the City before any policy is cancelled (strike the "endeavor to" wording often shown on certificate forms). If the Bidder cannot have the “endeavor to” language stricken, the Bidder may elect to provide a new certificate of insurance every thirty (30) days during the contract. Bidder shall immediately notify the City if there is any reduction of coverage because of revised limits or claims paid which affect the aggregate of any policy. 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WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published for BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this Contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself, or themselves, and its, his/her, or their successors, as follows: ARTICLE I. That the following documents shall comprise the Contract, and shall together be referred to as the “Agreement” or the “Contract Documents”; 1.This Contract Agreement. 2.City of Grand Island’s Specification for this project. 3.Consolidated Water Solutions’ bid signed and dated December 31, 2019. In the event of any conflict between the terms of the Contract Documents, the provisions of the document first listed shall prevail. ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract documents as listed in the attached General Specifications, said documents forming the Contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City’s official award of this Contract to the said Contractor, such award being based on the acceptance by the City of the Contractor’s bid; ARTICLE III. That the City shall pay to the Contractor for the performance of the work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of One Hundred Sixteen Thousand Three Hundred Fifty-Eight and no/100 Dollars ($116,358.00) for all services, materials, and work covered by and included in the Contract award and designated in the foregoing Article II; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. Grand Island Council Session - 1/28/2020 Page 241 / 518 Contract #2020- Issued: January 28, 2020 The total cost of the Contract includes: Base Bid: Materials $ 88,750.00 Adjusted for larger demineralizer 10,215.00 Labor 8,475.00 Sales Tax 8,918.00 Total $ 116,358.00 Contractor Tax Option 1 The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. The Contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the BURDICK GENERATING STATION WATER TREATMENT DEMINERALIZER SYSTEM. ARTICLE V. That the Contractor shall start work as soon as possible after the Contract is signed and the required bonds and insurance are approved, and that the Contractor shall deliver the equipment, tools, supplies, and materials F.O.B. Burdick Generating Station, and complete the work on or before June 1, 2020. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this Contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this Contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis, of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VII. Gratuities and kickbacks: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a Grand Island Council Session - 1/28/2020 Page 242 / 518 Contract #2020- Issued: January 28, 2020 purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. CONSOLIDATED WATER SOLUTIONS By____________________________________Date ____________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By_____________________________________Date ____________________ Mayor Attest:__________________________________ City Clerk The Contract is in due form according to law and hereby approved. _______________________________________Date ____________________ Attorney for the City Grand Island Council Session - 1/28/2020 Page 243 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-18 WHEREAS, the City of Grand Island invited sealed bids for Burdick Generating Station Water Treatment Demineralizer System, according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 7, 2020, bids were received, opened and reviewed; and WHEREAS, Consolidated Water of Omaha, 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 $116,358.00; and WHEREAS, the bid of Consolidated Water is less than the estimate for Burdick Generating Station Water Treatment Demineralizer System. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Consolidated Water, in the amount of $116,358.00 for the Burdick Generating Station Water Treatment Demineralizer System, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 244 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-4 #2020-19 - Approving Bid Award - Bottom Ash & Boiler Industrial Cleaning at Platte Generating Station - Spring 2020 Outage Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/28/2020 Page 245 / 518 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:January 28, 2020 Subject:Bottom Ash and Boiler Industrial Cleaning – Spring 2020 Outage Presenter(s):Timothy G. Luchsinger, Utilities Director Twice a year, the Platte Generating Station has a maintenance outage to repair, maintain and clean the unit and its many components. The boiler, spray dry absorber, fabric filter, cooling tower and duct work accumulate fly ash and slag from the combustion byproducts, lime ash from the Air Quality Control System operation and debris from the cooling water system that must be cleaned out with vacuum trucks. The Bottom Ash system tanks and lines and the Air Heater must be cleaned with high pressure water lances. In addition to maintaining performance, removal of the ash deposits also allows an inspection of the equipment surfaces and components. The next outage is scheduled for March of this year. Specifications were developed by the plant maintenance staff for the removal of ash deposits throughout the boiler, bulk vacuuming of the associated ductwork and hoppers, and high pressure water wash of the bottom ash system and Air Heater. Discussion The specifications for the Bottom Ash and Boiler Industrial Cleaning-Spring 2020 Outage were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on January 7, 2020. Specifications were sent to eight potential bidders and responses were received as listed below. The engineer’s estimate for this project was $140,000. Bidder Bid Amount W-S Industrial Services, Inc. – Council Bluffs, Iowa $ 99,789.03 Meylan Enterprises, Inc. – Omaha, Nebraska $106,162.71 ExPro Services, Inc. – St. Louis, Missouri $124,523.70 The bids were reviewed by Utility Engineering staff. The bid from W-S Industrial did not include the required bid submittals and a post bid, follow up submittal reflected that their Grand Island Council Session - 1/28/2020 Page 246 / 518 bid did not provide adequate man hours and equipment to cover the specified schedule and scope of work. Their bid was therefore rejected. The bid from Meylan Enterprises, Inc., had minor mathematical errors that were corrected using the information provided in the bid, resulting in an additional cost of $490.20, for a total adjusted bid of $106,652.91; otherwise, the bid from Meylan Enterprises, Inc., is compliant with specifications and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid of Meylan Enterprises, Inc., of Omaha, Nebraska, as the low responsive bidder, with a bid in the amount of $106,652.91. Sample Motion Move to approve the bid in the amount of $106,652.91 from Meylan Enterprises, Inc., for the Bottom Ash and Boiler Industrial Cleaning – Spring 2020 Outage. Grand Island Council Session - 1/28/2020 Page 247 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 7, 2020 at 2:15 P.M. FOR: Bottom Ash & Boiler Industrial Cleaning – Spring 2020 Outage DEPARTMENT: Utilities ESTIMATE: $140,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: December 12, 2019 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: W-S Industrial Services, Inc. Council Bluffs, IA Bid Security: Merchants Bonding Company Exceptions: None Bid Price: Air Heater Wash Vacuum Services Hydro-blast Services Material: $19,500.00 $13,241.00 $13,650.00 Labor: $12,496.00 $16,970.00 $16,970.00 Sales Tax: $ 2,399.70 $ 2,265.83 $ 2,296.50 Base Bid: $34,395.70 $32,476.83 $32,916.50 Total Bid: $99,789.03 Bidder: Expro Services, Inc. St. Louis, MO Bid Security: The Guarantee Company of North America Exceptions: None Bid Price: Air Heater Wash Vacuum Services Hydro-blast Services Material: $44,412.00 $19,948.00 $18,496.00 Labor: $ 7,140.00 $16,320.00 $ 9,520.00 Sales Tax: $ 3,866.40 $ 2,720.10 $ 2,101.20 Base Bid: $55,418.40 $38,988.10 $30,117.20 Total Bid: $124,523.70 Grand Island Council Session - 1/28/2020 Page 248 / 518 Bidder: Meylan Enterprises, Inc. Omaha, NE Bid Security: Universal Surety Company Exceptions: None Bid Price: Air Heater Wash Vacuum Services Hydro-blast Services Material: $25,045.00 $12,655.00 $21,510.00 Labor: $ 7,524.00 $21,534.00 $10,488.00 Sales Tax: $ 2,442.68 $ 2,564.18 $ 2,339.85 Base Bid: $34,848.83 $36,582.23 $34,237.86 Total Bid: $106,162.71 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Darrell Dorsey, PGS Plant Supt. Karen Nagel, Utility Secretary P2169 Grand Island Council Session - 1/28/2020 Page 249 / 518 Working Together for a Better Tomorrow. Today. BID SPECIFICATION PACKAGE for BOTTOM ASH AND BOILER INDUSTRIAL CLEANING – SPRING 2020 OUTAGE C 128641 Bid Opening Date/Time Tuesday, January 7, 2020 @ 2:15 p.m. City of Grand Island, City Hall 100 East 1st Street, P.O. Box 1968 Grand Island, NE 68802-1968 Contact Information Darrell Dorsey, PGS Plant Superintendent City of Grand Island – Utilities Department Platte Generating Station 308/385-5496 Date issued: Wednesday, December 11, 2019 Grand Island Council Session - 1/28/2020 Page 250 / 518 ADVERTISEMENT TO BIDDERS FOR BOTTOM ASH AND BOILER INDUSTRIAL CLEANING-SPRING 2020 OUTAGE FOR CITY OF GRAND ISLAND, NEBRASKA Sealed bids for Bottom Ash and Boiler Industrial Cleaning-Spring 2020 Outage will be received at the office of the City Clerk, 100 E. First Street, P.O. Box 1968, Grand Island, Nebraska 68802, until Tuesday, January 7, 2020 at 2:15 p.m. local time, FOB the City of Grand Island, freight prepaid. Bids will be publicly opened at this time in the Grand Island City Hall City Clerk’s Office located on 1st floor of City Hall. Submit an original and three copies if submitting by mail. Bid package and any Addendas are also available on-line at http://www.grand-island.com/business/bids-and-request-for-proposals/bid-calendar under the bid opening date and “Click here for bid document link” through QuestCDN. Submitting through QuestCDN requires one original document of the bid to be uploaded. Bids received after the specified time will be returned unopened to sender. The successful bidder will be required to comply with fair labor standards as required by Nebraska R.R.S.73-102 and comply with Nebraska R.R.S. 48-657 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. Successful bidder shall maintain a drug free workplace policy. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Each bidder shall submit with the bid a certified check, a cashiers’ check, or bid bond payable to the City of Grand Island in an amount no less than five percent (5%) of the bid price which shall guarantee good faith on the part of the bidder and the entering into a contract within fifteen (15) days at the bid price if accepted by the City. Your certified check, cashiers’ check or bid bond must be submitted in a separate envelope attached to the outside of the envelope containing the bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information and correct number of copies in clearly marked and separate envelopes will result in your bid not being opened or considered. Only surety companies authorized to do business in the State of Nebraska may issue bid bonds. Bids will be evaluated by the Purchaser based on price, schedule, quality, adherence to schedule, plan and specifications, economy and efficiency of operation, experience and reputation of the bidder, ability, capacity, and skill of the bidder to perform contract required and adaptability of the particular items to the specific use intended. The Purchaser reserves the right to reject any or all bids, to waive irregularities therein, and to accept whichever bid that may be in the best interest of the City, at its sole discretion. No bidder may withdraw his/her bid for a period of thirty (30) days after date of bid opening. RaNae Edwards, City Clerk Advertised C128641 Page 2 of 38 Grand Island Council Session - 1/28/2020 Page 251 / 518 (All bids must be submitted on this form) BOTTOM ASH AND BOILER INDUSTRIAL CLEANING SPRING 2020 OUTAGE BID DATA FORM CITY OF GRAND ISLAND GRAND ISLAND, NE The undersigned Bidder, having examined all specifications and other bidding documents, and all addenda thereto, and being acquainted with and fully understanding all conditions relative to the specified materials and equipment, hereby proposes to provide all necessary supervision, materials, equipment, and labor to provide industrial cleaning services, consisting of an air heater wash, high pressure water blasting and line moling in the bottom ash system and vacuum cleaning throughout Platte Generating Station FOB the City of Grand Island, freight prepaid, at the following price: ITEM DESCRIPTION Air Heater Vacuum Hydro-blast Wash Services Services (Firm fixed pricing) (Lump sum-T&M) (Lump sum-T&M) Material $________________ $_________________ $________________ Labor $________________ $_________________ $________________ Applicable Sales tax* $________________ $_________________ $________________ Base Bid $________________ $_________________ $________________ Total Base Bid $ ____________________________________________________ * If bidder fails to include sales tax in their bid price or takes exception to including sales tax in their bid price, the City will add a 7.5% figure to the bid price for evaluation purposes; however, the City will only pay actual sales tax due. The State of Nebraska Department of Revenue has determined that building cleaning and maintenance services are taxable on both materials and labor. EXCEPTIONS: By checking this box, Bidder acknowledges there are Exceptions or Clarifications noted to the bid, and those exceptions are fully explained on a separate sheet, clearly marked, and attached to the Bid Data Form. By checking this box, Bidder acknowledges the specified completion date of the project is April 30, 2020. ____________________________________________________________________________________ Bidder Company Name Date ____________________________________________________________________________________ Company Address City State Zip ____________________________________________________________________________________ Print Name Signature Email:_____________________________________ Telephone No._____________________________ C128641 Page 3 of 38 Grand Island Council Session - 1/28/2020 Page 252 / 518 According to Nebraska Sales and Use Tax Requirements, Section 1-017, Contractors, check which option you have selected to file with the Nebraska Department of Revenue: Option 1 (Section 1-017.05)_____ Option 2 (Section 1-017.06)_____ Option 3 (Section 1-017.07)_____ If the Nebraska sales and use tax election is not filed or noted above, the contractor will be treated as a retailer under Option 1 for sales and use tax purposes. By checking this box, Bidder acknowledges that Addenda Number(s) ______ were received and considered in Bid preparation. If Bidder supplies individual unit pricing information as supplemental pricing to the base material and labor cost above, said individual pricing is proprietary information and should not be released under a public records request. The total amount of the bid is not considered proprietary information and will be released pursuant to City Procurement Code. C128641 Page 4 of 38 Grand Island Council Session - 1/28/2020 Page 253 / 518 CHECKLIST FOR BID SUBMISSION FOR BOTTOM ASH AND BOILER INDUSTRIAL CLEANING-SPRING 2020 OUTAGE Bids must be received by the City Clerk before 2:15 p.m. on Tuesday, January 7, 2020. The following items must be completed for your bid to be considered.  Submittal of bid documents:  Option 1 – Mailing: A signed original and three (3) copies of the bidding documents. Failure to submit the correct number of copies may result in your bid not being considered.  Note: Your certified check, cashiers check or bid bond should be clearly marked in a separate envelope attached to the signed original bid.  Option 2 – QuestCDN (online): Purchase the bid specification through QuestCDN. Upload the signed original of the Bid Data Form, along with any supporting material required to meet the bid specification through QuestCDN. Upload your bid bond online through QuestCDN. Bidders using Certified check or Cashiers’ Check must mail said check to the office of the City Clerk no later than the scheduled bid opening date and time and clearly marked with the project name.  Bidders must complete and sign the Bid Data Form provided in these Documents. All blank spaces must be filled in. Bidders shall acknowledge receipt of any Addenda information on the Bid Data Form.  A certified check, cashiers’ check or bid bond in a separate envelope attached to the outside of the envelope containing the original bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information in clearly marked and separate envelopes will result in your bid not being opened.  Selection of Nebraska Sales Tax Option.  A reference list of at least three (3) projects of similar scope and complexity.  A summary of the experience of the Job Superintendent proposed for this project.  If alternative cleaning methods are proposed, other than as generally described herein, full and complete descriptions with separate pricing for the optional utilization of such proposed methods, including references where the system has successfully been used.  A copy of your OSHA compliant Confined Space Procedure and Respiratory Protection Procedure, and proof that workers have successfully completed respiratory fit testing and pulmonary function testing and have been trained for confined space entry.  Air Heater Wash: Firm lump sum fixed pricing; firm unit pricing in case adjustments are necessary, and breakout of sales tax pricing.  Vacuum/Hydro-blasting: Firm lump sum time and material pricing; firm unit pricing in case adjustments are necessary, and breakout of sales tax pricing.  A proposed schedule.  A detailed breakdown of the individual bid amounts in the same format as will be used for daily time sheets and final billing.  Acknowledgment of Addenda Number(s) . Please check off each item as completed to ensure compliance. If you have any questions, please feel free to contact our office prior to the bid opening date/time. C128641 Page 5 of 38 Grand Island Council Session - 1/28/2020 Page 254 / 518 INSTRUCTIONS TO BIDDERS 1. GENERAL INFORMATION. The following instructions outline the procedure for preparing and submitting Bids. Bidders must fulfill all requirements as specified in these Documents. 2. TYPE OF BID. Bidders shall be required to submit prices for all items listed in the Bid Data Form. 3. PREPARATION OF BIDS. Bidders shall use only the Bid Data Form provided in these Documents. All blank spaces in the Bid Data Form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes to the wording or content of the forms is permitted. Written amounts shall govern in case of discrepancy between the amounts stated in writing and the amounts stated in figures. Prices stated shall be f.o.b. with freight and full insurance paid by Bidder, to the job site located in Grand Island, Nebraska. The Bidder shall acknowledge receipt of all Addenda in the Bid Data Form. Bids received without acknowledgement or without the Addendum enclosed will be considered informal. Individual unit pricing as listed on the Bid Data Form or supplied as supplemental information may be deemed proprietary information and not be released under a public records request. The total amount of the bid is not considered proprietary information and will be released pursuant to City Procurement Code. 4. SUBMISSION OF BIDS. All Bids must be submitted intact with the correct number of copies no later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Data Form provided herein. Each Bid mailed must be submitted intact in a sealed envelope, so marked as to indicate its contents without being opened, and delivered in person or addressed and mailed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. 5. BID SECURITY. Bids must be accompanied by cash, a certified check, or cashier’s check drawn on a bank which is insured by the Federal Deposit Insurance Corporation, or a bid bond issued by a Surety authorized to issue such bonds in the state where the Work is located, in the amount of 5 percent of the bid amount payable to OWNER. This bid security shall be given as a guarantee that the Bidder will not withdraw their Bid for a period of thirty (30) days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond, each in the full amount of the Contract price, within the time specified. C128641 Page 6 of 38 Grand Island Council Session - 1/28/2020 Page 255 / 518 The Attorney-in-Fact that executes this bond on behalf of the Surety must attach a notarized copy of his/her power of attorney as evidence of his/her authority to bind the Surety on the date of execution of the bond. Where State Statue requires, certification by a resident agent shall also be provided. 6. RETURN OF BID SECURITY. Within fifteen (15) days after the award of the Contract, the OWNER will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. All other retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders’ bonds and guarantees which have been fortified, will be returned to the respective Bidders whose Bids they accompanied. 7. BASIS OF AWARD. The award will be made by the OWNER on the basis of the Bid from the lowest responsive, responsible Bidder which, in the OWNER’s sole and absolute judgment will best serve the interest of the OWNER. All Bids will be considered on the following basis: Delivery time Bid price Cost of installation Suitability to project requirements Conformance with the terms of the Bid Documents Responsibility and qualification of Bidder The OWNER reserves the right to reject all Bids, or any Bid not in conformance with the intent of the Bid Documents, and to waive any informalities and irregularities in said Bids. 8. EXECUTION OF CONTRACT. The successful Bidder shall, within fifteen (15) days after receiving notice of award, sign and deliver to the OWNER the Contract hereto attached together with the acceptable bonds as required in these Bid Documents. Within fifteen (15) days after receiving the signed Contract with acceptable bond(s) from the successful Bidder, the OWNER’s authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. 9. PERFORMANCE AND PAYMENT BONDS. The successful Bidder shall file with the OWNER Performance and Payment Bonds in the full amount (100 percent) of the Contract price, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the Work under this Contract, and to cover all guarantees against defective workmanship or materials, or both, for a period of one (1) year after the date of final acceptance of the Work by the OWNER. The Surety furnishing these bonds shall have a record of service satisfactory to the OWNER, be authorized to do business in the State where the OWNER’s project is located and shall be named on the current list of approved Surety Companies, acceptable on Federal bonds as published by the Audit Staff, Bureau of Accounts, U.S. Treasury Department. The Attorney-in-Fact (Resident Agent) who executes these bonds on behalf of the Surety must attach a notarized copy of his/her power-of-attorney as evidence of his/her authority to bind the Surety on the date of execution of the bond. C128641 Page 7 of 38 Grand Island Council Session - 1/28/2020 Page 256 / 518 10. TIME OF COMPLETION. The time of completion of the Work to be performed under this Contract is the essence of the Contract. The time allowed for the completion of the Work is stated in the Bid Data Form. 11. GRATUITIES AND KICKBACKS. City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. 12. FISCAL YEAR. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. C128641 Page 8 of 38 Grand Island Council Session - 1/28/2020 Page 257 / 518 Contract # Issued: CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between [SUCCESSFUL BIDDER], hereinafter called the Contractor, and the CITY OF GRAND ISLAND, NEBRASKA, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published for BOTTOM ASH AND BOILER INDUSTRIAL CLEANING-SPRING 2020 OUTAGE; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this Contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself, or themselves, and its, his/her, or their successors, as follows: ARTICLE I. That the following documents shall comprise the Contract, and shall together be referred to as the “Agreement” or the “Contract Documents”; 1. This Contract Agreement. 2. City of Grand Island’s Specification for this project. 3. [NAME OF SUCCESSFUL BIDDER] bid signed and dated [DATE OF BID]. In the event of any conflict between the terms of the Contract Documents, the provisions of the document first listed shall prevail. ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract documents as listed in the attached General Specifications, said documents forming the Contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City’s official award of this Contract to the said Contractor, such award being based on the acceptance by the City of the Contractor’s bid; ARTICLE III. That the City shall pay to the Contractor for the performance of the work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of [DOLLAR AMOUNT] ($00.00) for all services, materials, and work covered by and included in the Contract award and designated in the foregoing Article II; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. DRAFT C128641 Page 9 of 38 Grand Island Council Session - 1/28/2020 Page 258 / 518 Contract # Issued: The total cost of the Contract includes: Air Heater Vacuum Hydro-blast Wash Services Services (Firm fixed pricing) (Lump sum-T&M) (Lump sum-T&M) Material $_______________ $_________________ $________________ Labor $_______________ $_________________ $________________ Applicable Sales tax* $_______________ $_________________ $________________ Base Bid $________________ $_________________ $________________ Total $ .00 Contractor Tax Option _____. The State of Nebraska Department of Revenue has determined that building cleaning and maintenance services are taxable on both materials and labor. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. The Contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Contractor. Invoices can to be presented hard copy or via email to billing@giud.com. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the BOTTOM ASH AND BOILER INDUSTRIAL CLEANING-SPRING 2020 OUTAGE. ARTICLE V. That the Contractor shall start work as soon as possible after the Contract is signed and the required bonds and insurance are approved, and that the Contractor shall deliver the equipment, tools, supplies, and materials F.O.B. Platte Generating Station, and complete the work on or before April 30, 2020. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this Contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this Contract, the Contractor and all subcontractors agree not to discriminate in DRAFT C128641 Page 10 of 38 Grand Island Council Session - 1/28/2020 Page 259 / 518 Contract # Issued: hiring or any other employment practice on the basis, of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VII. Gratuities and kickbacks: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. [SUCCESSFUL BIDDER] By____________________________________ Date ____________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By_____________________________________ Date ____________________ Mayor Attest:__________________________________ City Clerk The Contract is in due form according to law and hereby approved. _______________________________________ Date ____________________ Attorney for the City DRAFT C128641 Page 11 of 38 Grand Island Council Session - 1/28/2020 Page 260 / 518 Platte Generating Station / 1035 W. Wildwood Drive / Box 1968 / Grand Island, Nebraska 68802-1968 Phone (308) 385-5496 / FAX (308) 385-5353 R E Q U E S T F O R B I D S - GENERAL SPECIFICATIONS The Bid shall be in accordance with the following and with all attached BID DATA and DETAILED SPECIFICATIONS. All prices are to be furnished and installed FOB, Grand Island, Nebraska. All prices shall be firm, and shall include all sales and use taxes as lawfully assessed under laws and regulations of the State of Nebraska. * If bidder fails to include sales tax in their bid price or takes exception to including sales tax in their bid price, the City will add a 7.5% figure to the bid price for evaluation purposes; however, the City will only pay actual sales tax due. Mailed bids shall include the following on the outside of the mailing envelope: “Bottom Ash and Boiler Industrial Cleaning-Spring 2020 Outage”. All bids submitted by mail must include an original and three copies of the bid. The bid specification and on-line bidding forms are also available at http://www.grand-island.com/business/bids-and-request- for-proposals/bid-calendar under the bid opening date and “Click here for bid document link” through QuestCDN. If submitting through QuestCDN, one original document of the bid is required to be uploaded. No verbal bids will be considered. All sealed bids are due no later than Tuesday, January 7, 2020 at 2:15 p.m. local time. to: Mailing Address: City Clerk Street Address: City Clerk City Hall City Hall P. O. Box 1968 100 E. First Street Grand Island, NE 68802-1968 Grand Island, NE 68801 Bids will be opened at this time in the City Hall City Clerk’s Office located on 1st floor of City Hall. Any bid received after the specified date will not be considered. Bids will be evaluated by the Purchaser based on price, schedule, quality, adherence to schedule, plan and specifications, economy and efficiency of operation, experience and reputation of the bidder, ability, capacity, and skill of the bidder to perform contract required and adaptability of the particular items to the specific use intended. The successful bidder will be required to comply with fair labor standards as required by Nebraska R.R.S.73-102 and comply with Nebraska R.R.S. 48-657 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. Contractor shall maintain a drug free workplace policy. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. The equipment and materials must be new, the latest make or model, unless otherwise specified. Prior to approving the invoice for payment, the City reserves the right to thoroughly inspect and test the equipment to confirm compliance with specifications. Any equipment or material which does not meet the City’s requirements will be returned at vendor’s expense for correction. The invoice will be paid after approval at the next regularly scheduled City Council meeting and occurring after departmental approval of invoice; the City Council typically meets the second and fourth Tuesday of each month. Invoices must be received well in advance of Council date to allow evaluation and processing time. C128641 Page 12 of 38 Grand Island Council Session - 1/28/2020 Page 261 / 518 Platte Generating Station / 1035 W. Wildwood Drive / Box 1968 / Grand Island, Nebraska 68802-1968 Phone (308) 385-5496 / FAX (308) 385-5353 Each bidder shall submit with the bid a certified check, a cashier’s check, or bid bond payable to the City of Grand Island in an amount no less than five percent (5%) of the bid price which shall guarantee good faith on the part of the Bidder and the entering into a contract within fifteen (15) days at the bid price if accepted by the City. Your certified check, cashier's check or bid bond must be submitted in a separate envelope attached to the outside of the envelope containing the bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information and correct number of copies in clearly marked and separate envelopes will result in your bid not being opened or considered. Only surety companies authorized to do business in the State of Nebraska may issue bid bonds. Successful bidder shall comply with the City’s insurance requirements; performance and payment bonds are required for this project as outlined in the Detailed Specifications and Instructions to Bidders. All bids shall be valid for at least thirty (30) working days after the bid deadline for evaluation purposes. All bids must be on the bid form and must be signed and dated to be accepted. If exceptions and/or clarifications are noted to the bid, those exceptions must be fully explained on a separate sheet, clearly marked, and included with the Bid. Any changes that are found made to the original bid specification, other than Owner generated Addendums, would result in your bid not being considered. Please contact Darrell Dorsey at 308-385-5495, for questions concerning this specification. C128641 Page 13 of 38 Grand Island Council Session - 1/28/2020 Page 262 / 518 BOTTOM ASH AND BOILER INDUSTRIAL CLEANING SPRING 2020 OUTAGE DETAILED SPECIFICATION SCOPE: The Contractor shall provide all necessary supervision, materials, equipment, and labor to provide industrial cleaning services at the Platte Generating Station (PGS). This scope will generally consist of an air heater wash, high pressure water blasting and line moling in the bottom ash system and vacuum cleaning throughout the power station. This contract will be awarded to a single prime Contractor for the full scope of services. The Contractor shall provide a qualified Superintendent who shall be responsible for coordinating all aspects of the specified scope of work, including coordination of all work provided by such subcontractors as may be utilized by the prime Contractor and coordination with other work in progress performed by PGS and such other contractors as may be on site. DESCRIPTION: The Platte Generating Station is located at 1035 W. Wildwood Drive, two (2) miles south of Grand Island, Nebraska. The plant entrance is located two (2) miles south of U.S. Highway 34 and 1 ½ miles east of U.S. Highway 281. The Unit 1 steam generator is a tangential fired, natural circulation, superheat/reheat, pulverized coal-fired boiler manufactured by ABB-CE (CE Contract No. 13477). The steam generator produces 765,000 lb/hr (MCR) of steam at 1000 F and 1800 psi which is delivered to a 100,000 kw steam turbine. The unit uses Powder River Basin Coal from various mines in the basin. Vacuum Services: Precipitator Vacuum Cleaning The Contractor shall vacuum all accumulated ash and media from the precipitator, precipitator hoppers, gas outlet and inlet flue areas, and other areas of work performed by the Contractor as described herein and dispose into on-site disposal areas. Any ash which is spilled by the Contractor onto the precipitator building floor or surrounding areas shall be fully cleaned by the Contractor. There are clean-out taps connected to the precipitator hoppers and ash removal lines. Ductwork Vacuum Cleaning Vacuum work in the ducts shall generally consist of removing all ash from all boiler hot air ducts and boiler gas ducts, including: - Air heater air side exit through wind box, to each aux air corner duct, and through each horizontal duct to up to the vertical drop for each mill. - The economizer ash hoppers and economizer gas exit duct work to each of four (4) precipitator inlet ducts and inlet nozzles up to the zig zag inlet distribution plates. - Precipitator outlet plenum to air heater gas inlet. - Air heater gas outlet hoppers. - Flue gas exit duct from the ID fan to the SDA. - One (1) SDA Hopper - Flue gas duct from the SDA to the Fabric Filter. - Six (6) fabric filter Hoppers. C128641 Page 14 of 38 Grand Island Council Session - 1/28/2020 Page 263 / 518 - Fly ash collects on the gas distribution devices, perforated plates and zig zag plates within the inlet and exit transition sections of the precipitator and accumulates on the sloped floors. Whereas all of the distribution plates must be blast cleaned, the contractor shall be responsible for staging and coordinating the vacuum work in these areas accordingly. The inlet and outlet transitions shall have all ash removed and the gas passages of the distribution plates shall be 100% opened and free of ash accumulations. Additional Vacuum Cleaning Areas Additional wet and dry vacuum efforts typically occur during the outage, such as: - Boiler Penthouse floors and dead air spaces in the upper boiler arch. - The cooling tower basin will be cleaned and washed down by plant personnel and the wastewater vacuumed out by the Contractor. - The bottom ash sump pit will be vacuumed out to remove all slag build up from the pit. - The blowdown tank will be power washed and vacuumed out. - Wet vacuum may be needed to assist with the cleaning of the settling tanks Deslagging of Finishing Superheater and Horizontal Superheater During the last boiler inspection, areas of the finishing superheat assemblies showed partial ash build up along in the upper portion of the middle third of the elements. The upper horizontal superheat assemblies also showed partial ash build up within and between the assemblies in the forward, middle third of the section. The contractor shall use manual rodding to remove all material from these elements. This work must be coordinated with others on site so that no others are in the boiler during this cleaning. This will require the Contractor to coordinate with the Owner in determining a specific time to perform the work. The owner will have scaffolding installed half way up the Finishing SH elements by a separate contractor. The cleaning contractor shall provide all required tooling for performing the rodding. One end of the tool shall have a cross member to prevent the tool from falling between the tubes. Such work shall be executed so as to avoid any and all physical damage to the boiler tubes, attachments and other unit components All materials shall be captured immediately below the sections being cleaned through the use of wire mesh to prevent the waste material from migrating to other areas of the boiler. All waste material shall be removed by the Contractor though manual removal and vacuum. This shall include removal of all material from the economizer hoppers and main boiler slag tank. Photos and a drawing of these two areas are provided for reference. 77-1 5/8” OD SH Vert Rear Super Heat Assemblies 86- 1 ¾” OD SH Horiz Rear Upper Assemblies The Contractor shall be responsible for compliance with all safety requirements related to any and all aspects of this work, including but not limited to, worker safety, transportation, recordkeeping and documentation, permits and notifications, storage and disposal. The contractor shall coordinate all such efforts with plant personnel and other work in progress. SDA and Swirler Vane Wash The Spray Dry Absorber and three Swirler Vanes at the top of the SDA periodically get plugged up with lime ash. The Contractor’s hydro blast crew will be tasked with hydro-jetting those vanes. Plant crews will be tasked with fire hosing the inside of the SDA vessel to remove lime ash from the walls. The plant will have a dumpster with a liner located at the bottom of the SDA to catch lime ash and water from these cleaning processes. The Contractor shall vacuum all lime ash and water from the dumpster for disposal on site. C128641 Page 15 of 38 Grand Island Council Session - 1/28/2020 Page 264 / 518 Hydro-blasting Services: The hydro-blasting work areas generally consists of the below listed items. Each area shall be inspected and determined if cleaning is needed by plant personnel. • Settling and surge and pump manifolds on top of dewatering bins. • Upper, middle, and lower dewatering bin screens and tank walls. • Drip pans at bottom of both bins. • Lower dewatering legs. • Bottom ash hopper fluting lines. • Bottom ash hopper water boxes. • Slope flush headers to bottom ash hoppers. • Fan room drains out to manhole. • Bottom ash floor drains to manhole. • Mechanical exhauster room drain. • Low pressure ash sluice line suction and supply lines from pump to building, header at bottom of boiler on seal trough, and before seal trough. • Surge and settling tank sludge return in bottom ash building. • Flushing header at the bottom of the boiler. • Blow down tank drain header to manhole. • Floor drains that are plugged. • Bottom ash sluice line drain to bottom ash sump. • Air heater hot side gas hoppers to manhole (which will need to be done before water blasting air heater). • Manhole by precipitator transformers to surge tank overflow manhole. • Mechanical exhauster room floor drain to bottom ash drains. • Dewatering bin drain lines. • Slope nozzle legs if needed (both hoppers). • Lime auger drop chutes Swirler Vane Wash The Spray Dry Absorber and three Swirler Vanes at the top of the SDA periodically get plugged up with lime ash. The Contractor’s hydro blast crew will be tasked with manually hydro-jetting those vanes and the transition duct above the vanes with lower pressure hand held wands. Access to the vanes is through the SDA inlet duct at the top of the SDA. The plant will have a dumpster with a liner located at the bottom of the SDA to catch lime ash and water from the cleaning process. Tools needed for all of the hydroblast work include but are not limited to: • A minimum of two High pressure, high volume water pumps and blasting systems capable of a minimum 20 gpm at 20,000 psi and of a minimum 100gpm at 10,000 psi, BJV blasting nozzles, 1” pipe nozzle, 6” pipe nozzle, 200’ of blasting hose, supply hose from truck to foot pedal, and shot gun blaster. • Rodding equipment suitable for removal of the ash and slag in designated areas. The Contractor’s pumping equipment shall have the full pressure and flow capabilities required to provide an effective cleaning of the dewatering bins and other hard ash buildups. C128641 Page 16 of 38 Grand Island Council Session - 1/28/2020 Page 265 / 518 Air Heater Wash: The Contractor shall clean all hot, intermediate, and cold end heat transfer (basket) surfaces with high pressure water top down wash, so that all ash deposits are removed. The interior air heater structure, to include the housing, sides, and bottom, shall be water blasted also. The air heater will undergo a full, thorough inspection and maintenance after the wash, requiring all surfaces to be cleaned and free of ash. A 36-hour period from 7am April 29, 2020 to 7pm April 30, 2020 for set up, wash, rinse and tear down is anticipated. The owner shall install scaffolding as required by the Contractor, requiring that the Contractor identify the specific scaffolding requirements by the Morning of April 27, 2020. Any additional hydro equipment required for the air heater wash shall be mobilized by April 28, 2020. All equipment must be removed from the boiler area and either taken off site or relocated to another area of the plant site by 7pm April 30, 2020 in that another contractor will be mobilizing their equipment to that area the following morning for work in the air heater. It is required that bare metal cleanliness is obtained without damage to the baskets or the housing. All wastewater will be removed by drains and directed to the onsite waste pond. The air heater is a vertical post, rotary regenerative air heater, air-to-flue gas heat exchanger manufactured by Ljungstrom Air Preheater Company, Model# 27-VI-90 serial # 6765. manufactured by ABB-CE, Contract No. 13477. It is located in the flue gas path between the precipitator and the induced draft fan, and in the air path between the forced draft fan and wind boxes. Additional specifications are as follows: Drawings of the Air Heater arrangement are available for review at the Platte Generating Station office. The cleaning process shall be continued without interruption so that ash doesn’t solidify. It is expected that the drain lines from the two air heater hoppers will plug-up. The Contractor shall include the work to water blast clean the drains from the air heater hoppers to the first manhole. All the piping is 10” diameter. Approximately 20 feet of piping exists, on each drain, between the hopper outlets and where they wye. A common pipe, approximately 85’ long, exists between this wye and the terminal manhole. Electrical power and water (150psi hydrant) are available at the plant site. The Contractor shall provide all hoses, fittings, adequate standby equipment, and spare parts. Bids shall detail these provisions. REQUIREMENTS: If the Contractor proposes alternative cleaning methods for consideration by the Owner other than as generally described herein for any portion of the work, full and complete descriptions must be included with the bid with separate pricing for the optional utilization of such proposed methods. References where the system has successfully been used must be included. Heating element hot end #24 gauge, 42” deep Heating element intermediate #24 gauge, 36” deep Heating element cold end #18 gauge, 12” deep Radial seals hot end #16 gauge low alloy Radial seals cold end #16 gauge stainless steel Diameter 29’- 6” Rotating speed w/ electric motor 1 – 1.5 rpm Rotating speed w/ air drive Variable, approx. 0.5 rpm Height above grade elevation Approximately 53’ C128641 Page 17 of 38 Grand Island Council Session - 1/28/2020 Page 266 / 518 Bidder is solely responsible for obtaining any and all clarifications to this specification as may be required for the Bidder to submit an accurate and complete bid proposal. NOTE: No ash or diesel fuel will be permitted to be spilled on equipment, structures, plant site grounds, or roads. The contractor shall maintain its equipment in top working condition to eliminate fluid leaks and equipment breakdowns that could delay the progress of the work. The contractor is responsible for having on site the capability to take any and all extraordinary measures to fully contain and clean up any and all leaks from the contractor’s equipment as well as to implement any and all necessary repairs to equipment as required to eliminate and avoid such leaks from further occurrence. The Contractor is responsible for clean up of all spilled ash and any diesel fuel spilled from equipment fueling operations. Upon completion, the Contractor shall leave the premises in a neat and clean condition with respect to his own operation. Contractor will coordinate closely with PGS personnel on execution of all phases of the work and all safety requirements, including but not limited to: - Provide information on all employees arriving at PGS - Lock Out/Tag Out - Confined Space Entry - PGS Equipment Operation, such as fans and dampers - Scheduling sequence of work scope items and related plant system preparations for work execution - Inspections of completed work QUALIFICATIONS: The Contractor shall be a firm specializing in the provision of services as outlined within this scope for large-scale utility precipitators and boilers used in the electric power industry. The Contractor shall substantiate its experience through the submittal of three (3) similar projects’ reference list with the bid. The Contractor will be expected to perform the work without the assistance of Platte Generating Station personnel or tools, and comply with plant safety regulations and equipment lockout/tag out procedures. SUPERINTENDENT: The Contractor shall provide well qualified supervisor(s) and a Job Superintendent who will fully direct all field operations for the duration of the project, serve as liaison to the Owner’s designated representatives, be fully authorized to make any and all decisions affecting the work in the field and coordinate activities between the Contractor and its subcontractors, if any. A summary of the experience of the Superintendent proposed for this project shall be provided with the bid. INSPECTION: All work performed by the contractor will be inspected by the owner’s designated representative or other assigned plant personnel upon notification by the Contractor that the contractor considers that portion of the work completed. The Contractor will be required to re-clean any areas in which bare metal cleanliness was not achieved or ash accumulations remain. SCHEDULES: The PGS 2020 Spring Outage schedule is currently April 23, 2020 through May 7, 2020. Though these dates are fairly firm, they remain subject to change based upon changing conditions relative to the needs of the Grand Island Utility, schedule coordination with other outage work, as well due as outside influences typical of the industry. The overall schedule as related to this base work scope is currently estimated to be executed as follows: 4/23/2020 PGS unit is scheduled to be taken off-line at approximately 10am 4/24/2020 Precipitator is released 24 to 30 hours after the unit is removed from service. Mobilize Vacuum equipment for work to begin morning of 4/25/2020. Mobilize high pressure water hydro-blasting equipment for work to begin 4/25/2020 C128641 Page 18 of 38 Grand Island Council Session - 1/28/2020 Page 267 / 518 4/25/2020 Set up vacuum equipment and begin Vacuum work at cooling tower and accessible boiler areas after 10am. Begin vacuuming precipitator hoppers and designated areas. Set up hydro blasting equipment and hydro blast (2) bottom ash bins. 4/26/2020 Continue with Precipitator Hopper Vacuum work. Dry Vac the duct from the SDA Outlet to the Fabric Filter Inlets and designated areas Hydroblast clean bottom ash system lines 4/27/2020 Dry Vac Precipitator Outlet duct and designated areas. Wet vac under SDA hopper for SDA wash and swirler vane wash. Hydroblast SDA swirler vanes and Slaking system tanks and chutes. 4/28/2020 Rod out and dry vac the Finishing Superheat section of the boiler tubes. Wet vac support on hydroblast work. Hydroblast Settling tank, Surge Tank, Blowdown Tank, drains and lines Hydroblast work to be completed and equipment torn down and all lockout/tag outs and confined space entry permits cleared by the end of the day shift 4/28/2020. All vacuum work to be completed and equipment torn down for demobilization and all lockout/tag outs and confined space entry permits cleared by the end of the day shift 4/28/2020. 4/29/2020-4/30/2020 Set up and perform Air Heater Wash and Rinse on a double shift basis with completion and teardown for demobilization by end of the day shift 4/30/2020. 5/1/2020 Work by Others To accomplish all vacuum work in the time available, two (2) vacuum trucks will be required, working simultaneously during the outage from 4/25/2020 – 4/28/2020, on the 12 hour day shifts only, for a total of forty eight (48) vacuum crew/equipment service hours on each of the two trucks. To accomplish all hydro blasting work in the time available, contractor will use one of the two (2) pump systems at any given time, depending on requirements, during the outage from 4/25/2020 through 4/28/2020, on the 12 hour day shifts only, for a total of forty-eight (48) Hydro crew/equipment service hours. To accomplish Air Heater cleaning work in the time available, contractor will use one of the two (2) pump systems and Air heater Cleaning equipment during the outage from 7am 4/29/2020 through 7pm 4/30/2020, on the 12 hour day and night shifts, for a total of thirty-six (36) Hydro crew/equipment service hours. SAFETY: The Contractor is an Independent Contractor required to follow their OSHA regulations for work in areas that are contaminated with fly ash and for areas that may be considered as confined spaces. NOTE: All contractors must submit with the bid a copy of their OSHA compliant Confined Space Procedure and Respiratory Protection Procedure. The Contractor will be required to provide proof that workers have successfully completed respiratory fit testing and pulmonary function testing and have been trained for confined space entry. The Contractor shall be responsible for compliance with all safety practices as required by the regulatory agencies governing the Contractor’s operations as well as any and all safety requirements of the Contractor’s C128641 Page 19 of 38 Grand Island Council Session - 1/28/2020 Page 268 / 518 organization and shall submit historical evidence of such compliance. All personnel working on site will be required to participate in the plant’s safety orientation prior to performing any work on site at PGS. The plant has an equipment lockout/tag out procedure to prevent the unauthorized starting of motors and the unauthorized movement of valves and dampers. The Contractor is required to use the procedure and add its own locks/tags on top of the plant lock/tags if required. Removal of plant locks/tags is not allowed and is cause for removal from the plant site. OWNER PROVISIONS: Platte Generating Station (PGS) will provide: - An owner’s designated representative for on-site coordination with PGS. - Safety orientation for all contractor employees as related to PGS site safety considerations. - Dumpsters for trash and debris. - Portable toilet facilities with hand wash stations. - Potable water source for contractor’s drinking water containers. - Designated contractor parking on site. - Electrical service connections for job trailers and equipment. - The bottom ash system will be open and inspected by plant personnel for contractor to clean. SITE ENTRY: There is no separate contractor entrance at the Platte Generating Station. There is one gate with a card access security system and the Contractor may request to use access cards to gain entry rather than request entry and exit each trip. There is a $25.00 charge for all access cards that are not returned. SERVICE RATES: The Contractor shall include in the Bid: Air Heater Wash A firm, lump sum fixed price for air heater cleaning services including any and all costs associated with the air heater water blast services portion of the work including, but not limited to, all expenses, equipment, travel and mileage, per diems, labor, mobilization and demobilization, setup and teardown of equipment, subcontractors, tooling and sundries. Vacuum A lump sum, time and material, not to exceed price for two (2) vacuum trucks working simultaneously for forty eight (48) service hours each including any and all costs associated with the Vacuum Cleaning Services portion of the work including, but not limited to, all expenses, equipment, travel and mileage, per diems, labor, mobilization and demobilization, subcontractors, set up and tear down of equipment, supplies and sundries. Daily Time Sheets and job logs must be completed to accurately document the service hours. Separate T&M costs shall be provided that represents the variable cost adjustment for more or fewer service hours from the base 48 hours. Hydro blasting A lump sum, time and material, not to exceed price based on forty eight service (48) hours of all inclusive water blasting services including any and all costs associated with the High Pressure water blast cleaning and line cleaning portion of the work including, but not limited to, all expenses, equipment, travel and mileage, per diems, labor, mobilization and demobilization, subcontractors, supplies and sundries. Daily Time Sheets and job logs must be completed to accurately document the service hours. Separate T&M costs shall be provided that represents the variable cost adjustment for more or fewer service hours from the base 48 hours. Bid Detail Submittal In addition, the bidder shall submit separate detailed breakdowns of the individual bid amounts in the same format as will be used for daily time sheets and ultimately for final billing. The bidder may use the attached spreadsheet format or their own comparable format for the bid detail submittal. C128641 Page 20 of 38 Grand Island Council Session - 1/28/2020 Page 269 / 518 The Air Heater Wash is a firm bid and will not be adjusted for final billing other than for delays caused by the owner. Mobilization and demobilization charges for the vacuum and hydroblast services as submitted with the bid detail will be considered firm and will not be adjusted for final billing. No adjustments will be made for personnel downtime, or equipment downtime resulting from the contractors own scheduling of personnel and equipment, breakdowns or servicing of equipment. No adjustments will be made for additional labor, equipment or expenses incurred in the performance of the specified base scope of work as submitted in the bid detail. T&M Rates The Bid shall also include, as a separate T&M rate attachment, firm unit pricing for all labor, equipment, sundries and expenses reflecting the charges to be used in billing the T&M portions of the work as well as for making any adjustments that may be required for new work scope additions, additional services other than what is required in this specification or reductions in the same. Terms and Conditions Provide all other proposed terms and conditions which will be in effect during the performance of the work as a separate attachment with the bid. Any exceptions the bidder wishes to take regarding the Owners specifications and contract documents must be submitted with the bid, and noted on the Bid Data Form. Time is of the essence in the evaluation of proposals, the execution of contract documents and/or issuance of a Purchase Order for the execution of the work. Submittal of proposals that include terms and conditions unacceptable to the Owner, or that lack the information and clarity required by these specifications may be subject to rejection at the sole discretion of the Owner. A single contract will be awarded for all work included in this specification. Time and Material Accounting Contractor shall be required to maintain accurate job logs and daily time sheets detailing all work performed and expenses incurred in the same format as the bid detail submittal. Daily time sheets shall identify all individuals by name, craft and all hours worked on each portion of the work. Such job logs and time sheets shall accurately account for all man-hours with clear separation and identification of Time, Equipment and Material as required accounting for the actual Vacuum and Hydro-blasting service hours and expenses. The timesheets/logs shall clearly detail the specific work that was accomplished during the shift. These sheets will be presented to the Owner’s representative on a daily basis for review with the Contractor. The Owners representative will sign these documents as a record of receipt and review only. Any corrections that need to be made to such signed documents shall be implemented upon the discovery of the error and both parties shall initial the change made on the form. These records will then serve as record of the work performed and a basis for determining the final billing. The Platte Generating Station is NOT tax exempt and is subject to 7.5% sales tax. See the Nebraska Department of Revenue web site at www.revenue.state.ne.us for contractor's tax information. C128641 Page 21 of 38 Grand Island Council Session - 1/28/2020 Page 270 / 518 PERFORMANCE AND PAYMENT BONDS: The successful Bidder shall file with the OWNER Performance and Payment Bonds in the full amount (100 percent) of the Contract price, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the Work under this Contract, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by the OWNER. The Surety furnishing these bonds shall have a record of service satisfactory to the OWNER, be authorized to do business in the State where the OWNER’s project is located and shall be named on the current list of approved Surety Companies, acceptable on Federal bonds as published by the Audit Staff, Bureau of Accounts, U.S. Treasury Department. The Attorney-in-Fact (Resident Agent) who executes these bonds on behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. INSURANCE: The Contractor shall comply with the attached City’s insurance requirements. CONTACT: Questions regarding this specification may be directed to Darrell Dorsey at the Platte Generating Station, telephone (308) 385-5492. DRAWINGS & SITE INFORMATION: A selection of various drawings have been provided with the bid package for reference only. Additional drawings are available for review at Platte Generating Station office. The Contractor is responsible for making such pre-bid site visits as required to obtain additional details for bidding and execution of the work and for clarification of any questions or concerns the bidder may have related to the work scope and site conditions. ATTACHMENTS: Figure 1 56-107 Inlet 56-109 Outlet 51-001 Boiler Side View 51-251 Air Heater GA 51-1199 Air Heater Rotor Assy SDA Inlet Duct SDA Inlet Elevation SDA Outlet to FF SDA To FF FF Inlet 2020 detail bid_timesheet data C128641 Page 22 of 38 Grand Island Council Session - 1/28/2020 Page 271 / 518 C128641 Page 23 of 38 Grand Island Council Session - 1/28/2020 Page 272 / 518 MINIMUM INSURANCE REQUIREMENTS CITY OF GRAND ISLAND, NEBRASKA The successful bidder shall obtain insurance from companies authorized to do business in Nebraska of such types and in such amounts as may be necessary to protect the Bidder and the interests of the City against hazards or risks of loss as hereinafter specified. This insurance shall cover all aspects of the Bidder's operations and completed operations. Failure to maintain adequate coverage shall not relieve Bidder of any contractual responsibility or obligation. Minimum insurance coverage shall be the amounts stated herein or the amounts required by applicable law, whichever are greater. 1. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY This insurance shall protect the Bidder against all claims under applicable State workers compensation laws. This insurance shall provide coverage in every state in which work for this project might be conducted. The liability limits shall not be less than the following: Workers Compensation Statutory Limits Employers Liability $100,000 each accident $100,000 each employee $500,000 policy limit 2. BUSINESS AUTOMOBILE LIABILITY This insurance shall be written in comprehensive form and shall protect the Bidder, Bidder’s employees, or subcontractors from claims due to the ownership, maintenance, or use of a motor vehicle. The liability limits shall not be less than the following: Bodily Injury & Property Damage $ 500,000 Combined Single Limit 3. COMPREHENSIVE GENERAL LIABILITY The comprehensive general liability coverage shall contain no exclusion relative to explosion, collapse, or underground property. The liability limits shall not be less than the following: Bodily Injury & Property Damage $ 500,000 each occurrence $1,000,000 aggregate 4. UMBRELLA LIABILITY INSURANCE This insurance shall protect the Bidder against claims in excess of the limits provided under employer's liability, comprehensive automobile liability, and commercial general liability policies. The umbrella policy shall follow the form of the primary insurance, including the application of the primary limits. The liability limits shall not be less than the following: Bodily Injury & Property Damage $1,000,000 each occurrence $1,000,000 general aggregate 5. ADDITIONAL REQUIREMENTS The City may require insurance covering a Bidder or subcontractor more or less than the standard requirements set forth herein depending upon the character and extent of the work to be performed by such Bidder or subcontractor. Insurance as herein required shall be maintained in force until the City releases the Bidder of all obligations under the Contract. The Bidder shall provide and carry any additional insurance as may be required by special provisions of these specifications. C128641 Page 24 of 38 Grand Island Council Session - 1/28/2020 Page 273 / 518 6. CERTIFICATE OF INSURANCE Satisfactory certificates of insurance shall be filed with the City prior to starting any work on this Contract. The certificates shall show the City as an additional insured on all coverage except Workers Compensation. The certificate shall state that thirty (30) days written notice shall be given to the City before any policy is cancelled (strike the "endeavor to" wording often shown on certificate forms). If the Bidder cannot have the “endeavor to” language stricken, the Bidder may elect to provide a new certificate of insurance every thirty (30) days during the contract. Bidder shall immediately notify the City if there is any reduction of coverage because of revised limits or claims paid which affect the aggregate of any policy. C128641 Page 25 of 38 Grand Island Council Session - 1/28/2020 Page 274 / 518 C128641 Page 26 of 38 Grand Island Council Session - 1/28/2020 Page 275 / 518 C128641 Page 27 of 38 Grand Island Council Session - 1/28/2020 Page 276 / 518 C128641 Page 28 of 38 Grand Island Council Session - 1/28/2020 Page 277 / 518 C128641 Page 29 of 38 Grand Island Council Session - 1/28/2020 Page 278 / 518 C128641 Page 30 of 38 Grand Island Council Session - 1/28/2020 Page 279 / 518 C128641Page 31 of 38Grand IslandCouncil Session - 1/28/2020Page 280 / 518 C128641Page 32 of 38Grand IslandCouncil Session - 1/28/2020Page 281 / 518 C128641 Page 33 of 38 Grand Island Council Session - 1/28/2020 Page 282 / 518 C128641Page 34 of 38Grand IslandCouncil Session - 1/28/2020Page 283 / 518 C128641Page 35 of 38Grand IslandCouncil Session - 1/28/2020Page 284 / 518 PGS Spring 2020 Outage Bid, Time Sheet and Billing Format Company Vacuum Cleaning - 48 Service Hours in 4, 12 hour shifts unit Qty Rate Total cost Taxes Mobilization Vacuum Truck April 24, 2020 Vacuum Truck Support Truck Support Truck Support Truck Supervisor st ot Operator st ot Laborer st ot Personnel st ot Per diems Milage Other Other Other Totals 48 hrs Daily Charges Vacuum Truck April 25, 2020 thru Vacuum Truck April 28-2020 Support Truck Support Truck Support Truck Supervisor st ot Operator st ot Laborer st ot Personnel st ot Per diems PPE Consumables Other Other Other totals De-Mobilization Vacuum Truck April 29, 2020 Vacuum Truck Support Truck Support Truck Support Truck Supervisor st ot Operator st ot Laborer st ot Personnel st ot Per diems milage C128641 Page 36 of 38 Grand Island Council Session - 1/28/2020 Page 285 / 518 Other Other Other totals Hydro blast Cleaning - 48 Service hours in 4 12 hour shifts units Qty Rate Total cost Taxes Mobilization Pump Trailer/truck April 24, 2020 Pump Trailer/truck Support Truck Support Truck Support Truck Supervisor st ot Operator st ot Laborer st ot Personnel st ot Per diems Other Other Other totals 48 hrs of Daily Charges Pump Trailer/truck April 25, 2020 thru Pump Trailer/truck April 28, 2020 Support Truck Support Truck Support Truck Supervisor st ot Operator st ot Laborer st ot Personnel st ot Per diems PPE Consumables Other Other Other totals De-Mobilization Pump Trailer/truck April 29, 2020 Pump Trailer/truck Support Truck Support Truck Support Truck Supervisor st ot Operator st ot Laborer st ot Personnel st ot Per diems milage C128641 Page 37 of 38 Grand Island Council Session - 1/28/2020 Page 286 / 518 Other Other Other Totals Air Heater Wash April 29-30, 2020 Lump Sum Base Bid Taxes Alternate Bid Taxes C128641 Page 38 of 38 Grand Island Council Session - 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WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published for BOTTOM ASH AND BOILER INDUSTRIAL CLEANING-SPRING 2020 OUTAGE; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this Contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself, or themselves, and its, his/her, or their successors, as follows: ARTICLE I. That the following documents shall comprise the Contract, and shall together be referred to as the “Agreement” or the “Contract Documents”; 1.This Contract Agreement. 2.City of Grand Island’s Specification for this project. 3.Meylan Enterprises, Inc.’s bid signed and dated January 6, 2020. In the event of any conflict between the terms of the Contract Documents, the provisions of the document first listed shall prevail. ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract documents as listed in the attached General Specifications, said documents forming the Contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City’s official award of this Contract to the said Contractor, such award being based on the acceptance by the City of the Contractor’s bid; ARTICLE III. That the City shall pay to the Contractor for the performance of the work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of One Hundred Six Thousand Six Hundred Fifty-Two and 91/100 Dollars ($106,652.91) for all services, materials, and work covered by and included in the Contract award and designated in the foregoing Article II; Grand Island Council Session - 1/28/2020 Page 336 / 518 Contract #2020- Issued: January 28, 2020 payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. The total cost of the Contract includes: Air Heater Vacuum Hydro-blast Wash Services Services (Firm fixed pricing) (Lump sum-T&M) (Lump sum-T&M) Material $ 25,045.00 $ 12,655.00 $ 21,510.00 Labor $ 7,524.00 $ 21,534.00 $ 10,488.00 Adjustment 456.00 Applicable Sales tax* $ 2,442.68 $ 2,564.18 $ 2,399.85 Adjustment 34.20 Base Bid $ 35,011.68 $ 36,753.18 $ 34,888.05 Total $ 106,652.91 Contractor Tax Option 2. The State of Nebraska Department of Revenue has determined that building cleaning and maintenance services are taxable on both materials and labor. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. The Contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Contractor. Invoices can to be presented hard copy or via email to billing@giud.com. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the BOTTOM ASH AND BOILER INDUSTRIAL CLEANING-SPRING 2020 OUTAGE. ARTICLE V. That the Contractor shall start work as soon as possible after the Contract is signed and the required bonds and insurance are approved, and that the Contractor shall deliver the equipment, tools, supplies, and materials F.O.B. Platte Generating Station, and complete the work on or before April 30, 2020. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this Contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this Contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis, of race, color, religion, sex, national origin, Grand Island Council Session - 1/28/2020 Page 337 / 518 Contract #2020- Issued: January 28, 2020 age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VII. Gratuities and kickbacks: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. MEYLAN ENTERPRISES, INC. By____________________________________Date ____________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By_____________________________________Date ____________________ Mayor Attest:__________________________________ City Clerk The Contract is in due form according to law and hereby approved. _______________________________________Date ____________________ Attorney for the City Grand Island Council Session - 1/28/2020 Page 338 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-19 WHEREAS, the City of Grand Island invited sealed bids for Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station – Spring 2020 Outage, according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 7, 2020, bids were received, opened and reviewed; and WHEREAS, Meylan Enterprises, Inc., of Omaha, 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 $106,652.91; and WHEREAS, the bid of Meylan Enterprises, Inc., is less than the estimate for Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station – Spring 2020 Outage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Meylan Enterprises, Inc., in the amount of $106,652.91 for Bottom Ash and Boiler Industrial Cleaning at Platte Generating Station – Spring 2020 Outage, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 339 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-5 #2020-20 - Approving Bid Award - Chimney Repairs 2020 at Platte Generating Station Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/28/2020 Page 340 / 518 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:January 28, 2020 Subject:Chimney Repairs 2020 Presenter(s):Timothy G. Luchsinger, Utilities Director The chimney at the Platte Generating Station has a heat trace system on the top hood of the chimney to reduce the ice buildup and subsequent hazards of ice shedding from the chimney hood. Some of the heat trace has pulled out of its retaining clips and needs to be reattached. The chimney also underwent a Class 1 inspection in 2019. These inspections are performed on a regular basis by both plant personnel and chimney inspection contractors. The overall condition of the chimney was determined to be excellent, requiring only minor repairs and repainting of upper ladders and platforms, as well as, the support steel for the chimney hood. The next outage is scheduled for April of this year. Specifications were developed by the plant staff to provide for the reattachment of the Chimney heat trace and to repaint portions of the ladders and platforms. Discussion The specifications for the Chimney Repairs 2020 were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on January 9, 2020. Specifications were sent to six potential bidders and responses were received as listed below. The engineer’s estimate for this project was $250,000.00. The bids were reviewed by plant management staff. The bid from R & P Industrial Chimney Co. is complete, has no exceptions, is the lowest and best bid and is compliant with specifications. Bidder Base Bid Amount R & P Industrial Chimney Company – Nicholasville, KY $116,350.00 Industrial Access, Inc. – Cumming, GA $139,450.00 International Chimney Corporation, Buffalo, NY $140,915.00 Structural Preservation Systems, LLC – Columbia, MD $141,700.00 Gerard Chimney Company – St. Louis, MO $249,100.00 Grand Island Council Session - 1/28/2020 Page 341 / 518 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the bid of R & P Industrial Chimney Company, of Nicholasville, Kentucky as the low responsive bidder, with a bid in the amount of $116,350.00. Sample Motion Move to approve the bid in the amount of $116,350.00 from R & P Industrial Chimney Company of Nicholasville, Kentucky, for the Chimney Repairs - 2020. Grand Island Council Session - 1/28/2020 Page 342 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:January 9, 2020 at 2:15 p.m. FOR:Chimney Repairs 2020 DEPARTMENT:Utilities ESTIMATE:$250,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:December 12, 2019 NO. POTENTIAL BIDDERS:7 SUMMARY Bidder:R &P Industrial Chimney Co.Gerard Chimney Company Nicholasville, KY St. Louis, MO Bid Security:Merchants Bonding Co.Fidelity & Deposit Company Exceptions:None Noted Bid Price: Material:$ 3,500.00 $ 45,775.00 Labor:$112,850.00 $185,950.00 Sales Tax: N/A_____$ 17,375.00 Total Bid:$116,350.00 $249,100.00 Bidder:Industrial Access, Inc.Structural Preservation Systems, LLC Cumming, GA Columbia, MD Bid Security:Argonaut Insurance Co.Fidelity & Deposit Company Exceptions:None None Bid Price: Material:$ 24,293.00 $ 4,692.00 Labor:$106,939.00 $136,656.10 Sales Tax:$ 8,218.00 $ 351.90 Total Bid:$139,450.00 $141,700.00 Grand Island Council Session - 1/28/2020 Page 343 / 518 Bidder:International Chimney Corporation Buffalo, NY Bid Security:Federal Insurance Company Exceptions:None Bid Price: Material:$ 24,990.00 Labor:$114,380.00 Sales Tax:$ 1,545.00 Total Bid:$140,915.00 cc:Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Darrell Dorsey, PGS Plant Supt. 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WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published for CHIMNEY REPAIRS 2020; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this Contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself, or themselves, and its, his/her, or their successors, as follows: ARTICLE I. That the following documents shall comprise the Contract, and shall together be referred to as the “Agreement” or the “Contract Documents”; 1.This Contract Agreement. 2.City of Grand Island’s Specification for this project. 3.R and P Industrial Chimney Co., Inc.’s bid signed and dated January 7, 2020. In the event of any conflict between the terms of the Contract Documents, the provisions of the document first listed shall prevail. ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract documents as listed in the attached General Specifications, said documents forming the Contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City’s official award of this Contract to the said Contractor, such award being based on the acceptance by the City of the Contractor’s bid; ARTICLE III. That the City shall pay to the Contractor for the performance of the work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of One Hundred Sixteen Thousand Three Hundred Fifty and no/100 Dollars ($116,350.00 for all services, materials, and work covered by and included in the Contract award and designated in the foregoing Article II; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. Grand Island Council Session - 1/28/2020 Page 395 / 518 Contract #2020- Issued: January 28, 2020 The total cost of the Contract includes: Base Bid: Materials$ 3,500.00 Labor 112,850.00 Total $ 116,350.00 Contractor Tax Option The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. The Contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the CHIMNEY REPAIRS 2020. ARTICLE V. That the Contractor shall start work as soon as possible after the Contract is signed and the required bonds and insurance are approved, and that the Contractor shall deliver the equipment, tools, supplies, and materials F.O.B. Platte Generating Station, and complete the work on or before May 5, 2020. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this Contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this Contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis, of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VII. Gratuities and kickbacks: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, Grand Island Council Session - 1/28/2020 Page 396 / 518 Contract #2020- Issued: January 28, 2020 pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. R AND P INDUSTRIAL CHIMNEY CO., INC. By____________________________________Date ____________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By_____________________________________Date ____________________ Mayor Attest:__________________________________ City Clerk The Contract is in due form according to law and hereby approved. _______________________________________Date ____________________ Attorney for the City Grand Island Council Session - 1/28/2020 Page 397 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-20 WHEREAS, the City of Grand Island invited sealed bids for Chimney Repairs – 2020 at Platte Generating Station, according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 9, 2020, bids were received, opened and reviewed; and WHEREAS, R & P Industrial Chimney Company of Nicholasville, Kentucky, 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 $116,350.00; and WHEREAS, the bid of R & P Industrial Chimney Company is less than the estimate for Chimney Repairs – 2020 at Platte Generating Station. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of R & P Industrial Chimney Company in the amount of $116,350.00 for Chimney Repairs – 2020 at Platte Generating Station , is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 398 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-6 #2020-21 - Approving Bid Award - Boiler Inspection and Repair at Platte Generating Station - Spring 2020 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/28/2020 Page 399 / 518 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Interim City Attorney Meeting Date:January 28, 2020 Subject: Boiler Inspection and Repair-Spring 2020 Presenter(s):Timothy G. Luchsinger, Utilities Director Background During the spring outage at Platte Generating Station, the turbine generator receives boiler inspections. The Spring of 2020 outage is currently scheduled for April 23, 2020 through May 7, 2020, during which time inspection and maintenance on the boiler will be performed. This package of work on the boiler includes hydro testing of the boiler with inspection for tube leaks and tube repairs, boiler tube alignment attachment repairs and support for regenerative air heater inspection and repair. Plant engineering staff developed the specifications issued for bids covering this scope of work. Discussion The specifications for the Boiler Inspection and Repair - Spring 2020 were advertised and issued for bid in accordance with the City Purchasing Code. Bids were publicly opened on January 16, 2020. The engineer’s estimate for this project was $125,000.00. Bidder Base Bid Locke AMI – Olathe, Kansas $90,037.00 Hayes Mechanical – LaVista, Nebraska $92,750.00 TEI Construction Services, Inc. – Duncan, South Carolina $92,473.00 The bids were reviewed by Utility Engineering staff. The bid from Locke AMI in the amount of $90,037.00 was found to be compliant with the specification and less than the engineer’s estimate. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve Grand Island Council Session - 1/28/2020 Page 400 / 518 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that Council award the Contract for Boiler Inspection and Repair - Spring 2020, to Locke AMI of Olathe, Kansas, as the low responsive bidder, with the bid in the amount of $90,037.00. Sample Motion Move to approve the bid of $90,037.00 from Locke AMI, for the Boiler Inspection and Repair - Spring 2020, at Platte Generating Station. Grand Island Council Session - 1/28/2020 Page 401 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 16, 2020 at 2:00 p.m. FOR: Boiler Inspection and Repair – Spring 2020 DEPARTMENT: Utilities ESTIMATE: $125,000.00 FUND/ACCOUNT: 520 PUBLICATION DATE: January 3, 2020 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Hayes Mechanical TEiC Construction La Vista, NE Duncan, SC Bid Security: Great American Insurance Company Atlantic Specialty Insurance Company Exceptions: Noted Noted Bid Price: Mobilization/ Demobilization: $ 7,500.00 $35,590.00 Labor: $85,000.00 $55,721.00 Sales Tax: $ 250.00 $ 1,162.00 Total Bid: $92,750.00 $92,473.00 Bidder: Locke AMI Olathe, KS Bid Security: Travelers Casualty and Surety Company of America Exceptions: None Bid Price: Mobilization/ Demobilization: $21,933.00 Labor: $68,104.00 Sales Tax: N/A__ Total Bid: $90,037.00 Grand Island Council Session - 1/28/2020 Page 402 / 518 cc: Tim Luchsinger, Utilities Director Pat Gericke, Utilities Admin. Assist. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Darrell Dorsey, PGS Plant Supt. Karen Nagel, Utility Secretary P2176 Grand Island Council Session - 1/28/2020 Page 403 / 518 Working Together for a Better Tomorrow. Today. BID SPECIFICATION PACKAGE for BOILER INSPECTION AND REPAIR SPRING 2020 C 128702 Bid Opening Date/Time Thursday, January 16, 2020 @ 2:00 p.m. (local time) City of Grand Island, City Hall 100 East 1st Street, P.O. Box 1968 Grand Island, NE 68802-1968 Contact Information Darrell Dorsey City of Grand Island – Utilities Department Platte Generating Station 308/385-5496 Date issued: January 3, 2020 Grand Island Council Session - 1/28/2020 Page 404 / 518 ADVERTISEMENT TO BIDDERS FOR BOILER INSPECTION AND REPAIR – SPRING 2020 FOR CITY OF GRAND ISLAND, NEBRASKA Sealed bids for Boiler Inspection and Repair-Spring 2020 will be received at the office of the City Clerk, 100 E. First Street, P.O. Box 1968, Grand Island, Nebraska 68802, until Thursday, January 16, 2020 at 2:00 p.m. local time, FOB the City of Grand Island, freight prepaid. Bids will be publicly opened at this time in the Grand Island City Hall City Clerk’s Office located on 1st floor of City Hall. Submit an original and three copies if submitting by mail. Bid package and any Addendas are also available on-line at www.grand-island.com under Business-Bids and Request for Proposals-Bid Calendar under the bid opening date. Bidding documents, plans and specifications for use in preparing bids may be downloaded from the QuestCDN website www.QuestCDN.com for a $30.00 fee. Submitting through QuestCDN requires one original document of the bid to be uploaded. Bids received after the specified time will not be considered. The successful bidder will be required to comply with fair labor standards as required by Nebraska R.R.S.73-102 and comply with Nebraska R.R.S. 48-657 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. Successful bidder shall maintain a drug free workplace policy. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Each bidder shall submit with the bid a certified check, a cashiers check, or bid bond payable to the City of Grand Island in an amount no less than five percent (5%) of the bid price which shall guarantee good faith on the part of the bidder and the entering into a contract within fifteen (15) days at the bid price if accepted by the City. Your certified check, cashiers check or bid bond must be submitted in a separate envelope attached to the outside of the envelope containing the bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information and correct number of copies in clearly marked and separate envelopes will result in your bid not being opened or considered. Only surety companies authorized to do business in the State of Nebraska may issue bid bonds. Bids will be evaluated by the Purchaser based on price, schedule, quality, adherence to schedule, plan and specifications, economy and efficiency of operation, experience and reputation of the bidder, ability, capacity, and skill of the bidder to perform contract required and adaptability of the particular items to the specific use intended. The Purchaser reserves the right to reject any or all bids, to waive irregularities therein, and to accept whichever bid that may be in the best interest of the City, at its sole discretion. No bidder may withdraw his/her bid for a period of thirty (30) days after date of bid opening. RaNae Edwards, City Clerk Advertised C128702 Page 2 of 20 Grand Island Council Session - 1/28/2020 Page 405 / 518 (All bids must be submitted on this form) BOILER INSPECTION AND REPAIR – SPRING 2020 BID DATA FORM CITY OF GRAND ISLAND GRAND ISLAND, NE The undersigned Bidder, having examined all specifications and other bidding documents, and all addenda thereto, and being acquainted with and fully understanding all conditions relative to the specified materials and equipment, hereby proposes to provide labor, equipment, materials and supervision on a time and material basis to support the inspection and repair of generator components and auxiliary equipment as needed during the Spring Outage that is currently scheduled for April 23, 2020 through May 7, 2020, FOB the City of Grand Island, freight prepaid, at the following price: ITEM DESCRIPTION EXTENDED COST Base Bid: Mobilization/Demobilization $ ___________________________ Labor (T&M) $ ___________________________ Applicable Sales tax* $ ___________________________ Total Base Bid $ ___________________________ * If bidder fails to include sales tax in their bid price or takes exception to including sales tax in their bid price, the City will add a 7.5% figure to the bid price for evaluation purposes; however, the City will only pay actual sales tax due. Exceptions Noted - Bidder acknowledges there are Exceptions and/or Clarifications noted to the above bid, and those exceptions are fully explained on a separate sheet, clearly marked, and included with the Bid. ___________________________________________________________________________________ Bidder Company Name Date ___________________________________________________________________________________Company Address City State Zip ___________________________________________________________________________________ Print Name of Person Completing Bid Signature Email:_______________________________________ Telephone No.___________________________ According to Nebraska Sales and Use Tax Requirements, Section 1-017, Contractors, check which option you have selected to file with the Nebraska Department of Revenue: Nebraska law provides a sales and use tax exemption on contractor labor charges for the construction, repair, or annexation of any structure used for the generation, transmission, or distribution of electricity. Separately stated contractor labor would be exempt, all materials are taxable according to the contractor's option. Option 1 (Section 1-017.05)_____ Option 2 (Section 1-017.06)_____ Option 3 (Section 1-017.07)_____ If the Nebraska sales and use tax election is not filed or noted above, the contractor will be treated as a retailer under Option 1 for sales and use tax purposes. By checking this box, Bidder acknowledges the specified completion date of the project is May 4, 2020. C128702 Page 3 of 20 Grand Island Council Session - 1/28/2020 Page 406 / 518 By checking this box, Bidder acknowledges that Addenda Number(s) ______ were received and considered in Bid preparation. Note: If Bidder supplies individual unit pricing information as supplemental pricing to the base material and labor cost above, said individual pricing is proprietary information and should not be released under a public records request. The total base bid is not considered proprietary information and will be released pursuant to City Procurement Code. Any exceptions the bidder wishes to take regarding the Owners specifications and/or contract documents must be submitted with the bid, and noted above under “Exceptions Noted”. Time is of the essence in the evaluation of proposals, the execution of contract documents for the execution of the work. Submittal of proposals that include terms and conditions unacceptable to the Owner, or that lack the information and clarity required by these specifications may be subject to rejection at the sole discretion of the Owner. C128702 Page 4 of 20 Grand Island Council Session - 1/28/2020 Page 407 / 518 CHECKLIST FOR BID SUBMISSION FOR BOILER INSPECTION AND REPAIR – SPRING 2020 Bids must be received by the City Clerk before 2:00 p.m. on Thursday, January 16, 2020. The following items must be completed for your bid to be considered.  Submittal of bid documents:  Option 1 – Mailing: A signed original and three (3) copies of the bidding documents. Failure to submit the correct number of copies may result in your bid not being considered.  Note: Your certified check, cashiers check or bid bond should be clearly marked in a separate envelope attached to the signed original bid.  Option 2 – QuestCDN (online): Purchase the bid specification through QuestCDN at their $30.00 fee. Upload the signed original of the Bid Data Form, along with any supporting material required to meet the bid specification through QuestCDN. Upload your bid bond online through QuestCDN. Bidders using Certified check or Cashiers’ Check must mail said check to the office of the City Clerk no later than the scheduled bid opening date and time and clearly marked with the project name.  Bidders must complete and sign the Bid Data Form provided in these Documents. All blank spaces must be filled in. Bidders shall acknowledge receipt of any Addenda information on the Bid Data Form.  Selection of Nebraska Sales Tax Option. If the Nebraska sales and use tax election is not filed or noted above, the Contractor will be treated as a retailed under Option 1 for sales and use tax purposes.  A reference list of at least three (3) projects of similar scope and complexity, including a description, name and phone contact.  A summary of the experience of the Superintendent proposed for this project.  A list of subcontractor’s names and references.  A copy of the Contractor’s R stamp.  Firm lump sum pricing; firm unit pricing in case adjustments are necessary, and breakout of sales tax pricing.  A proposed construction/test schedule.  A description of the standard terms and conditions which will be in effect during the project.  Exceptions to the specification or Owner’s Contract Document.  Acknowledgment of Addenda Number(s) . Please check off each item as completed to ensure compliance. If you have any questions, please feel free to contact our office prior to the bid opening date/time. C128702 Page 5 of 20 Grand Island Council Session - 1/28/2020 Page 408 / 518 INSTRUCTIONS TO BIDDERS 1. GENERAL INFORMATION. The following instructions outline the procedure for preparing and submitting Bids. Bidders must fulfill all requirements as specified in these Documents. 2. TYPE OF BID. Bidders shall be required to submit prices for all items listed in the Bid Data Form. 3. PREPARATION OF BIDS. Bidders shall use only the Bid Data Form provided in these Documents. All blank spaces in the Bid Data Form must be filled in, preferably in BLACK ink, in both words and figures where required. No changes to the wording or content of the forms is permitted. Written amounts shall govern in case of discrepancy between the amounts stated in writing and the amounts stated in figures. Prices stated shall be f.o.b. with freight and full insurance paid by Bidder, to the job site located in Grand Island, Nebraska. The Bidder shall acknowledge receipt of all Addenda in the Bid Data Form. Bids received without acknowledgement or without the Addendum enclosed will be considered informal. Individual unit pricing as listed on the Bid Data Form or supplied as supplemental information may be deemed proprietary information and not be released under a public records request. The total amount of the bid is not considered proprietary information and will be released pursuant to City Procurement Code. 4. SUBMISSION OF BIDS. All Bids must be submitted intact with the correct number of copies no later than the time prescribed, at the place, and in the manner set forth in the ADVERTISEMENT FOR BIDS. Bids must be made on the Bid Data Form provided herein. Each Bid mailed must be submitted intact in a sealed envelope, so marked as to indicate its contents without being opened, and delivered in person or addressed and mailed in conformance with the instructions in the ADVERTISEMENT FOR BIDS. 5. BID SECURITY. Bids must be accompanied by cash, a certified check, or cashier’s check drawn on a bank which is insured by the Federal Deposit Insurance Corporation, or a bid bond issued by a Surety authorized to issue such bonds in the state where the Work is located, in the amount of 5 percent of the bid amount payable to OWNER. This bid security shall be given as a guarantee that the Bidder will not withdraw their Bid for a period of thirty (30) days after bid opening, and that if awarded the Contract, the successful Bidder will execute the attached Contract and furnish a properly executed Performance Bond and Payment Bond, each in the full amount of the Contract price, within the time specified. C128702 Page 6 of 20 Grand Island Council Session - 1/28/2020 Page 409 / 518 The Attorney-in-Fact that executes this bond on behalf of the Surety must attach a notarized copy of his/her power of attorney as evidence of his/her authority to bind the Surety on the date of execution of the bond. Where State Statue requires, certification by a resident agent shall also be provided. 6. RETURN OF BID SECURITY. Within fifteen (15) days after the award of the Contract, the OWNER will return the bid securities to all Bidders whose Bids are not to be further considered in awarding the Contract. All other retained bid securities will be held until the Contract has been finally executed, after which all bid securities, other than Bidders’ bonds and guarantees which have been fortified, will be returned to the respective Bidders whose Bids they accompanied. 7. BASIS OF AWARD. The award will be made by the OWNER on the basis of the Bid from the lowest responsive, responsible Bidder which, in the OWNER’s sole and absolute judgment will best serve the interest of the OWNER. All Bids will be considered on the following basis: Delivery time Bid price Cost of installation Suitability to project requirements Conformance with the terms of the Bid Documents Responsibility and qualification of Bidder The OWNER reserves the right to reject all Bids, or any Bid not in conformance with the intent of the Bid Documents, and to waive any informalities and irregularities in said Bids. 8. EXECUTION OF CONTRACT. The successful Bidder shall, within fifteen (15) days after receiving notice of award, sign and deliver to the OWNER the Contract hereto attached together with the acceptable bonds as required in these Bid Documents. Within fifteen (15) days after receiving the signed Contract with acceptable bond(s) from the successful Bidder, the OWNER’s authorized agent will sign the Contract. Signature by both parties constitutes execution of the Contract. 9. PERFORMANCE AND PAYMENT BONDS. The successful Bidder shall file with the OWNER Performance and Payment Bonds in the full amount (100 percent) of the Contract price, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the Work under this Contract, and to cover all guarantees against defective workmanship or materials, or both, for a period of one (1) year after the date of final acceptance of the Work by the OWNER. The Surety furnishing these bonds shall have a record of service satisfactory to the OWNER, be authorized to do business in the State where the OWNER’s project is located and shall be named on the current list of approved Surety Companies, acceptable on Federal bonds as published by the Audit Staff, Bureau of Accounts, U.S. Treasury Department. The Attorney-in-Fact (Resident Agent) who executes these bonds on behalf of the Surety must attach a notarized copy of his/her power-of-attorney as evidence of his/her authority to bind the Surety on the date of execution of the bond. C128702 Page 7 of 20 Grand Island Council Session - 1/28/2020 Page 410 / 518 10. TIME OF COMPLETION. The time of completion of the Work to be performed under this Contract is the essence of the Contract. The time allowed for the completion of the Work is stated in the Bid Data Form. 11. GRATUITIES AND KICKBACKS. City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. 12. FISCAL YEAR. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. C128702 Page 8 of 20 Grand Island Council Session - 1/28/2020 Page 411 / 518 Contract # Issued: CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between [SUCCESSFUL BIDDER], hereinafter called the Contractor, and the CITY OF GRAND ISLAND, NEBRASKA, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published for BOILER INSPECTION AND REPAIR-SPRING 2020; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this Contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself, or themselves, and its, his/her, or their successors, as follows: ARTICLE I. That the following documents shall comprise the Contract, and shall together be referred to as the “Agreement” or the “Contract Documents”; 1. This Contract Agreement. 2. City of Grand Island’s Specification for this project. 3. [NAME OF SUCCESSFUL BIDDER] bid signed and dated [DATE OF BID]. In the event of any conflict between the terms of the Contract Documents, the provisions of the document first listed shall prevail. ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract documents as listed in the attached General Specifications, said documents forming the Contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City’s official award of this Contract to the said Contractor, such award being based on the acceptance by the City of the Contractor’s bid; ARTICLE III. That the City shall pay to the Contractor for the performance of the work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of [DOLLAR AMOUNT] ($00.00) for all services, materials, and work covered by and included in the Contract award and designated in the foregoing Article II; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. DRAFT C128702 Page 9 of 20 Grand Island Council Session - 1/28/2020 Page 412 / 518 Contract # Issued: The total cost of the Contract includes: Base Bid: Mobilization/Demobilization $ .00 Labor (T&M) .00 Sales Tax (if any) .00 Total Base Bid $ .00 Option ___ Contractor The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. The Contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the BOILER INSPECTION AND REPAIR-SPRING 2020. ARTICLE V. That the Contractor shall start work as soon as possible after the Contract is signed and the required bonds and insurance are approved, and that the Contractor shall deliver the equipment, tools, supplies, and materials F.O.B. Platte Generating Station, and complete the work on or before May 4, 2020. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this Contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this Contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis, of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VII. Gratuities and kickbacks: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, DRAFT C128702 Page 10 of 20 Grand Island Council Session - 1/28/2020 Page 413 / 518 Contract # Issued: rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. [SUCCESSFUL BIDDER] By____________________________________ Date ____________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By_____________________________________ Date ____________________ Mayor Attest:__________________________________ City Clerk The Contract is in due form according to law and hereby approved. _______________________________________ Date ____________________ Attorney for the City DRAFT C128702 Page 11 of 20 Grand Island Council Session - 1/28/2020 Page 414 / 518 Platte Generating Station / 1035 W. Wildwood Drive / Box 1968 / Grand Island, Nebraska 68802-1968 Phone (308) 385-5496 / FAX (308) 385-5353 R E Q U E S T F O R B I D S - GENERAL SPECIFICATIONS The Bid shall be in accordance with the following and with all attached BID DATA and DETAILED SPECIFICATIONS. All prices are to be furnished and installed FOB, Grand Island, Nebraska. All prices shall be firm, and shall include all sales and use taxes as lawfully assessed under laws and regulations of the State of Nebraska. * If bidder fails to include sales tax in their bid price or takes exception to including sales tax in their bid price, the City will add a 7.5% figure to the bid price for evaluation purposes; however, the City will only pay actual sales tax due. Mailed bids shall include the following on the outside of the mailing envelope: “Boiler Inspection and Repair-Spring 2020”. All bids submitted by mail must include an original and three copies of the bid. The bid specification and on-line bidding forms are also available at http://www.grand-island.com/business/bids- and-request-for-proposals/bid-calendar under the bid opening date and “Click here for bid document link” through QuestCDN for a $30.00 fee. If submitting through QuestCDN, one original document of the bid is required to be uploaded. No verbal bids will be considered. All sealed bids are due no later than Thursday, January 16, 2020 at 2:00 p.m. local time. to: Mailing Address: City Clerk Street Address: City Clerk City Hall City Hall P. O. Box 1968 100 E. First Street Grand Island, NE 68802-1968 Grand Island, NE 68801 Bids will be opened at this time in the City Hall City Clerk’s Office located on 1st floor of City Hall. Any bid received after the specified date will not be considered. Bids will be evaluated by the Purchaser based on price, schedule, quality, adherence to schedule, plan and specifications, economy and efficiency of operation, experience and reputation of the bidder, ability, capacity, and skill of the bidder to perform contract required and adaptability of the particular items to the specific use intended. The successful bidder will be required to comply with fair labor standards as required by Nebraska R.R.S.73- 102 and comply with Nebraska R.R.S. 48-657 pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. Contractor shall maintain a drug free workplace policy. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. C128702 Page 12 of 20 Grand Island Council Session - 1/28/2020 Page 415 / 518 Platte Generating Station / 1035 W. Wildwood Drive / Box 1968 / Grand Island, Nebraska 68802-1968 Phone (308) 385-5496 / FAX (308) 385-5353 The equipment and materials must be new, the latest make or model, unless otherwise specified. Prior to approving the invoice for payment, the City reserves the right to thoroughly inspect and test the equipment to confirm compliance with specifications. Any equipment or material which does not meet the City’s requirements will be returned at vendor’s expense for correction. The invoice will be paid after approval at the next regularly scheduled City Council meeting and occurring after departmental approval of invoice; the City Council typically meets the second and fourth Tuesday of each month. Invoices must be received well in advance of Council date to allow evaluation and processing time. Each bidder shall submit with the bid a certified check, a cashier’s check, or bid bond payable to the City of Grand Island in an amount no less than five percent (5%) of the bid price which shall guarantee good faith on the part of the Bidder and the entering into a contract within fifteen (15) days at the bid price if accepted by the City. Your certified check, cashier's check or bid bond must be submitted in a separate envelope attached to the outside of the envelope containing the bid. Each envelope must be clearly marked indicating its contents. Failure to submit the necessary qualifying information and correct number of copies in clearly marked and separate envelopes will result in your bid not being opened or considered. Only surety companies authorized to do business in the State of Nebraska may issue bid bonds. Successful bidder shall comply with the City’s insurance requirements; performance and payment bonds are required for this project as outlined in the Detailed Specifications and Instructions to Bidders. All bids shall be valid for at least thirty (30) working days after the bid deadline for evaluation purposes. All bids must be on the bid form and must be signed and dated to be accepted. If exceptions and/or clarifications are noted to the bid, those exceptions must be fully explained on a separate sheet, clearly marked, and included with the Bid. Any changes that are found made to the original bid specification, other than Owner generated Addendums, would result in your bid not being considered. Please contact Darrell Dorsey at 308-385-5492, for questions concerning this specification. C128702 Page 13 of 20 Grand Island Council Session - 1/28/2020 Page 416 / 518 BOILER INSPECTION AND REPAIR SPRING 2020 DETAILED SPECIFICATION I. SCOPE: This work will generally consist of providing labor, equipment, materials and supervision on a time and material basis to support the inspection and repair of generator components and auxiliaries equipment as needed during the Spring Outage, currently scheduled April 23, 2020 through May 7, 2020. Such work may consist of: - Hydro testing of the boiler with inspection for tube leaks - Boiler tube repairs - Boiler tube surface preparation for UT inspection by others - Installation of tube shields - Repair of boiler tube alignment attachments - Removal of baffle plates in the economizer - Weld repair of cracks in boiler plate steel - Installation of test ports on the economizer exit duct - Support for regenerative air heater inspection and repair II. OTHER WORK IN PROGRESS: Under separate contracts, there will be numerous other contractors on site for the provision of other repair services. Some of primary contracts include: - Precipitator cleaning with explosive charges April 24th. Will continue April 25th if needed, - Industrial cleaning in the boiler, bottom ash systems, duct work and spray dry absorber with hydro blasting equipment, grit blasting and vacuum trucks will be performed April 25th-28th. - Safety valve overhauls and replacements on the main boiler and on auxiliary equipment throughout the facility. - Chimney repairs and structural painting. - Air Heater wash April 29th through April 30th. - Air heater inspections and repairs May 1-4. The Contractor shall cooperate with the Owner’s representatives and other contractors on site in maintaining individual work areas, laydown and staging areas, break areas and parking areas so as to minimize interference with one another’s work efforts. The Contractor shall attend periodic joint scheduling meetings to enhance communications and coordination amongst the various Contractors on site. The Owner anticipates locating tooling and equipment for boiler work under this specification on the ground level below the boiler inside the plant and throughout all levels of the main boiler and adjacent platforms. A staging and laydown area will be provided at the ground level immediately outside the southeast corner of the unit. A break area will be provided inside the plant on the second floor. III. DESCRIPTION: The Platte Generating Station is located at 1035 W. Wildwood Drive, two miles south of Grand Island, Nebraska. The Unit 1 steam generator is a natural circulation, superheat/reheat, pulverized coal-fired boiler manufactured by ABB-CE (CE Contract No. 13477). The steam generator produces 765,000 lb/hr (MCR) of steam at 1000 F and 1800 psi which is delivered to a 100,000 kw steam turbine. Steam generator auxiliary equipment includes a vertical rotor, Ljungstrom regenerative air heater (type 27-VI-90), a United Conveyor water impounded “W” type bottom ash storage hopper, and four CE-Raymond pulverizers (type 683 RS). C128702 Page 14 of 20 Grand Island Council Session - 1/28/2020 Page 417 / 518 IV. INSPECTIONS AND REPAIRS: The Contractor shall perform the following inspections and repairs to the boiler and auxiliaries. A. Inspections: The Contractor shall perform the inspections and tube UT inspection preparations as soon as possible so that any problem areas discovered can be evaluated and repaired as required. 1. Conduct a thorough visual inspection of the accessible tube shields, hangers, alignment bars and boiler tubing along all retract sootblower paths to identify any repairs needed. Specifically identify sootblower and ash erosion damage in the 1st, 2nd, 3rd and 4th tubes in from each sootblower to such extent as feasible. 2. Clean the tube surfaces in all areas identified for UT inspection during the visual inspection. 3. Inspect the Penthouse and all dead air spaces for casing cracks. B. Non-Pressure Component Repairs: Review all repair recommendations with the Owner’s representative to determine scopes of repair based on inspection results. Contractor shall perform all repairs authorized by the Owner, including but not limited to: 1. Replace tube shields that are missing. Tube shields will be furnished by the City. 2. Repair damaged alignment bars. 3. Repair dislodged spacer bars. 4. Repair the casing cracks in the penthouse and dead air spaces. 5. All other non-pressure component repairs identified and authorized by the Owner. 6. The Contractor will receive approval from the City’s representative for these repairs prior to starting, shall track all repairs and hours, and report status and hours to the City representative daily. C. Pressure Part Repairs: Contractor shall review all recommendations for pressure part repairs with the Owner’s Representative. Those repairs authorized by the Owner will be performed by the Contractor who shall track all repairs and hours, and report status and hours to the City representative daily. V. MATERIALS, EQUIPMENT, AND SERVICES PROVIDED BY THE CITY: The City shall provide the materials mentioned, including all tubing, tube shields and clips, electrical power and electrical connections, and a drinking water source. The Owner shall provide temporary, portable restroom facilities. VI. MATERIALS, EQUIPMENT, AND SERVICES PROVIDED BY THE CONTRACTOR: The Contractor shall provide required hand tools, hoists, chain falls, cutting torches and gases, welding machines, welding leads and consumables, and all other equipment and materials necessary to completely perform the work. V. QUALIFICATIONS: The Contractor shall be a firm specializing in the installation, overhaul, repair, and maintenance of steam generating equipment used in the power generation industry. The Contractor shall be capable of fully performing the work without the assistance of City personnel, except as required for the City to identify specific repair locations. A reference list of projects of similar scope and complexity shall be provided with the bid. The Contractor shall possess a valid ASME “R” stamp and valid welding procedures as typical for utility boilers and as specifically required for welds required in these specifications. All welders shall be certified as required for the work performed and the certification documents shall be available to review at the job site. Prior to award, the Contractor shall submit procedures for all welding required in this specification to the City for review. VI. FIELD SUPERVISION: The Contractor shall provide an on-site Superintendent to direct the work. The Superintendent shall be thoroughly familiar with Combustion Engineering tangential boilers and auxiliary equipment, and had previous experience with projects of similar scope. A summary of the experience of the Superintendent proposed for the project shall be provided. C128702 Page 15 of 20 Grand Island Council Session - 1/28/2020 Page 418 / 518 VII. SAFETY: The Contractor shall be responsible for compliance with all safety practices as required by the regulatory agencies governing the Contractor’s operations as well as any and all safety requirements of the Contractor’s organization and shall submit historical evidence of such compliance. All personnel working on site will be required to participate in the plant’s safety orientation prior to performing any work on site at PGS and comply with plant safety requirements. The plant has an equipment lockout/tag out procedure to prevent the unauthorized starting of motors and the unauthorized movement of valves and dampers. The Contractor is required to use the procedure and add its own locks/tags on top of the plant lock/tags if required. Removal of plant locks/tags is not allowed and is cause for removal from the plant site. IX. SCHEDULE: It is expected that the boiler will be removed from service on April 23rd and hydro tested on April 24th. These dates are not guaranteed and remain subject to adjustment based on the needs of the utility. The access to the boiler may be limited at times during the first week of the outage due to other work. The Contractor shall coordinate all work in advance with the Owner. The Contractor shall complete all work by May 4, 2020, to allow the owner to fire the unit in preparation for return to service. There is no separate contractor entrance at the Platte Generating Station. There is one gate with a card access security system and the Contractor may request to use access cards to gain entry rather than request entry and exit each trip. There is a $25.00 charge for each access card that is not returned. X. SERVICE RATES: The Contractor shall provide lump sum T&M not-to-exceed pricing for the scope as specified with a breakout of separate lump sum pricing for each of: 1 - Firm price for all Mobilization, Demobilization, Tools, Equipment, supplies, PPE, expendables, supervision and project management, overhead , fixed costs and expenses. 2 – A Lump sum T&M cost of labor for one crew working 10 hours per day April 24-May 4, 2020. For bidding purposes, the crew shall consist of 1 Superintendent, 1 BM General Forman and 3 BM Journeymen. 3- Provide T&M rate sheets that are the basis of the costs above and which will further be used for all billing, including all modifications to the labor crew required during the performance of the work. The Platte Generating Station is NOT tax exempt and is subject to 7.5% sales tax. See the Nebraska Department of Revenue web site at www.revenue.state.ne.us for contractor's tax information. XI. SUBMITTALS REQUIRED: A. Contractor shall submit the following documentation for review with the bid: 1. References for at least three (3) projects of a similar scope and for a similar size unit, including a description, name, and phone contact. 2. Subcontractor's names and reference lists. 3. Copy of Contractor’s R stamp. 4. Superintendent’s experience summary. 5. Pricing 6. Firm T&M Unit prices for additions or reductions to the bid labor hours included in the lump sum price, and for any other work added to the project for miscellaneous repairs. 7. Provide all other standard terms and conditions which will be in effect during the project. 8. Any exceptions the bidder wishes to take regarding the Owners specifications and contract documents must be submitted with the bid, and noted on the Bid Data Form. Time is of the essence in the evaluation of proposals, the execution of contract documents and/or issuance of a Purchase Order for the execution of the work. Submittal of proposals that include terms and conditions C128702 Page 16 of 20 Grand Island Council Session - 1/28/2020 Page 419 / 518 unacceptable to the Owner, or that lack the information and clarity required by these specifications may be subject to rejection at the sole discretion of the Owner. XII. SITE CONTACT: All bidders shall have visited the site prior to bidding to familiarize themselves with site conditions affecting the work. To arrange a site visit or for any questions regarding this specification, contact Darrell Dorsey at 308-385-5492 or email ddorsey@giud.com. XIV. INSURANCE: The Contractor shall comply with the attached Insurance Requirements XIV. PERFORMANCE AND PAYMENT BONDS: The successful Bidder shall file with the OWNER Performance and Payment Bonds in the full amount (100 percent) of the Contract price, as security for the faithful performance of the Contract and the payment of all persons supplying labor and materials for the Work under this Contract, and to cover all guarantees against defective workmanship or materials, or both, for a period of 1 year after the date of final acceptance of the Work by the OWNER. The Surety furnishing these bonds shall have a record of service satisfactory to the OWNER, be authorized to do business in the State where the OWNER’s project is located and shall be named on the current list of approved Surety Companies, acceptable on Federal bonds as published by the Audit Staff, Bureau of Accounts, U.S. Treasury Department. The Attorney-in-Fact (Resident Agent) who executes these bonds on behalf of the Surety must attach a notarized copy of his power-of-attorney as evidence of his authority to bind the Surety on the date of execution of the bond. XV. Time and Material Accounting: Contractor shall be required to maintain accurate job logs and daily time sheets detailing all work performed and expenses incurred in the same format as the bid detail submittal for T&M work. Daily time sheets shall identify all individuals by name, craft and all hours worked on each portion of the work. Such job logs and time sheets shall accurately account for all man-hours with clear separation and identification of Time, equipment and Material as required accounting for the actual work hours and expenses. The timesheets/logs shall clearly detail the specific work that was accomplished during the shift. These sheets will be presented to the Owner’s representative on a daily basis for review with the Contractor. The Owners representative will sign these documents as a record of receipt and review only. Any corrections that need to be made to such signed documents shall be implemented upon the discovery of the error and both parties shall initial the change made on the form. These records will then serve as record of the work performed and a basis for determining the final billing. C128702 Page 17 of 20 Grand Island Council Session - 1/28/2020 Page 420 / 518 R E Q U E S T F O R B I D S - S I T E C O N D I T I O N S BOILER INSPECTION AND REPAIR SPRING 2020 Site Visit: Bidders shall visit the site in order to inform themselves of the conditions under which the work is to be performed, concerning the site of the work, the nature of the existing facilities, the obstacles which may be encountered, the sequence of the work, and all other relevant matters concerning the work to be performed. No extra compensation shall be allowed by reason of the failure of such bidder to fully inform themselves of said site conditions prior to the bidding. The Contractor shall employ, so far as possible, such methods and means in the carrying out of their work as will not cause any interruption or interference with the City’s operations and any other contractors. A site visit may be arranged by contacting Darrell Dorsey at (308) 385-5492 or ddorsey@giud.com. Platte Generating Station / 1035 W. Wildwood Drive / Box 1968 / Grand Island, Nebraska 68802-1968 Phone (308) 385-5496 / FAX (308) 385-5353 C128702 Page 18 of 20 Grand Island Council Session - 1/28/2020 Page 421 / 518 MINIMUM INSURANCE REQUIREMENTS CITY OF GRAND ISLAND, NEBRASKA The successful bidder shall obtain insurance from companies authorized to do business in Nebraska of such types and in such amounts as may be necessary to protect the Bidder and the interests of the City against hazards or risks of loss as hereinafter specified. This insurance shall cover all aspects of the Bidder's operations and completed operations. Failure to maintain adequate coverage shall not relieve Bidder of any contractual responsibility or obligation. Minimum insurance coverage shall be the amounts stated herein or the amounts required by applicable law, whichever are greater. 1. WORKERS COMPENSATION AND EMPLOYER'S LIABILITY This insurance shall protect the Bidder against all claims under applicable State workers compensation laws. This insurance shall provide coverage in every state in which work for this project might be conducted. The liability limits shall not be less than the following: Workers Compensation Statutory Limits Employers Liability $100,000 each accident $100,000 each employee $500,000 policy limit 2. BUSINESS AUTOMOBILE LIABILITY This insurance shall be written in comprehensive form and shall protect the Bidder, Bidder’s employees, or subcontractors from claims due to the ownership, maintenance, or use of a motor vehicle. The liability limits shall not be less than the following: Bodily Injury & Property Damage $ 500,000 Combined Single Limit 3. COMPREHENSIVE GENERAL LIABILITY The comprehensive general liability coverage shall contain no exclusion relative to explosion, collapse, or underground property. The liability limits shall not be less than the following: Bodily Injury & Property Damage $ 500,000 each occurrence $1,000,000 aggregate 4. UMBRELLA LIABILITY INSURANCE This insurance shall protect the Bidder against claims in excess of the limits provided under employer's liability, comprehensive automobile liability, and commercial general liability policies. The umbrella policy shall follow the form of the primary insurance, including the application of the primary limits. The liability limits shall not be less than the following: Bodily Injury & Property Damage $1,000,000 each occurrence $1,000,000 general aggregate 5. ADDITIONAL REQUIREMENTS The City may require insurance covering a Bidder or subcontractor more or less than the standard requirements set forth herein depending upon the character and extent of the work to be performed by such Bidder or subcontractor. Insurance as herein required shall be maintained in force until the City releases the Bidder of all obligations under the Contract. The Bidder shall provide and carry any additional insurance as may be required by special provisions of these specifications. C128702 Page 19 of 20 Grand Island Council Session - 1/28/2020 Page 422 / 518 6. CERTIFICATE OF INSURANCE Satisfactory certificates of insurance shall be filed with the City prior to starting any work on this Contract. The certificates shall show the City as an additional insured on all coverage except Workers Compensation. The certificate shall state that thirty (30) days written notice shall be given to the City before any policy is cancelled (strike the "endeavor to" wording often shown on certificate forms). If the Bidder cannot have the “endeavor to” language stricken, the Bidder may elect to provide a new certificate of insurance every thirty (30) days during the contract. Bidder shall immediately notify the City if there is any reduction of coverage because of revised limits or claims paid which affect the aggregate of any policy. C128702 Page 20 of 20 Grand Island Council Session - 1/28/2020 Page 423 / 518 Grand Island Council Session - 1/28/2020 Page 424 / 518 Grand Island Council Session - 1/28/2020 Page 425 / 518 Grand Island Council Session - 1/28/2020 Page 426 / 518 Grand Island Council Session - 1/28/2020 Page 427 / 518 Grand Island Council Session - 1/28/2020 Page 428 / 518 Grand Island Council Session - 1/28/2020 Page 429 / 518 Grand Island Council Session - 1/28/2020 Page 430 / 518 Grand Island Council Session - 1/28/2020 Page 431 / 518 Grand Island Council Session - 1/28/2020 Page 432 / 518 Grand Island Council Session - 1/28/2020 Page 433 / 518 Grand Island Council Session - 1/28/2020 Page 434 / 518 Grand Island Council Session - 1/28/2020 Page 435 / 518 Grand Island Council Session - 1/28/2020 Page 436 / 518 Grand Island Council Session - 1/28/2020 Page 437 / 518 Contract #2020- Issued: January 28, 2020 CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between LOCKE AMI, LLC, hereinafter called the Contractor, and the CITY OF GRAND ISLAND, NEBRASKA, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has caused contract documents to be prepared and an advertisement calling for bids to be published for BOILER INSPECTION AND REPAIR-SPRING 2020; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the bids submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to said Contractor a contract therefore, for the sum or sums named in the Contractor’s bid, a copy thereof being attached to and made a part of this Contract; NOW, THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Contractor for itself, himself/herself, or themselves, and its, his/her, or their successors, as follows: ARTICLE I. That the following documents shall comprise the Contract, and shall together be referred to as the “Agreement” or the “Contract Documents”; 1.This Contract Agreement. 2.City of Grand Island’s Specification for this project. 3.Locke AMI, LLC.’s bid signed and dated January 14, 2020. In the event of any conflict between the terms of the Contract Documents, the provisions of the document first listed shall prevail. ARTICLE II. That the Contractor shall (a) furnish all tools, equipment, superintendence, transportation, and other construction materials, services and facilities; (b) furnish, as agent for the City, all materials, supplies and equipment specified and required to be incorporated in and form a permanent part of the completed work; (c) provide and perform all necessary labor; and (d) in a good substantial and workmanlike manner and in accordance with the requirements, stipulations, provisions, and conditions of the Contract documents as listed in the attached General Specifications, said documents forming the Contract and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City’s official award of this Contract to the said Contractor, such award being based on the acceptance by the City of the Contractor’s bid; ARTICLE III. That the City shall pay to the Contractor for the performance of the work embraced in this Contract and the Contractor will accept as full compensation therefore the sum (subject to adjustment as provided by the Contract) of Ninety Thousand Thirty-Seven and no/100 Dollars ($90,037.00 for all services, materials, and work covered by and included in the Contract award and designated in the foregoing Article II; payments thereof to be made in cash or its equivalent in the manner provided in the General Specifications. Grand Island Council Session - 1/28/2020 Page 438 / 518 Contract #2020- Issued: January 28, 2020 The total cost of the Contract includes: Base Bid: Mobilization/Demobilization$ 21,933.00 Labor (T&M) 68,104.00 Total Base Bid $ 90,037.00 Option 2 Contractor The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE IV. The Contractor hereby agrees to act as agent for the City in purchasing materials and supplies for the City for this project. The City shall be obligated to the vendor of the materials and supplies for the purchase price, but the Contractor shall handle all payments hereunder on behalf of the City. The vendor shall make demand or claim for payment of the purchase price from the City by submitting an invoice to the Contractor. Title to all materials and supplies purchased hereunder shall vest in the City directly from the vendor. Regardless of the method of payment, title shall vest immediately in the City. The Contractor shall not acquire title to any materials and supplies incorporated into the project. All invoices shall bear the Contractor’s name as agent for the City. This paragraph will apply only to these materials and supplies actually incorporated into and becoming a part of the finished product of the BOILER INSPECTION AND REPAIR-SPRING 2020. ARTICLE V. That the Contractor shall start work as soon as possible after the Contract is signed and the required bonds and insurance are approved, and that the Contractor shall deliver the equipment, tools, supplies, and materials F.O.B. Platte Generating Station, and complete the work on or before May 4, 2020. ARTICLE VI. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this Contract as required by Section 73-102, R.R.S. 1943. The Contractor further agrees to comply with the provisions of Section 48-657, R.R.S. 1943, pertaining to contributions to the Unemployment Compensation Fund of the State of Nebraska. During the performance of this Contract, the Contractor and all subcontractors agree not to discriminate in hiring or any other employment practice on the basis, of race, color, religion, sex, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. The Contractor agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public contractor and his, her or its subcontractors who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VII. Gratuities and kickbacks: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a Grand Island Council Session - 1/28/2020 Page 439 / 518 Contract #2020- Issued: January 28, 2020 purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. LOCKE AMI, LLC By____________________________________Date ____________________ Title___________________________________ CITY OF GRAND ISLAND, NEBRASKA By_____________________________________Date ____________________ Mayor Attest:__________________________________ City Clerk The Contract is in due form according to law and hereby approved. _______________________________________Date ____________________ Attorney for the City Grand Island Council Session - 1/28/2020 Page 440 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-21 WHEREAS, the City of Grand Island invited sealed bids for Boiler Inspection and Repair at Platte Generating Station – Spring 2020, according to plans and specifications on file with the Utilities Department; and WHEREAS, on January 16, 2020, bids were received, opened and reviewed; and WHEREAS, Locke AMI, of Olathe, Kansas, 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 $90,037.00; and WHEREAS, the bid of Locke AMI is less than the estimate for Boiler Inspection and Repair at Platte Generating Station – Spring 2020. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Locke AMI, in the amount of $90,037.00 for Boiler Inspection and Repair at Platte Generating Station – Spring 2020, is hereby approved as the lowest responsible bid. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 441 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-7 #2020-22 - Approving Acquisition of Utility Easement - 3020 West 14th Street - Van Hoosen & Stubbs This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 1/28/2020 Page 442 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020 -22 WHEREAS, a public utility easement is required by the City of Grand Island from Alex Van Hoosen and Kaeli Stubbs 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 January 28, 2020, for the purpose of discussing the proposed acquisition of a five (5.0) foot utility easement located through a part of Lot Twelve (12) of Island Acres, an addition to the City of Grand Island, Hall County, Nebraska, and more particularly described as follows: The easterly five (5.0) feet of the northerly one hundred fifty-three (153.0) feet of the West Half (W1/2) of Lot Twelve (12), of Island Acres, an Addition to the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing a total of 765 square feet, more or less as shown on the plat dated 10/23/2019, 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 Alex Van Hoosen and Kaeli Stubbs on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _________________________ Roger G. Steele, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 443 / 518 Grand IslandCouncil Session - 1/28/2020Page 444 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-8 #2020-23 -Approving Bid Award for Asphalt Hot-Mix 2020 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/28/2020 Page 445 / 518 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:January 28, 2020 Subject:Approving Bid Award for Asphalt Hot-Mix 2020 Presenter(s):John Collins PE, Public Works Director Background Asphalt Hot-Mix is used by the Streets Division’s asphalt crew throughout the construction season to patch potholes and full-depth patch sections of roadways that are showing signs of failure. Bidders are given the opportunity to write-in mixes that they know they will be producing this season. This allows a wider variety of mixes with set prices to be available to the Streets Division. The purchase of asphalt can then be based on the type of mix best suited for each patching job. A primary and secondary bid award is being recommended for each mix type which sets prices for more than one producer so the optimal material can be purchased in the event the other producer(s) are not making that mix type or the plant is not running. Discussion Bids were advertised on January 9, 2020 and sent to four (4) potential bidders. Two (2) bids were received and opened on January 21, 2019. Grand Island Council Session - 1/28/2020 Page 446 / 518 Asphalt Hot-Mix 2020 Bid Award Recommendation Standard Mix Id Binder Primary Award Secondary Award SPR 64-34 Gary Smith Construction Co. $49.50 per ton Note: upgraded binder to 58V-34 J.I.L. Asphalt Paving Co. $49.55 per ton Alternate Mix Id Binder Primary Award Secondary Award J.I.L. Asphalt Paving Co.Gary Smith Construction Co.SPR 64-22 $45.20 per ton $45.50 per ton Gary Smith Construction Co.Type A 64-22 $48.50 per ton No Bid SPR Fine 64-22 J.I.L. Asphalt Paving Co. $46.60 per ton No Bid Gary Smith Construction Co. $45.00 per tonType B 64-22 J.I.L. Asphalt Paving Co. $45.00 per ton Gary Smith Construction Co.Type C 64-22 $55.00 per ton No Bid 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 purchase of Asphalt Hot- Mix 2020 according to the bid award recommendation. Sample Motion Move to approve the purchase of the Asphalt Hot-Mix 2020 according to the bid award recommendation. Grand Island Council Session - 1/28/2020 Page 447 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 21, 2020 at 2:00 p.m. FOR: Asphalt Hot-Mix for 2020 DEPARTMENT: Public Works ESTIMATE: $70.00/Ton FUND/ACCOUNT: 21033503-85547 PUBLICATION DATE: January 9, 2020 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: J.I.L. Asphalt Paving Co. Gary Smith Construction Grand Island NE Grand Island NE Exceptions: Noted Noted Bid Price: Type SPR: $49.55 per ton $49.50 per ton SPR with 64-22: $45.20 per ton $45.50 per ton Type A 64-22: no bid $48.50 per ton SPR Fine 64-22: $46.60 per ton no bid Type B 64-22: $45.00 per ton $45.00 per ton Type C 64-22: no bid $55.00 per ton cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Assit. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Supt. P2177 Grand Island Council Session - 1/28/2020 Page 448 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-23 WHEREAS, the City of Grand Island invited sealed bids for furnishing Asphalt Hot-Mix for 2020, according to plans and specifications on file with the Public Works Department; and WHEREAS, on January 21, 2020 bids were received, opened and reviewed; and, WHEREAS, Gary Smith Construction Co. and J.I.L. Asphalt Paving Co. submitted responsible bids within the bid specifications for Asphalt Hot-Mix 2020. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bids for asphalt hot-mix purchased in the 2020 calendar year, are hereby approved; Asphalt Hot-Mix 2020 Bid Award Recommendation Standard Mix Id Binder Primary Award Secondary Award SPR 64-34 Gary Smith Construction Co. $49.50 per ton Note: upgraded binder to 58V-34 J.I.L. Asphalt Paving Co. $49.55 per ton Alternate Mix Id Binder Primary Award Secondary Award J.I.L. Asphalt Paving Co.Gary Smith Construction Co.SPR 64-22 $45.20 per ton $45.50 per ton Gary Smith Construction Co.Type A 64-22 $48.50 per ton No Bid SPR Fine 64-22 J.I.L. Asphalt Paving Co. $46.60 per ton No Bid Gary Smith Construction Co. $45.00 per tonType B 64-22 J.I.L. Asphalt Paving Co. $45.00 per ton Gary Smith Construction Co.Type C 64-22 $55.00 per ton No Bid - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 449 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-9 #2020-24 - Approving Bid Award for Concrete Ready-Mix for 2020 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/28/2020 Page 450 / 518 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:January 28, 2020 Subject:Approving Bid Award for Concrete Ready-Mix for 2020 Presenter(s):John Collins PE, Public Works Director Background On January 9, 2020 the Street Division of the Public Works Department advertised for bids for the purchase of Portland Cement Concrete Ready-Mix to be used in conjunction with in-house concrete repairs throughout the 2020 calendar year. The concrete ready- mix is used by the City’s concrete patching crew. A primary and secondary bid award is being recommended which sets prices for more than one producer so material can be purchased in the event the other producer(s) are not delivering due to larger job demands or concrete plant shutdown/breakdown. Discussion Two (2) bids were received and opened on January 21, 2020. The bids were submitted in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein with no exceptions. Concrete Ready-Mix 2020 Bid Award Recommendation Primary Award Secondary Award Gerhold Concrete Company, Inc. $107.00 per cubic yard Consolidated Concrete $111.75 per cubic yard 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 - 1/28/2020 Page 451 / 518 Recommendation City Administration recommends that the Council approve the purchase of Concrete Ready-Mix 2020 according to the bid award recommendation. Sample Motion Move to approve the purchase of Concrete Ready-Mix 2020 according to the bid award recommendation. Grand Island Council Session - 1/28/2020 Page 452 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 21, 2020 at 2:15 p.m. FOR: Concrete Ready Mix for 2020 DEPARTMENT: Public Works ESTIMATE: $125.00 per cubic yard FUND/ACCOUNT: 21033503 85547 PUBLICATION DATE: January 9, 2020 NO. POTENTIAL BIDDERS: 2 SUMMARY Bidder: Gerhold Concrete Company, Inc. Consolidated Concrete Co. Grand Island, NE Hastings, NE Bid Price: $107.00 per cubic yard $111.75 per cubic yard cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Asst. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Supt. P2178 Grand Island Council Session - 1/28/2020 Page 453 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-24 WHEREAS, the City of Grand Island invited sealed bids for furnishing Concrete Ready-Mix for 2020 for the Streets Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on January 21, 2020, bids were received, opened and reviewed; and WHEREAS, Gerhold Concrete Co., Inc. and Consolidated Concrete, submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bids for concrete ready-mix purchased in the 2020 calendar year, are hereby approved; Concrete Ready-Mix 2020 Bid Award Recommendation Primary Award Secondary Award Gerhold Concrete Company, Inc. $107.00 per cubic yard Consolidated Concrete $111.75 per cubic yard - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 454 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-10 #2020-25 - Approving Bid Award for Road Gravel 2020 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/28/2020 Page 455 / 518 Council Agenda Memo From:Shannon Callahan, Streets Superintendent Meeting:January 28, 2020 Subject:Approving Bid Award for Road Gravel 2020 Presenter(s):John Collins PE, Public Works Director Background Gravel is placed by the Streets Division on gravel roads typically once every two years or as-needed. The need for gravel can vary based on traffic volumes, weather, or construction activities. The Streets Division used approximately 1,300 tons of gravel in the 2019 Calendar Year. Discussion Bids were advertised on January 9, 2020 and sent to two (2) potential bidders. One (1) bid was received and opened on January 21, 2020. Primary Award Road Gravel Hooker Brothers Sand & Gravel $9.00 per ton It was desired to award a primary and secondary bid for more than one stock pile location so the material can be purchased in the event the other location(s) are shut down, material is unavailable, or hauling distance is too far. With only one bid received this wasn’t possible. 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 - 1/28/2020 Page 456 / 518 Recommendation City Administration recommends that the Council approve the purchase of Road Gravel 2020 according to the bid award recommendation. Sample Motion Move to approve the purchase of the Road Gravel 2020 according to the bid award recommendation. Grand Island Council Session - 1/28/2020 Page 457 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 21, 2020 at 2:30 p.m. FOR: Road Gravel for 2020 DEPARTMENT: Public Works ESTIMATE: $20.00/ton FUND/ACCOUNT: 21033503-85547 PUBLICATION DATE: January 9, 2020 NO. POTENTIAL BIDDERS: 2 SUMMARY Bidder: Hooker Brothers Sand & Gravel Grand Island NE Exceptions: None Bid Price: $9.00 per ton cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Asst. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Shannon Callahan, Street Supt. P2179 Grand Island Council Session - 1/28/2020 Page 458 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-25 WHEREAS, the City of Grand Island invited sealed bids for furnishing Road Gravel for 2020, according to plans and specifications on file with the Public Works Department; and WHEREAS, on January 21, 2020 bids were received, opened and reviewed; and, WHEREAS, Hooker Brothers Sand & Gravel submitted a responsible bid within the bid specifications for Road Gravel 2020. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bid for road gravel purchased in the 2020 calendar year, is hereby approved; Primary Award Road Gravel Hooker Brothers Sand & Gravel $9.00 per ton - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. ____________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 459 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-11 #2020-26 - Approving Bid Award for Crushed Rock for 2020 Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/28/2020 Page 460 / 518 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:January 28, 2020 Subject:Approving Bid Award for Crushed Rock for 2020 Presenter(s):John Collins PE, Public Works Director Background On January 9, 2020 the Solid Waste Division of the Public Works Department advertised for bids for the purchase of Crushed Rock for 2020 to be used as stabilization for the roadway at the landfill throughout the 2020 calendar year. A primary and secondary bid award is being recommended which sets prices for more than one producer so material can be purchased in the event the other producer(s) are not delivering due to larger job demands or lack of material. Discussion Three (3) bids were received and opened on January 22, 2020. The bids were submitted in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein with no exceptions. Crushed Rock for 2020 Bid Award Recommendation Material Primary Award Secondary Award 3” Minus Crushed Concrete Delivered Dobesh Land Leveling, LLC $25.70 per ton Blessing Construction $27.50 per ton 4”- 6” Coarse Crushed Concrete Delivered Dobesh Land Leveling, LLC $32.25 per ton Blessing Construction $32.50 per ton 47-B Limestone Rock Delivered Southwest Gravel Products, LLC $35.90 per ton Blessing Construction $36.00 per ton 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 - 1/28/2020 Page 461 / 518 Recommendation City Administration recommends that the Council approve the purchase of Crushed Rock for 2020 according to the bid award recommendation. Sample Motion Move to approve the purchase of Crushed Rock for 2020 according to the bid award recommendation. Grand Island Council Session - 1/28/2020 Page 462 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: January 22, 2020 at 2:00 p.m. FOR: Crushed Rock for 2020 DEPARTMENT: Public Works ESTIMATE: $32.00/ton (3” minus Crushed Concrete Delivered) $39.00/ton (4”-6” Coarse Crushed Concrete Delivered) $38.00/ton (47-B Limestone Rock Delivered) FUND/ACCOUNT: 50530043-85545 PUBLICATION DATE: January 9, 2020 NO. POTENTIAL BIDDERS: 4 SUMMARY Bidder: Blessing Construction Dobesh Land Leveling Kearney, NE Grand Island, NE Bid Price: 3” Crushed: $27.50 per ton $25.70 per ton 4”-6” Coarse: $32.50 per ton $32.25 per ton 47-B Limestone: $36.00 per ton No Bid Bidder: Southwest Gravel Products, LLC Axtell, NE Bid Price: 3” Crushed: No Bid 4”-6” Coarse: No Bid 47-B Limestone: $35.90 per ton cc: John Collins, Public Works Director Catrina DeLosh, PW Admin. Asst. Jerry Janulewicz, City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Jeff Wattier; Solid Waste Supt. P2180 Grand Island Council Session - 1/28/2020 Page 463 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-26 WHEREAS, the City of Grand Island invited sealed bids for furnishing and delivering Crushed Rock for 2020 for the Solid Waste Division of the Public Works Department, according to specifications on file with the Public Works Department; and WHEREAS, on January 22, 2020, bids were received, opened and reviewed; and WHEREAS, Dobesh Land Leveling, LLC, Blessing Construction, and Southwest Gravel Products, LLC submitted a bid in accordance with the terms of the advertisement of bids and specifications and all other statutory requirements contained therein. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the below bids for crushed rock purchased in the 2020 calendar year, are hereby approved; Crushed Rock for 2020 Bid Award Recommendation Material Primary Award Secondary Award 3” Minus Crushed Concrete Delivered Dobesh Land Leveling, LLC $25.70 per ton Blessing Construction $27.50 per ton 4”- 6” Coarse Crushed Concrete Delivered Dobesh Land Leveling, LLC $32.25 per ton Blessing Construction $32.50 per ton 47-B Limestone Rock Delivered Southwest Gravel Products, LLC $35.90 per ton Blessing Construction $36.00 per ton - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 464 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-12 #2020-27 - Approving Purchase of One (1) Asphalt Hot-Box for the Streets Division of the Public Works Department Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/28/2020 Page 465 / 518 Council Agenda Memo From:Shannon Callahan, Street Superintendent Meeting:January 28, 2020 Subject:Approving Purchase of One (1) Asphalt Hot-Box for the Streets Division of the Public Works Department Presenter(s):John Collins PE, Public Works Director Background The Streets Division is responsible for maintaining roadways in a safe manner and an important part of this operation is pothole patching. A cold patch asphalt mix is used to patch potholes throughout the year. During the winter months there are a greater number of potholes and the low temperatures require the cold patch mix to be heated to remain in a workable condition. The Streets Division currently uses a homemade system to heat the cold patch material. This system is comprised of a trailer with a tarp and tube that is connected to the towing vehicle’s exhaust system. The exhaust produces the heat and the tarp is used to retain as much of that heat as possible. This system is in need of repairs and is not as effective in the very cold months as during warmer months. It is anticipated that the axles of this trailer can be salvaged, with the remainder of the trailer scrap. Existing cold patch trailer setup with hose connected to exhaust for heat source. Grand Island Council Session - 1/28/2020 Page 466 / 518 For these reasons, the Streets Division has been researching other methods including asphalt hot boxes. An asphalt hot box is a fully enclosed unit with its own heating source and thermostat. This allows the temperature of the box to be controlled based on the weather conditions and amount of material. Most hot boxes also feature a dump box which allows the asphalt mix to be gravity fed to the opening or chute. As part of this research, a Falcon Hot Box was rented to ensure it would meet the City’s needs. This unit has been used for several weeks and has worked extremely well compared to our exiting method. New Falcon 2-Ton Transporter Asphalt Hot Box The Streets Division of the Public Works Department has budgeted funds for a new Snow Heaver in the 2019/2020 Fiscal Year but is recommending a portion of these funds be used to purchase an Asphalt Hot Box instead. Discussion To meet competitive bidding requirements, the Streets Division obtained pricing for a new Asphalt Hot Box from State of Nebraska Contract No 14934 OC that was awarded to/referenced the (NJPA) Sourcewell Contract No. 052417-FRM awarded to Falcon Road Maintenance Equipment, Inc.; with Logan Contractors Supply of Omaha, NE assigned as our authorized dealer. The City of Grand Island City Council approved the use of the National Joint Powers Alliance Buying Group (NJPA), now known as Sourcewell, with Resolution 2014-326. Per the Sourcewell Contract No. 052417-FRM, the price for the new Falcon 2-Ton Transporter Asphalt Hot Box that meets the City’s specifications will be $30,778.00. Grand Island Council Session - 1/28/2020 Page 467 / 518 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 purchase of a new Falcon 2-Ton Transporter Asphalt Hot Box from Logan Contractors Supply of Omaha, NE for a net purchase price of $30,778.00. Sample Motion Move to approve the purchase of a new Falcon 2-Ton Transporter Asphalt Hot Box from Logan Contractors Supply of Omaha, NE for a net purchase price of $30,778.00. Grand Island Council Session - 1/28/2020 Page 468 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-27 WHEREAS, Sourcewell, formerly known as the National Joint Powers Alliance, cooperative purchasing group was utilized to secure competitive bids for a new Asphalt Hot Box by the Streets Division of the Public Works Department; and WHEREAS, Sourcewell Contract No. 052417-FRM was awarded to Falcon Road Maintenance Equipment, Inc. and authorized Logan Contractors Supply of Omaha, NE to offer said contract pricing to the City of Grand Island, Nebraska; and WHEREAS, the Public Works Department has recommended the purchase of a new Falcon 2-Ton Transporter Asphalt Hot Box from Logan Contractors Supply of Omaha, NE for a purchase price of $30,778.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that a purchase order and subsequent payment for the Falcon 2-Ton Transporter Asphalt Hot Box from Logan Contractors Supply of Omaha, NE of Grand Island, NE is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 469 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-13 #2020-28 - Approving Supplemental Agreement No. 1 with NDOT and Olsson Associates for Preliminary Engineering Services for Five Points Intersection in Grand Island Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/28/2020 Page 470 / 518 Council Agenda Memo From:Keith Kurz PE, Assistant Public Works Director Meeting:January 28, 2020 Subject:Approving Supplemental Agreement No. 1 with NDOT and Olsson Associates for Preliminary Engineering Services for Five Points Intersection in Grand Island Presenter(s):John Collins, Public Works Director Background On February 14, 2017, via Resolution No. 2017-34, City Council approved an agreement with Olsson Associates of Lincoln, Nebraska, in the amount of $72,550.00 for engineering services related to Five Points Signal and Geometric Improvements. This project was for the improvement of the 5 Points intersection in areas of both lane use and traffic signal operation. The existing cable span signals were to be replaced with new mast arm signals, improvement of existing roadway geometrics, evaluation of existing lane configurations for operation, and installation of signing improvements to meet 2009 MUTCD requirements in the area of this intersection. During the course of Olsson Associates engineering services work on this project it was recommended that a study of the entire area surrounding the 5 Points intersection be considered. Further study would allow examination of the Five Points intersection to aid in specifically reducing the incidence of crashes; reducing vehicle delay, improving the mobility of the traveling pedestrians and correcting roadway geometric deficiencies. Public Works applied for Nebraska Department of Transportation (NDOT) safety funds to help with costs of the 5 Points intersection improvements. The project was selected as a NDOT safety project, with Federal-aid funding available through NDOT. The federal share payable on any portion of a local federal-aid project is a maximum of 80% of the eligible participating costs, while the Local Public Agency (LPA) is responsible for the remaining 20% as well as all other nonparticipating or ineligible costs of the project. The current estimate of this project is $2,680,000.00, with the LPA share being $980,000.00 at this time, and the Federal share payable capped at $1,700,000.00 currently. The project will consist of geometric improvements and roundabout, which will right size the lane configuration to optimize safety and efficiency, and meet the Federal Highway Administration (FHWA) safety program requirements. Grand Island Council Session - 1/28/2020 Page 471 / 518 On October 9, 2018, via Resolution No. 2018-291 the City entered into an agreement with Olsson Associates, Inc. for engineering consulting services for the Grand Island Five Points Intersection project. The work was to be performed at actual costs with a maximum amount of $361,475.00. All agreements must be approved by the City Council. Discussion The original agreement with Olsson, Inc. and the City is now being supplemented to allow for subsurface investigation to assess the presence of contamination in soil and determine mitigation. The original agreement is amended with the total agreement amount increased from $361,475.00 to $383,075.00, an increase of $21,600.00 which the Consultant must not exceed without the prior written approval of the LPA. The City’s estimated share will increase from $72,295.00 to $76,615.00, an increase of $4,320.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve a resolution authorizing the Mayor to sign the Supplemental Agreement No. 1. Sample Motion Move to approve the resolution. Grand Island Council Session - 1/28/2020 Page 472 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-28 PRELIMINARY ENGINEERING SERVICES AGREEMENT SUPPLEMENTAL AGREEMENT NO. 1- BK1842 CITY OF GRAND ISLAND RESOLUTION NO. 2020-28 WHEREAS: City of Grand Island and Olsson, Inc., have previously executed a Preliminary Engineering Services Agreement (BK18412) for a transportation project for which the Local Public Agency (LPA) would like to obtain Federal funds; and WHEREAS: City of Grand Island understands that it must continue to strictly follow all Federal, State and local laws, rules, regulations, policies and guidelines applicable to the funding of this Federal-aid project; and WHEREAS: City of Grand Island and Olsson, Inc. wish to enter into a preliminary engineering services supplemental agreement setting out modifications and/or additional duties and/or funding responsibilities for the Federal-aid project. Be it Resolved: by the City Council of the City of Grand Island, Nebraska that: Roger G. Steele, Mayor of City of Grand Island is hereby authorized to sign the attached Preliminary Engineering Services Supplemental Agreement No.1 between the City of Grand Island and Olsson, Inc. NDOT Project Number: HSIP-5409(3) NDOT Control Number: 42863 NDOT Project Description: Five Points Intersection in Grand Island Adopted this 28th day of January, 2020 at Grand Island, Nebraska. The City Council of City of Grand Island, Nebraska: Vaugh Minton Jeremy Jones Clay Schutz Mark Stelk Jason Conley Julie Hehnke Mitchell Nickerson Mike Paulick Chuck Haase Justin Scott Board/Council Member_____________________________ Moved the adoption of said resolution Member________________________ Seconded the Motion Roll Call: ____Yes ____No ____Abstained ____Absent Resolution adopted, signed and billed as adopted Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 473 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-14 #2020-29 - Approving Amendment to the Parks and Recreation Department Fee Schedule Relative to Golf and Recreation Divisions. Staff Contact: Todd McCoy Grand Island Council Session - 1/28/2020 Page 474 / 518 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:January 28, 2020 Subject:Approving Amendment to the Parks and Recreation Fee Schedule Relative to Golf and Recreation Divisions Presenter(s):Todd McCoy, Parks and Recreation Director Background On July 9, 2019 by Resolution 2019-209 City Council approved the Fee Schedule for fiscal 2019/2020. A few minor changes were identified to make the collection of fees more efficient. Discussion Proposed fee changes include: The 18-hole golf fee was mistakenly omitted from the approved fee schedule. Insert $23.50 18-hole golf fee. Including tax the $3.25 golf season pass capital maintenance fee totals $3.49. It was requested from the golf pro to increase capital maintenance fee to $3.26 so the total equals an even $3.50. The golf ‘add 9-hole’ rate was set at $7.00. However, the new 9-hole rate and 18-hole rate do not match the $7.00 fee. To make the fee consistent it is recommended to change the 18-hole senior rate to $21.50, the 18-hole junior rate to $18.50, and the 18-hole weekend rate to $26.00. The youth program fee was increased from $0-$100 to $25-100. After closer review City Recreation staff recommends changing the youth program fee to $5-$100. The Recreation Division offers several short basic programs that $25.00 is not justified. Grand Island Council Session - 1/28/2020 Page 475 / 518 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council amend the fee structure to make the collection of fees more efficient. Sample Motion Move to approve the amendment to the 2019/2020 fee structure. Grand Island Council Session - 1/28/2020 Page 476 / 518 Fee Schedule for FY2019-2020 Budget Year for Parks & Recreation Order 2018 2019 2020 PARKS AND RECREATION DEPARTMENT CEMETERY DIVISION Open/Close Grave (per burial) **oversize vault - add $150.00** Urn Vault over 16" x 16" - Add $50.00 Adult 750.00 750.00 800.00 Child 310.00 310.00 325.00 Ashes 260.00 260.00 275.00 Columbarium 205.00 205.00 225.00 Saturday Open/Close (per burial) Adult 850.00 850.00 900.00 Child 350.00 350.00 375.00 Ashes 300.00 300.00 375.00 Columbarium 235.00 235.00 250.00 Burial Space One 750.00 750.00 800.00 Two 1500.00 1500.00 1600.00 One-Half Lot (4 or 5 spaces)3000.00 3000.00 3200.00 Full Lot (8 or 10 spaces)6000.00 6000.00 6400.00 Babyland 155.00 155.00 160.00 Cremation Space - Section J 350.00 350.00 400.00 Transfer Deed (each new deed)50.00 50.00 60.00 Columbarium 12x12 Niche - Single 625.00 625.00 650.00 Columbarium 12x12 Niche - Double 825.00 825.00 850.00 Columbarium Emblem Engraving (NEW)25.00 Burial Space w/flat markers in Section J One 625.00 625.00 650.00 Two 1250.00 1250.00 1300.00 One-half lot (4-5 spaces)2500.00 2500.00 2600.00 Full lot (8-10 spaces)5000.00 5000.00 5200.00 Cremation Space 325.00 325.00 400.00 Headstone Flagging Fee 35.00 35.00 40.00 RECREATION DIVISION The Parks and Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play and special events and promotions Volleyball Program Sports League/Tournaments - Per Team $100.00 - 650.00 per session $100.00 - 650.00 per session $125.00 - 650.00 per session Basketball Program League Play - Per Team*** Flag Football Program Grand Island Council Session - 1/28/2020 Page 477 / 518 League Play - Per Team*** ***Volleyball, Basketball and Flag Football program and tournament fees determined by the number of teams signed up to play. Playground & miscellaneous Programs & camps 0-100.00 0-100.00 25.00-100.00 /5.00-100.00 Kinder camp & Playground Pals 10.00 per participant 10.00 per participant 12.00 per participant Authorized Provider Red Cross Courses $25 - $200 $25 - $200 $30 - $200 Lifeguard Training* Lifeguard Instructor Training* Water Safety Instructor Training* Lifeguard Refresher Course* Professional CPR Training* Professional CPR Recertification* *Plus any additional/increases assessed by the Red Cross Stolley Park Picnic Shelter (1/2 day)25.00 30.00 30.00 Stolley Park Picnic Shelter (all day)50.00 60.00 60.00 Stolley Park Kitchen (1/2 day)25.00 30.00 30.00 Stolley Park Kitchen (all day)50.00 60.00 60.00 Athletic Field Rental (per field)50.00 50.00 55.00 Athletic Field Preparation (1 time) per field 50.00 50.00 55.00 Athletic Field Preparation Additional services per field 25.00-200.00 25.00-200.00 30.00-200.00 Youth league per field per day 30.00 15.00 15.00 Adult/Select team league per field per day 50.00 35.00 35.00 Online reservation practice time per field 10.00/hour 10.00/hour 12.00/hour Soccer Recreational League Field Setup Fee per field 90.00 100.00 Soccer Select and Adult League Field Setup Fee per field 150.00 165.00 AQUATICS The Parks and Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play and special events and promotions Lincoln Pool Daily Fees - ages 4 & under w/paying adult Free Free Free Daily Fees - ages 5 to 15 3.00 3.00 3.00 Daily Fees - ages 16 to 54 4.00 4.00 4.00 Daily Fees - ages 55 & Over 3.00 3.00 3.00 Grand Island Council Session - 1/28/2020 Page 478 / 518 Lincoln Swimming Lessons per person/ per session 30.00 30.00 35.00 Season Passes Ages 4 and under free free Free Youth ages 5-15 40.00 40.00 45.00 Adult ages 16-54 50.00 50.00 55.00 Senior age 55+40.00 40.00 45.00 Single parent family 90.00 90.00 95.00 Family 115.00 115.00 125.00 Private Pool Rental 150.00 per hour 150.00 per hour 175.00 per hour WATER PARK Locker/Life Jacket Rental 2.00/daily 3.00 deposit or driver's license 2.00/daily 3.00 deposit or driver's license 3.00/daily 2.00 deposit or driver's license Inner Tube Rental - Single 3.00/daily 1.00 deposit 3.00/daily 1.00 deposit 4.00/daily 1.00 deposit Inner Tube Rental - Double 4.00/daily 1.00 deposit 4.00/daily 1.00 deposit 5.00/daily 1.00 deposit Daily Fees Children age 4 & under w/paying adult Free Free Free Children ages 5 to 15 7.00 7.00 8.00 Adults ages 16 to 54 8.00 8.00 9.00 Adults age 55 and over 7.00 7.00 8.00 Family One Day Pass (Family includes two adults and up to four children) 24.00 24.00 30.00 Season Passes Children ages 5 to 15 75.00 75.00 80.00 Adults ages 16 to 54 85.00 85.00 90.00 Adults age 55 and over 75.00 75.00 80.00 Husband or Wife and Family 160.00 160.00 170.00 Family 190.00 190.00 200.00 Replace Season Pass 5.00 5.00 10.00 Gold Season Passes Children ages 5 - 15 95.00 95.00 100.00 Adults age 16 to 54 105.00 105.00 110.00 Adults age 55 and over 95.00 95.00 100.00 Husband or Wife and Family 200.00 200.00 210.00 Family 235.00 235.00 250.00 Group Fees - Age Group 10-29 people 5 to 15 6.75 6.75 7.00 10-29 people 16 to 54 7.75 7.75 8.00 10-29 people 55 and over 6.75 6.75 7.00 30-59 people 5 to 15 6.50 6.50 6.75 30-59 people 16 to 54 7.50 7.50 8.00 30-59 people 55 and over 6.50 6.50 6.75 60+ people 5 to 15 6.25 6.25 6.50 60+ people 16 to 54 7.25 7.25 7.50 60+ people 55 and over 6.25 6.25 6.50 Grand Island Council Session - 1/28/2020 Page 479 / 518 Consignment Program - Island Oasis Age 5-15 5.50 5.50 5.75 Age 16-55 6.50 6.50 6.75 55 - Over 5.50 5.50 5.75 Family 22.00 22.00 25.00 Pool Rental 475.00/1 hr includes use of inner tubes 475.00/1 hr includes use of inner tubes 500.00/1 hr includes use of inner tubes All day facility rental 12:00 - 9:00 pm 15000.00 15000.00 15000.00 Swimming Lessons 30.00 per session 30.00 per session 35.00 per session Souvenir Stand items 1.00-20.00 1.00-20.00 2.00-20.00 Concession Stand Items .50-15.00 .50-15.00 1.00-15.00 GOLF COURSE The Parks and Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play and special events and promotions. Weekday Golfing Seniors 55 and older (weekdays & after 1:00 on weekends) 9 holes - Seniors 55 and older 14.00 14.00 14.50 18 holes - Seniors 55 and older 20.50 20.50 21.00 /21.50 9 holes 16.00 16.00 16.50 Additional 9 holes 6.50 6.50 7.00 18 holes 22.50 22.50 23.50 Junior Golf-9 holes 11.00 11.00 11.50 Junior Golf-18 holes 17.50 17.50 18 /18.50 9 holes weekend/holidays 18.50 18.50 19.00 18 holes weekend/holidays 25.00 25.00 27 /26.00 Ages 15 and under w/ a paying adult 2.80 2.80 5.00 9 Hole Twilight Rate w/cart 15.00 15.00 18.00 Passes (annual) Purchased from December 1 through January 31 Adult Seven Day 530.00 530.00 550.00 Additional Family Member 233.00 233.00 245.00 Family Pass 762.00 762.00 775.00 Adult Five Day Pass (Mon-Fri only)400.00 400.00 425.00 Junior/Student 7 day pass includes full time college students 192.00 192.00 205.00 Senior 7 Day Pass (55 & Older)333.00 333.00 350.00 Passes (annual) Purchased from February 1 through June 30 Adult Seven Day 590.00 590.00 610.00 Additional Family Member 260.00 260.00 270.00 Family Pass 849.00 849.00 880.00 Adult Five Day Pass (Mon-Fri only)443.00 443.00 465.00 Junior/Student 7 day pass includes full time college students 209.00 209.00 220.00 Grand Island Council Session - 1/28/2020 Page 480 / 518 Senior 7 Day Pass (55 & Older)366.00 366.00 385.00 Golf Car Pass, per rider 515.00 515.00 535.00 Passes (annual) Purchased from July 1 through November 30 Adult Seven Day 295.00 295.00 305.00 Additional Family Member 130.00 130.00 135.00 Family Pass 424.00 424.00 440.00 Adult Five Day Pass (Mon-Fri only)222.00 222.00 235.00 Junior/Student 7 day pass includes full time college students 117.00 117.00 125.00 Senior 7 Day Pass (55 & Older)195.00 195.00 205.00 Golf Car Pass, per rider 258.00 258.00 270.00 Capital Maintenance Fee (included in daily green fee)(collected from each player per round played by an individual possessing a season pass) 2.80 2.80 3.25 /3.26 Cart Rental 9 holes, per rider 11.00 11.00 11.50 18 holes, per rider 16.00 16.00 16.50 Golf Cart Punch Cards - 9 holes 135.00 135.00 140.00 Golf Cart Punch Cards - 18 holes 211.00 211.00 220.00 Ages 15 and under with paying adult No Cost No Cost No Cost Group Fees/Discount Booklets 25 - Rounds 460.00 460.00 475.00 50 - Rounds 865.00 865.00 900.00 Green Fee Discounts for large groups 25-49 people 5%5%5.0% 50-100 people 10%10%10.0% Over 100 people 15%15%15.0% HEARTLAND PUBLIC SHOOTING PARK The Parks & Recreation Director shall establish fees for miscellaneous merchandise sales, tournament and league play and special events and promotions.Archery (Adult) Practice range 7.50 7.50 7.75 Archery (Youth) Practice range 5.00 5.00 5.25 Archery (Adult) 3D Short Course 15.00 15.00 15.50 Archery (Adult) 3D Long Course 20.00 20.00 20.50 Archery (Youth) 3D Short Course 8.00 8.00 9.00 Archery (Youth) 3D Long Course 10.00 10.00 11.00 Archery Family Annual Pass 225.00 225.00 235.00 Archery Adult Annual Pass 130.00 130.00 140.00 Archery Youth Annual Pass 70.00 70.00 80.00 Archery Punch Card: 6 visits short course 75.00 75.00 80.00 Archery Punch Card: 6 visits long course 100.00 100.00 105.00 Adult Skeet/trap per round (25 targets/ round) 6.75 6.75 7.00 Grand Island Council Session - 1/28/2020 Page 481 / 518 Skeet/Trap - Youth Rate (age 18 & under) 5.25 5.25 5.50 Skeet/Trap Punch Card rate - 12 rounds @ 6.67/round 75.75 75.75 78.75 Adult Sporting Clays per round (50 targets/round) 19.00 19.00 19.50 Adult Sporting Clays per round (100 targets/round) 34.50 34.50 35.50 Sporting Clays - Punch Card rate - 6 rounds @ 18.33 /round 103.00 103.00 106.00 Youth Sporting Clays per round (50 target/round)14.00 14.00 14.50 Youth Sporting Clays per round (100 target/round)28.00 28.00 29.00 Counters - Trap/Skeet (per target)0.21 0.21 0.25 Counters - Sporting clays (per target)0.31 0.31 0.32 Adults 5 Stand per round (25 targets/ round)7.50 7.50 7.75 Youth 5 Stand per round (25 targets/ round)5.50 5.50 5.75 Daily fee Rifle/Handgun Adult per hour 12.00 12.00 12.75 Daily fee Rifle/Handgun Adult per day 15.00 15.00 16.00 Daily fee Rifle/Handgun Youth 7.50 7.50 8.00 3D Archery Short Range Punch Card (6 days)75.00 75.00 80.00 3D Archery Long Range Punch Cards (6 days)100.00 100.00 105.00 Family Pass Rifle/Handgun (12 months)195.00 195.00 200.00 .22 Rimfire Range Adult .22 Rimfire Range Youth Rifle Range Rental w/o RSO (Law Enforcement per day)105.00 105.00 110.00 Rifle Range Rental with RSO (Law Enforcement per day)210.00 210.00 220.00 Rifle Range Rental w/o RSO (Business Rate per day)525.00 525.00 550.00 Rifle Range Rental with RSO (Business Rate per day)630.00 630.00 655.00 Golf Cart Rental per round (per rider)7.00 7.00 8.00 Golf Cart Rental per half day 25.00 25.00 30.00 Golf Cart Rental per day (4 rider limit)50.00 50.00 60.00 Range time for Instructors with staff 5 per student minimum charge 21.00 21.00 22.00 Range time for Instructors without staff per student with no minimum 15.75 15.75 16.00 Classroom Rental (Shooting Sports Educational per day)105.00 105.00 110.00 Classroom Rental (Business Rate per day)210.00 210.00 225.00 Classroom Rental with associated shooting event N/C N/C N/C Camping with electricity/water (per night)35.00 35.00 37.00 Camping during events (per night)45.00 45.00 47.00 Camping for Youth no water/electricty (per night)5.00 5.00 5.00 Grand Island Council Session - 1/28/2020 Page 482 / 518 Camping no water/electricity (per night)10.00 10.00 12.50 Off hours Law enforcement training (annual)1785.00 1785.00 1850.00 High School team practice (per target)0.15 0.15 0.16 **HPSP reserves the right to adjust trap, skeet and sporting clay fee's in relation to clay target costs** Stolley Park Train Individual Rates Ages 2 and under w/paying adult Free Free Free Ages 2 & 3 w/paying adult Single rider (4 and over)2.00 3.00 3.00 10 Ride Punch Card 17.50 17.50 20.00 25 Ride Punch Card 37.50 37.50 50.00 50 Ride Punch Card 62.50 62.50 75.00 Unlimited rides 100.00/hour 100.00/hour 150.00/hour Group Rates 10 to 24 Riders 1.75 each 1.75 each Eliminate 25 - 49 Riders 1.50 each 1.50 each Eliminate 50 + Riders 1.25 each 1.25 each Eliminate Community Fieldhouse Admission & Rental Prices Drop In: Children under 2 Free Free Free Children (2-4)2.00 2.00 2.25 Youth (5-15) & Seniors (55 & older)4.00 4.00 5.00 Adults (16-54)6.00 6.00 6.25 Student Pass Discount (Ages 16 and over w/student ID )5.00 5.00 5.25 City League Families "Game Night" & Before 5 pm Mon - Fri Children under 2 Free Free Eliminate Children (2-4)1.00 1.00 Eliminate Youth (5-18) & Seniors (55 & older)3.00 3.00 Eliminate Student Pass  (Ages 16 and over w/ student ID)4.00 4.00 Eliminate Adults 5.00 5.00 Eliminate (use of entire facility as long as area not previously reserved) Rental (Hourly) Full Turf Field (Primary hours)110.00 110.00 115.00 Full Turf Field (Non primary hours) M-F 2:00 pm-5:00 pm Sat 8:00 - 12:00 82.00 82.00 86.00 Full Turf Field Tournament (6 hour minimum)72.00/hr 72.00/hr 75.00/hr Half Turf Field (Primary hours)60.00 60.00 65.00 Half Turf Field Tournament (6 hour minimum)39.00/hr 39.00/hr 41.00/hr Half Turf Field (Non primary hours) M-F 2:00 pm-5:00 pm Sat 8:00-12:00 45.00 45.00 47.00 Basketball Court (Primary hours)30.00 30.00 32.00 Grand Island Council Session - 1/28/2020 Page 483 / 518 Basketball Court (Non primary hours) M- F 2:00 pm-5:00 pm Sat 8:00-12:00 22.00 22.00 23.00 Basketball Court Tournament (6 hour minimum)19.00/hr 19.00/hr 20.00 Volleyball Court (Primary hours)20.00 20.00 22.00 Volleyball Court (Non primary hours) M-F 2:00 pm-5:00 pm Sat 8:00-12:00 15.00 15.00 17.00 Volleyball Court Tournament (6 hour minimum)13.00/hr 13.00/hr 15.00/hr Batting Cage Rental 15 Minutes Hour 25.00 25.00 28.00 League Fees: Per Individual Leagues 15.00-120.00 15.00-120.00 20.00-125.00 Per Team Leagues 100.00-650.00 100.00-650.00 110.00-650.00 Small meeting room 15.00/hr 15.00/hr 17.50/hr Kitchen/large room 30.00/hour 30.00/hour 32.00/hr Birthday Party pkg #1: Half field rental/ room rental, up to 20 children ($3.00 per additional child) 80.00-250.00 80.00-250.00 84.00-260.00 Bouncer rental 20.00/hour 20.00/hour 22.00/hour Facility rental (before or after hours)150.00/hour 150.00/hour 165.00/hour Overnight Lock in Package 600.00 600.00 630.00 Clinics/camps/tournaments 10.00 - 600.00 10.00 - 600.00 15.00-625.00 Season Passes for Fieldhouse (October thru April) Toddler Pass (ages 2-4)46.00 46.00 48.00 Youth Pass (5-15)70.00 70.00 73.00 Student Pass (Ages 16 and over w/ student ID)92.00 92.00 96.00 Adult Pass (16-54)115.00 115.00 120.00 Senior (55+)70.00 70.00 73.00 Season Passes for Fieldhouse (January thru April) Toddler Pass (ages 2-4)29.00 29.00 30.00 Youth Pass (ages 5-15)41.00 41.00 43.00 Student Pass (ages 16 and over w/ student ID)52.00 52.00 54.00 Adult Pass (ages 16-54)64.00 64.00 67.00 Senior (55+)41.00 41.00 43.00 10 Visit Punch Card Toddler (age 2-4) with supervising adult Free Free Free Youth (age 5-15)35.00 35.00 37.00 Student (ages 16 and over w/student ID)45.00 45.00 47.00 Adult (ages 16-54)55.00 55.00 58.00 Senior (age 55+)35.00 35.00 37.00 Grand Island Council Session - 1/28/2020 Page 484 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-29 WHEREAS, it is necessary to amend the fee schedule relative to the Golf and Recreation Divisions of the Parks and Recreation Department; and WHEREAS the amended fee schedules are as follows; The 18-hole golf fee was mistakenly omitted from the approved fee schedule. Insert $23.50 18-hole golf fee. Including tax the $3.25 golf season pass capital maintenance fee totals $3.49. It was requested from the golf pro to increase capital maintenance fee to $3.26 so the total equals an even $3.50. The golf ‘add 9-hole’ rate was set at $7.00. However, the new 9-hole rate and 18- hole rate do not match the $7.00 fee. To make the fee consistent it is recommended to change the 18-hole senior rate to $21.50, the 18-hole junior rate to $18.50, and the 18-hole weekend rate to $26.00. The youth program fee was increased from $0-$100 to $25-100. After closer review City Recreation staff recommends changing the youth program fee to $5-$100. The Parks and Recreation Department offers several short basic programs that $25.00 is not justified. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Golf and Recreation Divisions of the Parks and Recreation Department amended changes to the Fee Schedule to be incorporated into the 2019/2020 budget. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 485 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-15 #2020-30 - Approving Proposal for Recruiting Firm to Search to Fill City Attorney Position Staff Contact: Aaron Schmid, Human Resources Director Grand Island Council Session - 1/28/2020 Page 486 / 518 Council Agenda Memo From:Aaron Schmid, Human Resources Director Meeting:January 28, 2020 Subject:Approving Proposal for Recruiting Firm for Search to Fill City Attorney Position Presenter(s):Aaron Schmid, Human Resources Director Background The City Attorney position has been vacant since May of 2019. Stacy Nonhof has served as the interim City Attorney during the search for a replacement. Efforts to find a new City Attorney have been unsuccessful despite multiple recruiting strategies. Administration recently conducted a Request for Proposal for a recruiting firm to assist with filling the City Attorney position. Seven potential bidders were notified and the City received two responses. Discussion The Administration is seeking approval to utilize the services of Celebrity Staff for the City Attorney position. Celebrity Staff is based on Omaha, NE. They operate under C&A Industries which conducts business in all 50 states. Celebrity Staff is experienced in the recruitment of legal professionals. Their client list includes other Nebraska municipalities. Celebrity Staff agrees to conduct a contingency based search in return for a 30% fee of the new hire’s base salary. The current salary range for the City Attorney classification is $106,460.85 to $147,834.75. A 30% fee would range from $31,938.26 to $44, 350.43. Should a candidate leave, through no fault of the City within 90 calendar days of initial employment, the search firm would agree to locate and present additional candidates of comparable qualifications at no additional charge. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 1/28/2020 Page 487 / 518 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the proposal to utilize the services of Celebrity Staff for the City Attorney vacancy. Sample Motion Move to approve the request to utilize Celebrity Staff for the City Attorney vacancy. Grand Island Council Session - 1/28/2020 Page 488 / 518 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR RECRUITING FIRM FOR SEARCH TO FILL CITY ATTORNY POSITION RFP DUE DATE: January 14, 2020 at 4:15 p.m. DEPARTMENT: Human Resources PUBLICATION DATE: December 26, 2019 NO. POTENTIAL BIDDERS: 7 PROPOSALS RECEIVED Bakertilly Tilly Virchow Krause, LLP Celebrity Staff Addison, TX Omaha, NE cc: Aaron Schmid, Human Resources Director Stacy Nonhof, Purchasing Agent Jerry Janulewicz, City Administrator Patrick Brown, Finance Director P2174 Grand Island Council Session - 1/28/2020 Page 489 / 518 January 22, 2020 Aaron Schmid, HR Director City Of Grand Island Po Box 1968 Grand Island, NE 68802 Re: Direct Hire Program Celebrity Staff is looking forward to assisting you in your search to fill your City Attorney. FEES: Celebrity Staff agrees to search for candidates on a contingency basis. City Of Grand Island agrees to pay a placement fee to Celebrity Staff in the amount of 30% of the candidate's estimated first year's base salary or total compensation, including estimated commissions, bonuses, and/or other variable compensation. Celebrity Staff's fee is earned when an individual referred to City Of Grand Island by Celebrity Staff for any role is hired, directly or indirectly, as an employee, consultant, or independent contractor for any role with City Of Grand Island, its affiliates, parents, or subsidiaries, within 12 months of Celebrity Staff's most recent activity on behalf of the individual in regard to City Of Grand Island ("referred" means any manner or means of communication of a candidate's identity). City Of Grand Island agrees to pay all placement service fees and all reasonable pre-approved expenses incurred by Celebrity Staff within 30 days of receipt of invoice, activating our replacement guarantee. City Of Grand Island agrees to reimburse Celebrity Staff for all reasonable costs of collection, including attorney fees. CONFIDENTIALITY OF REFERRALS: All candidate referrals made by Celebrity Staff are made on a confidential basis and City Of Grand Island shall hold Celebrity Staff harmless from any liability resulting from its unauthorized disclosure or misuse of information regarding any candidates or their candidacy. DISCLAIMER: While Celebrity Staff conducts a search and presents only those that are believed to be qualified, City Of Grand Island will make the hiring decision. We recommend City Of Grand Island conduct its own qualitative research and interviews to verify candidate information and/or to obtain any additional information deemed necessary. Celebrity Staff does not guarantee the performance of any candidate or the accuracy of information provided to City Of Grand Island regarding a candidate. Celebrity Staff disclaims any responsibility for claim, loss, or liability as a result of a candidate’s acts or omissions. Since City Of Grand Island controls the hiring decision, Celebrity Staff cannot be responsible for any termination decision by City Of Grand Island. However, should a candidate leave, through no fault of City Of Grand Island within 90 calendar days of initial employment, Celebrity Staff will locate and present additional candidates of comparable qualifications at no additional charge. Celebrity Staff must be notified in writing within five (5) days of the separation. The Client Company will pay all candidates interviewing expenses (out of town travel, rental car, lodging, etc.). This agreement will be governed by and construed in accordance with the laws of the state of Nebraska, without reference to any conflicts of law principles thereof, and supersedes any previous contracts and agreements between the parties. Please sign and date below, to acknowledge your receipt and understanding of the Direct Hire Program. ____________________________________ ______________________________ Client Signature Date Sincerely, Patty North, General Manager Celebrity Staff – EEO/Veteran/Disability Employer C&A Plaza • 13609 California Street, Suite 110 • Omaha, NE 68154-5260 • (402) 938.2000 • (800) 910.7354 Grand Island Council Session - 1/28/2020 Page 490 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-30 WHEREAS, the City of Grand Island requested proposals for a Recruiting Firm for search to fill the City Attorney position; and WHEREAS, on January 14, 2020, proposals were received, opened and reviewed; and WHEREAS, Celebrity Staff, of Omaha, Nebraska, submitted a proposal in accordance with the terms of the advertisement of request for proposal, such proposal being in the amount of 30% of the candidate’s first year base salary. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Celebrity Staff, in the amount of 30% of the candidate’s first year base salary for City Attorney vacancy, is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 491 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-16 #2020-31 - Approving Memorandum of Agreement and Deed for the Transfer of the Veterans Home Cemetery to the City of Grand Island Staff Contact: Jerry Janulewicz Grand Island Council Session - 1/28/2020 Page 492 / 518 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:January 28, 2020 Subject:Veterans Home Cemetery. Presenter(s):Jerry Janulewicz, City Administrator Background and Discussion On December 17, 2019, Council approved Resolution #2019-379 thereby approving a Memorandum of Agreement (MOA) with the Nebraska Department of Administrative Services providing for the City to assume title to and responsibility for the Nebraska State Veterans Home Cemetery. The MOA as presented to and approved by Council referenced the use of headstones to be provided by the Nebraska Department of Veterans Affairs. Following Council action, the Nebraska Department of Administrative Services (DAS) learned that such headstones are provided by the United States Department of Veterans Affairs. In response to this information, DAS did not approve the original MOA and submits the accompanying MOA with the correct agency identified for the source of headstones. This revised MOA is in other respects substantively the same as the MOA approved by Council on December 17, 2019. Conclusion City Administration recommends approval of the MOA that accompanies this Memo, thereby agreeing to accept title to and responsibility for the Nebraska State Veterans Home Cemetery 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 Sample Motion Move to approve the resolution. Grand Island Council Session - 1/28/2020 Page 493 / 518 Memorandum of Agreement This memorandum of Agreement between the City of Grand Island (“City”) and the State of Nebraska by and through the Nebraska Department of Administrative Services, (“State”) this 17th day of December, 2019. Whereas, a cemetery is located on the grounds of the Grand Island Veterans Home (GIVH). Parcel # 400145379, miscellaneous tracts S5-T11-R9; 3.76 Acres Parcel# 400145376, miscellaneous tracts S5-T11-R9; 2.28 Acres Whereas, the State of Nebraska intends to transfer ownership of the Grand Island Veterans Cemetery to the City of Grand Island. Now, therefore, in consideration of the premises herein, the City and State agree as follows: 1)Commencing upon final approval of this Memorandum of Agreement by State and by City , and transfer of the property to City, the City shall: a)Assume responsibility for general maintenance of the cemetery grounds to including, but not limited to,the following: general landscaping maintenance and snow removal. b)Protect the cemetery by continued maintenance of fencing and protective boundary obstacles to general accessible areas. c)Protect the cemetery grounds from commercial and residential encroachment through greenspace buffer or the addition of public cemetery areas. d)Permit future internments of those individuals identified on the list of reserved gravesites provided by State on January 4, 2019 (the “reserved internments”). Additional internments shall be permitted at the discretion of City’s City Council. e)For reserved internments only, open and close the gravesite and set headstones provided by the United States Department of Veterans Affairs, all at no cost or fee to the deceased’s estate or next of kin. City’s fee schedule and policies shall apply to all non- reserved internments permitted by City. f)Unless otherwise permitted by City, only headstones provided by United States Department of Veterans Affairs, shall be permitted. g)Maintain the cemetery records received from the state and shall update such records as needed. 2)Upon approval of this Memorandum of Agreement by State and City, State agrees to transfer the Veterans Home Cemetery property to the City of Grand Island by quitclaim deed. Grand Island Council Session - 1/28/2020 Page 494 / 518 Dated: _______________________, 2020.Dated: _______________________, 2020. STATE OF NEBRASKA, DEPARTMENT OF ADMINISTRATIVE SERVICES CITY OF GRAND ISLAND BY: _________________________________By: ________________________________ Roger G. Steele, Mayor [attest] _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 495 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-31 WHEREAS, the Memorandum of Agreement, executed in March and April, 2016, by and between the City of Grand Island (“City”) and the State of Nebraska Department of Administrative Services (“DAS”) contemplated that DAS would transfer the former Nebraska State Veterans Home buildings, campus grounds, and cemetery to the City upon mutually agreeable terms; and WHEREAS, it is right and fitting that the City and community honor the veterans interred at the Nebraska Veterans Home Cemetery at Grand Island by accepting transfer of the Veterans Home Cemetery, thereby assuming responsibility for the continued maintenance and care of the cemetery grounds pursuant; and WHEREAS, the prior Memorandum of Agreement dated December 17, 2019 with DAS was not approved by DAS and is replaced with a Memorandum of Agreement dated January ___, 2020. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Memorandum of Agreement by and between City and DAS dated January ___, 2020 should be and is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 496 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-17 #2020-32 - Approving Final Plat and Subdivision Agreement for Nikodym Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 497 / 518 Council Agenda Memo From:Regional Planning Commission Meeting:January 28, 2020 Subject:Nikodym Subdivision – Preliminary and Final Plat Presenter(s):Chad Nabity, AICP, Regional Planning Director Background A replat of all of Lot1, Super Bowl Subdivision, in the City of Grand Island, Hall County, Nebraska. Located east of Cherry St and north of Bismark Rd. (3 lots, 19.492).This property is zoned CD- Commercial Development Zone and is in the process of being rezone to RD- Residential Development & Amended CD- Commercial Development Zone Discussion The preliminary and final plats for Nikodym Subdivision were considered at the Regional Planning Commission at the January 8, 2020 meeting. A motion was made by Ruge and second by Rubio to approve the preliminary and final plat as presented. A roll call vote was taken and the motion passed with 9 members present and voting in favor (O’Neill, Nelson, Ruge, Maurer, Robb, Monter, Rubio, Allan, and Rainforth) 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 Recommendation City Administration recommends that Council approve the final plat as presented. Grand Island Council Session - 1/28/2020 Page 498 / 518 Sample Motion Move to approve as recommended. Grand Island Council Session - 1/28/2020 Page 499 / 518 Developer/Owner Gosan Inc, A Nebraska Corporation 1010 Bismark Rd. Grand Island, NE 68801 Size: Final Plat 3 lots, 19.942 Acres Zoning: RD Residential Development Zone and CD Commercial Development Zone Road Access: Existing Streets Water Public: City water is available and will be extended to all lots. Sewer Public: City sewer is available and will be extended to all lots. Grand Island Council Session - 1/28/2020 Page 500 / 518 N28°22 '36 "W 1061 .13 ' (M ) 1061 .06 ' (P ) S89°35'19"E 1165.09'(M) 1165.04'(P)S00°00'38"E 929.99'(M) 930.0'(P)N89°35'23"W 660.92'(M) 660.96'(P) S89°35'19"E 1365.10'(M) 200.01'(M) 200'(P1) S89°33'12"E 219.79'(M) 220'(P1) 219.87'(P2) LOT 1 LOT 2 LOT 3476.59 ' (M ) 288.90'(M)N00°18'06"E 516.97'(M)170.49 ' (M ) N90°00'00"E 652.55'(M)150.00'(M)N90°00'00"W 570.73'(M) 372.02'(M)414.05 ' (M ) N90°00'00"E 570.73'(M)366.97'(M)FAX 308.384.8752 TEL 308.384.8750 201 East 2nd Street Grand Island, NE 68801 Grand Island Council Session - 1/28/2020 Page 501 / 518 Grand IslandCouncil Session - 1/28/2020Page 502 / 518 SUBDIVISION AGREEMENT NIKODYM SUBDIVISION (Lots 1 through 3) In the City of Grand Island, Hall County Nebraska The undersigned GOSAN INC., A NEBRASKA CORPORATION 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 1, SUPER BOWL SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. SAID TRACT CONTAINS A CALCULATED AREA OF 849,075.17 SQUARE FEET OR 19.492 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 NIKODYM SUBDIVISION, designating explicitly the land to be * This Space Reserved for Register of Deeds * Grand Island Council Session - 1/28/2020 Page 503 / 518 - 2 - 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 NIKODYM 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 waive the right to object to the creation of any paving or repaving district for Cherry Street and Bismark Road where they about 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 all new structures requiring service shall be connected to such sanitary sewer supply. 4.Storm Drainage. The Subdivider agrees to provide and maintain positive drainage from all lots, according to the drainage plan, 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 Grand Island Council Session - 1/28/2020 Page 504 / 518 - 3 - 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 2 and 3 are built upon, and such sidewalk shall be regulated and required with the building permit for each such lot. The Subdivider must select curb or conventional sidewalk for each street unless the requirement has been waived by Council. Street Name Curb sidewalk Conventional Sidewalk Sidewalk Requirement Waived by Council Cherry Street X NO Bismark Road X NO Immediate sidewalk construction adjacent to Lot 1 shall be waived. However, the sidewalks shall be constructed when the property owner is directed to do so by the City Council. In the event a Street Improvement District is created to pave any public street in the subdivision, the Subdivider agrees to install public sidewalks within one year of the completion of such street improvement district in accordance with the City of Grand Island Sidewalk Policy 6.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. 7.RD Zone. The Subdivider agrees to follow the R2 – Low Density Residential setbacks, height and coverage requirement for any construction on Lot 2 with a Grand Island Council Session - 1/28/2020 Page 505 / 518 - 4 - minimum front yard setback from Cherry Street of 30 feet to provide the required landscape buffer in the RD zone. The subdivider also agree that development of lot 3 shall be restricted with no further development until such time a plan is presented to and approved by the Grand Island City Council or the property is rezoned to another zoning district. 8.CD Zone. Lot 1 shall be maintained for commercial purposes including a car museum, private library and reception hall as permitted in the CD zoning district and in compliance with all building and life safety codes adopted and enforced by the City of Grand Island. 9.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. 10.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 Grand Island Council Session - 1/28/2020 Page 506 / 518 - 5 - with the Director of Public Works by the Subdivider prior to acceptance of these improvements by the City. 11.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 NIKODYM 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. 12.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 _____________________, 2020. GOSAN INC., A NEBRASKA CORPORATION By: ____________________________________ George J. Overfield Jr., President STATE OF NEBRASKA ) ) ss COUNTY OF HALL ) On _________________________, 2020, before me, the undersigned, a Notary Public in and for said County and State, personally appeared George J. Overfield Jr., President of Gosan Inc., a Nebraska Corporation, known personally to me to be the identical person and such officer 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 Gosan Inc., a Nebraska Corporation. WITNESS my hand and notarial seal the date above written. _____________________________________________ Notary Public Grand Island Council Session - 1/28/2020 Page 507 / 518 - 6 - 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 _________________________, 2020, 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 2020-____, and that the City's corporate seal was thereto affixed by proper authority. WITNESS my hand and notarial seal the date above written. ______________________________________________ Notary Public My commission expires: ____________________ Grand Island Council Session - 1/28/2020 Page 508 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-32 WHEREAS Gosan Inc., A Nebraska Corporation being the said owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as “NIKODYM SUBDIVISION”, a replat of all of Lot 1, Super Bowl 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 NIKODYM 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, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 509 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item G-18 #2020-33 - Approving Support of Establishment of a State Veterans Cemetery Staff Contact: Jerry Janulewicz Grand Island Council Session - 1/28/2020 Page 510 / 518 Council Agenda Memo From:Jerry Janulewicz, City Administrator Meeting:January 28, 2020 Subject:Resolution of Support for Establishment of a State Veterans Cemetery. Presenter(s):Jerry Janulewicz, City Administrator Background During the current session of the Nebraska Legislature, Senators Quick and Brewer introduced LB911 which provides for the establishment of a State Veterans Cemetery in Grand Island on lands to include the Nebraska State Veterans Home Cemetery located at the intersection of Capital Avenue and Webb Road. Currently, the only Nebraska State Veterans Cemeteries are located in Box Butte and Sarpy Counties. Creation of a State Veterans Cemetery in Grand Island is supported by the Hall County Board of Commissioners and by a group of Veterans advocates, who are requesting that the City Council and Mayor express support for the establishment of a State Veterans Cemetery through adoption of a resolution of support. Discussion State veterans cemeteries are typically developed utilizing grant funds made available to states by the United States Department of Veterans Affairs (VA). Project grants are not considered until the state has acquired title to the lands to be developed and have appropriated the necessary matching funds required by the grant. In addition to these basic requirements, the VA typically will require sufficient cemetery area to accommodate the projected burial needs for a minimum of 20 years, and include necessary parking, assembly, and other areas necessary for a properly functioning cemetery. Thus, the area that comprises the current cemetery is not sufficient for a State Veterans Cemetery. Additional lands from the City will be required by the State before submitting a cemetery development grant application to the VA. If LB911 is enacted, City administration will engage in discussions with the Nebraska Department of Veterans Affairs to determine the desired area to be conveyed for the cemetery and the terms of any such transfer. Grand Island Council Session - 1/28/2020 Page 511 / 518 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 approval of the Resolution supporting the establishment of a State Veterans Cemetery in Grand Island. Sample Motion Move to approve the resolution. Grand Island Council Session - 1/28/2020 Page 512 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-33 WHEREAS, LB911 before the Legislature of Nebraska, One Hundred Sixth Legislature, Second Session, was introduced by Senators Quick and Brewer; and WHERAS, if enacted, LB911 directs the Director of the Nebraska Department of Veterans Affairs to negotiate with the City of Grand Island for acquisition of lands for the establishment of a State Veterans Cemetery and to seek grant funds for development of the same; and WHEREAS, a State Veterans Cemetery in Grand Island would consist of the existing Nebraska State Veterans Home Cemetery and additional abutting lands sufficient in size to qualify for development grant funds from the United States Department of Veterans Affairs; and WHEREAS, the members of the City Council and Mayor of the City of Grand Island desire to express their collective support for the establishment of a State Veterans Cemetery at the site of the former Nebraska State Veterans Home Cemetery. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council and Mayor of the City of Grand Island hereby supports the establishment of a State Veterans Cemetery at the site of the former Nebraska State Veterans Home Cemetery. - - - Adopted by the City Council of the City of Grand Island, Nebraska, on January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 513 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item I-1 #2020-34 - Consideration of Approving Amendment to the Redevelopment Plan for CRA No. 17 for Phase 3 of the Prairie Commons Development located West of Ewoldt Street, South of Husker Highway (Tabitha Grand Island, Inc.) This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 1/28/2020 Page 514 / 518 Approved as to Form ¤ ___________ January 24, 2020 ¤ City Attorney R E S O L U T I O N 2020-34 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. 17 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 a senior living facility with a combination of independent living, assisted living, skilled and memory care and all necessary site work, streets, grading and public infrastructure along with eligible planning expenses and fees associated and other eligible activities 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 - 1/28/2020 Page 515 / 518 1.The Redevelopment Plan of the City approved for Redevelopment Area No. 17 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 - 1/28/2020 Page 516 / 518 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, January 28, 2020. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/28/2020 Page 517 / 518 City of Grand Island Tuesday, January 28, 2020 Council Session Item J-1 Approving Payment of Claims for the Period of January 15, 2020 through January 28, 2020 The Claims for the period of December 31, 2019 through January 14, 2020 for a total amount of $4,733,570.89. A MOTION is in order. Staff Contact: Patrick Brown Grand Island Council Session - 1/28/2020 Page 518 / 518