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12-17-2013 City Council Regular Meeting Packet City of Grand Island Tuesday, December 17, 2013 Council Session Packet City Council: Linna Dee Donaldson John Gericke Peg Gilbert Chuck Haase Julie Hehnke Vaughn Minton Mitchell Nickerson Bob Niemann Mike Paulick Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 12/17/2013 Page 1 / 334 City of Grand Island Tuesday, December 17, 2013 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation - Pastor Stan Davis, New Life Community Church, 301 West 2nd 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 - 12/17/2013 Page 2 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-1 Public Hearing on Request from Carnivores Meat Supply LLC dba Carnivores Meat Supply, 3721 W. Old Potash Highway for a Class “C” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 12/17/2013 Page 3 / 334 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:December 17, 2013 Subject:Public Hearing on Request from Carnivores Meat Supply LLC dba Carnivores Meat Supply, 3721 W. Old Potash Highway for a Class “C” Liquor License Item #’s:E-1 & I-1 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 Carnivores Meat Supply LLC dba Carnivores Meat Supply, 3721 W. Old Potash Highway 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 inside the corporate limits of the city. Grand Island Council Session - 12/17/2013 Page 4 / 334 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. Also submitted with the application was a request from Eric Muth, 3527 South Blaine Street for a Liquor Manager Designation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 2.Forward to the Nebraska Liquor Control Commission with no recommendation. 3.Forward to the Nebraska Liquor Control Commission with recommendations. 4.Deny the application. Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve this application. Sample Motion Move to approve the application for Carnivores Meat Supply LLC dba Carnivores Meat Supply, 3721 W. Old Potash Highway for a Class “C” Liquor License contingent upon final inspections and Manager Designation for Eric Muth, 3527 South Blaine Street contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 12/17/2013 Page 5 / 334 12/06/13 Grand Island Police Department 450 15:18 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 13:40:48 11/21/2013 Occurred before : 13:40:48 11/21/2013 When reported : 13:40:48 11/21/2013 Date disposition declared : 11/21/2013 Incident number : L13112782 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 3721 Old Potash Hwy W State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 8573 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- NM 9609 12/03/13 Muth, Eric D Owner/Manager NM 73142 12/03/13 Reiners, Michael E Owner NM 93512 12/03/13 Reiners, Charlene A Owner NM 108232 12/03/13 Dinkelman, Jennifer L Owner NM 121695 12/03/13 Dinkelman, Brian M Owner NM 171707 12/03/13 Muth, Emily C Owner LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT24 LT24 Specialty Store LAW INCIDENT NARRATIVE: Carnivores Meat Supply is Requesting a Class C Liquor License, and Eric Muth Applied to be the Liquor Manager. Grand Island Council Session - 12/17/2013 Page 6 / 334 LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 13:53:12 12/05/2013 Grand Island Police Department Supplemental Report Date, Time: Thu Dec 05 13:53:27 CST 2013 Reporting Officer: Vitera Unit- CID Carnivores Meat Supply is applying for a Class C (beer, wine, distilled spirits, on and off sale) LLC liquor license. Three couples are listed on the application, and all of them have lived in Grand Island for at least the last ten years. The couples are: Brian and Jennifer Dinkelman, Michael and Charlene Reiners, and Eric and Emily Muth. Eric is applying to be the liquor manager. Part of the application asks if anyone has been convicted or plead guilty to any charge. Brian Dinkelman disclosed a DUI from 1999, but no one else disclosed anything. I checked Spillman and NCJIS on all six applicants. Eric Muth has a speeding ticket listed in Spillman. NCJIS shows five traffic convictions. One was for no valid registration, and the other four were for speeding. Emily Muth doesn't have any violations listed in Spillman or NCJIS. Michael Reiners doesn't have any potential violations in Spillman and has one speeding conviction listed in NCJIS. Charlene Reiners doesn't show any possible convictions in Spillman. She has one conviction for speeding listed in NCJIS. Brian Dinkelman doesn't have any undisclosed convictions in Spillman or NCJIS. Jennifer Dinkelman doesn't have any convictions listed in either Spillman or NCJIS. I also did some Internet checks on the applicants and didn't find anything damaging to the application. On the application, it clearly asks "Has anyone who is a party to this application, or their spouse, ever been convicted of or plead guilty to any charge? Charge means any charge alleging a felony, misdemeanor, violation of a federal or state law, a violation of a local law, ordinance or resolution." It further asks that the applicant, "List the nature of the charge, where the charge occurred and the year and the month of the conviction or plea. Also list any charges pending at the Grand Island Council Session - 12/17/2013 Page 7 / 334 time of this application. If more than one party, please list charges by each individual's name." Some of the applicants' failure to disclose their traffic convictions technically makes the applications false according to the Nebraska Liquor Control Act (Part II Chapter 2 Section 010.01) which states: "No applicant for a liquor license, or partner, principal, agent or employee of any applicant for a liquor license shall provide false or misleading information to the Nebraska Liquor Control Commission, its executive director, or employees. Any violation of this provision may result in denial of application for a liquor license or, in the event that a license has already been issued, suspension, cancellation or revocation of such license." None of the traffic convictions are serious or rise to the level of a Class I Misdemeanor in a specified crime under Nebraska State Statute Chapter 28 that would automatically preclude the applicants from receiving a liquor license. On 12/5/13, Investigator Dan Fiala with NSP, and I met with Eric Muth at Carnivores Meat Supply. Eric said the business is not a bar. They will typically close at 6 PM. He envisions some of his customers either sitting down and having a beer before they pick up some meat or buying some beer to take home with their meat. He said he will have a couple of big screen televisions, a few tables, and a small bar with one cooler. Carnivores will just offer beer, however, they applied for the Class C License so they can have other options if they have cooking events inside the business. Eric said he will have one part time employee whose sole responsibility will be selling and serving the alcohol. That employee will only help other customers if no one in the business is buying or consuming alcohol. All in all, the applicants have lived in Grand Island for a considerable amount of time and have no criminal history in Nebraska other than a few minor traffic violations. Other than failing to disclose those minor convictions, I didn't see any glaring problems with the application. As long as employees are good at checking ID's, I don't foresee any problems with alcohol consumption at this business. The GIPD doesn't object to Carnivores Meat Supply receiving a liquor license or to Eric Muth being the liquor manager. Grand Island Council Session - 12/17/2013 Page 8 / 334 Claude RdW estgate RdOld Potash Hwy W Gold RdDiers Ave NUS Highway 281 SUS Highway 30 W Arch AveUS Highway 281 NKaufman Ave J o h n sto w n R dCopper RdSilver Rd Arlington Cir US Highway 281 SUS Highway 30 W US Highway 281 Nµ Liquor Application3721 Old Potash HwyCarnivores Meat Supply Legend Liquor License Locations3721 Old Potash Hwy 1500' Radius Grand Island Council Session - 12/17/2013 Page 9 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-2 Public Hearing on Request from The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street for a Catering Designation to Class “I-86925” Liquor License Staff Contact: RaNae Edwards Grand Island Council Session - 12/17/2013 Page 10 / 334 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:December 17, 2013 Subject:Public Hearing on Request from The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street for a Catering Designation to Class “I-86925” Liquor License Item #’s:E-2 & I-2 Presenter(s):RaNae Edwards, City Clerk Background The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street has submitted an application for a catering designation to their Class “I-86925” Liquor License. This request would allow The Chocolate Bar to deliver, sell or dispense alcoholic liquors, including beer, for consumption at a location designated on a Special Designated License (SDL). Discussion 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, Police, and Health Departments. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the application. 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. Grand Island Council Session - 12/17/2013 Page 11 / 334 Recommendation Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the application. Sample Motion Move to approve the application for a catering designation from The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street Liquor License “I-86925”. Grand Island Council Session - 12/17/2013 Page 12 / 334 12/09/13 Grand Island Police Department 450 14:09 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 12:07:21 12/09/2013 Occurred before : 12:07:21 12/09/2013 When reported : 12:07:21 12/09/2013 Date disposition declared : 12/09/2013 Incident number : L13121103 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 116 3rd St W State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : T Telephone Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 11327 Long-term call ID : Clearance Code : CL Case Closed Judicial Status : NCI Non-criminal Incident = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ----------------------------------------------------------------------- NM 35658 12/09/13 Anson, Amos C Owner NM 111396 12/09/13 Anson, Sharena D Owner NM 162517 12/09/13 The Chocolate Bar, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: The Chocolate Bar is Seeking a Catering License. LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 Grand Island Council Session - 12/17/2013 Page 13 / 334 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 12:15:01 12/09/2013 318 Grand Island Police Department Supplemental Report Date, Time: Mon Dec 09 12:15:15 CST 2013 Reporting Officer: Vitera Unit- CID The Chocolate Bar is applying for a catering license. I did the original liquor license investigation on The Chocolate Bar about three years ago to the day. At that time, the Grand Island Police Department didn't have any objections to the license, and The Chocolate Bar ultimately received its liquor license. I checked the Nebraska Liquor Control Commission's web site and didn't find any violations since The Chocolate Bar has had its license. I checked Spillman and didn't find any problems either. I also checked NCJIS on Amos and Sharena Anson to see if they have any new convictions which would affect their license or this application. Amos has a couple of new traffic convictions, and Sharena has one new traffic conviction. Nothing has significantly changed between the last investigation and this one. The Chocolate Bar has been in business with a liquor license for over two years, and I can't find any documented problems that would negatively impact this application. The Grand Island Police Department has no objection to The Chocolate Bar getting a catering license. Grand Island Council Session - 12/17/2013 Page 14 / 334 Pin e St N Oak St S4th St E1st St W O a k St N 2nd St W3rd St WWaln ut S t N 1st St E5th St E2nd St ES y c a m o re S t N El m St S 3rd St E4th St W Locust St SKoenig St W El m S t N D ivision St W C e d ar S t S5th St W 6th St EPine St SCharles St W6th St W Kimball Ave SL o c u st St N E d d y S t S Waln ut St S Sycamore St SC le b ur n S t S Vin e St N 7th St W Ashton Ave EWh e eler A v e N Division St EClark S t S Louise St W8th St W South Front St EC le b urn St N Vin e St S7th St EPlu m St N C e d ar St N Charles St ESouth Front St W U P R R D riv e K i m b all A v e N Wh e eler A v e S Y und S tE d d y St N Court St E Schuff St Ashton Ave W Koenig St W W h e eler A v e N L o c u st S t N Vin e St N Plu m S t N Charles St W K i m b all A v e N µ Liquor Application116 West 3rd StThe Chocolate Bar Legend Liquor License Locations116 W 3rd St. 1500' Radius Grand Island Council Session - 12/17/2013 Page 15 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-3 Public Hearing on Request from Hazel L. Struble for a Conditional Use Permit for Off Street Parking for Grand Island Public Schools Located at 421 West 9th Street Staff Contact: Craig Lewis Grand Island Council Session - 12/17/2013 Page 16 / 334 Council Agenda Memo From:Craig Lewis, Building Department Director Meeting:December 17, 2013 Subject:Request of Hazel Struble and the Grand Island Public Schools for Approval of a Conditional Use Permit to Construct a Parking Lot at 421 West 9th Street Item #’s:E-3 & H-1 Presenter(s):Craig Lewis, Building Department Director Background This request is for approval of a conditional use permit to allow for the construction of a parking lot at the above referenced address. The property is currently zoned R-4 High Density Residential and as such a parking lot is a listed conditional use. Conditional uses as listed in the zoning code must be approved by the City Council after a finding that the proposed use promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Discussion This proposal is to construct a parking lot on a residential zoned property south of Howard school. The property is located south of the school and southeast of the intersection of 9th Street and Cedar Street. A dwelling and detached garage currently exist on the site, they would be removed to facilitate the construction and provide parking for the elementary school. Because the property is zoned R-4, landscaping regulations provided in the City Code would be required. As a plan of the proposed construction has not been provided with this application I would suggest that the following items need to be included as part of the construction permit: permanent type, dust free surface in conformance with section 36-96, and landscaping as provided in section 36-102. The landscape provisions in the City Code would require a ten foot landscape buffer adjacent to the streets, and plantings of two canopy trees, two understory trees, and six shrubs. Fencing for the parking lot is only proposed along the east property line to buffer the residential property to the east and no parking lot lighting is proposed at this time. Grand Island Council Session - 12/17/2013 Page 17 / 334 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a Conditional Use Permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2.Disapprove or /Deny the request finding that the proposal does not conform to the purpose of the zoning regulations. 3.Modify the request to meet the wishes of the Council. 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue Recommendation City Staff recommends that the Council approve the conditional use permit with the condition that all applicable City Code sections including landscaping are provided in compliance with the City Code and finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Grand Island Council Session - 12/17/2013 Page 18 / 334 Grand Island Council Session - 12/17/2013 Page 19 / 334 Grand Island Council Session - 12/17/2013 Page 20 / 334 Grand Island Council Session - 12/17/2013 Page 21 / 334 Grand Island Council Session - 12/17/2013 Page 22 / 334 816 421 506 822 517 317408 514 517 408 804 422 503 402 323 510 604 809 422 511 320 422 715 409 816 618 915 712 807 523 810 518 810 412 514 409 402 312 524 502 415 418 403 721 407 614 316 812 508 315 509 417 822 818 921 515 521 418 608 500 410 504 422.5 420.5 408.5 409.5 415.5816.5 9th St W 8th St WEl m S t N10th St W C e d ar S t N Waln ut S t N C e d ar S t N LOCATION MAP ¯ Grand Island Council Session - 12/17/2013 Page 23 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-4 Public Hearing on Request from Dawn Dreikosen for a Conditional Use Permit for Off Street Parking for Grand Island Public Schools Located at 1323 West 7th Street Staff Contact: Craig Lewis Grand Island Council Session - 12/17/2013 Page 24 / 334 Council Agenda Memo From:Craig Lewis, Building Department Director Meeting:December 17, 2013 Subject:Request of Dawn Dreikosen and the Grand Island Public Schools for Approval of a Conditional Use Permit to Construct a Parking Lot at 1323 West 7th Street Item #’s:E-4 & H-2 Presenter(s):Craig Lewis, Building Department Director Background This request is for approval of a conditional use permit to allow for the construction of a parking lot at the above referenced address. The property is currently zoned R-4 High Density Residential and as such a parking lot is a listed conditional use. Conditional uses as listed in the zoning code must be approved by the City Council after a finding that the proposed use promotes the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Discussion This proposal is to construct a parking lot on a residential zoned property south of Jefferson school. The property is located south of the school and southeast of the intersection of 7th Street and Jefferson Street. A dwelling and detached garage currently exist on the site, and it appears they would be removed to facilitate the construction and provide parking for the elementary school. Because the property is zoned R-4 the landscaping regulations provided in the City Code would be required. As a plan of the proposed construction has not been provided with this application I would suggest that the following items need to be included as part of the construction permit: permanent type, dust free surface in conformance with section 36-96, and landscaping as provided in section 36-102. The landscape provisions in the City Code would require a ten foot landscape buffer adjacent to the streets, and plantings of two canopy trees, two understory trees, and six shrubs. Fencing for the parking lot is only proposed along the east property line to buffer the residential property to the east and no lighting is proposed at this time. Grand Island Council Session - 12/17/2013 Page 25 / 334 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request for a Conditional Use Permit finding that the proposed use is a listed conditional use in the zoning code and that it will not be detrimental to public health, safety, and the general welfare of the community. 2.Disapprove or /Deny the request finding that the proposal does not conform to the purpose of the zoning regulations. 3.Modify the request to meet the wishes of the Council. 4.Refer the matter to a special committee for a determination of a finding of fact. 5.Table the issue Recommendation City Staff recommends that the Council approve the conditional use permit with the condition that all applicable City Code sections including landscaping are provided in compliance with the City Code and finding that the request does promote the health, safety, and general welfare of the community, protects property against blight and depreciation, and is generally harmonious with the surrounding neighborhood. Sample Motion Move to approve the requested conditional use permit as specified in the staff recommendation published in the Council packet and presented at the City Council meeting and finding that the application will conform with the purpose of the zoning regulations. Grand Island Council Session - 12/17/2013 Page 26 / 334 Grand Island Council Session - 12/17/2013 Page 27 / 334 Grand Island Council Session - 12/17/2013 Page 28 / 334 Grand Island Council Session - 12/17/2013 Page 29 / 334 624 524 611 642 638 622 628 513 523 519 612 632 636 715 719 614 610 611 1503 1421 1215 1222 1307 1414 1312 1419 1404 1322 1403 1312 1407 1311 1322 1312 1418 1322 1223 1216 1303 1411 1409 1219 1408 1413 1212 1318 1317 1309 1317 1420 1223 1314 1309 1410 1419 1323 1318 1308 1504 1315 1304 1316 1308 1416 1210 7th St W 6th St WBroadwell Ave NA d a ms S t N8th St W J e ffer s o n S t N M a d is o n S t N J effe r s o n S t N LOCATION MAP ¯ Grand Island Council Session - 12/17/2013 Page 30 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-5 Public Hearing on Acquisition of Utility Easement Located North of US Hwy. 30 and East of Engleman Road - West Park Plaza Mobile Home Park Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 31 / 334 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:December 17, 2013 Subject:Acquisition of Utility Easement – North of US Highway 30, and East of Engleman Road – West Park Plaza Mobile Home Park, LLC Item #’s:E-5 & G-14 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 an easement relative to the property owned by West Park Plaza Mobile Home Park, LLC, located north of US Highway 30, and east of Engleman Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion West Park Plaza is increasing the size of the electrical service and the Utilities Department needs to upgrade the cables and transformers feeding those services. This easement will be used to place new cable and transformers to improve the service to the Park. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 12/17/2013 Page 32 / 334 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 - 12/17/2013 Page 33 / 334 Grand IslandCouncil Session - 12/17/2013Page 34 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-6 Public Hearing on Acquisition of Utility Easement Located North of U.S. Hwy. 30, South of Westgate Road and East of North Road - Chief Industries Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 35 / 334 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:December 17, 2013 Subject:Acquisition of Utility Easement – North of U.S. Hwy. 30, south of Westgate Road, and east of North Road – Chief Industries Item #’s:E-6 & G-15 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 an easement relative to the property of Chief Industries, Inc., located north of U.S. Highway 30, south of Westgate Road, and east of North Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion The original easement between Lots Three (3) and Four (4) was to be used for electric and water lines. Sewer has been added to this easement area, which requires a minimum clearance from the water line. To allow the area necessary for the electric supply, this easement will provide for the location of electrical conduit, cable, and a pad-mounted transformer to provide power to Lot Three (3), and possible Lot Four (4) in the future. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 12/17/2013 Page 36 / 334 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 - 12/17/2013 Page 37 / 334 Grand IslandCouncil Session - 12/17/2013Page 38 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-7 Public Hearing on Acquisition of Utility Easement Located North of Brome Grass Drive and West of Yarrow Drive - The Guarantee Group, L.L.C. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 39 / 334 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:December 17, 2013 Subject:Acquisition of Utility Easement – North of Brome Grass Drive, and west of Yarrow Drive – The Guarantee Group, L.L.C. Item #’s:E-7 &G-16 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 an easement relative to the property of the Guarantee Group, L.L.C., located north of Brome Grass Drive, and west of Yarrow Drive, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair water lines. Discussion Copper Creek Estates is being constructed in phases. The water system needs to be extended across a part of a future phase to provide a loop system and provide for future extension of the water lines. This easement will be included as part of the public right-of- way in a future phase of development, but is needed now to provide the loop for both water flow and fire protection. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 12/17/2013 Page 40 / 334 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 - 12/17/2013 Page 41 / 334 Grand Island Council Session - 12/17/2013 Page 42 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-8 Public Hearing on Acquisition of Utility Easement Located West of U.S. Hwy. 281 and North of Stolley Park Road - Roe Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 43 / 334 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:December 17, 2013 Subject:Acquisition of Utility Easement – West of U.S. Hwy. 281, and North of Stolley Park Road - Roe Item #’s:E-8 & G-17 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 an easement relative to the property of Timothy Roe and Merlene Roe located just west of U.S. Hwy. 281, and north of Stolley Park Road, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion Roe Buick’s secondary electric service was fed from the south side of Stolley Park Road and recently failed, causing an extended electric service outage. Primary electric conduit, cable and a pad-mounted transformer were placed closer to the building to more efficiently provide service. The easement to be acquired is the location of the new electric feed for the business. 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 - 12/17/2013 Page 44 / 334 Grand Island Council Session - 12/17/2013 Page 45 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-9 Public Hearing on Acquisition of Utility Easement Located between Clark Street and Greenwich Avenue at the South Street Intersection - Carmalor NE, L.P. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 46 / 334 Council Agenda Memo From:Tim Luchsinger, Utilities Director Meeting:December 17, 2013 Subject:Acquisition of Utility Easement – Between S. Clark Street and S. Greenwich Avenue and the South Street Intersection – Carmalor Nebraska, L.P. Item #’s:E-9 & G-18 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 an easement relative to the property of Carmalor Nebraska, L.P., located between S. Clark Street and S. Greenwich Avenue at the South Street Intersection, in the City of Grand Island, Hall County, in order to have access to install, upgrade, maintain, and repair power appurtenances, including lines and transformers. Discussion An easement was requested when the electric line was originally installed in this area about 40 years ago. Apparently, the easement was never acquired, even though the line was built. This easement will provide for the required access for maintenance with no planned changes to the infrastructure. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Make a motion to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4. Take no action on the issue Grand Island Council Session - 12/17/2013 Page 47 / 334 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 - 12/17/2013 Page 48 / 334 Grand IslandCouncil Session - 12/17/2013Page 49 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item E-10 Public Hearing on Acquisition of Right-of-Way Located at 922 N. Lambert Street (Grand Island Area Habitat for Humanity) Staff Contact: Chad Nabity Grand Island Council Session - 12/17/2013 Page 50 / 334 Council Agenda Memo From:Chad Nabity, AICP Meeting:December 17, 2013 Subject:Property Exchange with Habitat for Humanity at 12th and Lambert in Grand Island Item #’s:E-10, F-3, F-4 & G-30 Presenter(s):Chad Nabity AICP, Regional Planning Director Background The Grand Island Area Habitat for Humanity has purchased property at 922 N Lambert Street in northeast Grand Island. The purchased property includes 2 fractional lots and 1 full lot of John W. Lambert’s Addition to the City of Grand Island. The property is bordered by Lambert Street on the east, 12th street on the north, Evans Street on the west and an alley on the south. Habitat is requesting that the City of Grand Island vacate right of way for Lambert Street and 12th Street in exchange for right of way for Evans Street. The attached Exhibit A shows the properties to be involved in the exchange. Discussion The proposal is for Habitat to give the City parcel 2 on the west side of the property in exchange for parcels 1 and 3. The exchange as proposed will provide sufficient space for Habitat to replace the one existing home with 2 new homes in the neighborhood. The property has sewer and water available. The additional city property along Evans Street will increase the likelihood that the City can at some point build Evans Street in a manner consistent with City of Grand Island modern street standards. The original subdivisions for this property and the surrounding properties were completed in the 1880s. The street right of way for Evans Street is only 25 feet. Evans is currently a narrow gravel road that looks more like an alley than a street. A public hearing must be held prior to any acquisition of property by the City of Grand Island. Two ordinances and a resolution have been prepared to facilitate this exchange. One ordinance authorizes the sale of the property to Habitat. The other authorizes the acquisition of the property from Habitat. The resolution authorizes the exchange of the properties. All three need to be approved for this to move forward. Grand Island Council Session - 12/17/2013 Page 51 / 334 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 property exchange as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 12/17/2013 Page 52 / 334 Grand Island Council Session - 12/17/2013 Page 53 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item F-1 #9463 - Consideration to Amend and Restate the City of Grand Island, Nebraska Police Officers' Retirement System Plan and Trust Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 12/17/2013 Page 54 / 334 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:December 17, 2013 Subject:Consideration to Amend and Restate the City of Grand Island, Nebraska Police Officer’s and Firefighter’s Retirement System Plan and Trust Item #’s:F-1 & F-2 Presenter(s):Jaye Monter, Finance Director, Greg Anderson, Vice President and Trust Officer, Wells Fargo and William Bradshaw, Attorney from Fitzgerald, Schorr, Barmettler and Brennan, P.C., L.L.O. Background Wells Fargo is the administrator of the City Of Grand Island’s Police Officer’s and Firefighter’s Retirement System Plan and Trust. As administrators of this plan, Wells Fargo is charged with making sure the plans stay in compliance with all federal and state retirement plan laws. The plans are scheduled to be restated every five years pursuant to IRS Revenue Procedure 2007-44. A restatement must incorporate into the plan documents all changes in the federal tax and state retirement plan laws and regulations since the last restatement. Discussion Attached is a synopsis of the changes since the plans were last restated by Council with Ordinances 9195 and 9196 on October 28, 2008. The synopsis and plan document changes were prepared by Thomas McKeon, Attorney at law from Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O in Omaha. Adoption of these changes will insure required compliance of each plan. A copy of both 120 page plan documents and both 23 page Adoption Agreements along with red-line versions is available at the City Clerk’s office for review. Grand Island Council Session - 12/17/2013 Page 55 / 334 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 to amend and restate the Police Officer’s and Firefighter’s Retirement System Plan and Trust. Sample Motion Move to approve to amend and restate the Police Officer’s and Firefighter’s Retirement System Plan and Trust. Grand Island Council Session - 12/17/2013 Page 56 / 334 Municipal Retirement Plans 2013 Restatement Synopsis of Changes The IRS has placed all retirement plans on a staggered restatement schedule. Under the schedule, governmental plans were required to be restated to incorporate all amendments and changes in tax and other laws and related guidance, and if desired filed with the IRS for a determination letter, by January 31, 2009; and then every five years thereafter. In accordance with this schedule, the plan documents again have been restated to incorporate all amendments and changes in tax and other laws and related guidance, and if desired filed with the IRS for a determination letter, by January 31, 2014. Following is a synopsis of some of the primary changes to the restated basic plan document and accompanying adoption agreements since they were last restated. 1.Incorporate changes to tax laws, including the Pension Protection Act of 2006, Heroes Earnings Assistance and Relief Tax Act of 2008 (“HEART Act”) and the Worker, Retiree, and Employer Recovery Act of 2008 (“WRERA”) and IRS guidance. 2.Changes include: Permissible retirement dates for distributions pursuant to federal law. Reference revised qualified plan IRS correction procedure. Federal law changes to applicable mortality table and interest rate for benefit calculations and limitations. HEART Act of 2008 provisions regarding treatment of plan participants who die or become disabled while performing qualified military service. Additional revisions regarding: Benefit limitation pursuant to Internal Revenue Code section 415. Expanded rollovers between plans pursuant to IRS guidance. Domestic relations orders not disqualified by certain timing issues. Specify basis for exemption of governmental plans from certain qualified plan requirements. 3.Update various plan provisions consistent with latest IRS guidance regarding desired language as found in IRS listings of required modifications and cumulative list. 4.Incorporate changes made by the Nebraska Legislature in 2012 to statutory provisions governing police retirement systems (LB 1082). 5.Other revisions to eliminate superseded provisions or integrate the foregoing changes into the adoption agreements and basic plan document. 337168-1 Grand Island Council Session - 12/17/2013 Page 57 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney ORDINANCE NO. 9463 An ordinance of the Mayor and City Council of the City of Grand Island, Nebraska to amend and restate the City of Grand Island, Nebraska Police Officers’ Retirement System Plan and Trust; to authorize further actions; and to provide for repeal of conflicting Ordinances, severability and the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1.Pursuant to Nebraska Statutes, Sections 16-1001 through and including 16-1019 (“Police Retirement Plan Statutes”), the City maintains the City of Grand Island, Nebraska Police Officers’ Retirement System Plan and Trust embodied in plan documents including an adoption agreement and basic plan document constituting an integral part thereof, as well as various amendments required by applicable law (“Plan”). SECTION 2,The Plan is required by applicable tax law to be amended and restated into a restated plan document incorporating prior amendments and changes to tax laws, regulations and other guidance, including the Pension Protection Act of 2006, Heroes, Earnings Assistance and Relief Tax Act of 2008, and Worker, Retiree, and Employer Recovery Act of 2008, and changes to the Police Retirement Plan Statutes. For this purpose, there has been presented to the City a proposed retirement plan and trust embodied in instruments entitled "Adoption Agreement" together with a "Basic Municipal Employees Plan and Trust Agreement" (“Basic Plan Document”) as an integral part thereof (together the Adoption Agreement and Basic Plan Document sometimes are referred to herein together as “Agreements”), which Agreements have been reviewed by legal counsel for the City. Grand Island Council Session - 12/17/2013 Page 58 / 334 ORDINANCE NO. 9463 (Cont.) - 2 - SECTION 3.The City does hereby approve and adopt said Agreements as the amendment and restatement of the Plan, and makes the designations and elections with respect to the Plan as indicated in the Adoption Agreement, to be effective on the date(s) specified in the Adoption Agreement or Basic Plan Document. SECTION 4.That the Mayor is authorized to execute said Adoption Agreement and Basic Plan Document on behalf of the City, and the City Administrator is authorized and directed to provide the same to the Trustee (for its written acceptance, if determined necessary or appropriate), and if directed in this Ordinance or otherwise determined necessary or advisable, to cause said Agreements to be submitted, together with such supporting data as may be necessary or advisable and applicable application fee, to the Internal Revenue Service for ruling as to whether the same complies with the pertinent provisions of the Internal Revenue Code of the United States and, in particular, Sections 401(a) and 501(a) thereof, with authority to make any changes in or to the designations, elections or provisions under or of said Adoption Agreement or Basic Plan Document and take such further actions as the City Administrator determines necessary or appropriate to obtain a favorable ruling or as otherwise required for the qualified status of the Plan. SECTION 5. All ordinances and parts of ordinances as previously enacted that are in conflict with this Ordinance or any part hereof are hereby repealed. SECTION 6.If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this Ordinance. The Mayor and City Council hereby declare that it would have passed this Ordinance and each section, subsection, sentence, Grand Island Council Session - 12/17/2013 Page 59 / 334 ORDINANCE NO. 9463 (Cont.) - 3 - clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. SECTION 7.This Ordinance shall be in force and take effect from and after passage, approval and publication as provided by law. Enacted: December 17, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 60 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item F-2 #9464 - Consideration to Amend and Restate the City of Grand Island, Nebraska Firefighters' Retirement System Plan and Trust This item relates to the aforementioned Ordinance item F-1. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 12/17/2013 Page 61 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney ORDINANCE NO. 9464 An ordinance of the Mayor and City Council of the City of Grand Island, Nebraska to amend and restate the City of Grand Island, Nebraska Firefighters’ Retirement System Plan and Trust; to authorize further actions; and to provide for repeal of conflicting Ordinances, severability and the effective date hereof. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1.Pursuant to Nebraska Statutes, Sections 16-1020 through and including 16-1042, the City maintains the City of Grand Island, Nebraska Firefighters’ Retirement System Plan and Trust embodied in plan documents including an adoption agreement and basic plan document constituting an integral part thereof, as well as various amendments required by applicable law (“Plan”). SECTION 2,The Plan is required by applicable tax law to be amended and restated into a restated plan document incorporating prior amendments and changes to tax laws, regulations and other guidance, including the Pension Protection Act of 2006, Heroes, Earnings Assistance and Relief Tax Act of 2008, and Worker, Retiree, and Employer Recovery Act of 2008. For this purpose, there has been presented to the City a proposed retirement plan and trust embodied in instruments entitled "Adoption Agreement" together with a "Basic Municipal Employees Plan and Trust Agreement" (“Basic Plan Document”) as an integral part thereof (together the Adoption Agreement and Basic Plan Document sometimes are referred to herein together as “Agreements”), which Agreements have been reviewed by legal counsel for the City. SECTION 3.The City does hereby approve and adopt said Agreements as the amendment and restatement of the Plan, and makes the designations and elections with respect Grand Island Council Session - 12/17/2013 Page 62 / 334 ORDINANCE NO. 9464 (Cont.) - 2 - to the Plan as indicated in the Adoption Agreement, to be effective on the date(s) specified in the Adoption Agreement or Basic Plan Document. SECTION 4.That the Mayor is authorized to execute said Adoption Agreement and Basic Plan Document on behalf of the City, and the City Administrator is authorized and directed to provide the same to the Trustee (for its written acceptance, if determined necessary or appropriate), and if directed in this Ordinance or otherwise determined necessary or advisable, to cause said Agreements to be submitted, together with such supporting data as may be necessary or advisable and applicable application fee, to the Internal Revenue Service for ruling as to whether the same complies with the pertinent provisions of the Internal Revenue Code of the United States and, in particular, Sections 401(a) and 501(a) thereof, with authority to make any changes in or to the designations, elections or provisions under or of said Adoption Agreement or Basic Plan Document and take such further actions as the City Administrator determines necessary or appropriate to obtain a favorable ruling or as otherwise required for the qualified status of the Plan. SECTION 5. All ordinances and parts of ordinances as previously enacted that are in conflict with this Ordinance or any part hereof are hereby repealed. SECTION 6.If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this Ordinance. The Mayor and City Council hereby declare that it would have passed this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid. Grand Island Council Session - 12/17/2013 Page 63 / 334 ORDINANCE NO. 9464 (Cont.) - 3 - SECTION 7.This Ordinance shall be in force and take effect from and after passage, approval and publication as provided by law. Enacted: December 17, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 64 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item F-3 #9465 – Consideration of Acquisition of Real Estate Located at 922 N. Lambert Street – Tract 2 from Habitat for Humanity This item relates to the aforementioned Public Hearing item E-10. Staff Contact: Chad Nabity Grand Island Council Session - 12/17/2013 Page 65 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney ORDINANCE NO. 9465 An ordinance directing and authorizing the purchase of real estate from Habitat for Humanity; providing for the giving of notice of such conveyance and the terms thereof; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City of Grand Island, Nebraska, will purchase from Grand Island Area Habitat for Humanity, Inc. a tract of land legally described as: A tract of land comprising a part of Fractional Lot Two (2) in Fractional Block Thirty (36), John W. Lambert’s Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southwest corner of said Fractional Lot Two (2); thence running northwesterly on the southwesterly line of said Fractional Lot Two (2), a distance of Seventeen and Seventy Two Hundredths (17.72) feet, to the ACTUAL Point of Beginning; thence continuing northwesterly on the southwesterly line of said Fractional Lot Two (2), a distance of Twenty Two and Thirty Eight Hundredths (22.38) feet, to the westerly corner said Fractional Lot Two (2); thence running northerly on the west line of said Fractional Lot Two (2), a distance of One Hundred Two and Fifty Four Hundredths (102.54) feet, to the northwest corner of said Fractional Lot Two (2); thence running northeasterly on the northerly line of * This Space Reserved for Register of Deeds * Grand Island Council Session - 12/17/2013 Page 66 / 334 ORDINANCE NO. 9465 (Cont.) - 2 - said Fractional Lot Two (2), a distance of Eleven and Sixteen Hundredths (11.16) feet, to a point Ten (10.00) feet east of the west line of said Fractional Lot Two (2), if extended; thence running southerly parallel with and Ten (10.00) feet east of the west line of said Fractional Lot Two (2), a distance of One Hundred Twenty Seven and Fifty Two hundredths (127.52) feet, to the ACTUAL Point of Beginning and containing 1,150.3 square feet (0.026 acres) more or less. SECTION 2. In consideration for such conveyance the City shall pay Grand Island Area Habitat for Humanity, Inc., the sum of One and No/100 Dollars ($1.00). The buyer will be responsible for the costs of recording the deed and one half the cost of a title insurance owner’s policy and all the cost of any lender’s policy. Conveyance of the real estate above described shall be by warranty deed, upon payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. The conveyance of said real estate is hereby authorized, directed and confirmed; Grand Island Area Habitat for Humanity, Inc., shall make, execute and deliver to the City of Grand Island, a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 5. 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. Grand Island Council Session - 12/17/2013 Page 67 / 334 ORDINANCE NO. 9465 (Cont.) - 3 - Enacted: December 17, 2013 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 68 / 334 Grand Island Council Session - 12/17/2013 Page 69 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item F-4 #9466 – Consideration of Sale of Real Estate Located at 922 N. Lambert Street – Tract 1 and 3 to Habitat for Humanity This item relates to the aforementioned Public Hearing item E-10. Staff Contact: Chad Nabity Grand Island Council Session - 12/17/2013 Page 70 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney ORDINANCE NO. 9466 An ordinance directing and authorizing the sale of real estate to Grand Island Area Habitat for Humanity, Inc.; providing for the giving of notice of such conveyance and the terms thereof; providing for the right to file a remonstrance against such conveyance; providing for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. The City of Grand Island, Nebraska, will convey to Grand Island Area Habitat for Humanity, Inc., two tracts of land legally described as: Tract 1: A tract of land comprising a portion of the street right of way lying adjacent to Lot One (1) and Fractional Lot Two (2), in Fractional Block Thirty Six (36), John W. Lambert’s Addition to the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Beginning at the southeast corner of said Lot One (1); thence running northwesterly on the easterly line of said Lot One (1) and the westerly right of way line of Lambert Street, a distance of One Hundred Thirty One and Ninety Five Hundredths (131.95) feet, to the northeast corner of said Lot One (1); thence * This Space Reserved for Register of Deeds * Grand Island Council Session - 12/17/2013 Page 71 / 334 ORDINANCE NO. 9466 (Cont.) - 2 - running southwesterly on the northerly line of said Lot One (1) and Fractional Lot Two (2), a distance of Seventy Four and Eighty Four Hundredths (74.84) feet, to a point Eleven and Sixteen Hundredths (11.16) feet northeasterly of the northwest corner of said Fractional Lot Two (2); thence running northerly parallel with and Ten (10.00) feet east of the west line of said Fractional Lot Two (2), if extended, a distance of One Hundred Eleven and Nine Hundredths (111.09) feet, to a point on the southerly right of way line of 12th Street if extended; thence running easterly on the extension of the southerly right of way line of 12th Street, a distance of Forty and Twenty Hundredths (40.20) feet, to a point on a line Ten (10.00) feet easterly from and parallel with the easterly line of said Lot One (1) and the westerly right of way line of Lambert Street, if extended; thence running southeasterly on a line Ten (10.00) feet easterly from and parallel with the easterly line of said Lot One (1) and the westerly right of way line of Lambert Street, if extended, a distance of Two Hundred Twelve and Fifteen Hundredths (212.15) feet, to a point on the southerly line of said Lot One (1), if extended; thence running southwesterly on the extension of the southerly line of said Lot One (1), a distance of Ten (10.00) feet, to the point of beginning and containing 6,952.2 square feet (0.160 acres) more or less. Tract 3: A tract of land comprising a part of Fractional Lot Three (3), in Fractional Block Thirty Six (36), John W. Lambert’s Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southeast corner of said Fractional Lot Three (3); thence running southwesterly on the southerly line of said Fractional Lot Three (3), a distance of Eight and Eighty Four Hundredths (8.84) feet; thence running northerly parallel with and Ten (10.00) feet east of the west line of said Fractional Lot Three (3), a distance of Nineteen and Seventy Eight Hundredths (19.78) feet, to a point on the easterly line of said Fractional Lot Three (3); thence running southeasterly on the easterly line of said Fractional Lot Three (3), a distance of Seventeen and Seventy Two Hundredths (17.72) feet, to the point of beginning and containing 78.3 square feet (0.002) acres more or less. SECTION 2. In consideration for such conveyance the purchaser shall pay the City the sum of One and No/100 Dollars ($1.00). The buyer will be responsible for the costs of recording the deed and one half the cost of a title insurance owner’s policy and all the cost of any lender’s policy. Conveyance of the real estate above described shall be by warranty deed, upon Grand Island Council Session - 12/17/2013 Page 72 / 334 ORDINANCE NO. 9466 (Cont.) - 3 - payment of the consideration pursuant to the terms and conditions of an Agreement for Warranty Deed between the parties. SECTION 3. As provided by law, notice of such conveyance and the terms thereof shall be published for three consecutive weeks in the Grand Island Independent, a newspaper published for general circulation in the City of Grand Island. Immediately after the passage and publication of this ordinance, the City Clerk is hereby directed and instructed to prepare and publish said notice. SECTION 4. Authority is hereby granted to the electors of the City of Grand Island to file a remonstrance against the conveyance of such within described real estate; and if a remonstrance against such conveyance signed by registered voters of the City of Grand Island equal in number to thirty percent of the registered voters of the City of Grand Island voting at the last regular municipal election held in such City be filed with the City Council within thirty days of passage and publication of such ordinance, said property shall not then, nor within one year thereafter, be conveyed. SECTION 5. The conveyance of said real estate is hereby authorized, directed and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make, execute and deliver to Grand Island Area Habitat for Humanity, Inc., a warranty deed for said real estate, and the execution of such deed is hereby authorized without further action on behalf of the City Council. SECTION 6. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Grand Island Council Session - 12/17/2013 Page 73 / 334 ORDINANCE NO. 9466 (Cont.) - 4 - Enacted: December 17, 2013. ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 74 / 334 Grand Island Council Session - 12/17/2013 Page 75 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item F-5 #9467 - Consideration of Amending Salary Ordinance Staff Contact: Brenda Sutherland Grand Island Council Session - 12/17/2013 Page 76 / 334 Council Agenda Memo From:Brenda Sutherland, Human Resources Director Meeting:December 17, 2013 Subject:Consideration of Amending Salary Ordinance Item #’s:F-5 Presenter(s):Brenda Sutherland, Human Resources Director Background The City’s Salary ordinance is the instrument that allows employees’ compensation to be paid and allows for transparency to the public as to said compensation. Discussion The purpose of proposed Salary Ordinance 9467 is to support the amendment to the IAFF Local 647 Labor agreement. The positions of Life Safety Inspector and Shift Commander will be represented by IAFF Local 647. The positions were originally approved as non- union. The IAFF questioned representation of these two positions at The Commission of Industrial Relations (CIR) and the CIR agreed that the positions were eligible for membership in the IAFF Local 647. This Salary Ordinance formalizes that decision. The Life Safety Inspector scale will change by 2.5% as did the rest of the positions in the unit. The Shift Commander moved with the other non-union positions and will remain the same at this time. Two other housekeeping measures are also included in this amended salary ordinance. There was a typo on the Public Information Officer scale. The salary tables were correct in the payroll system but incorrect on this table. That has been corrected in this ordinance. The next proposed change is one that should have occurred during the budget process and got lost in the shuffle. The salary ordinance that was presented for the new budget year was to have requested the title for the Manager of Engineering services to be amended to Assistant Public Works Director/Manager of Engineering Services. There is no change in the pay scale associated with title change. The Public Works Director feels it is important for continuity purposes to formally define who the next in command would be in the department in his absence. This position has filled in at this capacity while the Public Works Director position was vacant in the past. Grand Island Council Session - 12/17/2013 Page 77 / 334 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 Salary Ordinance #9467 Sample Motion Move to approve Salary Ordinance #9467 Grand Island Council Session - 12/17/2013 Page 78 / 334 Approved as to Form ¤ ___________ December 11, 2013 ¤ City Attorney ORDINANCE NO. 9467 An ordinance to amend Ordinance 9439 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 add the non-union positions and salary ranges for MPO Program Manager, GIS Coordinator-PW, Civil Engineer I, and Civil Engineer II; to amend the salary ranges of non-union employeesLife Safety Inspector; to move the position Shift Commander of Life Safety Inspector from non-union to the IAFF labor agreement; to correct the salary range of Public Information Officer; to amend the salary ranges of the employees covered under the AFSCME labor agreement, IBEW-Utilities and IBEW-Finance labor agreements, the IBEW-WWTP labor agreement, the IBEW- Service/Clerical labor agreement, the FOP labor agreement and the IAFF labor agreementto rename the non-union position of Manager of Engineering Services to Assistant Public Works Director/Manager of Engineering Services; and to repeal those portions of Ordinance No. 9439 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 22.4279/32.0978 Exempt Grand Island Council Session - 12/17/2013 Page 79 / 334 ORDINANCE NO. 9467 (Cont.) - 2 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Solid Waste 16.5408/21.4897 40 hrs/week Assistant to the City Administrator 21.8156/30.7100 Exempt Assistant Public Works Director/Manager of Engineering Services 32.3969/48.2211 Exempt Assistant Utilities Director – Distribution 44.4396/62.7001 Exempt Assistant Utilities Director – Production 48.1230/67.9215 Exempt Assistant Utilities Director – Transmission 48.1230/67.9215 Exempt Attorney 27.9079/43.0605 Exempt Biosolids Technician 17.6851/26.0771 40 hrs/week Building Department Director 32.6923/47.7958 Exempt CADD Operator 20.0830/28.8903 40 hrs/week Cemetery Superintendent 19.9551/28.4283 Exempt City Administrator 58.3875/77.1429 Exempt City Attorney 39.5085/56.9666 Exempt City Clerk 24.6251/34.9120 Exempt Civil Engineer I 27.0775/38.0973 Exempt Civil Engineer II 31.4068/44.1455 Exempt Civil Engineering Manager – Utility PCC 34.2076/49.7904 Exempt Collection System Supervisor 22.4072/31.8516 40 hrs/week Community Service Officer 13.1859/18.0971 40 hrs/week Crime Analyst 17.8982/25.4093 40 hrs/week Custodian – Library, Police 12.0836/17.0518 40 hrs/week Customer Service Representative – Part time 8.6349/12.9524 40 hrs/week Electric Distribution Superintendent 34.0545/46.6736 Exempt Electric Distribution Supervisor 28.7582/39.4378 40 hrs/week Electric Underground Superintendent 30.3276/41.5738 Exempt Electrical Engineer I 27.0775/38.0973 Exempt Electrical Engineer II 31.4068/44.1455 Exempt Emergency Management Deputy Director 23.2769/31.9071 Exempt Emergency Management Director 33.1281/45.3975 Exempt Engineering Technician - WWTP 19.5842/27.6691 40 hrs/week Equipment Operator - Solid Waste 16.4788/23.2069 40 hrs/week Finance Director 38.4279/54.8583 Exempt Fire Chief 37.1058/52.7053 Exempt Fire EMS Division Chief 30.3461/43.8033 Exempt Grand Island Council Session - 12/17/2013 Page 80 / 334 ORDINANCE NO. 9467 (Cont.) - 3 - Classification Hourly Pay Range Min/Max Overtime Eligibility Fire Operations Division Chief 30.3461/43.8033 Exempt Fire Prevention Division Chief 30.3461/43.8033 Exempt Fleet Services Shop Foreman 20.9340/29.5087 40 hrs/week GIS Coordinator - PW 24.5800/37.3300 40 hrs/week Golf Course Superintendent 23.6733/34.1660 Exempt Grounds Management Crew Chief – Cemetery 18.1054/26.2287 40 hrs/week Grounds Management Crew Chief – Parks 19.0599/27.0153 40 hrs/week Human Resources Director 33.4291/49.5321 Exempt Human Resources Benefits/Risk Mgmt Coordinator 18.5295/27.9538 40 hrs/week Human Resources Recruiter 18.5295/27.9538 40 hrs/week Human Resources Specialist 17.6209/25.9549 40 hrs/week Information Technology Manager 31.5525/45.4516 Exempt Legal Secretary 19.6880/26.6079 40 hrs/week Librarian I 17.8423/25.0589 Exempt Librarian II 19.7586/28.1028 Exempt Library Assistant I 12.0495/17.4141 40 hrs/week Library Assistant II 13.9378/19.2122 40 hrs/week Library Assistant Director 24.1856/35.5553 Exempt Library Director 31.9181/45.7548 Exempt Library Page 7.7112/10.9625 40 hrs/week Library Secretary 14.8122/21.0506 40 hrs/week Maintenance Worker – Golf 14.8681/21.4781 40 hrs/week Manager of Engineering Services 32.3969/48.2211 Exempt Meter Reader Supervisor 18.2914/26.7210 Exempt MPO Program Manager 23.6000/35.0800 Exempt Office Manager – Police Department 16.5531/22.9288 40 hrs/week Parks and Recreation Director 34.8556/49.9594 Exempt Parks Superintendent 24.3558/34.9389 Exempt Payroll Specialist 17.3727/24.4418 40 hrs/week Planning Director 34.5609/49.0850 Exempt Police Captain 29.5308/41.7349 Exempt Police Chief 37.1058/52.7053 Exempt Power Plant Maintenance Supervisor 30.0590/42.4865 Exempt Power Plant Operations Supervisor 31.8206/45.8129 Exempt Power Plant Superintendent – Burdick 34.8506/49.1581 Exempt Grand Island Council Session - 12/17/2013 Page 81 / 334 ORDINANCE NO. 9467 (Cont.) - 4 - Classification Hourly Pay Range Min/Max Overtime Eligibility Power Plant Superintendent – PGS 40.1775/56.6455 Exempt Project Manager – Public Works 29.5060/41.5140 Exempt Public Information Officer 2122.1425/31.8960 Exempt Public Works Director 38.8546/54.9384 Exempt Public Works Engineer 30.8040/44.5421 Exempt Receptionist 13.5449/19.9690 40 hrs/week Recreation Coordinator 17.6958/25.3319 Exempt Recreation Superintendent 24.2201/35.4520 Exempt Regulatory and Environmental Manager 29.5716/42.4040 Exempt Senior Accountant 27.3163/38.0269 Exempt Senior Electrical Engineer 34.3679/48.3083 Exempt Senior Public Safety Dispatcher 17.6539/23.6674 40 hrs/week Senior Utility Secretary 15.2760/21.8131 40 hrs/week Shift Commander 21.0210/27.5106 212 hrs/28 days Shooting Range Superintendent 22.5910/33.1924 Exempt Solid Waste Division Clerk - Full Time 15.7208/20.8577 40 hrs/week Solid Waste Division Clerk - Part Time 13.9975/18.9398 40 hrs/week Solid Waste Foreman 17.6737/24.9849 40 hrs/week Solid Waste Superintendent 25.3985/36.7473 Exempt Street Superintendent 25.6090/37.2800 Exempt Street Foreman 20.1385/28.8891 40 hrs/week Turf Management Specialist 21.2760/30.1185 40 hrs/week Utilities Director 58.5218/81.9261 Exempt Utility Production Engineer 35.1468/50.4235 Exempt Utility Services Manager 27.7625/38.6391 Exempt Utility Warehouse Supervisor 23.8914/33.2154 40 hrs/week Victim Assistance Unit Coordinator 13.6763/19.2557 40 hrs/week Wastewater Plant Chief Operator 20.6506/29.1069 40 hrs/week Wastewater Plant Engineer 31.9969/46.6138 Exempt Wastewater Plant Operations Engineer 30.8040/44.0003 Exempt Wastewater Plant Maintenance Supervisor 23.7771/32.0177 40 hrs/week Wastewater Plant Project Manager 29.5060/41.5140 Exempt Wastewater Plant Regulatory Compliance Manager 25.2356/36.0685 Exempt Water Superintendent 26.3948/37.9014 Exempt Water Supervisor 22.7865/32.8339 40 hrs/week Grand Island Council Session - 12/17/2013 Page 82 / 334 ORDINANCE NO. 9467 (Cont.) - 5 - Classification Hourly Pay Range Min/Max Overtime Eligibility Worker / Seasonal 7.2500/20.0000 Exempt Worker / Temporary 7.2500/20.0000 40 hrs/week A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Senior Public Safety Dispatcher who work a complete shift that begins between 3:00 p.m. and 11:00 p.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. 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 14.7954/21.9173 40 hrs/week Fleet Services Mechanic 16.8776/25.0054 40 hrs/week Horticulturist 15.6222/23.1866 40 hrs/week Maintenance Worker – Cemetery 14.6833/21.7697 40 hrs/week Maintenance Worker – Parks 14.5853/21.6370 40 hrs/week Maintenance Worker – Streets 14.2770/21.1646 40 hrs/week Senior Equipment Operator – Streets 16.2104/24.0429 40 hrs/week Senior Maintenance Worker – Streets 16.2104/24.0429 40 hrs/week Traffic Signal Technician 16.2104/24.0429 40 hrs/week SECTION 3. The currently occupied classifications of employees of the City of Grand Island included under the IBEW labor agreements, and the ranges of compensation (salary Grand Island Council Session - 12/17/2013 Page 83 / 334 ORDINANCE NO. 9467 (Cont.) - 6 - 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 labor agreements shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Clerk 15.3789/20.3509 40 hrs/week Cashier 14.1152/19.2344 40 hrs/week Custodian 16.4824/19.4635 40 hrs/week Electric Distribution Crew Chief 30.1073/38.2908 40 hrs/week Electric Underground Crew Chief 30.1073/38.2908 40 hrs/week Engineering Technician I 18.9731/27.1469 40 hrs/week Engineering Technician II 23.4544/32.1592 40 hrs/week GIS Coordinator 24.1309/33.8607 40 hrs/week Instrument Technician 28.3005/37.3872 40 hrs/week Lineworker Apprentice 18.3525/26.9104 40 hrs/week Lineworker First Class 27.8182/32.9010 40 hrs/week Materials Handler 22.9057/30.7045 40 hrs/week Meter Reader 16.5035/21.5210 40 hrs/week Meter Technician 22.1890/27.4234 40 hrs/week Power Dispatcher I 27.7874/38.6353 40 hrs/week Power Dispatcher II 29.1854/40.5728 40 hrs/week Power Plant Maintenance Mechanic 26.3037/32.7530 40 hrs/week Power Plant Operator 31.0740/36.1958 40 hrs/week Senior Accounting Clerk 17.2862/22.6435 40 hrs/week Senior Engineering Technician 29.6764/36.3172 40 hrs/week Senior Materials Handler 26.3736/34.4008 40 hrs/week Senior Meter Reader 19.5460/23.1988 40 hrs/week Senior Power Dispatcher 33.7612/46.3298 40 hrs/week Senior Power Plant Operator 30.6374/39.2761 40 hrs/week Senior Substation Technician 36.0732/37.3872 40 hrs/week Senior Water Maintenance Worker 21.4326/28.2219 40 hrs/week Substation Technician 33.3943/34.7199 40 hrs/week Systems Technician 29.4298/37.3872 40 hrs/week Tree Trim Crew Chief 26.3633/32.7394 40 hrs/week Utility Electrician 26.4192/34.7199 40 hrs/week Grand Island Council Session - 12/17/2013 Page 84 / 334 ORDINANCE NO. 9467 (Cont.) - 7 - Classification Hourly Pay Range Min/Max Overtime Eligibility Utility Technician 25.8034/36.2961 40 hrs/week Utility Warehouse Clerk 19.0662/23.5232 40 hrs/week Water Maintenance Worker 17.8567/24.6940 40 hrs/week Wireworker I 20.0604/28.3654 40 hrs/week Wireworker II 27.8182/32.9010 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 19.3834/ 27.3498 Police Sergeant 24.2602/ 33.5527 OVERTIME ELIGIBILITY The City has reserved its right to the utilization of the 207(k) FLSA exemption and will implement this as the hours of work effective the first full pay period following the execution of the labor agreement. The pay period for purposes of calculating overtime shall consist of a fourteen (14) day cycle that runs 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. There shall also be established for each employee in the bargaining unit a Grand Island Council Session - 12/17/2013 Page 85 / 334 ORDINANCE NO. 9467 (Cont.) - 8 - Training and Special Events bank of thirty (30) hours per individual per contract year. Each employee may be scheduled for training or special event duty with a minimum of seven (7) days notice prior to the commencement of the pay period and the training and special events bank hours may be added to the eighty (80) hour, two (2) week pay period up to eighty-six (86) hours and these hours shall not be eligible for overtime. Training and special events hours worked in excess of eighty-six (86) hours in a two week pay period will be eligible for overtime, but will not be subtracted from the Training and Special Events bank. 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. Any such grant hours are not deducted from the Training and Special Events bank. 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 17.7341/24.5896 212 hrs/28 days Firefighter / EMT 13.1756/19.1207 212 hrs/28 days Firefighter / Paramedic 14.7104/20.7759 212 hrs/28 days Life Safety Inspector 20.0097/28.391419.5217/27.6989 40 hrs/week Shift Commander 21.0210/27.5106 212 hrs/28 days Grand Island Council Session - 12/17/2013 Page 86 / 334 ORDINANCE NO. 9467 (Cont.) - 9 - 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. SECTION 6. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-WWTP 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-WWTP labor agreement shall work prior to overtime eligibility are as follows: Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – WWTP 15.2009/21.3891 40 hrs/week Equipment Operator – WWTP 17.2575/24.2831 40 hrs/week Maintenance Mechanic I 17.2575/24.2831 40 hrs/week Maintenance Mechanic II 19.3228/27.1892 40 hrs/week Maintenance Worker – WWTP 17.2575/24.2831 40 hrs/week Senior Equipment Operator – WWTP 18.6540/26.2479 40 hrs/week Wastewater Clerk 12.9851/18.2711 40 hrs/week Wastewater Plant Laboratory Technician 18.3195/25.7773 40 hrs/week Wastewater Plant Operator I 15.4347/21.7185 40 hrs/week Wastewater Plant Operator II 17.2575/24.2831 40 hrs/week SECTION 7. The currently occupied classifications of the employees of the City of Grand Island included under the IBEW-Service/Clerical 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 labor agreement shall work prior to overtime eligibility are as follows: Grand Island Council Session - 12/17/2013 Page 87 / 334 ORDINANCE NO. 9467 (Cont.) - 10 - Classification Hourly Pay Range Min/Max Overtime Eligibility Accounting Technician – Streets 16.2819/21.7346 40 hrs/week Accounts Payable Clerk 15.4437/22.3440 40 hrs/week Administrative Assistant 16.0642/23.0406 40 hrs/week Audio Video Technician 16.2165/22.8773 40 hrs/week Building Inspector 20.0585/28.4606 40 hrs/week Building Secretary 15.1173/21.4842 40 hrs/week Community Development Administrator 17.5009/25.1630 40 hrs/week Community Development Specialist 16.0642/23.0406 40 hrs/week Computer Operator 19.5143/25.6528 40 hrs/week Computer Programmer 22.2569/32.6182 40 hrs/week Computer Technician 20.0997/26.4228 40 hrs/week Electrical Inspector 20.0585/28.4606 40 hrs/week Emergency Management Coordinator 15.1173/21.4842 40 hrs/week Engineering Technician – Public Works 20.6353/29.1027 40 hrs/week Evidence Technician 15.0085/21.9630 40 hrs/week Finance Secretary 15.1173/21.4842 40 hrs/week GIS Coordinator 22.8800/32.1053 40 hrs/week Maintenance Worker I – Building, Library 15.7703/21.3427 40 hrs/week Maintenance Worker II – Building, Police 16.6192/22.5290 40 hrs/week Parks and Recreation Secretary 15.1173/21.4842 40 hrs/week Planning Secretary 15.1173/21.4842 40 hrs/week Planning Technician 20.6972/29.1201 40/hrs/week Plans Examiner 20.0585/28.4606 40 hrs/week Plumbing Inspector 20.0585/28.4606 40 hrs/week Police Records Clerk – Full Time 13.4956/18.7852 40 hrs/week Public Safety Dispatcher 15.2370/22.2569 40 hrs/week Shooting Range Operator 20.9399/28.3844 40 hrs/week Stormwater Technician 20.6353/29.1027 40 hrs/week Utility Secretary 15.1173/21.4842 40 hrs/week A shift differential of $0.10 per hour shall be added to the base hourly wage for persons in the employee classification Public Safety Dispatcher who work a complete shift that begins between 3:00 p.m. and 11:00 p.m. This does not include persons who work the day shift. Shift Grand Island Council Session - 12/17/2013 Page 88 / 334 ORDINANCE NO. 9467 (Cont.) - 11 - differential will only be paid for actual hours worked. Paid leave will not qualify for the shift differential pay. SECTION 8. 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. All employees covered by the IAFF labor agreement and Shift Commanders , except Life Safety Inspector, shall be paid a clothing and uniform allowance in addition to regular salary in the amount of $529.92 per year, divided into twenty-four (24) pay periods. All employees of the FOP labor agreement shall be paid a clothing and uniform allowance in addition to regular salary of $25.00 per pay period. If any such employee covered by the IAFF or FOP labor agreements 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. Employees covered by the IBEW – Utilities, the IBEW – Finance labor agreements, and the non-union position of Meter Reader Supervisor who are required to wear full fire retardant clothing will be eligible for an annual stipend of $600 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 $350. Employees will be reimbursed for said purchases with a receipt showing proof of purchase. Fire Chief and Fire Division Chiefs shall be paid a clothing allowance of $484.08 per year, divided into 24 pay periods. Police Chief and Police Captains shall be paid a clothing allowance of $650.00 per year, divided into 26 pay periods. Grand Island Council Session - 12/17/2013 Page 89 / 334 ORDINANCE NO. 9467 (Cont.) - 12 - Non-union employees and employees covered by the FOP labor agreement, the IBEW Utilities, Finance, Service/Clerical and Wastewater Treatment Plant labor agreements may receive an annual stipend not to exceed $1,000 for bilingual pay. Employees covered by the AFSCME labor agreement shall be granted a meal allowance of $4.50 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 and IBEW – Finance labor agreements shall be allowed a meal allowance for actual cost, or up to $7.00 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 $18.00 per month. When protective clothing is required for Utilities Department and Wastewater Treatment Plant personnel covered by the IBEW labor agreement and employees covered by the AFSCME labor agreement, except the Fleet Services Division of the Public Works Department, the City shall pay 60% of the cost Grand Island Council Session - 12/17/2013 Page 90 / 334 ORDINANCE NO. 9467 (Cont.) - 13 - of providing and cleaning said clothing and the employees 40% of said cost. Full-time Fleet Services personnel shall receive a uniform allowance of $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 $10 biweekly. SECTION 9. Employees shall be compensated for unused medical leave as follows: (A) All employees covered in the IBEW Utilities and IBEW Finance labor agreements shall be paid for forty-seven percent (47%) of their accumulated medical leave at the time of their retirement, early retirement, or death, not to exceed four hundred eighty-eight and one third hours (calculated at 47% x 1039 hours = 488.33 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 and the Shift Commanders 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 five hundred ninety-eight and eighty-eight hundredths hours (calculated at 38% x 1,576 hours = 598.88 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 hours (calculated at 50% x 1084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. Employees covered by the IBEW Wastewater labor agreement shall be paid 37.5% of their accumulated medical leave at the time of retirement or death, Grand Island Council Session - 12/17/2013 Page 91 / 334 ORDINANCE NO. 9467 (Cont.) - 14 - based on the employee’s salary at the time of retirement not to exceed three hundred ninety-nine hours (calculated at 37.5% x 1064 hours = 399 hours). Employees covered by the IBEW Service/Clerical labor agreement shall have a contribution to a VEBA made on their behalf in lieu of payment for forty percent (40%) of their accumulated medical leave at the time of retirement or death, based on the employee’s salary at the time of retirement not to exceed 433.60 hours (calculated at 40% x 1084 hours = 433.60 hours.) Non-union employees 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 hours (calculated at 50% x 1084 = 542). The amount of contribution will be based upon the employee’s salary at the time of retirement. All employees covered by the AFSCME labor agreement shall be paid forty-five (45%) 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 seventy-eight and eighty hundredths hours (calculated at 45% x 1064 hours = 478.80 hours). All employees covered under the FOP labor agreement shall be paid thirty-seven and one-half percent (37.5%) of their accumulated medical leave bank at the time of their retirement, not to exceed four hundred eighty hours (calculated at 37.5% x 1,280 hours = 480 hrs.), based on the employee’s salary at the time of retirement. If death occurs while in the line of duty, employees covered under the FOP labor agreement shall be paid fifty percent (50%) of their accumulated medical leave bank at the time of their death, Grand Island Council Session - 12/17/2013 Page 92 / 334 ORDINANCE NO. 9467 (Cont.) - 15 - not to exceed six hundred forty hours(50% x 1,280hours = 640 hrs.), based on the employee’s salary at the time of their death. (B) The City Administrator and department heads shall have a contribution made to their VEBA for one-half of their accumulated medical leave, not to exceed 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 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 $30.00 per pay period. Employees represented by the IBEW Service/Clerical labor agreement shall have a contribution made on their behalf to the VEBA account of $15 per pay period. Employees represented by the IAFF labor agreement shall have a contribution made on their behalf to the VEBA account of $10 per pay period. SECTION 11. 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 12. 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 retroactive to October 7, 2013. Grand Island Council Session - 12/17/2013 Page 93 / 334 ORDINANCE NO. 9467 (Cont.) - 16 - SECTION 13. Those portions of Ordinance No. 9439 and all other parts of ordinances in conflict herewith be, and the same are, hereby repealed. Enacted: December 17, 2013 ____________________________________ Jay Vavricek, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 94 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-1 Approving Minutes of November 26, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 12/17/2013 Page 95 / 334 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING November 26, 2013 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 November 26, 2013. Notice of the meeting was given in The Grand Island Independent on November 20, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Bob Niemann, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, Mike Paulick and Vaughn Minton. Councilmembers John Gericke and Linna Dee Donaldson were absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, City Attorney Robert Sivick, City Treasurer and Finance Director Jaye Monter and Engineer and Public Works Director John Collins. INVOCATION was given by Pastor Caroline Price-Gibson, First Presbyterian Church, 2103 West Anna Street followed by the PLEDGE OF ALLEGIANCE. Mayor Vavricek introduced Community Youth Council member Kerrigan Anspauch. PRESENTATIONS AND PROCLAMATIONS: Presentation of Fire Department Citizen’s Citation to Hanna Moeller, Megan Shafer, Angie Pollard, and Tiffany Landon. Fire Chief Cory Schmidt, EMS Division Chief Russ Blackburn and Paramedic Ryan Seaman presented Hanna Moeller, Megan Shafer, Angie Pollard, and Tiffany Landon with the Grand Island Fire Department’s Citizen’s Citation Award for their September 11, 2013 lifesaving efforts at Xenon International Academy. PUBLIC HEARINGS: Public Hearing on Request to Rezone Property Located at 309 Shady Bend Circle from R1 Suburban Density Residential to RD Residential Development. Regional Planning Director Chad Nabity reported that this request was to rezone 2.55 acres located at 309 Shady Bend Circle from R1 Suburban Density Residential to RD Residential Development for the purpose of building ten duplexes (20 units). Staff recommended approval. Rick Ruzicka with the Hall County Housing Authority spoke in support. No public testimony was heard. Public Hearing on Request for Budget Amendment to Community Development Block Grant #10-ED-10. Finance Director Jaye Monter reported that the City was awarded a grant for $935,000 to provide sanitary and water extensions to Platte Valley Industrial Park-East. A budget amendment was received in July of 2012 to pave Blaine Street, which had been completed, with a balance of $121,353 remaining. This budget amendment would move the remaining grant activity balance from the street improvement activities to water distribution and sanitary sewer activities. Staff recommended approval. No further public testimony was heard. Grand Island Council Session - 12/17/2013 Page 96 / 334 Page 2, City Council Regular Meeting, November 26, 2013 ORDINANCES: #9459 – Consideration of Assessments for Sidewalk Repairs at 1141 Pleasant View Drive Public Works Director John Collins reported this item was referred from the November 12, 2013 meeting, which would assess to the property owner at 1141 Pleasant View Drive $550.00 for sidewalk repair. Motion by Gilbert, second by Niemann to approve Ordinance #9459 on first reading. Upon roll call vote, all voted aye. Motion adopted. #9460 – Consideration of Vacation of a Utility Easement Located in Woodland Park 12th Subdivision (Hastings Ventures, LLC) Public Works Director John Collins reported this item was referred from the November 12, 2013 meeting. This ordinance would vacate two (2), twenty (20) feet wide drainage/utility easements running east and west through four lots located in Woodland Park 12th Subdivision Motion by Niemann, second by Minton to approve Ordinance #9460 on first reading. Upon roll call vote, all voted aye. Motion adopted. #9461 – Consideration of Amending Chapter 31 of the Grand Island City Code Relative to Signs Building Department Director Craig Lewis reported that the proposed ordinance would amend City Code Section 31-25 to allow vacated street frontage to be included in the number of ground signs allowed. This would provide for an additional two signs requested by Grand Island Body Shop owner Fred Schritt. Additional revisions to City Code Chapter 31 reflected and clarified the intent and enforcement of the sign code. Brad Mellema, director with the Grand Island Convention & Visitors Bureau and Caroline Mitchell spoke in support. Discussion was held concerning the brightness of signs with lights. Motion by Niemann, second by Nickerson to approve Ordinance #9461 on first reading. Upon roll call vote, all voted aye. Motion adopted. #9462 – Consideration of Request to Rezone Property Located at 309 Shady Bend Circle from R1 Suburban Density Residential to RD Residential Development This item related to the aforementioned Public Hearing. Comments were made regarding drainage. Motion by Gilbert, second by Hehnke to approve Ordinance #9462 on first reading. Upon roll call vote, all voted aye. Motion adopted. CONSENT AGENDA: Consent agenda items G-10, G-11 and G-13 were pulled for further discussion. Motion by Gilbert, second by Hehnke to approve the Consent Agenda excluding items G-10, G-11, and G-13. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 12/17/2013 Page 97 / 334 Page 3, City Council Regular Meeting, November 26, 2013 Approving Minutes of November 12, 2013 City Council Regular Meeting. Approving Minutes of November 19, 2013 City Council Study Session. #2013-377 – Approving Request for Budget Amendment to Community Development Block Grant #10-ED-10. #2013-378 – Approving Supplemental Agreement No. 3 with NDOR and Olsson Associates for Engineering Consulting Services Related to Capital Avenue Widening – Webb Road to Broadwell Avenue in an Amount of $113,217.28. #2013-379 – Approving Supplemental Agreement No. 4 with NDOR and Olsson Associates for Engineering Consulting Services Related to Capital Avenue Widening – Webb Road to Broadwell Avenue in an Amount of $160,012.00. #2013-380 – Approving Bid Award for Fuel Dispenser Removal & Installation for the Fleet Services Division with Yant Equipment, Inc. of Grand Island, NE in an Amount of $21,552.44. #2013-381 – Approving Final Payment for the Crossing Surface Installation Agreement with Burlington Northern Santa Fe (BNSF) Railway Company for Improvements at the Broadwell Avenue/BNSF Railroad Crossing in an Amount of $44,040.43. #2013-382 – Approving Final Payment for Blaine Street Paving Project No. 2012-P-2; Wildwood Drive to Schimmer Drive with Gehring Construction & Ready Mix Co. of Columbus, NE in an Amount of $43,438.48. #2013-383 – Approving Government Services Administration (GSA) Contract Purchase for One (1) Global Positioning System (GPS) for the Wastewater Division of the Public Works Department from Seiler Instruments of Omaha, NE in an Amount of $31,779.67. #2013-384 – Approving State Bid Award for (1) 2014 Ford Taurus for the Fire Department from Anderson Ford of Lincoln, NE in an Amount of $25,719.00. Fire Chief Cory Schmidt reported this all-wheel drive vehicle would replace an older staff car. Discussion was held regarding maintenance and mileage of the current vehicle. Motion by Nickerson, second by Minton to approve Resolution #2013-384. Upon roll call vote, all voted aye. Motion adopted. #2013-385 – Approving State Bid Award for (2) 2014 Ford F150 1/2 Ton Pickups for the Parks and Recreation Department from Anderson Ford Lincoln Mercury of Lincoln, NE in an Amount of $36,117.00. Parks and Recreation Director Todd McCoy reported these vehicles would replace two pickups in the Parks Department. Discussion was held regarding the maintenance of the current vehicles. Motion by Haase, second by Niemann to approve Resolution #2013-385. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 12/17/2013 Page 98 / 334 Page 4, City Council Regular Meeting, November 26, 2013 #2013-386 – Approving Change Order #1 Precipitator, Bottom Ash, Boiler Industrial Cleaning 2013/2014 Outage with Meylan Enterprises, Inc. of Omaha, NE for an Increase of $8,508.64 and a Revised Contract Amount of $86,238.79. #2013-387 – Approving Southwest Power Pool Market Participation Agreement. Utilities Director Tim Luchsinger reported that the Grand Island Electric Department recently began participation in the Southwest Power Pool (SPP) Energy Imbalance Service (EIS) market. This regional market was the current method that Nebraska utilities used to buy and sell power, and allowed Grand Island to sell excess generation and purchase lower cost power when available. This market would be changing to the Integrated Market (IM) starting March 1, 2014. Discussion was held regarding the competiveness in the market. Wind energy was mentioned. Motion by Haase, second by Niemann to approve Resolution #2013-387. Upon roll call vote, all voted aye. Motion adopted. #2013-388 – Approving Bid Award for Water System – Well Field Control Modifications with Huffman Engineering, Inc. of Lincoln, NE in an Amount of $43,121.00. RESOLUTIONS: #2013-373 – Consideration of Approving Declaration of a Site Known as Redevelopment Area 14 Located on the East Side of North Webb Road between 13th Street and Faidley Avenue. Regional Planning Director Chad Nabity reported this item had been referred from the November 12, 2013 Council meeting. Keith Marvin from David City and Ron Depue, 308 N. Locust Street spoke in support. Discussion was held regarding the buffer zone, TIF financing in this area and drive ways. Motion by Haase, second by Nickerson to approve Resolution #2013-373. Upon roll call vote, all voted aye. Motion adopted. #2013-376 – Consideration of Approving Settlement Offer in Kortum vs City of Grand Island. City Attorney Robert Sivick reported this item had been pulled from the November 12, 2013 Council meeting. Settlement discussions had taken place and a proposed settlement amount of $141,500.00 was brought forward for Council consideration. Discussion was held regarding confusion in following state statutes in this matter. Motion by Gilbert, second by Minton to approve Resolution #2013-376. Upon roll call vote, Councilmembers Minton, Paulick, Gilbert, Nickerson, Hehnke, Donaldson, and Niemann voted aye. Councilmember Haase voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Gilbert, second by Paulick to approve the Claims for the period of November 13, 2013 through November 26, 2013, for a total amount of $6,120,486.66. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 8:29 p.m. Grand Island Council Session - 12/17/2013 Page 99 / 334 Page 5, City Council Regular Meeting, November 26, 2013 RaNae Edwards City Clerk Grand Island Council Session - 12/17/2013 Page 100 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-2 Approving Minutes of December 3, 2013 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 12/17/2013 Page 101 / 334 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING December 3, 2013 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 December 3, 2013. Notice of the meeting was given in The Grand Island Independent on November 27, 2013. Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council members were present: Bob Niemann, Linna Dee Donaldson, Chuck Haase, Julie Hehnke, Mitch Nickerson, Peg Gilbert, John Gericke, and Mike Paulick. Councilmember Vaughn Minton was absent. The following City Officials were present: City Administrator Mary Lou Brown, City Clerk RaNae Edwards, Treasurer and Finance Director Jaye Monter, City Attorney Robert Sivick, and Engineer and Public Works Director John Collins. INVOCATION was given by Pastor Matthew Fowler, Faith United Methodist Church, 724 West 12th Street followed by the PLEDGE OF ALLEGIANCE. PRESENTATIONS AND PROCLAMATIONS: Recognition of Todd Morgan, Fire Captain with the Fire Department for 25 Years of Service with the City of Grand Island. The Mayor and City Council recognized Fire Captain Todd Morgan for 25 years of service with the City of Grand Island. Fire Chief Cory Schmidt introduced Fire Captain Todd Morgan. Mr. Morgan and his wife were present for the recognition. SPECIAL ITEMS: ELECTION OF CITY COUNCIL PRESIDENT: Mayor Vavricek reported that the City Council was required to elect one Councilmember to the office of Council President for a term of one year and that the Council President automatically assumed the duties of the Mayor in the event that the Mayor was absent or otherwise unable to fulfill his duties. Councilmember Gilbert nominated Chuck Haase and Councilmember Nickerson nominated Vaughn Minton. City Clerk RaNae Edwards called for the first ballot. It was reported that Councilmember Haase had received 6 votes, Councilmember Minton had received 1 vote, and Councilmember Paulick had received 1 vote which was rejected because he had not been nominated. Mayor Vavricek declared Councilmember Chuck Haase the new Council President for 2014. Motion by Gilbert, second by Niemann to make the vote a unanimous one for Councilmember Haase as City Council President for 2014. Upon roll call vote, all voted aye. Motion adopted. ORDINANCE: Councilmember Gilbert moved “that the statutory rules requiring ordinances to be read by title on three different days are suspended and that ordinances numbered: Grand Island Council Session - 12/17/2013 Page 102 / 334 Page 2, City Council Regular Meeting, December 3, 2013 #9459 – Consideration of Assessments for Sidewalk Repairs at 1141 Pleasant View Drive #9460 – Consideration of Vacation of a Utility Easement Located in Woodland Park 12th Subdivision (Hastings Ventures, LLC) #9461 – Consideration of Amending Chapter 31 of the Grand Island City Code Relative to Signs #9462 – Consideration of Request to Rezone Property Located at 309 Shady Bend Circle from R1 Suburban Density Residential to RD Residential Development be considered for passage on the same day upon reading by number only and that the City Clerk be permitted to call out the number of these ordinances on second reading and then upon final passage and call for a roll call vote on each reading and then upon final passage.” Councilmember Nickerson seconded the motion. Upon roll call vote, all voted aye. Motion adopted. #9459 – Consideration of Assessments for Sidewalk Repairs at 1141 Pleasant View Drive Public Works Director John Collins reported this item was the second and final reading that would assess to the property owner at 1141 Pleasant View Drive $550.00 for sidewalk repair. Motion by Donaldson, second by Niemann to approve Ordinance #9459. City Clerk: Ordinance #9459 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on second reading and then upon final passage, Ordinance #9459 is declared to be lawfully adopted upon publication as required by law. #9460 – Consideration of Vacation of a Utility Easement Located in Woodland Park 12th Subdivision (Hastings Ventures, LLC) Public Works Director John Collins reported this item was the second and final reading that would vacate two (2), twenty (20) feet wide drainage/utility easements running east and west through four lots located in Woodland Park 12th Subdivision. Motion by Haase, second by Niemann to approve Ordinance #9460. City Clerk: Ordinance #9460 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, Councilmembers Paulick, Gericke, Gilbert, Nickerson, Hehnke, Haase, and Donaldson voted aye. Councilmember Niemann voted no. Motion adopted. Mayor Vavricek: By reason of the roll call votes on second reading and then upon final passage, Ordinance #9460 is declared to be lawfully adopted upon publication as required by law. Grand Island Council Session - 12/17/2013 Page 103 / 334 Page 3, City Council Regular Meeting, December 3, 2013 #9461 – Consideration of Amending Chapter 31 of the Grand Island City Code Relative to Signs Building Department Director Craig Lewis reported this item was the second and final reading that would amend City Code Section 31-25 to allow vacated street frontage to be included in the number of ground signs allowed. This would provide for an additional two signs requested by Grand Island Body Shop owner Fred Schritt. Additional revisions to City Code Chapter 31 reflected and clarified the intent and enforcement of the sign code. Motion by Nickerson, second by Gericke to approve Ordinance #9461. City Clerk: Ordinance #9461 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on second reading and then upon final passage, Ordinance #9461 is declared to be lawfully adopted upon publication as required by law. #9462 – Consideration of Request to Rezone Property Located at 309 Shady Bend Circle from R1 Suburban Density Residential to RD Residential Development Regional Planning Director Chad Nabity reported this item was the second and final reading that would rezone property located at 309 Shady Bend Circle from R1 Suburban Density Residential to RD Residential Development. Motion by Gericke, second by Hehnke to approve Ordinance #9462. City Clerk: Ordinance #9462 on second and final reading. All those in favor of the passage of this ordinance on second and final reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted. Mayor Vavricek: By reason of the roll call votes on second reading and then upon final passage, Ordinance #9462 is declared to be lawfully adopted upon publication as required by law. ADJOURNMENT: The meeting was adjourned at 7:19 p.m. RaNae Edwards City Clerk Grand Island Council Session - 12/17/2013 Page 104 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-3 Approving Appointment of Wanda Stelk to the Animal Advisory Board Mayor Vavricek has submitted the appointment of Wanda Stelk to the Animal Advisory Board to replace Lisa Norton who indicated a desire to not extend her appointment. The appointment would become effective immediately upon approval by the City Council and would expire on August 31, 2016. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 105 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-4 Approving Appointment of Jeff Vinson to the Citizens Advisory Review Committee Mayor Vavricek has submitted the appointment of Jeff Vinson to the Citizens Advisory Review Committee to replace Craig Vincent who is moving to the Regional Planning Commission. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2015. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 106 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-5 Approving Re-Appointment of Steve Kunzman to the Central District Health Board Mayor Vavricek has submitted the re-appointment of Steve Kunzman to the Central District Health Board. The appointment would become effective January 1, 2014 upon approval by the City Council and would expire on December 31, 2016. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 107 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-6 Approving Re-Appointment of Bob Loewenstein and Appointments of Dennis Garcia, Anita Lewandowski-Brown, and Jacinto Corona to the Community Development Advisory Board Mayor Vavricek has submitted the re-appointment of Bob Loewenstein and the appointments of Dennis Garcia, Anita Lewandowski-Brown, and Jacinto Corona to the Community Development Advisory Board to replace Lisa Crumrine, Steven Beck, and Minday Gilbertson who had all indicated a desire to not extend their appointments. The appointments would become effective immediately upon approval by the City Council. Anita Lewandowski-Brown and Jacinto Corona's term would expire on July 31, 2014. Dennis Garcia's term would expire on July 31, 2015, and Bob Loewenstein's term would expire on July 31, 2016. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 108 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-7 Approving Appointment of Francisco Garcia to the Downtown Business Improvement District 2013 Board Mayor Vavricek has submitted the appointment of Francisco Garcia, owner and manager of Azteca Market, to the Downtown Business Improvement District 2013 board to replace David Wetherlit who indicated a desire to not extend his appointment. The appointment would become effective immediately upon approval by the City Council and would expire on September 30, 2018. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 109 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-8 Approving Re-Appointment of Densel Rasmussen and Appointment of Jason Hornady to the Grand Island Facilities Corporation Board Mayor Vavricek has submitted the re-appointment of Densel Rasmussen and the appointment of Jason Hornady to replace Jack Henry, who no longer lives within the City limits of Grand Island, on the Grand Island Facilities Corporation Board. The appointments would become effective immediately upon approval by the City Council and would expire on November 30, 2016. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 110 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-9 Approving Appointment of John Hoggatt to the Police Pension Committee and Firefighters Pension Committee Mayor Vavricek has submitted the appointment of John Hoggatt to the Police Pension Committee and Firefighters Pension Committee to replace Chuck Haase who resigned from the Committee. The appointment would become effective immediately upon approval by the City Council and would expire on December 31, 2016. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 111 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-10 Approving Appointment of Craig Vincent to the Regional Planning Commission Mayor Vavricek has submitted the appointment of Craig Vincent to the Regional Planning Commission to replace Scott Ericksen who indicated a desire to not extend his appointment. The appointment would become effective immediately upon approval by the City Council and would expire on October 31, 2016. Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 112 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-11 Approving Re-Appointments to the Electrical Board Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 113 / 334 Grand Island Council Session - 12/17/2013 Page 114 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-12 Approving Re-Appointments to the Mechanical Examining Board Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 115 / 334 Grand Island Council Session - 12/17/2013 Page 116 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-13 Approving Re-Appointments to the Plumbers Examining Board Staff Contact: Mayor Jay Vavricek Grand Island Council Session - 12/17/2013 Page 117 / 334 Grand Island Council Session - 12/17/2013 Page 118 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-14 #2013-389 - Approving Acquisition of Utility Easement Located North of U.S. Hwy. 30 and East of Engleman Road - West Park Plaza Mobile Home Park This item relates to the aforementioned Public Hearing item E-5. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 119 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-389 WHEREAS, a public utility easement is required by the City of Grand Island, from West Park Plaza Mobile Home Park, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on December 17, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and the center line of the Twenty (20) foot wide easement, more particularly described as follows: Commencing at the northeast corner of the Southeast Quarter (SE1/4), Section Twenty Seven (27), Township Eleven (11) North, Range Ten (10) West of the 6th PM, Grand Island, Hall County, Nebraska; thence westerly along the northerly line of said Southeast Quarter (SE1/4), a distance of one thousand one hundred forty five(1,145.0) feet; thence southerly along the westerly line of an existing easement being parallel with easterly line of the said Southeast Quarter (SE1/4), a distance of two hundred sixty (260.0) feet to the ACTUAL Point of Beginning; thence westerly and parallel with the northerly line of said Southeast Quarter (SE1/4), a distance of six hundred ninety and ninety six hundredths (690.96) feet; thence northerly and parallel with the easterly line of said Southeast Quarter (SE1/4), a distance of fifty two (52.0) feet to the point of termination of the southerly line of an existing easement. The above-described easement and right-of-way containing 0.34 acres, more or less, as shown on the plat dated 10/24/2013, 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 West Park Plaza Mobile Home Park, LLC, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 120 / 334 Grand IslandCouncil Session - 12/17/2013Page 121 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-15 #2013-390 - Approving Acquisition of Utility Easement Located North of U.S. Hwy. 30, South of Westgate Road and East of North Road - Chief Industries This item relates to the aforementioned Public Hearing item E-6. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 122 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-390 WHEREAS, a public utility easement is required by the City of Grand Island, from Chief Industries, Inc., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on December 17, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The westerly twenty (20.0) feet of the easterly thirty (30.0) feet of the northerly two hundred seven (207.0) feet of Lot Three (3), Chief/Westgate Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 0.095 acres, more or less, as shown on the plat dated 11/5/2013, 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 Chief Industries, Inc., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 123 / 334 Grand IslandCouncil Session - 12/17/2013Page 124 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-16 #2013-391 - Approving Acquisition of Utility Easement Located North of Brome Grass Drive and West of Yarrow Drive - The Guarantee Group, L.L.C. This item relates to the aforementioned Public Hearing item E-7. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 125 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-391 WHEREAS, a public utility easement is required by the City of Grand Island, from The Guarantee Group, L.L.C., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including water lines; and WHEREAS, a public hearing was held on December 17, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: Beginning at a point on the northerly right of way line of Yarrow Drive, said point being Five and Twenty Six Hundredths (5.26) feet west of the southwest corner of Lot Seven (7), Copper Creek Estates Fifth Subdivision; in the City of Grand Island, Hall County, Nebraska; thence running westerly on the northerly right of way line of Yarrow Drive, if extended, and on an Assumed Bearing of N89o42’46”W, a distance of One Hundred Fifty (150.00) feet; thence running S00o37’21”W, a distance of One Hundred Thirty Five (135.00) feet, to a point of the northerly right of way line of Brome Grass Drive; thence running S89o42’46”E, on the northerly right of way line of Brome Grass Drive, a distance of Sixty (60.00) feet, to a point on the easterly right of way of Brome Grass Drive and to the northwest corner of Lot Thirty Seven (37), Copper Creek Estates Third Subdivision; thence running N00o37’21”E, on the easterly right of way line of Brome Grass Drive, if extended, a distance of Seventy Five (75.00) feet; thence running S89o42’46”E, a distance of Ninety (90.00) feet, to a point on the westerly right of way line of Yarrow Drive and the northwest corner of Lot Twenty (20), Copper Creek Estates Fifth Subdivision; thence running N00o37’21”E, on the westerly right of way line of Yarrow Drive, a distance of Sixty (60.00) feet, to the said Point of Beginning. The above-described easement and right-of-way containing 0.310 Acres, more or less, as shown on the plat dated October 7, 2013, 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 The Guarantee Group, L.L.C., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 126 / 334 Grand Island Council Session - 12/17/2013 Page 127 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-17 #2013-392 - Approving Acquisition of Utility Easement Located West of U.S. Hwy. 281 and North of Stolley Park Road - Roe This item relates to the aforementioned Public Hearing item E-8. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 128 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-392 WHEREAS, a public utility easement is required by the City of Grand Island, from Timothy and Merlene Roe, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on December 17, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and the centerline of the twenty (20) foot wide utility easement is more particularly described as follows: Commencing at the intersection of the westerly line of Lot One (1), Hesselgesser Subdivision in the City of Grand Island, Hall County, Nebraska, and the northerly right- of-way line of Stolley Park Road as described in Instrument 200409403, recorded in the Register of Deeds Office; Hall County, Nebraska thence easterly along the northerly right-of-way line of said Stolley Park Road on an assumed bearing of N88°22’03”E, a distance of two hundred fifty seven and eighty nine hundredths (257.89) feet to the ACTUAL Point of Beginning; thence N7°16’49”E, a distance of one hundred forty six and thirteen hundredths (146.13) feet; thence N22°18’11”W and ten (10.0) foot westerly and parallel with the easterly line of Lot One (1), said Hesselgesser Subdivision, a distance of one hundred twelve (112.0) feet to a point of termination. The side lines of the above described tract shall be prolonged or shortened as required to terminate on the boundary of Grantor’s property. The above-described easement and right-of-way containing 0.12 acres, more or less, as shown on the plat dated 11/21/2013, 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 Timothy and Merlene Roe, on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 129 / 334 Grand Island Council Session - 12/17/2013 Page 130 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-18 #2013-393 - Approving Acquisition of Utility Easement Located Between Clark Street and Greenwich Avenue at the South Street Intersection - Carmalor NE, L.P. This item relates to the aforementioned Public Hearing item E-9. Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 131 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-393 WHEREAS, a public utility easement is required by the City of Grand Island, from Carmalor Nebraska, L.P., to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate thereon, public utilities and appurtenances, including lines and transformers; and WHEREAS, a public hearing was held on December 17, 2013, for the purpose of discussing the proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more particularly described as follows: The southerly twenty (20.0) feet of Lot Eighteen (18) Concannon Subdivision in the City of Grand Island, Hall County, Nebraska. The above-described easement and right-of-way containing 0.059 acres, more or less, as shown on the plat dated 11/5/2013, 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 Carmalor Nebraska, L.P., on the above-described tract of land. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: ______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 132 / 334 Grand IslandCouncil Session - 12/17/2013Page 133 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-19 #2013-394 - Approving Bid Awards - Tree Trimming Contracts 2014-TT-1 Staff Contact: Tim Luchsinger, Stacy Nonhof Grand Island Council Session - 12/17/2013 Page 134 / 334 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:December 17, 2013 Subject:Tree Trimming Contract 2014-TT-1 Item #’s:G-19 Presenter(s):Timothy Luchsinger, Utilities Director Background To help provide the required safe operation and maintenance clearances between power lines and trees and reduce storm related power outages, the Utilities Department contracts with private firms to help with tree trimming operations. Specifications for Contract 2014-TT-1 were prepared for tree trimming services in ten areas throughout the department’s electrical transmission and distribution service area. Attached is a drawing showing the areas to be trimmed by outside contractors this year. Discussion The contract’s bidding documents were publicly advertised and sent to ten potential firms. The bids were opened at 2:00 p.m. on November 14, 2013, in accordance with City Procurement Codes. The project specifications provide that the City may select any or all sections to be awarded in this contract. The City also has the option to award all sections to a single contractor, or award individual sections to multiple contractors, whichever method provides the best and lowest overall bid. Bids were received from three firms that have previously worked on City projects. See the tabulation below. Asplundh Tree Expert Co. 10052 Justin Dr. Suite 1 Urbandale, IA 50322 Leetch Tree Service 2216 N. Sherman Blvd. Grand Island, NE 68803 Tom’s Tree Service 1839 E. 4th Street Grand Island NE 68801 Section 1 $40,425.00 $10,100.00 No Bid Section 2 $11,333.00 $ 3,450.00 $ 7,000.00 Section 3 $19,301.00 $12,400.00 $11,000.00 Grand Island Council Session - 12/17/2013 Page 135 / 334 Asplundh Tree Expert Co. 10052 Justin Dr. Suite 1 Urbandale, IA 50322 Leetch Tree Service 2216 N. Sherman Blvd. Grand Island, NE 68803 Tom’s Tree Service 1839 E. 4th Street Grand Island NE 68801 Section 4 $ 4,880.00 $ 4,650.00 $ 6,000.00 Section 5 $ 32,748.00 $10,725.00 No Bid Section 6 $ 16,086.00 $ 7,850.00 $ 8,000.00 Section 7 $ 11,585.00 $ 5,950.00 No Bid Section 8 $ 20,105.00 $10,560.00 $ 5,300.00 Section 9 $ 28,594.00 $18,950.00 No Bid Section 10 $ 17,474.00 $ 5,940.00 $12,000.00 TOTALS $202,531.00 $90,575.00 $49,300.00 Exceptions were noted in the bid received from Asplundh Tree Expert Company, however, they dealt with minor contract clarifications and were not a factor in the bid evaluation. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council award the trimming contract to individual contractors by section as provided for in the specifications in the following manner: Leetch Tree Service - Sections 1, 2, 4, 5, 6, 7, 9, and 10, in the amount of $67,615.00. Tom’s Tree Service – Sections 3 and 8 in the amount of $16,300.00. The award for all ten sections will be $83,915.00. This is below the budgeted amount of $150,000.00. Sample Motion Move to approve Tree Trimming Contract 2014-TT-1 to Leetch Tree Service and Tom’s Tree Service based upon the lowest bid for each individual section. Grand Island Council Session - 12/17/2013 Page 136 / 334 Grand Island Council Session - 12/17/2013 Page 137 / 334 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE:November 14, 2013 at 2:00 p.m. FOR:Tree Trimming Contract 2014-TT-1 DEPARTMENT:Utilities ESTIMATE:$150,000.00 FUND/ACCOUNT:520 PUBLICATION DATE:October 14, 2013 NO. POTENTIAL BIDDERS:10 SUMMARY Bidder:Asplundh Leetch Tree Service Willow Grove, PA Grand Island, NE Bid Security:Travelers Casualty & Surety Co.Western Surety Co. Exceptions:Noted None Bid Price: Section 1:$40,425.00 $10,100.00 Section 2:$11,333.00 $ 3,450.00 Section 3:$19,301.00 $12,400.00 Section 4:$ 4,880.00 $ 4,650.00 Section 5:$32,748.00 $10,725.00 Section 6:$16,086.00 $ 7,850.00 Section 7:$11,585.00 $ 5,950.00 Section 8:$20,105.00 $10,560.00 Section 9:$28,594.00 $18,950.00 Section 10:$17,474.00 $ 5,940.00 Total Price:$202,531.00 $90,575.00 Grand Island Council Session - 12/17/2013 Page 138 / 334 Bidder:Tom’s Tree Service Grand Island, NE Bid Security:Western Surety Co. Exceptions:None Bid Price: Section 1: No Bid Section 2:$ 7,000.00 Section 3:$11,000.00 Section 4:$ 6,000.00 Section 5: No bid Section 6:$ 8,000.00 Section 7: No bid Section 8:$ 5,300.00 Section 9: No Bid Section 10:$12,000.00 Total Price:$49,300.00 cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Tom Barnes, Utilities Eng. Mgr. P1685 Grand Island Council Session - 12/17/2013 Page 139 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-394 WHEREAS, the City of Grand Island invited sealed bids for Tree Trimming Project 2014-TT-1 for the Utilities Department, according to the plans and specifications on file with the Utilities Department; and WHEREAS, on November 14, 2013, bids were received, opened and reviewed; and WHEREAS, the requested work has been divided into 10 sections in order to achieve the best and lowest cost, and to expedite the completion of the work; and WHEREAS, Leetch Tree Service of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $67,615.00, for Sections 1, 2, 4, 5, 6, 7, 9, and 10 of the contract; and WHEREAS, Tom’s Tree Service of Grand Island, Nebraska, submitted a bid in accordance with the terms of the advertisement of bids and the plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $16,300.00 for Sections 3, and 8 of the contract; and WHEREAS, the combined total of the lowest bids for the above listed 10 sections represents the lowest responsible bid for said project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1.The bid of Leetch Tree Service in the amount of $67,615.00 for Sections 1, 2, 4, 5, 6, 7, 9, and 10 of the contract is hereby approved as the lowest responsive bid submitted for those sections. 2.The bid of Tom’s Tree Service of Grand Island, Nebraska, in the amount of $16,300.00 for Sections 3 and 8 of the contract is hereby approved as the lowest responsive bid submitted for this section. . A contract for such project be entered into between the City and such contractors; and that the Mayor is hereby authorized and directed to execute such contracts on behalf of the City of Grand Island. - - - Grand Island Council Session - 12/17/2013 Page 140 / 334 - 2 - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. ______________________________ Jay Vavricek, Mayor Attest: _________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 141 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-20 #2013-395 - Approving Certificate of Final Completion - Water Main Project 2013-W-2 - Sycamore Street Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 142 / 334 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:December 17, 2013 Subject:Water Main Project 2013-W-2, Sycamore Street Certificate of Final Completion Item #’s:G-20 Presenter(s):Timothy Luchsinger, Utilities Director Background The original water line in Sycamore Street was installed approximately 90 years ago. The 4” diameter cast-iron water main had been repaired numerous times due to physical degradation of the pipe. The contract for Water Main Project 2013-W-2 provided for the installation of a replacement 8” diameter ductile-iron water main and new water service connections to adjacent residential properties, and the abandonment of the old water line. A sketch of the project area is attached for reference. Discussion The project has been completed by The Diamond Engineering Company of Grand Island, Nebraska. All work was done in accordance with the terms and conditions of the contract documents and plans. The contracted amount for the work was $336,947.10. 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 - 12/17/2013 Page 143 / 334 Recommendation City Administration recommends that the Council accept the Certificate of Final Completion for Water Main Project 2013-W-2, Sycamore Street. Sample Motion Move to approve the Certificate of Final Completion for Water Main Project 2013-W-2, Sycamore Street. Grand Island Council Session - 12/17/2013 Page 144 / 334 Grand Island Council Session - 12/17/2013 Page 145 / 334 Grand Island Council Session - 12/17/2013 Page 146 / 334 Grand Island Council Session - 12/17/2013 Page 147 / 334 Grand Island Council Session - 12/17/2013 Page 148 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-395 WHEREAS, the City Engineer/Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main Project 2013-W-2 (Sycamore Street, 1st Street to Ashton Avenue) certifying that The Diamond Engineering Company of Grand Island, Nebraska, under contract, has completed the water main installation portion of such project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of the project; and WHEREAS, the Mayor concurs with the recommendations of the Utilities Director and the Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Certificate of Final Completion for Water Main Project 2013-W-2 is hereby accepted. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 149 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-21 #2013-396 - Approving Certificates of Final Completion for Water Main Districts 464 & 465 - Antelope, Wildwood, Elk and Cougar Drives, and setting Board of Equalization hearing for January 28, 2014 Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 150 / 334 Council Agenda Memo From:Timothy Luchsinger, Utilities Director Meeting:December 17, 2013 Subject:Certificates of Final Completion – Water Main Districts 464 and 465 – Wildwood Subdivision Item #’s:G-21 Presenter(s):Timothy Luchsinger, Utilities Director Background Water Main District 464 and District 465 were created at the request of area property owners to provide municipal water service within the Wildwood Subdivision located at the southwest corner of Wildwood Drive and Highway 281. Two separate districts were created to allow the property owners along the adjacent streets to be able to decide if they wanted city water service. Both districts passed the protest period and one contract for the construction of both districts was awarded to The Diamond Engineering Company, of Grand Island, Nebraska. The project installed a 16” diameter water main in Antelope Drive, a 12” main in Wildwood Drive, and 8” mains in Elk and Cougar Drives. Attached is a map of the area indicating the boundaries of each district. Discussion The work on the project has been fully completed in accordance with the terms and conditions of the contract and complies with the plans and specifications. The total project cost was $399,837.23. Of the project’s total, $292,554.91 will be assessed to the property owners within the district’s boundaries. Due to the irregular shape of lots and tracts in the area, the assessments are proposed to be based on one-half (1/2) of the front foot (ff) cost of the main ($63.702384/ff); one-half (1/2) the cost per square foot (sf) for each property ($0.178975/sf); plus the cost of the water service to each existing building ($1,850.00). This method has been used by the Utilities Department for similar commercial areas. The assessment schedule is five annual payments, at 7% simple interest on the outstanding balance. The first payment is due 50 days after the Council determines Grand Island Council Session - 12/17/2013 Page 151 / 334 benefits at the Board of Equalization (BOE) Hearing on January 28, 2014. Attached for reference are copies of the district’s costs, ownership records, and assessments. The remaining project balance of $107,282.32 is the City’s expense for the larger than normal sized water lines installed in Antelope and Wildwood Drives. These oversized mains were installed to provide for future extension of the water system to the west and south of the current development. 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 accept the Certificates of Final Completion for Water Main Districts 464 and 465 in the Wildwood Subdivision, and set the Board of Equalization Hearing on January 28, 2014, to determine the benefits for the districts. Sample Motion Move to approve the Certificates of Final Completion for Water Main Districts 464 & 465 in the Wildwood Subdivision, and set the Board of Equalization Hearing on January 28, 2014. Grand Island Council Session - 12/17/2013 Page 152 / 334 Grand Island Council Session - 12/17/2013 Page 153 / 334 WATER MAIN DISTRICTS 464 AND 465 Assessable Amount WWO 23595 Wildwood Subdivision / Wildwood 2nd Subdivision 12/4/2013 Antelope Dr, Elk Dr, Cougar Dr., and Wildwood Dr. CONTRACT TOTAL QUANTITIES TOTAL AMT ASSESSABLE AMOUNT CITY COST Item Description Unit Price PLACED COMPLETED $ QUANTITY UNIT $ TOTAL $ TOTAL $ D. 1.01 16" D.I. Pipe (R.J.) $126.00 823.10 l.f. $103,710.60 823.10 l.f. $61.00 $25,104.41 $78,606.19 D. 1.02 12" D.I. Pipe (R.J.) $84.00 770.00 l.f. $64,680.00 770.00 l.f. $61.00 $46,970.00 $17,710.00 D. 1.03 8" D.I. Pipe (R.J.) $61.00 1,601.60 l.f. $97,697.60 1,601.60 l.f. $61.00 $97,697.60 $0.00 D. 1.04 16"X16"x8" Tee (M.J.) $788.00 1.00 ea. $788.00 1.00 ea. $308.80 $154.40 $633.60 D. 1.05 16"X16"X6" Tee (M.J.) $748.00 2.00 ea. $1,496.00 2.00 ea. $308.80 $308.80 $1,187.20 D. 1.06 16" Plug (M.J.) $387.00 1.00 ea. $387.00 1.00 ea. $193.50 $96.75 $290.25D. 1.07 16" Sleeve Coupling $597.00 3.00 ea. $1,791.00 3.00 ea. $298.50 $447.75 $1,343.25 D. 1.08 16" Butterfly Valve $3,021.00 1.00 ea. $3,021.00 1.00 ea. $1,285.00 $642.50 $2,378.50 D. 1.09 12"X12"X8" Tee (M.J.) $458.00 1.00 ea. $458.00 1.00 ea. $308.80 $308.80 $149.20 D. 1.10 12"X12"X6" Tee (M.J.) $422.00 2.00 ea. $844.00 2.00 ea. $308.80 $617.60 $226.40 D. 1.11 12"X45° Ell (M.J.) $375.00 2.00 ea. $750.00 2.00 ea. $255.00 $510.00 $240.00 D. 1.12 12" Cap (M.J.) W/2" Tap $273.00 1.00 ea. $273.00 1.00 ea. $193.50 $193.50 $79.50 D. 1.13 12" Retainer Gland $163.00 0.00 ea. $0.00 0.00 ea. $108.72 $0.00 $0.00 D. 1.14 12" R.S. Gate Valve $2,370.00 1.00 ea. $2,370.00 1.00 ea. $1,285.00 $1,285.00 $1,085.00 D. 1.15 8"X8"X6" Tee (M.J.) $308.80 3.00 ea. $926.40 3.00 ea. $308.80 $926.40 $0.00D. 1.16 8"X90° Ell (M.J.) $255.00 1.00 ea. $255.00 1.00 ea. $255.00 $255.00 $0.00 D. 1.17 8" R.S. Gate Valve $1,285.00 3.00 ea. $3,855.00 3.00 ea. $1,285.00 $3,855.00 $0.00 D. 1.18 Valve Box $160.00 5.00 ea. $800.00 5.00 ea. $160.00 $800.00 $0.00 D. 1.19 1.5" Copper Service Complete $1,850.00 13.00 ea. $24,050.00 13.00 ea. $1,850.00 $24,050.00 $0.00 D. 1.20 Fire Hydrant Assembly Complete $1,765.00 7.00 ea. $12,355.00 7.00 ea. $1,765.00 $12,355.00 $0.00 D. 1.21 Thrust Block $372.00 13.00 ea. $4,836.00 13.00 ea. $372.00 $4,836.00 $0.00 D. 1.22 Bell Block $570.00 1.00 ea. $570.00 1.00 ea. $372.00 $372.00 $198.00 D. 1.23 8 mil Polywrap $1.90 3,194.70 l.f. $6,069.93 3,194.70 l.f. $1.00 $3,194.70 $2,875.23 D. 1.24 Remove Asph./Conc. Roadway $8.70 177.80 s.y. $1,546.86 177.80 s.y. $8.70 $1,546.86 $0.00D. 1.25 Replace Concrete Roadway $41.00 254.60 s.y. $10,438.60 254.60 s.y. $41.00 $10,438.60 $0.00 D. 1.26 Remove Asph./Conc. Driveway $9.50 142.70 s.y. $1,355.65 142.70 s.y. $9.50 $1,355.65 $0.00 D. 1.27 Replace Asph./Conc. Driveway $42.00 100.50 s.y. $4,221.00 100.50 s.y. $42.00 $4,221.00 $0.00 D. 1.28 Remove Grave Driveway $2.50 55.20 s.y. $138.00 55.20 s.y. $2.50 $138.00 $0.00 D. 1.29 Replace Gravel Driveway $27.00 7.80 tn $210.60 7.80 tn $27.00 $210.60 $0.00 D. 1.30 Temporary Resurfacing $26.00 129.80 s.y. $3,374.80 129.80 s.y. $26.00 $3,374.80 $0.00 D. 1.31 Remove and Salvage 16" Cap W/Retainer Gland $280.00 1.00 ea. $280.00 1.00 ea. $140.00 $140.00 $140.00D. 1.32 Remove and Salvage 12" Plug $280.00 1.00 ea. $280.00 1.00 ea. $140.00 $140.00 $140.00 D. 1.33 Bollard $287.00 3.00 ea. $861.00 3.00 ea. $287.00 $861.00 $0.00 D. 1.34 Seeding $6,232.00 0.35 Ac $2,181.20 0.35 Ac $6,232.00 $2,181.20 $0.00 D. 1.35 Dewatering $10.00 823.10 l.f. $8,231.00 823.10 l.f. $10.00 $8,231.00 $0.00 D. 1.36 Temporary Traffic Control $500.00 1.00 Lump Sum $500.00 1.00 LS $500.00 $500.00 $0.00 CONTRACT AMOUNT $365,602.24 CONTRACT ASSESSABLE AMOUNT $258,319.92 CONTRACT CITY COST $107,282.32 PO 306750 H.E. Concrete $1,243.23 $1,243.23CITY SUPPLIED FIRE HYDRANTS $9,814.05 $9,814.05 ENGINEERING AND ADMINISTRATION $23,177.71 $23,177.71 TOTAL PROJECT AMOUNT $399,837.23 TOTAL ASSESSABLE AMOUNT $292,554.91 TOTAL CITY AMOUNT $107,282.32 Grand Island Council Session - 12/17/2013 Page 154 / 334 Water Main Districts 464 / 465 Assessments Dist Parcel Lot Sub Owner Assessment 464 400219298 1 Wildwood Sub ROBCO, LLC c/o Cody Wray $11,799.75 2422 High Point Circle Wichita, KS 67205 464 400219298 3 Wildwood Sub ROBCO, LLC c/o Cody Wray $6,254.55 464 400219336 4 Wildwood Sub Rich & Sons Camper Sales, Inc. of Grand Island $6,254.55 5112 Antelope Drive, Grand Island, NE 68803 464 400219360 7 Wildwood Sub Rich & Sons Camper Sales, Inc. of Grand Island $6,254.55 464 400219379 8 Wildwood Sub BBRE Partnership $9,358.59 P.O. Box 248, Durand, WI 54736 464 400219352 1 Hiser Rich & Sons Camper Sales, Inc. of Grand Island $14,359.08 ********************************************************************************************************************************************************************** 465 400219298 2 Wildwood Sub ROBCO, LLC c/o Cody Wray $7,114.07 465 400219387 9 Wildwood Sub BBRE Partnership $9,286.11 465 400219395 10 Wildwood Sub BBRE Partnership $6,292.22 465 400219409 11 Wildwood Sub BBRE Partnership $6,284.97 465 400219417 12 Wildwood Sub Rich & Sons Camper Sales, Inc. of Grand Island $6,292.85 465 400219425 13 Wildwood Sub Rich & Sons Camper Sales, Inc. of Grand Island $6,285.60 Grand Island Council Session - 12/17/2013 Page 155 / 334 Water Main Districts 464 / 465 Assessments – continued Dist Parcel Lot Sub Owner Assessment 465 400219433 14 Wildwood Sub Cody Krist & Robin Tracy Wray $6,263.14 2422 High Point Circle Wichita, KS 67205 465 400219441 15 Wildwood Sub Cody Krist & Robin Tracy Wray $12,504.34 465 400219484 18 Wildwood Sub Central Cooperative Nonstock Transport Co $8,265.62 4499 Juergen Rd, Grand Island, NE 68803 465 400219492 19 Wildwood Sub Central Cooperative Nonstock Transport Co $6,415.62 465 400219506 20 Wildwood Sub Central Cooperative Nonstock Transport Co $8,265.62" 465 400219522 21 Wildwood Sub Nebraska Transport Co., Inc.$6,415.62 P.O. Box 1646 Scottsbluff, NE 69363 465 400219522 22 Wildwood Sub Nebraska Transport Co., Inc.$22,073.36 465 400219530 23 Wildwood Sub American Freightways, Inc.$6,764.63 3336 E 32nd ST #217, Tulsa, OK 74135 465 400219530 24 Wildwood Sub American Freightways, Inc.$8,614.63 465 400219530 25 Wildwood Sub American Freightways, Inc.$6,764.63 465 400219549 26 Wildwood Sub Man Properties, LLC $6,764.63 5212 Antelope Drive, Grand Island, NE 68803 465 400219557 27 Wildwood Sub Man Properties, LLC $8,614.63 465 400219468 1 Wildwood 2nd Sub JPK & CMA Enterprises, Inc.$15,320.35 5018 Elk Drive, Grand Island, NE 68803 Grand Island Council Session - 12/17/2013 Page 156 / 334 Water Main Districts 464 / 465 Assessments – continued Dist Parcel Lot Sub Owner Assessment 465 400219476 2 Wildwood 2nd Sub GMS Enterprises, Inc.$14,027.81 5050 Elk Dr, Grand Island, NE 68803" 465 400217171 Pt NE 1/4,NE 1/4 Sec 12-T10N-R10W Man Properties, LLC $16,596.87 465 400215977 Pt E 1/2, SE 1/4 Sec 1-T10N-R10W Mitchell H. Stauffer, Trustee $24,161.72 808 W 24th ST, Kearney, NE 68845 465 400215985 Pt E 1/2, SE 1/4 Sec 1-T10N-R10W Mitchell H. Stauffer, Trustee $18,884.80 TOTAL $292,554.91 Un-subdivided Tract Description Details: WM Dist. 465 Parcel: 400217171 - Pt NE 1/4,NE 1/4 Sec 12-T10N-R10W (5212 Antelope Dr) Man Properties, LLC - $16,596.87 Beginning at the NE corner of Lot 27 Wildwood Subdivision in the City of Grand Island, NE; thence easterly along the southerly r-o-w line of Cougar Drive, a distance of 218.0’ to the westerly r-o-w line of Antelope Drive; thence southerly along the westerly r-o-w line of said Antelope Drive, a distance of 400.0’; thence westerly along the westerly extension of the southerly line of said Wildwood Subdivision, a distance of 218.0 feet to the SE corner of said Lot 27; thence northerly along the easterly line of said lot 27, a distance of 400.0’ to the said Point of Beginning. WM Dist. 465 Parcel: 400215977 - Pt E 1/2, SE 1/4 Sec 1-T10N-R10W (3344 Wildwood Dr) Mitchell H. Stauffer, Trustee - $24,161.72 Beginning at the intersection of the northerly r-o-w line of Wildwood Drive and the westerly r-o-w line of US Hwy 281; thence northerly along the westerly r-o-w line of said US Hwy 281, a distance of 287.0’; thence westerly parallel with the northerly r-o-w line of said Wildwood Drive, a distance of 387.8’; thence southerly, parallel with the westerly r-o-w line of said US Hwy 281, a distance of 287.0’ to the northerly r-o-w line of said Wildwood Drive; thence easterly along the northerly r-o-w line of said Wildwood Drive, a distance of 387.8; to the said Point of Beginning. Grand Island Council Session - 12/17/2013 Page 157 / 334 WM Dist. 465 Parcel: 400215985 - Pt E 1/2, SE 1/4 Sec 1-T10N-R10W Mitchell H. Stauffer, Trustee - $18,884.80 Commencing at the intersection of the northerly r-o-w line of Wildwood Drive and the westerly r-o-w line of US Hwy 28; thence westerly along the northerly r-o-w line of said Wildwood Drive, a distance of 387.8’ to the Actual Point of Beginning; thence continuing westerly along the northerly r-o-w line of said Wildwood Drive, a distance of 417.12’; thence northerly parallel with the westerly r-o-w line of said US Hwy 281, a distance of 150.0’; thence easterly parallel with the northerly r-o-w line of said Wildwood Drive, a distance of 417.12’; thence southerly parallel with the westerly r-o-w line of said US Hwy 281, a distance of 150.0’ to the said Point of Beginning. Grand Island Council Session - 12/17/2013 Page 158 / 334 Grand Island Council Session - 12/17/2013 Page 159 / 334 Grand Island Council Session - 12/17/2013 Page 160 / 334 ENGINEER’S CERTIFICATE OF FINAL COMPLETION WATER MAIN DISTRICT 464 December 5, 2013 Water Main District 464 is located in Antelope Drive, in the City of Grand Island, Hall County, Nebraska. The work on the project, as certified to be fully completed by Timothy Luchsinger, Utilities Director, is hereby accepted for the City of Grand Island, by me as Public Works Director in accordance with the provision on Section 6-650, R.R.S., 1943. It is recommended that the City Council sit as Board of Equalization on January 28, 2014. Respectfully submitted, John Collins, Public Works Director WATER MAIN DISTRICT 464 December 17, 2013 TO THE MEMBERS OF COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Water Main District 464 be approved. I further recommend that the City Council sit as Board of Equalization on January 28, 2014, to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek, Mayor Grand Island Council Session - 12/17/2013 Page 161 / 334 ENGINEER’S CERTIFICATE OF FINAL COMPLETION WATER MAIN DISTRICT 465 December 5, 2013 Water Main District 465 is located in Antelope, Wildwood, Elk, and Cougar Drives, in the City of Grand Island, Hall County, Nebraska. The work on the project, as certified to be fully completed by Timothy Luchsinger, Utilities Director, is hereby accepted for the City of Grand Island, by me as Public Works Director in accordance with the provision on Section 6-650, R.R.S., 1943. It is recommended that the City Council sit as Board of Equalization on January 28, 2014. Respectfully submitted, John Collins, Public Works Director WATER MAIN DISTRICT 465 December 17, 2013 TO THE MEMBERS OF COUNCIL CITY OF GRAND ISLAND GRAND ISLAND, NEBRASKA I hereby recommend that the Engineer’s Certificate of Final Completion for Water Main District 465 be approved. I further recommend that the City Council sit as Board of Equalization on January 28, 2014, to determine benefits and levy special assessments. Respectfully submitted, Jay Vavricek, Mayor Grand Island Council Session - 12/17/2013 Page 162 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-396 WHEREAS, the City Engineer/Interim Public Works Director for the City of Grand Island has issued a Certificate of Final Completion for Water Main District No. 464, located in Antelope Drive and Water Main District No. 465, located in Wildwood Drive, Elk Drive, and Cougar Drive, certifying that both were installed as a joint project by The Diamond Engineering Company, of Grand Island, Nebraska, under contract awarded July 26, 2013, has completed the project according to the terms, conditions, and stipulations for such improvements; and WHEREAS, the Public Works Director recommends the acceptance of both districts; and WHEREAS, the Mayor concurs with the Public Works Director’s recommendations. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The City Engineer/Public Works Director’s Certificates of Final Completion for Water Main Districts 464 and 465 are hereby confirmed. 2. The City Council will sit as a Board of Equalization on January 28, 2014, to determine benefits and set assessments for Water Main Districts 464 and 465. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. ______________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 163 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-22 #2013-397 - Approving Change Order No. 1 for Irrigation Installation at Jackrabbit Run Golf Course Staff Contact: Todd McCoy Grand Island Council Session - 12/17/2013 Page 164 / 334 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:December 17, 2013 Subject:Approve Change Order No. 1 to Duininck, Inc. of Prinsburg, Minnesota for the Replacement of the Irrigation System at Jackrabbit Run Golf Course Item #’s:G-22 Presenter(s):Todd McCoy, Parks and Recreation Director Background During the budget process, City Council approved replacement of the outdated irrigation system at Jackrabbit Run Golf Course. It was decided that the General Fund would pay for the project initially and the Golf Course Enterprise Fund would pay back the City General Fund over a period of 20 years. On August 27, 2013 City Council approved, by Resolution 2013-291, the bid award to Duininck, Inc. to update the golf course irrigation system in the amount of $492,538. Discussion A few project modifications were identified to enhance and address unforeseen items. The major item was to install risers on 123 of the 1,100 sprinkler heads because some irrigation lines were found to be much deeper in the ground than originally anticipated. Some savings were also found through a high level of involvement from the golf course staff. Add Replace broken service tees $2,250.00 Add Furnish and install additional swing joints risers $18,450.00 Add Purchase part circles for full circle sprinklers $572.16 Add Purchase decoders for golf course valves $272.13 Deduct Golf Course supply of riser material ($35.40) Deduct Existing Swing Joint Labor & Material Credit ($8,137.50) Deduct Use of Jackrabbit Run Golf Carts ($1,000.00) Deduct Use of Jackrabbit Run Sod Cutter ($250.00) Deduct Jackrabbit Run Crew Assistance ($1,600.00) Deduct Jackrabbit Run Trench Sod Repair ($1,600.00) Grand Island Council Session - 12/17/2013 Page 165 / 334 Deduct Jackrabbit Run Facility Use ($300.00) Deduct Jackrabbit Run Plates Sod Repair ($1,600.00) TOTAL:$7,021.39 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the City Council approve Jackrabbit Run Irrigation Contract Change Order No. 1 in the amount of $7,021.39. Doing so will increase the total amount of the contract with Duininck, Inc. to $499,559.39. Sample Motion Move to approve Change Order No. 1 to Duininck, Inc. for the replacement of the Jackrabbit Run Irrigation System. Grand Island Council Session - 12/17/2013 Page 166 / 334 Grand Island Council Session - 12/17/2013 Page 167 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-397 WHEREAS, on August 27, 2013 by Resolution 2013-291, the City Council of the City of Grand Island awarded Duininck, Inc. from Prinsburg, Minnesota, the bid in the amount of $492,538.00, for the Furnishing and Installation of a New Irrigation System for Jackrabbit Run Golf Course; and WHEREAS, a few project modifications were identified to enhance and address unforeseen items; and WHEREAS, such modifications have been incorporated into Change Order No. 1; and WHEREAS, the result of such modifications will increase the contract amount by $7,021.39 for a revised contract price of $499,559.39. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and directed to execute Change Order No. 1 between the City of Grand Island and Duininck, Inc. from Prinsburg, Minnesota to provide the modifications set out as follows: Add Replace broken service tees $ 2,250.00 Add Furnish and install additional swing joints risers $18,450.00 Add Purchase part circles for full circle sprinklers $ 572.16 Add Purchase decoders for golf course valves $ 272.13 Deduct Golf Course supply of riser material ($ 35.40) Deduct 90 Elbow Labor & Material ($8,137.50) Deduct Use of Jackrabbit Run Golf Carts ($1,000.00) Deduct Use of Jackrabbit Run Sod Cutter ($ 250.00) Deduct Jackrabbit Run Crew Assistance ($1,600.00) Deduct Jackrabbit Run Trench Sod Repair ($1,600.00) Deduct Jackrabbit Run Facility Use ($ 300.00) Deduct Jackrabbit Run Plates Sod Repair ($1,600.00) TOTAL:$ 7,021.39 - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 168 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-23 #2013-398 - Approving Request from Doug Emery, 545 Linden Avenue for Building Permit to Construct a Detached Accessory Building Staff Contact: Craig Lewis Grand Island Council Session - 12/17/2013 Page 169 / 334 Council Agenda Memo From:Craig Lewis, Building Department Director Meeting:December 17, 2013 Subject:Request from Doug Emery, 545 Linden Avenue for Council Approval in Conformance with Section 8-22 of the Grand Island City Code to Allow a Building Permit to Construct a Detached Accessory Building Item #’s:G-23 Presenter(s):Craig Lewis, Building Department Director Background This request is for Council approval to allow for the construction of an accessory building on the property at 545 Linden Avenue. Grand Island City Code section 8-22 Permits Required; states in part; no person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the City or cause the same to be done without first obtaining a separate building permit for each such building or structure from the Building Department; provided no permit shall be issued by the Building Department unless and until authorized by resolution of the City Council in any one of the following cases: (1). Where the real property described in the application for a permit does not front upon a dedicated street or public road. The proposal is to construct an accessory building to the existing single family dwelling at 545 Linden Avenue. However the existing property does not front on Linden Avenue but gains access from an access easement across 533 Linden, requiring Council approval. Discussion The City Code allows for City Council review and approval for properties which would not have the benefit of an adjacent public road. As this property and dwelling have been in existence for a number of years and it would not appear to be a detriment to allow for the construction of an accessory building at this time I would recommend approval and encourage the property owners to seek a resolution in the near future to eliminate continued council action in the future development of the residential properties. Grand Island Council Session - 12/17/2013 Page 170 / 334 The site location is such that it would not appear that this request will have any negative impact on the neighboring properties. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the request. 2.Disapprove or /Deny the request. 3.Modify the request to meet the wishes of the Council 4.Table the issue Recommendation City Administration recommends that the Council approve the request and authorize the issuance of a building permit in conformance with all other aspects of the City Code. Sample Motion Move to approve the request and authorize by resolution the Building Department to issue a building permit for an accessory building at 545 Linden Avenue. Grand Island Council Session - 12/17/2013 Page 171 / 334 Grand Island Council Session - 12/17/2013 Page 172 / 334 Swan LnStoneridgePathKuesters LkLindenAve 400206544 ´ Grand Island Council Session - 12/17/2013 Page 173 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-398 WHEREAS, Doug Emery the owner of the property at 545 Linden Avenue has requested the City Council authorize the Building Department to issue a building permit for the construction of an accessory building at such property , and WHEREAS, The City Council has reviewed the request, in conformance with section 8-22 of the City Code, and WHEREAS, The City Council has determined it is in the interest of the property owner to construct a detached accessory building. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Building Department be authorized to issue a building permit for the construction of an accessory building in conformance with all other City Codes for the property located at 545 Linden Avenue. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 174 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-24 #2013-399 - Approving Award of Proposal for Office/Utility Building Construction at the Solid Waste Landfill Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/17/2013 Page 175 / 334 Council Agenda Memo From:Jeff Wattier, Solid Waste Superintendent Meeting:December 17, 2013 Subject:Approving Award of Proposal for Office/Utility Building Construction for the Solid Waste Division of the Public Works Department Item #’s:G-24 Presenter(s):John Collins, P.E., Public Works Director Background On November 4, 2013 a Request for Proposals (RFP) for office/utility building construction for the Solid Waste Division of the Public Works Department was advertised in the Grand Island Independent and sent to seven (7) potential proposers by the Solid Waste Division of the Public Works Department. The current landfill maintenance building was constructed in 1992. The break room (which is only 7’ by 8’) and office (which is only 8’ by 9’) are extremely small and inadequate for landfill staff. This new office/utility building will allow for better facilities for landfill staff. The new building will also allow for additional storage of small equipment, tools, and a pickup. Once the new building is constructed, landfill staff will also remove the existing office and break room from the maintenance building, which will allow for one (1) additional bay (smaller vehicle capacity) to accommodate repair and maintenance of existing equipment at the landfill. Discussion Six (6) proposals were opened on November 26th, 2013 and reviewed by the Public Works Department and the Purchasing Division of the City. Mehring Construction Company, LLC of Grand Island, Nebraska submitted the most qualified proposal using evaluation criteria listed in the RFP. The building is to be constructed at actual costs with a maximum of $65,488.60. Proposed cost (35%) Responsiveness and completeness of proposal (20%) Grand Island Council Session - 12/17/2013 Page 176 / 334 Experience and qualifications of the company (20%) Proposed agreement for the project (10%) Proposed timeline for the project (15%) Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve 2.Refer the issue to a Committee 3.Postpone the issue to future date 4.Take no action on the issue Recommendation City Administration recommends that the Council approve the award of proposal to Mehring Construction Company, LLC of Grand Island, Nebraska. Sample Motion Move to approve the award of proposal to Mehring Construction Company, LLC of Grand Island, Nebraska. Grand Island Council Session - 12/17/2013 Page 177 / 334 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR OFFICE/UTILITY BUILDING CONSTRUCTION AT LANDFILL RFP DUE DATE:November 26, 2013 at 4:00 p.m. DEPARTMENT:Public Works PUBLICATION DATE:November 2, 2013 NO. POTENTIAL BIDDERS:6 SUMMARY OF PROPOSALS RECEIVED Steel Crafters, Inc.Kleint’s Building & Const. Inc. Grand Island, NE Grand Island, NE Cleary Building Corp.Walton Contracting Grand Island, NE Superior, NE Chief Construction Company Mehring Construction Company, LLC Grand Island, NE Grand Island, NE cc:John Collins, Public Works Director Catrina DeLosh, PW Admin. Assist. Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Jeff Wattier, Solid Waste Supt. P1689 Grand Island Council Session - 12/17/2013 Page 178 / 334 1 AGREEMENT THIS AGREEMENT made and entered into this 17th day of December, 2013, by and between Mehring Construction Company, 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 agreement documents to be prepared and an advertisement of a Request for Proposals for Office/Utility Building Construction for the City of Grand Island, and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined that the aforesaid Contractor submitted the best proposal based on the evaluation criteria listed in the Request For Proposals, a copy thereof being attached to and made a part of this agreement, and has duly awarded to the said Contractor an agreement therefore, for the sum or sums named in the Office/Utility Building Construction Proposal Form with terms & conditions submitted by the Contractor, a copy thereof being attached to and made a part of this agreement; NOW, THEREFORE, in consideration of the compensation to be paid to the 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/hers, or their successors, as follows: ARTICLE I. 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 agreement documents as listed in the attached Request for Proposals for Office/Utility Building Construction for the City of Grand Island and in the attached Office/Utility Building Construction Proposal Form as Submitted by the Contractor; said documents forming the agreement and being as fully a part thereof as if repeated verbatim herein, perform, execute, construct and complete all work included in and covered by the City's official award of this agreement to the said Contractor, such award being based on the acceptance by the City of the Contractor's proposal; ARTICLE II. That the City shall pay to the Contractor for the performance of the work embraced in this agreement and the Contractor will accept as full compensation therefore the sum of SIXTY FIVE THOUSAND FOUR HUNDRED EIGHTY EIGHT 60/100 Dollars ($65,488.60) for all services, materials and work covered by and included in the agreement award and designated in the foregoing Article I; payments thereof to be made in cash or its equivalent in the manner provided in the agreement. ARTICLE III. The 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 Grand Island Council Session - 12/17/2013 Page 179 / 334 2 Services for Office/Utility Building Construction AGREEMENT (Continued) finished product of attached Request for Proposals for Office/Utility Building Construction for the City of Grand Island. ARTICLE IV. That the Contractor shall start work as soon as possible after the agreement is signed. ARTICLE V. The Contractor agrees to comply with all applicable State fair labor standards in the execution of this agreement as required by Section 73-102, R.R.S. 1943. The 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 agreement, the Contractor and all Sub Contractors agree not to discriminate in hiring or any other employment practice on the basis of race, color, religion, gender, national origin, age or disability. The Contractor agrees to comply with all applicable Local, State and Federal rules and regulations. ARTICLE VI. The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. It is understood and agreed that any portion of this agreement which will be performed in a future fiscal year is contingent upon the City Council adopting budget statements and appropriations sufficient to fund such performance. ARTICLE VII. GRATUITIES AND KICKBACKS: City Code states that it is unethical for any person to offer, give, or agree to give any City employee or former City employee, or for any City employee or former City employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or an agreement or sub agreement, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a Sub Consultant under an agreement to the prime Consultant or higher tier Sub Consultant or any person associated therewith, as an inducement for the award of a Sub Consultant to order. ARTICLE VIII. FAIR EMPLOYMENT PRACTICES: Each proposer agrees that they will not discriminate against any employee or applicant for employment because of age, race, color, religious creed, ancestry, handicap, sex or political affiliation. ARTICLE IX. LB 403: Every public contractor and his, her or its subcontractors who are awarded an agreement by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. Grand Island Council Session - 12/17/2013 Page 180 / 334 3 Services for Office/Utility Building Construction AGREEMENT (Continued) IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. Mehring Construction Company, LLC By Title CITY OF GRAND ISLAND, NEBRASKA, By Jay Vavricek, Mayor Attest: RaNae Edwards, City Clerk The agreement is in due form according to law and is hereby approved. Stacy R. Nonhof, Asst. City Attorney Grand Island Council Session - 12/17/2013 Page 181 / 334 4 APPENDIX A – TITLE VI NON-DISCRIMINATION - During the performance of this agreement, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: (1)Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, and the Federal Highway Administration (hereinafter “FHWA”) Title 23, Code of Federal Regulations, Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this agreement. (2)Nondiscrimination: The Contractor, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, color, or national origin, sex, age, and disability/handicap in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations. (3)Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subagreement, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin, sex, age, and disability/handicap. (4)Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Grand Island or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City of Grand Island, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. (5)Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this agreement, the City of Grand Island shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a.)withholding of payments to the contractor under the agreement until the contractor complies, and/or (b.)cancellation, termination or suspension of the agreement, in whole or in part. (6)Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subagreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subagreement or procurement as the City of Grand Island or the FHWA may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of Grand Island to enter into such litigation to protect the interests of the City of Grand Island, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Grand Island Council Session - 12/17/2013 Page 182 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-399 WHEREAS, the City of Grand Island invited proposals for office/utility building construction, according to Request for Proposals on file with the Solid Waste Division of the Public Works Department; and WHEREAS, on November 26, 2013 proposals were received, reviewed, and evaluated in accordance with established criteria; and WHEREAS, Mehring Construction Company, LLC of , Grand Island, Nebraska submitted a proposal in accordance with the terms of the Request for Proposals and all statutory requirements contained therein and the City Procurement Code with the work performed at actual costs with a maximum of $65,488.60. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Mehring Construction Company, LLC of Grand Island, Nebraska for office/utility building construction is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 183 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-25 #2013-400 - Approving Amendment No. 8 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/17/2013 Page 184 / 334 Council Agenda Memo From:Marvin Strong PE, Wastewater Treatment Plant Engineer Meeting:December 17, 2013 Subject:Approving Amendment No. 8 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation" with Black & Veatch Item #’s:G-25 Presenter(s):Terry Brown PE, Manager of Engineering Services Background On October 11, 2011 City Council approved, by Resolution No. 2011-307 in the amount of $1,121,160.00, the initial agreement with Black & Veatch for project management, collection system master planning and conceptual designs for the Northeast Interceptor sewer, Collection System rehabilitation and Wastewater Treatment rehabilitation. As presented to council, all final design and construction services necessary for this project would be added as an amendment to the initial agreement so that only essential services will be contracted. On April 24, 2012 City Council approved, by Resolution No. 2012-111 Amendment No. l, in the amount of $1,910,075.00, to this agreement in continued design effort to finalize design and prepare bidding documents. Bidding documents in Amendment No. l included; Lift Station No. 7 Improvements, 4th to 5th Eddy to Vine, Northeast Interceptor Phase 1A, and 1B, South and West Collection System rehabilitation, and Wastewater Treatment Rehabilitation. On August 28, 2012 City Council approved, by Resolution No. 2012-229 Amendment No. 2, in the amount of $53,000.00, to this agreement. This amendment added Community Development Block Grant (CDBG) guideline provisions, as well as provided for construction engineering services for the Lift Station No. 7 Improvements and 4th Street to 5th Street; Eddy Street to Vine Street rehabilitation. On November 13, 2012 City Council approved, by Resolution No. 2012-329 Amendment No. 3, in the amount of $265,754.00, to this agreement. This amendment added construction engineering services and resident inspection during construction for the 5th Grand Island Council Session - 12/17/2013 Page 185 / 334 Street Sanitary Sewer Improvements, as well as for the South & West Sewer Interceptor Improvements with the consulting firm Black & Veatch of Kansas City, Missouri. On February 12, 2013 City Council approved, by Resolution No. 2013-34 Amendment No. 4 in the amount of $30,000 to this agreement. This amendment updated the Report on Revenue Requirements, Cost of Service and Rates for Wastewater completed in March 2011. On February 12, 2013 City Council approved, by Resolution No. 2013-35 for Amendment No. 5 in the amount of $451,896 to this agreement. This amendment provides preliminary design engineering services in Phase II of the North Interceptor Sewer planning, and final bidding documents for Phase II-B North Interceptor Sewer. On May 14, 2013 City Council approved, by Resolution No. 2013-148 for Amendment No. 6 in the amount of $719,617 to this agreement. This amendment allowed fee compensation for engineering services that were not specifically identified in the original design agreement; Consulting Engineering Construction Phase Services, and Resident Inspection During Construction for Phase I; North Interceptor Sewer Construction. On May 14, 2013 City Council approved, by Resolution No. 2013-149 for Amendment No. 7 in the amount of $1,878,450 to this agreement. This amendment provides for Consulting Engineering Construction Phase Services, Resident Inspection During Construction, and Integration Services for Headworks Improvements Construction with the consulting firm Black & Veatch of Kansas City, Missouri. Discussion With the approval of Amendment No. 8 to the Agreement for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation", City staff, in conjunction with consulting engineer Black & Veatch and sub-consultant Olsson Associates, will proceed with Final Design Phase Services for North Interceptor Phase 2A and 2C (Broadwell Avenue to 7th/Sky Park Road & Lift Station No. 19 to Webb Road), as well as Bidding Phase Services for all 3 phases of the North Interceptor (Broadwell Avenue to 7th/Sky Park Road, Webb Road to Broadwell Avenue, and Lift Station No. 19 to Webb Road). Bidding Phase Services originally included in Amendment No. 5 for the North Interceptor will be deleted and combined with Amendment No. 8. The cost increase for Amendment No. 8 is $904,524.00, resulting in a revised agreement of $7,334,476.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 12/17/2013 Page 186 / 334 1.Move to. 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 by resolution the authorization to execute the Amendment No. 8 with Black & Veatch of Kansas City, Missouri for Professional Engineering Services entitled "Wastewater Treatment Plant and Collection System Rehabilitation". Sample Motion Move to approve the resolution. Grand Island Council Session - 12/17/2013 Page 187 / 334 Page 1 of 11 AMENDMENT NO. 8 TO AGREEMENT BETWEEN CITY OF GRAND ISLAND AND BLACK & VEATCH CORPORATION FOR PROFESSIONAL SERVICES FOR Consulting Engineering Services for the WWTP and Collection System Rehabilitation THIS IS AN AMENDMENT made as of , 2013 to the Agreement between City of Grand Island (OWNER) and Black & Veatch Corporation (ENGINEER) dated October 17, 2011, and entitled Consulting Engineering Services for the WWTP and Collection System Rehabilitation. OWNER and ENGINEER agree to amend such Agreement as follows: ARTICLE 3 – SERVICES TO BE PERFORMED BY ENGINEER The scope of services for this amendment includes the following services: 1.North Interceptor (Broadwell to 7th/Skypark Road - Phase 2A) – Final Design Phase Services. 2.North Interceptor (LS 19 to Webb – Phase 2C) – Final Design Phase Services. 3.North Interceptor (LS 19 to 7th/Skypark Road – Phases 2A, 2B, and 2C) – Bidding Phase Services. Note – Task 3.8.2 Phase 2B Bidding Phase Services will be deleted from Amendment 5 and combined with this amendment. The Scope of Services as described in Attachment A – Scope of Services shall be amended to include the following: Task 3.7 – Final Design – North Interceptor (LS 19 to 7th/Skypark Road – Phase 2) General The scope of services for this Amendment includes engineering services in connection with detailed design and bidding of North Interceptor Sewer Phase 2A – Broadwell to 7th/Skypark Road and Phase 2C – LS 19 to Webb. Phase 2B final design services were included in Amendment 5. Phases 2A, 2B, 2C will be combined into one construction document package for bidding and construction. As outlined in this Amendment, the scope of services is based on the following additions, modifications, and/or changes to the North Interceptor: Phase 2A – Broadwell to 7th/Skypark Road Phase 2B – Webb to Broadwell (included in Amendment 5) Phase 2C – LS 19 to Webb Task 3.7.1 – 60% Contract Document Development Task 3.7.1.1 - 60% Contract Documents Development Phase 2A Objective: Prepare 60% contract documents for the construction of the improvements identified herein. Grand Island Council Session - 12/17/2013 Page 188 / 334 Page 2 of 11 Subtasks: 1.Contract Plans and Specifications. a.Produce project drawings for Phase 2A to include: 1.Title Sheet, (included in Phase 2B) 2.Site Plans (included in Phase 2B) 3.Legends and Symbols Lists (included in Phase 2B) 4.Standard Detail Sheets, (included in Phase 2B) 5.Construction Drawings, 6 6.Plan and Profile Sheets, 27 7.Ditch Rehabilitation Plans, 4 8.Traffic Control Plans, 9 9.Utility Crossing Detail Plans, 2 10.Erosion Control Plan Sheets, 14 11.Capital Avenue Roadway & Storm Sewer Plan and Profile Sheets, 6 12.Lift Station #2, 4, 8, 10, 13 & 15 Sheets, 59 A total of approximately one hundred six (127) drawings are anticipated in the final set of drawings for Phase 2A. It is anticipated that drawings for Items 1.a.1,2,6,7,8,9, 11, and 12 will be submitted for review with the 60% review documents. b.Produce draft contract specifications document including: (1) OWNER standard “front- end” contract documents which include Table of Contents, Invitation to Bid, Instructions to Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List of Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident project representative, (2) OWNER’s forms, (3) Division 1 specifications, and (4) technical specifications. 2.Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality assurance/quality control review of the 60% contract documents. 3.60% Design Development Review Workshop. ENGINEER shall submit eight (8) copies of the 60% Design Contract Documents to the OWNER for review, one (1) electronic copy in PDF format, and attend one (1) half-day workshop at the Grand Island Olsson Associate office to review the documents with OWNER’S Staff. All preliminary plan sets will be on 11- inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of probable construction costs at the workshop prepared to AACE Class 3 Level. 4.Easement Acquisition. ENGINEER shall complete items associated with the permanent and temporary easement acquisition for the tracts along the Phase 2A of the sanitary sewer route. It is anticipated that there are twelve (12) tracts with a total of eleven (11) individual landowners from which easements (one (1) temporary and one (1) permanent for each tract) will be required. Subtasks to be completed include: a.ENGINEER shall prepare legal descriptions and tract drawings for the permanent and temporary easements required from each of the impacted tracts. b.ENGINEER shall perform a title search and have an appraisal completed for each of the impacted tracts for use in the acquisition of the temporary and/or permanent easement. Grand Island Council Session - 12/17/2013 Page 189 / 334 Page 3 of 11 A review appraisal will need to be completed for any tracts in which the easement value is in excess of $10,000. It is anticipated that a total of five (5) review appraisals will need to be completed. 5.Lift Station Elimination Analysis and Design. ENGINEER will prepare plan and profile and detail drawings for gravity sewers between the Phase 2 North Interceptor and the existing lift stations to allow elimination of Lift Stations 2, 4, 8, 10, 13 and 15. Plans will include detailed connections for the existing lift stations and a decommissioning plan for each lift station. Lift Stations 2, 4, & 8 are located in the Phase 2B section of the North Interceptor. Lift Stations 10 & 13 are located in Phase 2A. Lift Stations 2, 4, 8, 10, 13 and 15 elimination will be included as bid alternate items in the bidding documents. Design will include site surveying and geotechnical borings and investigations required for final design in accordance with the Preliminary Design Scope of Services Task 3.6, Subtask 2 and 3 respectively in Amendment 5. A supplement to the Initial Site Assessment (ISA) will be prepared for Phase 2 in Task 3.6, Subtask 4. 6.Storm Water Management Plan. A stormwater management plan (SWMP) will be prepared for work along the Phase 2A route.. The SWMP will be prepared and a draft of the document will be included in the project specifications. 7.Construction Sequencing Plan. A construction sequencing plan will be prepared outlining the proposed timing and sequence of Phases 2A, 2B, and 2C. A project schedule and estimated capital expenditure schedule will be prepared including anticipated milestone, early start, and late start construction timeframes. The draft plan will be included with the 60% submittal and finalized for the 90% and Final submittals. 8.Traffic Control Plans. Plans will be prepared for the maintenance of traffic during construction of the project. The plans will be prepared in conformance with the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and shall also be prepared under the direction of an American Traffic Safety Services Association (ATSSA) certified individual. Grand Island Council Session - 12/17/2013 Page 190 / 334 Page 4 of 11 Task 3.7.1.2 - 60% Contract Documents Development Phase 2B (Included in Amendment 5) Task 3.7.1.3 - 60% Contract Documents Development Phase 2C Objective: Prepare 90% contract documents for the construction of the improvements identified herein. Subtasks: 1.Contract Plans and Specifications. a.Produce project drawings for Phase 2C to include: 1.Title Sheet, (included with Phase 2B) 2.Site Plans (included with Phase 2B) 3.Legends and Symbols Lists, (included with Phase 2B) 4.Standard Detail Sheets, (included with Phase 2B) 5.Construction Drawings, 3 6.Plan and Profile Sheets, 5 7.Traffic Control Plans, 2 8.Utility Crossing Detail Plans, 2 9.Erosion Control Plan Sheets, 2 A total of approximately fourteen (14) drawings are anticipated in the final design drawings for Phase 2C. It is anticipated that drawings for Items a.1,2,6,7, and 8 will be submitted for review with the 60% review documents. b.Produce draft contract specifications document including: (1) OWNER standard “front- end” contract documents which include Table of Contents, Invitation to Bid, Instructions to Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List of Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident project representative, (2) OWNER’s forms, (3) Division 1 specifications, and (4) technical specifications. 2.Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality assurance/quality control review of the 60% contract documents. 3.60% Design Development Review Workshop. ENGINEER shall submit eight (8) copies of the 60% Design Contract Documents to the OWNER for review, one (1) electronic copy in PDF format, and attend one (1) half-day workshop at the Grand Island Olsson Associate office to review the documents with OWNER’S Staff. All preliminary plan sets will be on 11- inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of probable construction costs at the workshop prepared to AACE Class 3 Level. Workshop will be in conjunction with Phase 2A and 2B 60% design workshop. 4.Easement Acquisition. ENGINEER shall complete items associated with the permanent and temporary easement acquisition for the tracts along the Phase 2C of the sanitary sewer route. It is anticipated that there are thirteen (13) tracts with a total of four (4) individual landowners from which easements (one (1) temporary and one (1) permanent for each tract) will be required. Subtasks to be completed include: Grand Island Council Session - 12/17/2013 Page 191 / 334 Page 5 of 11 a.ENGINEER shall prepare legal descriptions and tract drawings for the permanent and temporary easements required from each of the impacted tracts. b.ENGINEER shall perform a title search and have an appraisal completed for each of the impacted tracts for use in the acquisition of the temporary and/or permanent easement. A review appraisal will need to be completed for any tracts in which the easement value is in excess of $10,000. It is anticipated that a total of five (5) review appraisals will need to be completed. 5.Lift Station Elimination Design. ENGINEER will prepare plan and profile and detail drawings for gravity sewers between the Phase 2 North Interceptor and the existing lift station to allow elimination of Lift Stations 19. Plans will include detailed connections for the existing lift station and a decommissioning plan. Lift Stations 19 elimination will be included in the base bid of the bidding documents. Design will include site surveying and geotechnical investigations required for final design in accordance with the Preliminary Design Scope of Services Task 3.6, Subtask 2 and 3 respectively in Amendment 5. 6.Storm Water Management Plan. A stormwater management plan (SWMP) will be prepared for work along the Phase 2C route.. The SWMP will be prepared and a draft of the document will be included in the project specifications. 7.Traffic Control Plans. Plans will be prepared for the maintenance of traffic during construction of the project. The plans will be prepared in conformance with the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD) and shall also be prepared under the direction of an American Traffic Safety Services Association (ATSSA) certified individual. Task 3.7.2 – 90% Contract Document Development Task 3.7.2.1 - 90% Contract Documents Development Phase 2A Objective: Prepare 90% contract documents for the construction of the improvements identified herein. Subtasks: 1.Contract Plans and Specifications. a.Prepare 90% project drawings for Phase 2A. It is anticipated that all drawings will be submitted for review with the 90% review documents. b.Produce complete draft contract specifications document including: (1) OWNER standard “front-end” contract documents which include Table of Contents, Invitation to Bid, Instructions to Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List of Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident project representative, (2) OWNER’s forms, (3) Division 1 specifications, and (4) technical specifications. 2.Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality assurance/quality control review of the 90% contract documents. Grand Island Council Session - 12/17/2013 Page 192 / 334 Page 6 of 11 3.90% Design Development Review Workshop. ENGINEER shall submit eight (8) copies of the 90% Design Contract Documents to the OWNER for review, one (1) electronic copy in PDF format, and attend one (1) half-day workshop at the Grand Island Olsson Associate office to review the documents with OWNER’S Staff. All preliminary plan sets will be on 11- inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of probable construction costs at the workshop prepared to AACE Class 2 Level. 4.Easement Acquisition. ENGINEER shall complete items associated with the permanent and temporary easement acquisition for the tracts along the Phase 2A of the sanitary sewer route. a. ENGINEER shall assist the OWNER in the negotiations for the acquisition of the temporary and/or permanent easements. ENGINEER will prepare the easement documents, present, explain offers, answer related questions and secure signatures from interested parties. ENGINEER will attempt to meet with each property owner (assumed eleven (11) property owners). Three (3) meetings are anticipated with each property owner. b.ENGINEER will perform the ROW negotiation services in accordance with the OWNER’S procedures. The goal will be to acquire the necessary right-of- way through amicable negotiations. If condemnation is required, ENGINEER will deliver the parcel files to the OWNER and be available for consultation or condemnation testimony. c.ENGINEER will submit signed purchase agreements, deeds, and temporary easements, along with a payment transmittal letter to OWNER. The OWNER will approve all signed purchase agreements and easement documents and will make payments to each property owner and tenant, if necessary. OWNER will record the deeds at the County Courthouse in the county of the affected properties, and provide copies of the recorded documents and payment vouchers or checks to the ENGINEER in order to complete the acquisition file. Grand Island Council Session - 12/17/2013 Page 193 / 334 Page 7 of 11 Task 3.7.2.2 - 90% Contract Documents Development Phase 2B (Included in Amendment 5) Task 3.7.2.3 - 90% Contract Documents Development Phase 2C Objective: Prepare 90% contract documents for the construction of the improvements identified herein. Subtasks: 1.Contract Plans and Specifications. a.Prepare project drawings for Phase 2C. It is anticipated that all drawings will be submitted for review with the 90% review documents. b.Produce complete draft contract specifications document including: (1) OWNER standard “front-end” contract documents which include Table of Contents, Invitation to Bid, Instructions to Bidders, Bid Forms, Bond Forms, Certificate of Compliance with Fair Labor Standards, List of Subcontractors, Questionnaires, the Agreement, Nebraska Performance Bond, Nebraska Payment Bond, Insurance Certificates, General Conditions, Supplementary Conditions, and Exhibit A that lists the duties, responsibilities and limitations of the authority of the resident project representative, (2) OWNER’s forms, (3) Division 1 specifications, and (4) technical specifications. 2.Quality Assurance/Quality Control Review. ENGINEER shall conduct an internal quality assurance/quality control review of the 90% contract documents. 3.90% Design Development Review Workshop. ENGINEER shall submit eight (8) copies of the 90% Design Contract Documents to the OWNER for review, one (1) electronic copy in PDF format, and attend one (1) half-day workshop at the Grand Island Olsson Associate office to review the documents with OWNER’S Staff. All preliminary plan sets will be on 11- inch by 17-inch size paper at half scale. ENGINEER shall provide an updated opinion of probable construction costs at the workshop prepared to AACE Class 2 Level. Workshop will be conducted in conjunction with the Phase 2A and 2B workshop. 4. Easement Acquisition. ENGINEER shall complete items associated with the permanent and temporary easement acquisition for the tracts along the Phase 2C of the sanitary sewer route. a.ENGINEER shall assist the OWNER in the negotiations for the acquisition of the temporary and/or permanent easements. ENGINEER will prepare the easement documents, present, explain offers, answer related questions and secure signatures from interested parties. ENGINEER will attempt to meet with each property owner (assumed four (4) property owners). Three (3) meetings are anticipated with each property owner. b.ENGINEER will perform the ROW negotiation services in accordance with the OWNER’S procedures. The goal will be to acquire the necessary right-of- way through amicable negotiations. If condemnation is required, ENGINEER will deliver the parcel files to the OWNER and be available for consultation or condemnation testimony. Grand Island Council Session - 12/17/2013 Page 194 / 334 Page 8 of 11 c.ENGINEER will submit signed purchase agreements, deeds, and temporary easements, along with a payment transmittal letter to OWNER. The OWNER will approve all signed purchase agreements and easement documents and will make payments to each property owner and tenant, if necessary. OWNER will record the deeds at the County Courthouse in the county of the affected properties, and provide copies of the recorded documents and payment vouchers or checks to the ENGINEER in order to complete the acquisition file. Task 3.7.3 – Final Contract Documents Task 3.7.3.1 - Final Contract Documents Phase 2A Objective: Finalize contract documents for the construction of the PROJECT by a single General Contractor bidding on a unit price basis. Subtasks: 1.Contract Plans and Specifications. Integrate OWNER and internal quality control comments into contract documents to finalize bidding documents. Submit four (4) sets of documents including specifications, half size (11”x17”), and full sized plans (22”x34”), two (2) electronic copies in PDF format, and two (2) electronic copies of the drawings in AutoCAD 2008 format. 2.Prepare Final Opinion of Probable Construction Cost. Prepare final opinion of probable construction cost based on bidding documents to AACE Class 2 Level detail. ENGINEER shall use past project experience, equipment manufacturer’s quotes, and internal cost information to develop opinion of cost. 3.Obtain Project Approvals. ENGINEER shall assist in obtaining approval from the governmental authorities having jurisdiction over the design criteria of the PROJECT, consisting of any required correspondence and the attendance of one (1) meeting, if required, with the appropriate governmental agencies. ENGINEER shall prepare sealed documents for review by NDEQ. Grand Island Council Session - 12/17/2013 Page 195 / 334 Page 9 of 11 Task 3.7.3.2 - Final Contract Documents Phase 2B (Additional Services) The final design of Phase 2B was included in Amendment 5, however the following scope item is added to this amendment as follows: Objective: Coordinate with the Nebraska Department of Administrative Services (NEDAS) on the landscaping plan and the improvements to the fencing and sidewalk at the Anderson Building as part of the easement/right-of-way acquisition Subtasks: 1.Nebraska Department of Administrative Services Coordination. Coordinate with NEDAS on any needed modifications to the landscaping plan and windbreak tree plan that was previously prepared. Coordinate with NEDAS on any needed revisions to the fence and sidewalk relocation for the Anderson Building. Assist NEDAS on securing contractors and providing some minor direction during construction. Provide staking for landscaping plan, new fence location, and new sidewalk location. Task 3.7.3.3 - Final Contract Documents Phase 2C Objective: Finalize contract documents for the construction of the PROJECT by a single General Contractor bidding on a unit price basis. Subtasks: 2.Contract Plans and Specifications. Integrate OWNER and internal quality control comments into contract documents to finalize bidding documents. Submit four (4) sets of documents including specifications, half size (11”x17”), and full sized plans (22”x34”), two (2) electronic copies in PDF format, and two (2) electronic copies of the drawings in AutoCAD 2008 format. 3.Prepare Final Opinion of Probable Construction Cost. Prepare final opinion of probable construction cost based on bidding documents to AACE Class 2 Level detail. ENGINEER shall use past project experience, equipment manufacturer’s quotes, and internal cost information to develop opinion of cost. 4.Obtain Project Approvals. ENGINEER shall assist in obtaining approval from the governmental authorities having jurisdiction over the design criteria of the PROJECT, consisting of any required correspondence and the attendance of one (1) meeting, if required, with the appropriate governmental agencies. ENGINEER shall prepare sealed documents for review by NDEQ. Grand Island Council Session - 12/17/2013 Page 196 / 334 Page 10 of 11 Task 3.8 – Bidding Phase Services – North Interceptor (LS 19 to 7th/Skypark Road – Phase 2) Objective: Provide bidding phase support services to the OWNER during advertisement of Phase 2 of the North Interceptor (LS 19 to 7th/Skypark Road) project. Subtasks: 1.Distribute Documents. Assist the OWNER in establishing a bid opening date and distribute project drawings and contract specifications in accordance with OWNER’s procedures to all interested parties and clearinghouses. Document distribution may be on a third-party plan distribution website as approved by OWNER. 2.Pre-Bid Conference. Assist with, at a date and time selected and a place provided by OWNER, a pre-bid conference to: a.Instruct prospective bidders and suppliers as to the types of information required by the Contract Documents and the format in which bids should be presented. b.Review special project requirements and Contract Documents in general. c.Receive requests for interpretations that will be issued to plan holders. d.OWNER personnel will prepare minutes of conference and issue to plan holders. 3.Answer Bidders Questions. Interpret questions from prospective bidders regarding the construction Contract Documents (assumed 40 hours total) 4.Prepare and Issue Addenda. Prepare addenda (2 assumed) to the construction Contract Documents when required. OWNER will issue any addenda to plan holders. 5.Evaluate Bids and Recommend Award. a.Assist the OWNER in reviewing the bids for completeness and accuracy. b.Examine the questionnaire to identify any supplier whose equipment or materials may not conform to the construction Contract Documents. The list of subcontractors will also be reviewed. c.Prepare and distribute formal bid tabulation sheets, evaluate bids, and make written recommendations to OWNER concerning qualifications of the apparent low bidder. d.Assistance with bid protests and rebidding will be considered a supplemental service. Task 3.8.2 – Bidding Phase Services Phase 2B (Included in Amendment 5) – Delete this task in its entirety. Grand Island Council Session - 12/17/2013 Page 197 / 334 Page 11 of 11 Task 3.9.1 – Construction Phase Services – North Interceptor (LS 19 to 7th/Skypark Road – Phase 2) (To be included in a future amendment) Task 3.9.2 – Resident Inspection Services during Construction – North Interceptor (LS 19 to 7th/Skypark Road – Phase 2) (To be included in a future amendment) ARTICLE 4 – COMPENSATION 4.1 The total amount of payments for services and Reimbursable Expenses in accordance with Attachment B-1, Compensation shall be changed from $6,429,952to $7,334,4767,231872 representing an increase of $904,524801,920. The estimated fee for each task is as follows: Task 3.7 Final Design Services – North Interceptor (LS 19 to 7th/Skypark Road – Phases 2A and 2C) $886,937784,333 Task 3.8 Bidding Phase Services – North Interceptor (LS 19 to 7th/Skypark Road – Phase 2) $35852 Delete Task 3.8.2 Bidding Phase Services – North Interceptor (Webb to Broadwell – Phase 2B) in Amendment 5 ($18,265). All other provisions of the Agreement shall remain the same. IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment as of the day and year first above written. OWNER:ENGINEER: CITY OF GRAND ISLAND, NEBRASKA BLACK & VEACTH CORPORATION By: By: Title: Title: Grand Island Council Session - 12/17/2013 Page 198 / 334 Approved as to Form ¤ ___________ May 14, 2013 ¤ City Attorney R E S O L U T I O N 2013-400 WHEREAS, on October 11, 2012 Grand Island City Council, by Resolution No. 2011-307, approved the consulting agreement with Black & Veatch of Kansas City, Missouri; for project management, collection system master planning and conceptual designs for the Northeast Interceptor sewer, Collection System rehabilitation and Wastewater Treatment rehabilitation in the amount of $1,121,160.00, and WHEREAS, on April 24, 2012 Grand Island City Council, by Resolution No. 2012-111, approved Amendment No. 1 allowed for the continuation of the design effort to final design and bidding, in the amount of $1,910,075.00; and WHEREAS, on August 28, 2012 Grand Island City Council, by Resolution No. 2012-229, approved Amendment No. 2 to add CDBG guideline provisions, and provided for construction engineering services for the Lift Station No. 7 Improvements and 4th Street to 5th Street; Eddy Street to Vine Street rehabilitation, in the amount of $53,000; and WHEREAS, on November 13, 2012 Grand Island City Council, by Resolution No. 2012-329, approved Amendment No. 3 allowed for construction engineering services and resident inspection during construction for the 5th Street Sanitary Sewer Improvements, as well as for the South & West Sewer Interceptor Improvements with the consulting firm Black & Veatch of Kansas City, Missouri, in the amount of $265,754.00; and WHEREAS, on February 12, 2013 Grand Island City Council, by Resolution No. 2013-34, approved Amendment No. 4 allowed for the review to the “Report on Revenue Requirements, Cost of Service and Rates for Wastewater”, in the amount of $30,000; and WHEREAS, on February 12, 2013 Grand Island City Council, by Resolution No. 2013-35, approved Amendment No. 5 allowed preliminary design engineering services in Phase II of the North Interceptor Sewer planning, and final bidding documents for Phase II-B North Interceptor Sewer with the consulting firm Black & Veatch of Kansas City, Missouri in the amount of $451,896; and WHEREAS, on May 14, 2013 Grand Island City Council, by Resolution No. 2013-148, approved Amendment No. 6 allowed fee compensation in engineering services that were not specifically identified in the original design agreement; Consulting Engineering Construction Phase Services, and Resident Inspection During Construction for Phase I; North Interceptor Sewer Construction, in the amount of $719,617.00; and WHEREAS, on May 14, 2013 Grand Island City Council, by Resolution No. 2013-149, approved Amendment No. 7, which provides for Consulting Engineering Construction Phase Services, Resident Inspection During Construction and Integration Services for Headworks Improvements Construction with the consulting firm Black & Veatch of Kansas City, in the amount of $1,878,450.00; and Grand Island Council Session - 12/17/2013 Page 199 / 334 - 2 - WHEREAS, Amendment No. 8 will proceed with Final Design Phase Services for North Interceptor Phase 2A and 2C (Broadwell Avenue to 7th/Sky Park Road & Lift Station No. 19 to Webb Road), as well as Bidding Phase Services for all 3 phases of the North Interceptor (Broadwell Avenue to 7th/Sky Park Road, Webb Road to Broadwell Avenue, and Lift Station No. 19 to Webb Road). Bidding Phase Services originally included in Amendment No. 5 for the North Interceptor will be deleted and combined with Amendment No. 8; and WHEREAS, the agreement cost increase for Amendment No. 8 is $904,524.00, resulting in a revised agreement cost of $7,334,476.00. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that such Amendment No. 8 to the agreement with Black & Veatch of Kansas City, Missouri is hereby approved. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such Amendment No. 8 on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _____________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 200 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-26 #2013-401 - Approving Continuation of Drainage Improvement District No. 2013-D-4; Westgate Subdivision Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/17/2013 Page 201 / 334 Council Agenda Memo From:Keith Kurz PE, Public Works Engineer Meeting:December 17, 2013 Subject:Approving Continuation of Drainage Improvement District No. 2013-D-4; Westgate Subdivision Item #’s:G-26 Presenter(s):John Collins PE, Public Works Director Background Drainage Improvement District No. 2013-D-4 was created by City Council on October 22, 2013. Legal notice of the creation of the District was published in the Grand Island Independent on October 28, 2013. A notification letter of the district creation was mailed to all affected property owners. The District will be made up of the north half of Gold Road east to Claude Road and is shown on the attached exhibit. The project would consist of running a pipe along Gold Road and outletting to the existing drainage ditch to drain property within the district boundary which currently does not drain. Property owners in this area have signed the district creation petition form. The assessment to the property owners within the district will be based on contributing area. Because all of the lots included in this district contribute to the drainage creating the problem, the assessment distribution will be based on each property owner’s lot size relative to the whole district area. If owner “A” owns a one (1) acre parcel within a ten (10) acre district, owner “A” will pay 10% of the project cost as owner “A’s” land creates 10% of the runoff. Discussion The district completed the 30-day protest period at 5:00 p.m., Monday, December 2, 2013, with one protest being filed against this district. The protest filed represents 1.03 acres of 15.68 total acres, resulting in a 6.5% area against the continuation of such district. Grand Island Council Session - 12/17/2013 Page 202 / 334 The construction of this Drainage Improvement District is budgeted in the 2013/2014 fiscal year Capital Improvement Projects 400 Fund. Construction costs will be assessed to the properties within the district, based on contributing area. Because all of the lots included in this district contribute to the drainage creating the problem, the assessment distribution will be based on each property owner’s lot size relative to the whole district area. If owner “A” owns a one (1) acre parcel within a ten (10) acre district, owner “A” will pay 10% of the project cost as owner “A’s” land creates 10% of the runoff. 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 continuation of Drainage Improvement District No. 2013-D-4; Westgate Subdivision. Sample Motion Move to approve the continuation of Drainage Improvement District No. 2013-D-4. Grand Island Council Session - 12/17/2013 Page 203 / 334 Grand Island Council Session - 12/17/2013 Page 204 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-401 WHEREAS, Drainage Improvement District No. 2013-D-4; Westgate Subdivision, was created by Ordinance No.9457 on October 22, 2013; and WHEREAS, notice of the creation of such drainage improvement district was published in the Grand Island Independent, in accordance with the provisions of Section 16- 667.01, R.R.S. 1943; and WHEREAS, Section 16-667.01 R.R.S. 1943, provides that if the owners of record title representing more than 50% of the front footage of the property abutting upon the streets, avenues, or alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days from the first publication of said notice written objections to such district, said work shall not be done and the ordinance shall be repealed, and WHEREAS, the protest period ended on December 2, 2013, with one protest being filed against this District; and WHEREAS, the protest filed represents 1.03 acres of the total 15.68 acres within the district, resulting in a 6.5% area against the continuation of such district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City Clerk against the creation of Drainage Improvement District No. 2013-D-4, therefore such district shall be continued and constructed according to law. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 205 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-27 #2013-402 - Approving Authorization for Emergency Sanitary Sewer Repairs on Sycamore Street and Adjoining Alley (Between 21st Street and 22nd Street) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 12/17/2013 Page 206 / 334 Council Agenda Memo From:Marvin Strong PE, Wastewater Plant Engineer Meeting:December 17, 2013 Subject:Approving Authorization for Emergency Sanitary Sewer Repairs on Sycamore Street and Adjoining Alley (Between 21st Street and 22nd Street) Item #’s:G-27 Presenter(s):John Collins PE, Public Works Director Background Emergency sanitary sewer repairs were needed for a collapsed sanitary sewer line in Sycamore Street and the adjoining alley, between 21st Street and 22nd Street. Since the beginning of calendar year 2013 there have been five (5) sanitary sewer collapses in the collection system. West end of Seedling Mile Access Road (part of the North Interceptor) - $63,192.94 East end of 7th Street/4th Street/Sky Park Road (part of the North Interceptor) - $59,462.96 Sycamore Street (in the street between 21st Street & 22nd Street) - $71,570.56 Sycamore Street (in alley between 21st Street & 22nd Street) - $16,194.17 *Sycamore Street (in alley between 21st Street & 22nd Street) – $2,500.00 - Approximate cost of this repair, which requires slip lining due to a crack in the line. Johnson TV has been contacted for such work, as City staff doesn’t have the ability to cut out the necessary tap in the line Actual costs of $210,420.63 to date, with an approximate cost of $2,500.00 for the final Sycamore Street alley repair, equates to a total cost of $212,920.63. Discussion Van Kirk Bros. Contracting of Sutton, Nebraska was hired by providing a quote of $46,760.00 to effect the necessary emergency repairs. Contact was made with two other contractors, The Diamond Engineering Company of Grand Island, Nebraska who submitted a quote of $62,885.00 and O’Hara Plumbing Company of Grand Island, Nebraska who was not available to do the work. Grand Island Council Session - 12/17/2013 Page 207 / 334 Van Kirk Bros. Contracting will be paid based on actual time and materials incorporated into the repair work, invoice summary is included for reference. Since the total is over $20,000.00 council approval is necessary. We are requesting permission to use the emergency procurement procedures as outlined in Section 27-13 of the City Code. Summary of total costs included in this repair are shown in the following table. Vendor Item Price Van Kirk Bros. Contracting Sycamore Street Repairs $22,500.00 New Manhole in Sycamore Street $22,555.00 Concrete $21,780.93 High Early Cement $2,238.46 Alley Repair Between 21st St & 22nd St $15,890.00 Deduct 6” Concrete Driveway $(2,192.00) Van Kirk Bros. Contracting Total $82,772.39 Kelly Supply Company Aluminum Couplings $300.82 Discharge Hose $3,735.60 Clamps $380.16 Thread Sealant $29.25 Adapter $146.15 Plastic Pipe $179.04 Kelly Supply Company Total 4,771.02 Menards Fencing $47.76 Lumber & Screws $37.12 The Island Supply Company Total $84.88 Ace Hardware Chain Links $136.44 Kelly Supply Company Total $136.44 Grand Total $87,764.73 The quotes obtained from the contractors did not include the new manhole and additional concrete work in Sycamore Street. It wasn’t known that the manhole needed to be replaced until the repairs began and Van Kirk Bros. Contracting dug down to the bottom of the manhole. 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 - 12/17/2013 Page 208 / 334 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 usage of the City’s Emergency Procurement Procedures and pass a resolution authorizing payment of the vendors listed with the corresponding amounts for the necessary sanitary sewer main repairs. Sample Motion Move to approve the usage of the City’s Emergency Procurement Procedures and authorize payment of the vendors listed with the corresponding amounts for the necessary sanitary sewer main repairs. Grand Island Council Session - 12/17/2013 Page 209 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-402 WHEREAS, the Wastewater Division of the Public Works Department needed to perform an emergency sanitary sewer repair on Sycamore Street and adjoining alley (between 21st Street and 22nd Street); and WHEREAS, permission is requested to use the emergency procurement procedures as outlined in Section 27-13 of the City Code; and WHEREAS, Van Kirk Bros. Contracting of Sutton, Nebraska has been hired to do said repairs, with a quote of $46,760.00; and WHEREAS, two other contractors were contacted for quotes, The Diamond Engineering Company of Grand Island, Nebraska who submitted a quote of $62,885.00 and O’Hara Plumbing Company of Grand Island, Nebraska who was not available to do the work; and WHEREAS, such repairs consisted of the following expenses: Vendor Item Price Van Kirk Bros. Contracting Sycamore Street Repairs $22,500.00 New Manhole in Sycamore Street $22,555.00 Concrete $21,780.93 High Early Cement $2,238.46 Alley Repair Between 21st St & 22nd St $15,890.00 Deduct 6” Concrete Driveway $(2,192.00) Van Kirk Bros. Contracting Total $82,772.39 Kelly Supply Company Aluminum Couplings $300.82 Discharge Hose $3,735.60 Clamps $380.16 Thread Sealant $29.25 Adapter $146.15 Plastic Pipe $179.04 Kelly Supply Company Total 4,771.02 Menards Fencing $47.76 Lumber & Screws $37.12 The Island Supply Company Total $84.88 Ace Hardware Chain Links $136.44 Kelly Supply Company Total $136.44 Grand Total $87,764.73 Grand Island Council Session - 12/17/2013 Page 210 / 334 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the sanitary sewer repair on Sycamore Street and adjoining alley (between 21 Street and 22nd Street), in the total amount of $87,764.73 is hereby approved; with payments detailed herein to the vendors listed with the corresponding amounts. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 211 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-28 #2013-403 - Approving Addendum #3 Scope of Services for Website Development with Vision Internet Staff Contact: Wendy Meyer-Jerke Grand Island Council Session - 12/17/2013 Page 212 / 334 Council Agenda Memo From:Wendy Meyer-Jerke, Public Information Officer Meeting:December 17, 2013 Subject:City Website Addendum #3 for Scope of Services with Vision Internet Item #’s:G-28 Presenter(s):Wendy Meyer-Jerke, Public Information Officer Background The current City of Grand Island website, www.grand-island.com, was rebuilt in 2009 by Vision Internet, of Santa Monica, California, and is currently hosted by Vision Internet. Vision Internet was founded in 1995 and specializes in city and county government website builds and redevelopments. The website is currently maintained and updated by over 50 City of Grand Island employees. Although the City’s current website allows for many interactive features including e- notifications, online forms, registrations, bill pay, and live video streaming, it does have technology limitations and is in need of a Content Management System (CMS) upgrade. The CMS is the system that employees use to make updates to pages and navigate the site. Discussion The proposed Addendum #3 Scope of Services for www.grand-island.com is to the Website Development and Maintenance Services agreement dated Feb. 10, 2009. This addendum is for an upgrade to the website’s CMS #4 to CMS #6, or the advanced visionCMS. The Addendum has been reviewed and approved by the City’s Legal Department. The latest visionCMS platform includes many enhancements and interactive features including but not limited to: page template builder, drag and drop concept for creating pages, backend dashboard, broken link reporter, scheduled content review, enhanced user interface, facilities reservations and directory, audio and video embedding, OneClick Social Networking tool, Google Translation Integration, dynamic font resizing and reader download links, and iOS friendly editing. Grand Island Council Session - 12/17/2013 Page 213 / 334 The Addendum #3 is for $18,500 to cover the scope of services to perform the visionCMS upgrade. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the renewal of the website hosting agreement with Vision Internet. 2.Deny the renewal of the website hosting agreement with Vision Internet. 3.Take no action on the contract renewal. Recommendation City Administration recommends city council approve Addendum #3 Scope of Services with Vision Internet for an upgrade to the City’s website to the latest visionCMS upgrade. Sample Motion Move to approve the Addendum #3 Scope of Services for the City’s website between the City of Grand Island and Vision Internet. Grand Island Council Session - 12/17/2013 Page 214 / 334 Grand Island Council Session - 12/17/2013 Page 215 / 334 Grand Island Council Session - 12/17/2013 Page 216 / 334 Grand Island Council Session - 12/17/2013 Page 217 / 334 Grand Island Council Session - 12/17/2013 Page 218 / 334 Grand Island Council Session - 12/17/2013 Page 219 / 334 Grand Island Council Session - 12/17/2013 Page 220 / 334 Grand Island Council Session - 12/17/2013 Page 221 / 334 Grand Island Council Session - 12/17/2013 Page 222 / 334 Grand Island Council Session - 12/17/2013 Page 223 / 334 Grand Island Council Session - 12/17/2013 Page 224 / 334 Grand Island Council Session - 12/17/2013 Page 225 / 334 Grand Island Council Session - 12/17/2013 Page 226 / 334 Grand Island Council Session - 12/17/2013 Page 227 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-403 WHEREAS, the City of Grand Island continually works on maintaining and updating the City of Grand Island’s website, www.grand-island.com, with accurate and current information to be utilized by citizens; and WHEREAS, the City of Grand Island entered into an agreement with Vision Internet of Santa Monica, California, to rebuild the City’s website and for hosting services on February 10, 2009; and WEHREAS, Addendum #3 Scope of Services between the City of Grand Island and Vision Internet for an upgrade to the current content management system of the City of Grand Island website; and WHEREAS, some upgrade features include page template builder, drop and drag feature, Google translation integration, scheduled content review, OneClick Social Networking tool, and iOS friendly edition; and WEHREAS, the negotiated addendum will cost a one-time fee of $18,500; and WHEREAS, the City Attorney’s office has reviewed and approved the proposed Scope of Services Addendum #3. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with Vision Internet to provide an update to visionCMS services for the City of Grand Island’s website, www.grand- island.com, is hereby approved, and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 228 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-29 #2013-404 - Approving Subscription Services Agreement with Vision Internet Staff Contact: Wendy Meyer-Jerke Grand Island Council Session - 12/17/2013 Page 229 / 334 Council Agenda Memo From:Wendy Meyer-Jerke, Public Information Officer Meeting:December 17, 2013 Subject:visionLive Subscription Services Web Hosting Agreement with Vision Internet Item #’s:G-29 Presenter(s):Wendy Meyer-Jerke, Public Information Officer Background The current City of Grand Island website, www.grand-island.com, was rebuilt in 2009 by Vision Internet, of Santa Monica, California, and is currently hosted by Vision Internet. Vision Internet was founded in 1995 and specializes in city and county government website builds and redevelopments. The website is currently maintained and updated by over 50 City of Grand Island employees. Some of the interactive features of the City’s website includes: e-notifications of news and calendar items, central document tool, online forms, live video streaming, social media tools, sign-up for activities, and online bill pay. Discussion The proposed visionLive Subscription Services Web Hosting Agreement has been reviewed and approved by the City’s Legal Department. This maintenance agreement will provide web hosting services and support services for the City of Grand Island website, www.grand-island.com. In addition, this agreement will cover upgrade services to the website which was not part of the previous agreement terms, as well as after two years of uninterrupted subscription services a basic graphic redesign of the City’s main website. Some of the future upgrade services include enhancements to content management system and interactive components, new interactive components released, and updates to provide compatibility to future versions of supported web browsers. The cost of the service will be $6,600 annually with a 5% increase each additional year of the contract. Grand Island Council Session - 12/17/2013 Page 230 / 334 Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve the renewal of the website hosting agreement with Vision Internet. 2.Deny the renewal of the website hosting agreement with Vision Internet. 3.Take no action on the contract renewal. Recommendation City Administration recommends city council approve the visionLive Subscription Services Web Hosting Agreement with Vision Internet which provides hosting/support/redesign services. Sample Motion Move to approve the visionLive Subscription Services Web Hosting Agreement with Vision Internet for four years between the City of Grand Island and Vision Internet. Grand Island Council Session - 12/17/2013 Page 231 / 334 Grand Island Council Session - 12/17/2013 Page 232 / 334 Grand Island Council Session - 12/17/2013 Page 233 / 334 Grand Island Council Session - 12/17/2013 Page 234 / 334 Grand Island Council Session - 12/17/2013 Page 235 / 334 Grand Island Council Session - 12/17/2013 Page 236 / 334 Grand Island Council Session - 12/17/2013 Page 237 / 334 Grand Island Council Session - 12/17/2013 Page 238 / 334 Grand Island Council Session - 12/17/2013 Page 239 / 334 Grand Island Council Session - 12/17/2013 Page 240 / 334 Grand Island Council Session - 12/17/2013 Page 241 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-404 WHEREAS, the City of Grand Island continually works on maintaining and updating the City of Grand Island’s website, www.grand-island.com, with accurate and current information to be utilized by citizens; and WHEREAS, the City of Grand Island entered into an agreement with Vision Internet of Santa Monica, California, to rebuild the City’s website and for hosting services on February 10, 2009; and WHEREAS, a new agreement has been negotiated with Vision Internet to continue to provide visionLive subscription services including web hosting/support/redesign services for the City of Grand Island website; and WHEREAS, the negotiated agreement will include a $6,600 annual hosting fee, with an annual five percent increase each year thereafter; and WHEREAS, the City Attorney’s office has reviewed and approved the proposed agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the agreement with Vision Internet to provide visionLive web hosting/support/redesign services for the City of Grand Island’s website, www.grand-island.com, is hereby approved, and the Mayor is hereby authorized and directed to execute such agreement on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 242 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item G-30 #2013-405 - Approving Acquisition of Right-of-Way Located at 922 N. Lambert Street (Grand Island Area Habitat for Humanity) This item relates to the aforementioned Public Hearing item E-10. Staff Contact: Chad Nabity Grand Island Council Session - 12/17/2013 Page 243 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-405 WHEREAS, an exchange of property is required between the City of Grand Island and Grand Island Area Habitat for Humanity, Inc. to acquire street right of way, facilitate redevelopment of the property and to increase the property tax base within the City of Grand Island; and WHEREAS, the exchange of Tract 2 for Tracts 1 and 3 in the John W. Lambert’s Addition to the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Tract 1 to be given to Grand Island Area Habitat for Humanity, Inc.: A tract of land comprising a portion of the street right of way lying adjacent to Lot One (1) and Fractional Lot Two (2), in Fractional Block Thirty Six (36), John W. Lambert’s Addition to the City of Grand Island, Hall County, Nebraska and more particularly described as follows: Beginning at the southeast corner of said Lot One (1); thence running northwesterly on the easterly line of said Lot One (1) and the westerly right of way line of Lambert Street, a distance of One Hundred Thirty One and Ninety Five Hundredths (131.95) feet, to the northeast corner of said Lot One (1); thence running southwesterly on the northerly line of said Lot One (1) and Fractional Lot Two (2), a distance of Seventy Four and Eighty Four Hundredths (74.84) feet, to a point Eleven and Sixteen Hundredths (11.16) feet northeasterly of the northwest corner of said Fractional Lot Two (2); thence running northerly parallel with and Ten (10.00) feet east of the west line of said Fractional Lot Two (2), if extended, a distance of One Hundred Eleven and Nine Hundredths (111.09) feet, to a point on the southerly right of way line of 12th Street if extended; thence running easterly on the extension of the southerly right of way line of 12th Street, a distance of Forty and Twenty Hundredths (40.20) feet, to a point on a line Ten (10.00) feet easterly from and parallel with the easterly line of said Lot One (1) and the westerly right of way line of Lambert Street, if extended; thence running southeasterly on a line Ten (10.00) feet easterly from and parallel with the easterly line of said Lot One (1) and the westerly right of way line of Lambert Street, if extended, a distance of Two Hundred Twelve and Fifteen Hundredths (212.15) feet, to a point on the southerly line of said Lot One (1), if extended; thence running southwesterly on the extension of the southerly line of said Lot One (1), a distance of Ten (10.00) feet, to the point of beginning and containing 6,952.2 square feet (0.160 acres) more or less. Tract 3 to be given to Grand Island Area Habitat for Humanity, Inc.: A tract of land comprising a part of Fractional Lot Three (3), in Fractional Block Thirty Six (36), John W. Lambert’s Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Grand Island Council Session - 12/17/2013 Page 244 / 334 - 2 - Beginning at the southeast corner of said Fractional Lot Three (3); thence running southwesterly on the southerly line of said Fractional Lot Three (3), a distance of Eight and Eighty Four Hundredths (8.84) feet; thence running northerly parallel with and Ten (10.00) feet east of the west line of said Fractional Lot Three (3), a distance of Nineteen and Seventy Eight Hundredths (19.78) feet, to a point on the easterly line of said Fractional Lot Three (3); thence running southeasterly on the easterly line of said Fractional Lot Three (3), a distance of Seventeen and Seventy Two Hundredths (17.72) feet, to the point of beginning and containing 78.3 square feet (0.002) acres more or less. Tract 2 to be received from Grand Island Area Habitat for Humanity, Inc.: A tract of land comprising a part of Fractional Lot Two (2) in Fractional Block Thirty (36), John W. Lambert’s Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Beginning at the southwest corner of said Fractional Lot Two (2); thence running northwesterly on the southwesterly line of said Fractional Lot Two (2), a distance of Seventeen and Seventy Two Hundredths (17.72) feet, to the ACTUAL Point of Beginning; thence continuing northwesterly on the southwesterly line of said Fractional Lot Two (2), a distance of Twenty Two and Thirty Eight Hundredths (22.38) feet, to the westerly corner said Fractional Lot Two (2); thence running northerly on the west line of said Fractional Lot Two (2), a distance of One Hundred Two and Fifty Four Hundredths (102.54) feet, to the northwest corner of said Fractional Lot Two (2); thence running northeasterly on the northerly line of said Fractional Lot Two (2), a distance of Eleven and Sixteen Hundredths (11.16) feet, to a point Ten (10.00) feet east of the west line of said Fractional Lot Two (2), if extended; thence running southerly parallel with and Ten (10.00) feet east of the west line of said Fractional Lot Two (2), a distance of One Hundred Twenty Seven and Fifty Two hundredths (127.52) feet, to the ACTUAL Point of Beginning and containing 1,150.3 square feet (0.026 acres) more or less; and WHEREAS, an Agreement for the exchange of property has been reviewed and approved by the City Legal Department. 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 enter into the Agreement for the exchange of properties of the above described tracts of land. BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to execute such agreements on behalf of the City of Grand Island. - - - Grand Island Council Session - 12/17/2013 Page 245 / 334 - 3 - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 246 / 334 Grand Island Council Session - 12/17/2013 Page 247 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item H-1 Consideration of Request from Hazel L. Struble for a Conditional Use Permit for Off Street Parking for Grand Island Public Schools located at 421 West 9th Street This item relates to the aforementioned Public Hearing item E-3. Staff Contact: Craig Lewis Grand Island Council Session - 12/17/2013 Page 248 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item H-2 Consideration of Request from Dawn Dreikosen for a Conditional Use Permit for Off Street Parking for Grand Island Public Schools located at 1323 West 7th Street This item relates to the aforementioned Public Hearing item E-4. Staff Contact: Craig Lewis Grand Island Council Session - 12/17/2013 Page 249 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item I-1 #2013-406 - Consideration of Request from Carnivores Meat Supply LLC dba Carnivores Meat Supply, 3721 W. Old Potash Highway for a Class “C” Liquor License and Liquor Manager Designation for Eric Muth, 3527 South Blaine Street This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 12/17/2013 Page 250 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-406 WHEREAS, an application was filed by Carnivores Meat Supply LLC doing business as Carnivores Meat Supply, 3721 W. Old Potash Highway 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 December 7, 2013; such publication cost being $14.77; and WHEREAS, a public hearing was held on December 17, 2013 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 Eric Muth, 3527 South Blaine Street, Grand Island, NE as liquor manager of such business contingent upon completing a state approved alcohol server/seller program. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 251 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item I-2 #2013-407 - Consideration of Request from The Chocolate Bar, Inc. dba The Chocolate Bar, 116 West 3rd Street for a Catering Designation to Class “I-86925” Liquor License This item relates to the aforementioned Public Hearing item E-2. Staff Contact: RaNae Edwards Grand Island Council Session - 12/17/2013 Page 252 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-407 WHEREAS, an application was filed by The Chocolate Bar, Inc. doing business as The Chocolate Bar, 116 West 3rd Street for a Catering Designation to their Class "I-86925" Liquor License; and WHEREAS, a public hearing notice was published in the Grand Island Independent as required by state law on December 7, 2013; such publication cost being $17.26; and WHEREAS, a public hearing was held on December 17, 2013 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 catering application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license catering application. ____The City of Grand Island hereby makes no recommendation as to the above-identified liquor license catering application with the following stipulations:________________________________________________ __________________________________________________________ ____The City of Grand Island hereby recommends denial of the above- identified liquor license catering application for the following reasons:__ __________________________________________________________ - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 253 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item I-3 #2013-408 - Consideration of Approving Contract to Provide the City of Grand Island Water System Master Plan Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 254 / 334 Council Agenda Memo From:Timothy G. Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:December 17, 2013 Subject:Water System Master Plan Item #’s:I-3 Presenter(s):Timothy G. Luchsinger, Utilities Director Background The City’s water system consists of twenty-one (21) low pressure wells, located on a 1,200 acre island in the Platte River, which supplies water to an onsite collection and pumping station. This pumping station transfers water through two (2) 30-inch transmission mains to three (3) reservoir/pumping stations in the City. These high pressure pumping stations provide water as required for residential and industrial use and fire protection through a distribution grid, comprised of approximately 235 miles of cast and ductile iron mains. Five (5) high pressure wells connected directly to the distribution system provide additional capacity. System operation is monitored at the Burdick Station control room by use of a computer based SCADA system. The peak municipal system demand is approximately 26 million gallons per day (MGD). In 2012, a Uranium Removal Treatment Plant was added at the Wellfield to remove uranium from three (3) of the twenty-one (21) wells. The last Water Master Plan was conducted in 2001, and recommendations have been completed to the system. Another study of the system is due to make improvements to meet City future demands and look at a replacement plan for aging infrastructure. Discussion A Request for Proposal for Engineering Services to evaluate and plan for the water system future demands for the next twenty years and develop a strategy for replacement of aging infrastructure was received from the following consultants. HDR, Omaha, NE Grand Island Council Session - 12/17/2013 Page 255 / 334 Burns & McDonnell, Kansas City, KS Using a matrix of the Utility Department’s established evaluation criteria, which included fees, company and personnel experience, contract forms, and proposal responsiveness, these proposals were reviewed by Department management staff. A tabulation of the evaluation factors indicated a consensus for HDR. 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 Proposal for Water System Master Plan to HDR of Omaha, Nebraska, as the best evaluated proposal, with the bid price of not to exceed $66,415.00. Sample Motion Move to approve the proposal from HDR of Omaha, Nebraska, for the Water System Master Plan for a price not to exceed $66,415.00. Grand Island Council Session - 12/17/2013 Page 256 / 334 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR GRAND ISLAND WATER SYSTEM MASTER PLAN RFP DUE DATE:November 7, 2013 at 3:30 p.m. DEPARTMENT:Utilities PUBLICATION DATE:October 17, 2013 NO. POTENTIAL BIDDERS:6 SUMMARY OF PROPOSALS RECEIVED Burns & McDonnell HDR Omaha, NE Omaha, NE cc:Tim Luchsinger, Utilities Director Bob Smith, Assist. Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Karen Nagel, Utilities Secretary Lynn Mayhew, Utilities Dept. P1684 Grand Island Council Session - 12/17/2013 Page 257 / 334 ENGINEERING SERVICES - CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between HDR ENGINEERING, INC., hereinafter called the Engineer, and the CITY OF GRAND ISLAND, NEBRASKA, hereinafter called the City. WITNESSETH: THAT, WHEREAS, in accordance with law, the City has an advertisement calling for proposals to be published for GRAND ISLAND WATER SYSTEM MASTER PLAN; and WHEREAS, the City, in the manner prescribed by law, has evaluated the proposals submitted, and has determined the aforesaid Engineer to be the responsible bidder, and has duly awarded to the said Engineer a contract therefore, for the sum or sums named in the Engineer’s proposal, portions thereof being attached to and made a part of this contract. NOW, THEREFORE, in consideration of the compensation to be paid to the Engineer and of the mutual agreements herein contained, the parties have agreed and hereby agree, the City for itself and its successors, and the Engineer for itself, himself, or themselves, and its, his, 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.Additional Terms and Conditions for Professional Services. 3.Minimum Insurance Requirements. 4. HDR Engineering, Inc.’s Proposal dated November 7, 2013. 5.HDR Engineering, Inc.’s Exhibit A 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 Engineer shall provide the services set forth in this agreement and the attachments thereto in accordance with the normal degree of care and skill of other reputable professionals providing similar services on similar projects of like size and nature for this area; ARTICLE III. That the City shall pay to the Engineer for the performance of the work embraced in this contract and the Engineer will accept as full compensation therefore the sum (subject to adjustment as provided by the contract) of Sixty-Six Thousand Four Hundred Fifteen and Grand Island Council Session - 12/17/2013 Page 258 / 334 no/100 Dollars ($66,415.00) for all services 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: Base Bid: Labor Cost $ 62,453.00 Expenses $ 3,962.00 Total $ 66,415.00 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 Engineer hereby agrees to act as agent for the City. The invoice for Engineer’s services will be paid after approval at the next regularly scheduled 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. ARTICLE V. The Engineer 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 Engineer 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 Engineer and all sub-Engineers 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 Engineer agrees to comply with all applicable Local, State and Federal rules and regulations. The Engineer agrees to maintain a drug-free workplace policy and will provide a copy of the policy to the City upon request. Every public Engineer and his, her or its sub- Engineers who are awarded a contract by the City for the physical performance of services within the State of Nebraska shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. ARTICLE VI. 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 - 12/17/2013 Page 259 / 334 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. HDR ENGINEERING, 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 - 12/17/2013 Page 260 / 334 Additional Terms and Conditions for Professional Services Grand Island Council Session - 12/17/2013 Page 261 / 334 Additional Terms and Conditions for Professional Services 1.CONTROLLING LAW This Agreement is to be governed by the laws of Nebraska. 2.SUCCESSORS AND ASSIGNS CITY and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither CITY nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims pricing therefrom without the written consent of the other. 3.RE-USE OF DOCUMENTS Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY’s sole risk and without liability or legal exposure to ENGINEER, and CITY will defend, indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses, including attorney’s fees, arising or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. 4.TERMINATION OF AGREEMENT CITY or ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice. Where the method payment is “lump sum”, or cost reimbursement, the final invoice will include all services and expenses associates with the project up to the effective date or termination. An equitable adjustment shall also be made to provide for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. Grand Island Council Session - 12/17/2013 Page 262 / 334 Minimum Insurance Requirements Grand Island Council Session - 12/17/2013 Page 263 / 334 [Insert Minimum Insurance Requirements] Grand Island Council Session - 12/17/2013 Page 264 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-408 WHEREAS, the City of Grand Island invited Requests for Proposals for Water System Master Plan, according to plans and specifications on file with the Utilities Department; and WHEREAS, on November 7, 2013, proposals were received, opened and reviewed, and evaluated; and WHEREAS, HDR, of Omaha, Nebraska, submitted a proposal in accordance with the terms of the Request for Proposals, and plans and specifications and all other statutory requirements contained therein, such proposal being in an amount not to exceed a total price of $66,415.00; and WHEREAS, the proposal from HDR of Omaha, Nebraska, meets all of the requirements for the Utilities Department Water System Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal from HDR of Omaha, Nebraska, in an amount not to exceed $66,415.00, for the Utilities Department Water System Master Plan, is hereby approved, and that the Mayor is authorized to sign the Contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________ Jay Vavricek, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 265 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item I-4 #2013-409 - Consideration of Approving Contract to Provide the City of Grand Island Electric System Master Plan Staff Contact: Tim Luchsinger, Utilities Director Grand Island Council Session - 12/17/2013 Page 266 / 334 Council Agenda Memo From:Tim Luchsinger, Utilities Director Stacy Nonhof, Assistant City Attorney Meeting:December 17, 2013 Subject:Electric System Master Plan Item #’s:I-4 Presenter(s):Tim Luchsinger, Utilities Director Background The City of Grand Island electric system requires continual planning and upgrades to adequately and reliably serve its customers and meet increasing load. Most of this planning is performed in-house. It is considered good practice to occasionally get an outside perspective on current system conditions and upgrade plans. The transmission and distribution systems were evaluated approximately seven years ago, however, the last full master plan was completed in 1998. Due to the elapsed time and some relatively recent changes in management, it was decided to obtain a new comprehensive evaluation of the electric system. Discussion The Request for Proposals was advertised in accordance with City procurement procedures and eight proposals were received on November 7, 2013, from the following consultants. Advantage Engineering, Chesterfield, MO Lutz, Daily & Brain, Overland Park, KS Leidos Engineering, Denver, CO Siemens Industry, Schenectady, NY NEI Electric Power Engineering, Wheat Ridge, CO Burns & McDonnell, Kansas City, MO JEO Consulting Group, Wahoo, NE Black & Veatch, Overland Park, KS The proposals were evaluated by the Department management staff based on the specified criteria, and the proposals were ranked based on the total score. Based on that Grand Island Council Session - 12/17/2013 Page 267 / 334 evaluation, it is recommended that the proposal from Black & Veatch be accepted for the Electric System Master Plan. The proposal from Black & Veatch includes a detailed estimated activity pricing breakdown which will be billed at actual cost, for a not-to- exceed total price of $252,812.00. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1. Move to approve 2. Refer the issue to a Committee 3. Postpone the issue to a future date 4. Take no action on the issue Recommendation City Administration recommends that the Council approve the Electric System Master Plan proposal from Black & Veatch of Overland Park, Kansas, to be billed at actual cost, for a not-to-exceed total price of $252,812.00. Sample Motion Move to approve the Electric System Master Plan proposal from Black & Veatch of Overland Park, Kansas, to be billed at actual cost, for a not-to-exceed total price of $252,812.00. Grand Island Council Session - 12/17/2013 Page 268 / 334 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR PROPOSAL FOR ELECTRIC SYSTEM ENGINEERING SERVICES RFP DUE DATE:November 7, 2013 at 4:00 p.m. DEPARTMENT:Utilities PUBLICATION DATE:October 14, 2013 NO. POTENTIAL BIDDERS:7 SUMMARY OF PROPOSALS RECEIVED Advantage Engineering, Inc.NEI Electric Power Engineering Chesterfield, MO Wheat Ridge, CO Lutz, Daily & Brain, LLC Burns & McDonnell Overland Park, KS Kansas City, MO Leidos Engineering, LLC JEO Consulting Group, Inc. Denver, CO Wahoo, NE Siemens Industry, Inc.Black & Veatch Schenectady, NY Overland Park, KS cc:Tim Luchsinger, Utilities Director Bob Smith, Deputy Utilities Director Mary Lou Brown, City Administrator Jaye Monter, Finance Director Stacy Nonhof, Purchasing Agent Pat Gericke, Utilities Admin. Assist. Travis Burdett, Deputy Utilities Director P1682 Grand Island Council Session - 12/17/2013 Page 269 / 334 1 CONTRACT AGREEMENT THIS AGREEMENT made and entered into by and between BLACK & VEATCH CORPORATION, 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 proposals to be published for Electric System Engineering Services; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the proposals submitted, and has determined the aforesaid Contractor to be the lowest responsive and responsible bidder, and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's proposal, 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 or themselves, and its, his, 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. Black & Veatch proposal signed and dated November 7, 2013. 4. Black & Veatch contract terms and conditions. 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 Two Hundred Fifty-Two Thousand, Grand Island Council Session - 12/17/2013 Page 270 / 334 2 Eight Hundred Twelve ($252,812.00) for all services, materials, and work covered by and included in the contract award and designated in the foregoing Article 11; 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: Base Bid: $ 252,812.00 Sales Tax: $ 0.00 Total: $ 252,812.00 The City of Grand Island, Nebraska operates on a fiscal year beginning October 1st and ending on the following September 30th. lt 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 Electric System Engineering Services. 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. Grand Island, Nebraska, and complete the work on or before September 30, 2014. 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. Grand Island Council Session - 12/17/2013 Page 271 / 334 3 GRATUITIES AND KICKBACKS City Code states that it is unethical for any 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. lt 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. Contractor ___Black & Veatch Corporation______________ By _____________________________________ Date _______________________ Title __________________________________ CITY OF GRAND ISLAND, NEBRASKA, By ____________________________________ Date _______________________ Mayor Attest: ________________________________ City Clerk The contract, insurance, and any required bonds are in due form according to law and are hereby approved. ________________________________________ Date ________________________ Attorney for the City Grand Island Council Session - 12/17/2013 Page 272 / 334 December 15, 2008 1 CONSULTING SERVICES AGREEMENT THIS AGREEMENT, for the performance of consulting services, is executed and made effective as of December 17, 2013, between CITY OF GRAND ISLAND NEBRASKA, (“Client”) and BLACK & VEATCH CORPORATION (“Consultant”). IN CONSIDERATION of the covenants hereinafter set forth, Client and Consultant agree as follows: ARTICLE 1 - SCOPE OF WORK Consultant shall perform the professional services (“Services”) as set forth in the attached Exhibit A hereto. Additional or revised contractual terms or conditions may be added only by formal written amendment to this Agreement and not through any scope of work Exhibit. Any such additional or conflicting terms and conditions contained in any scope of work Exhibit shall be of no force or effect. If additional services beyond the Services are requested of Consultant, Consultant shall review its personnel resources to verify that qualified individuals are available to satisfy Client’s request. If mutual agreement is reached, such agreement shall be confirmed in writing and shall be included as a subsequently numbered Exhibit A. Client understands that Consultant will not provide legal or tax advice or opinions, and Client will seek such advice and opinions from its attorneys and tax advisors. ARTICLE 2 - COMPENSATION AND TERMS OF PAYMENT Client shall pay and Consultant shall accept in full consideration for the Services, the Compensation described in Exhibit A. If Client disputes any invoice item or any invoice submitted by Consultant, Client shall give Consultant written notice of such disputed item within ten days after receipt of such invoice and shall pay to Consultant the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of one and one-half percent per month, or the maximum amount allowed by law if less, from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client’s favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. Notwithstanding any other provision of this agreement, Consultant is under no obligation to submit any deliverable if any invoice is more than 45 days outstanding. ARTICLE 3 - WARRANTY 3.1 Consultant’s Services Consultant warrants that it will perform the Services in accordance with the standards of care and diligence normally practiced by recognized consulting firms in performing services of a similar nature in existence at the time of performance of the Services. 3.2 Reliance on Data Consultant shall have no liability for defects in the Services attributable to Consultant’s reliance upon or use of data, design criteria, drawings, specifications, or other information furnished by Client, third parties retained by Client, or in the public domain. Consultant, unless otherwise provided in Exhibit A, shall not be responsible for the verification of any documents or other information relied upon by Consultant in performing the services. 3.3 Assumptions and Forecast In performing the services, Consultant may be required to make certain assumptions or forecasts of conditions, events, or circumstances that may occur in the future. Consultant will take reasonable efforts to assure that assumptions and forecasts made are reasonable and the basis upon which they are made follow generally accepted practices for such assumptions or projections under similar circumstances. Client expressly Grand Island Council Session - 12/17/2013 Page 273 / 334 December 15, 2008 2 acknowledges that actual results may differ significantly from those projected as influenced by conditions, events, and circumstances that actually occur. 3.4 Correction of Defective Services Provided that Client has notified Consultant of Consultant’s failure to meet the warranties in this Article 3 within six months of Consultant’s completion of the applicable services under the applicable Exhibit A, Consultant shall, at its expense, promptly correct and modify such defective services. 3.5 Limitations The obligations and representations contained in this Article 3 are Consultant’s sole warranty and guarantee obligations and Client’s exclusive remedy in respect of quality of the Services. EXCEPT AS PROVIDED IN THIS ARTICLE, CONSULTANT MAKES NO OTHER WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT’S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Article governs, modifies, and supersedes any other terms in this Agreement which may be construed to address warranties or guarantees or the quality of the Services. ARTICLE 4 - INDEMNIFICATION Consultant shall indemnify and defend Client from any and all claims, liabilities, damages, and costs (including reasonable attorney’s fees directly related thereto) for bodily injury to or death of any person and for damage to or destruction of third- party property if and to the extent caused by the negligence or willful misconduct of Consultant. ARTICLE 5 - INSURANCE 5.1 Policies During the performance of the Services, Consultant shall maintain insurance policies as follows: 5.1.1 Workers’ Compensation and/or all other social insurance in accordance with the statutory requirements of the state, province, or country having jurisdiction over Consultant’s employees who are engaged in the Services, with Employer’s Liability with a limit of One Hundred Thousand Dollars ($100,000) each accident and in the aggregate; 5.1.2 Commercial General Bodily Injury and Property Damage Liability insurance with limits of $1,000,000 per occurrence and in the aggregate, and Automobile Liability insurance including owned, non-owned, or hired vehicles, with a combined single limit of $1,000,000 for bodily injury and property damage liability. Such policies shall include Contractual Liability coverage. Consultant agrees to name Client as Additional Insured on such policies, but only to the extent of Consultant’s negligence under this Agreement and only to the extent of the insurance limits specified herein. 5.1.3 Professional Liability insurance with limits of $1,000,000 per occurrence and in the aggregate covering Consultant against all sums which Consultant may become legally obligated to pay on account of any professional liability arising out of the performance of this Agreement. 5.2 Certificates Consultant agrees to provide Client with certificates of insurance evidencing the above described coverage prior to the start of Services, and annually thereafter, if so requested by Client. Such certificates shall provide that the applicable insurance policies have been endorsed to provide a minimum of thirty days advance notice to Client in the event of cancellation, non-renewal, or reduction in limits by endorsement. Grand Island Council Session - 12/17/2013 Page 274 / 334 December 15, 2008 3 5.3 Waiver The parties waive all claims for property damage, and shall require their insurers to waive subrogation rights against the other party under any applicable policy of property insurance. ARTICLE 6 - SCHEDULE Consultant shall commence performance of the Services under this agreement upon execution of this agreement or as provided in Exhibit A, and will use all reasonable efforts to prosecute the Services continuously and with due diligence according to any schedule contained in Exhibit A. ARTICLE 7 - TERMINATION AND CANCELLATION 7.1 Termination by Client Should Consultant become insolvent or bankrupt, or commit a substantial breach of this Agreement, and thereafter fail to commence in good faith to remedy such breach within ten days after receipt of written demand by Client, Client may terminate this Agreement. Upon any such termination, Consultant shall be compensated for all costs incurred and compensation earned for Services then performed in accordance with this agreement. 7.2 Termination by Consultant Should Client become insolvent or bankrupt, or commit a breach or default of any of the covenants or obligations hereunder, and thereafter (a) fail to remedy the same within ten days after written notice thereof from Consultant if the breach constitutes a failure to pay money or (b) fail to commence to remedy the same within ten days after written notice thereof from Consultant and thereafter fail to proceed diligently in remedying the same if the breach is other than to pay money, then Consultant may terminate this Agreement. Should Consultant so terminate this Agreement, Consultant shall be paid for all costs incurred and compensation earned for Services performed to the date of termination and through demobilization, including any cancellation charges by subcontractors or vendors. 7.3 Cancellation for Convenience Client reserves the right to cancel, for convenience, the Services upon notice in writing to Consultant. Should the Services be so canceled by Client, Consultant shall be paid for all compensation earned for Services performed to the date of cancellation and through demobilization, including any cancellation charges by vendors and subcontractors. ARTICLE 8 - GENERAL PROVISIONS 8.1 Independent Contractor Consultant shall be an independent contractor with respect to the Services to be performed hereunder, except that any contracts and purchase orders for materials, equipment, supplies and related services are issued by Consultant as agent for Client. Except as hereinabove noted, neither Consultant nor its subcontractors or vendors, nor the employees of either, shall be deemed to be the servants, employees, or agents of Client. 8.2 Force Majeure Any delays in or failure of performance by Client or Consultant, other than payment of money, shall not constitute default hereunder if, and to the extent, such delays or failures of performance are caused by occurrences or circumstances beyond the control of Client or Consultant, as the case may be, including, but not limited to: acts of God or the public enemy; expropriation or confiscation of facilities; compliance with any order or request of any governmental authority; act of war, rebellion, or sabotage or damage resulting therefrom; fires, floods, explosions, accidents; riots or strikes or other concerted acts of workmen, whether direct or indirect; or any other causes, whether or not of the same class or kind as those specifically above named, which are not within the control of Client or Consultant respectively, and which by the exercise of reasonable diligence, Client or Consultant are unable to prevent. Grand Island Council Session - 12/17/2013 Page 275 / 334 December 15, 2008 4 Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Consultant shall be entitled to an equitable adjustment in schedule and compensation in the event such circumstances occur. 8.3 Rights to Intellectual Work Product 8.3.1 Except as otherwise provided herein, sealed original drawings, specifications, reports, and other documents which Consultant prepares and delivers to Client pursuant to this Agreement shall become the property of Client when Consultant has been compensated for Services rendered. Nothing contained in this Section shall be construed as limiting or depriving Consultant of its rights to use its basic knowledge and skills to carry out other projects or work for itself or others, whether or not such other projects or work are similar to the work to be performed pursuant to this Agreement. Consultant shall have the right to retain and use copies of drawings, documents, and engineering and other data furnished or to be furnished by Consultant and the information contained therein. At all times, each party shall retain all of its rights in its drawing details, designs, specifications, models, databases, computer software, copyrights, trade and service marks, patents, trade secrets, and any other proprietary property. 8.3.2 Rights to intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of Consultant. Consultant hereby grants to Client an irrevocable (except in the event of a breach of this license), nonexclusive, royalty-free license to utilize Consultant’s proprietary property provided to Client as part of the Services. Client shall not use in a written prospectus or other investment memorandum any Consultant report constituting or including Consultant’s professional opinion, except with Consultant’s prior written consent, which shall not be unreasonably withheld. Client shall not acquire any rights to any of Consultant’s, its subcontractors’ or vendors’ proprietary computer software that may be used in connection with the Services except as expressly provided in the Scope of Services or as may be separately agreed. 8.3.3 All documents, including drawings, specifications, and computer software prepared by Consultant pursuant to this Agreement are instruments of service in respect to the Project. They are not intended or represented to be suitable for reuse on extensions of the Project or any other project. Any such reuse without prior written approval, and verification or adaptation by Consultant for the specific purpose intended will be a breach of the license granted by Consultant, and will be at Client’s sole risk and without liability or legal exposure to Consultant. Client shall defend, indemnify, and hold harmless Consultant and its subcontractors, vendors, employees, agents, officers and/or assigns, their respective employees, agents, officers, partners and directors and anyone else acting for or on behalf of them and any of their respective assigns against all claims, losses, damages, injuries, and expenses, including attorneys’ fees, arising out of or resulting from such reuse. Any reuse approval, and verification or adaptation of documents will entitle Consultant to additional compensation at rates to be agreed upon by Client and Consultant. 8.3.4 Any files delivered in electronic medium may not work on systems and software different than those with which they were originally produced. Consultant makes no warranty as to the compatibility of these files with any other system or software except as may be specified in Exhibit A. Because of the potential degradation of electronic medium over time, in the event of a conflict between hard copy documents and electronic files, the hard copy documents will govern. 8.3.5 In the course of performance, Consultant may use, modify or enhance products, materials, tools, and methodologies that are proprietary to Consultant or third parties (collectively “Proprietary Items”). As between Client and Consultant, Proprietary Items will be deemed Confidential Information of Consultant (as defined below). As used herein, a Deliverable is a document or product of the work developed originally and specifically for the Client hereunder. Client shall Grand Island Council Session - 12/17/2013 Page 276 / 334 December 15, 2008 5 have or obtain no rights in such Proprietary Items (or in any modifications or enhancements to them) other than (i) to use them as authorized by Consultant in writing from time to time solely for purposes as contemplated by the parties under this Agreement, (ii) to the extent the Proprietary Items are incorporated into a Deliverable, to use them as part of the Deliverable for purposes of Client’s internal business only, or (iii) pursuant to Client’s license to the limited extent stated in Section 8.3.2 above for such Proprietary Items or, in the case of Proprietary Items owned by third parties, pursuant to terms acceptable to the applicable third party. During the term hereof, Consultant may offer upgrades, modifications, or enhancements to the Client, if available, subject to the appropriate costs being negotiated between the parties. 8.3.6 If any Deliverable is claimed to infringe upon a valid United States patent, trademark or copyright, Consultant will defend such claim at its expense and will pay any costs or damages that are assessed against Client; unless the claim of infringement is caused by (i) Client’s misuse of the Deliverable, (ii) use of the Deliverable in a manner not permitted or contemplated hereunder, (iii) a modification of the Deliverable; (iv) Client’s failure to use corrections or enhancements made available by Consultant; (v) Client’s use of the Deliverable in combination with a product or information not owned or developed by Consultant; or (vi) designs, specifications or other information provided by, or at the direction of, Client. If any Deliverable is, or in Consultant’s opinion is likely to be, held to be infringing, Consultant shall, at its expense and option, either (a) procure the right for Client to continue using it, (b) replace it with a non- infringing equivalent, (c) modify it to make it non-infringing; or (d) direct the return of the Deliverable and refund to Client the fees paid for such Deliverable less a reasonable amount for Client’s use of the Deliverable up to the time of return. The foregoing remedies constitute Client’s sole and exclusive remedy and Consultant’s entire liability with respect to infringement. 8.4 Confidentiality 8.4.1 Client and Consultant covenant and agree that the party in receipt of confidential information will not, except insofar as may be reasonably necessary for the performance of work done hereunder or as required by law, without the prior permission of the party providing use, disclose, or permit to be disclosed, or, in case of documents, reproduce or permit to be reproduced to any person confidential information acquired from or given by the providing party in the course of carrying out Services under this Agreement. 8.4.2 For the purpose of this Article 8.4, “confidential information” shall include designs, drawings, plans, calculations, formulae, techniques and/or trade secrets or like information which has not been previously disclosed or reproduced without restriction by the providing party or has not become public knowledge; provided, receiving party shall be under no liability to treat the information received as confidential unless providing party advises receiving party at the time of disclosure that said information is confidential. 8.4.3 All confidential information disclosed by the providing party shall remain the property of the providing party and shall be returned on termination of Services to the providing party in written request, and shall be used by the receiving party strictly for the performance of this Agreement and no other purpose. 8.4.4 Receiving party’s confidentiality obligation hereunder shall not extend to information which: (i) at the time of disclosure, is or becomes a part of the public domain by publication or otherwise through no fault of receiving party; (ii) Receiving party can show was in its possession at the time of disclosure; or (iii) is subsequently disclosed to receiving party by a third-party, which information receiving party reasonably believes has not been wrongfully acquired, directly or indirectly. Grand Island Council Session - 12/17/2013 Page 277 / 334 December 15, 2008 6 8.4.5 Receiving party shall not be restricted in any way from releasing information, including confidential information, in response to a subpoena, court order, or other legal process, or as may be legally compelled by any tribunal or governmental or regulatory authority, but in such event, shall notify the providing party of the demand for information before the receiving party responds to such demand. 8.5 Representations and Remedies Consultant makes no representations, covenants, warranties, or guarantees, express or implied, other than those expressly set forth herein. The parties’ rights, liabilities, responsibilities and remedies with respect to the Services shall be exclusively those expressly set forth in this Agreement and are in lieu of any others available at law or otherwise. 8.6 Damages Having considered the risks and potential liabilities that may arise out of the Services, the benefits of the Services and in specific consideration of the promises contained in this Agreement and other valuable consideration, receipt of which is hereby acknowledged, Client and Consultant allocate and limit such liabilities in accordance with this provision. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law: 8.6.1 In no event shall Consultant (or any of Consultant’s related companies) be liable to Client for loss of profits or revenue; loss of use; loss of opportunity; loss of goodwill; cost of substitute facilities, goods or services; cost of capital; cost of replacement power; governmental and regulatory sanctions; and claims of customers for such damages; or for any special, consequential, incidental, indirect, punitive, or exemplary damages in any way arising from or related to the performance of this Agreement. 8.6.2 The total cumulative liability of Consultant and any of Consultant’s related companies to Client for all claims, losses, damages, and expenses in any way arising from or related to the performance of this Agreement shall not be greater than the compensation received by Consultant under the applicable Exhibit A. 8.6.3 Client hereby releases, indemnifies, and agrees to hold Consultant harmless from any liability arising from Client’s or Client’s assignee’s, ownership, use or operation of the Facilities, or any part thereof. 8.6.4 Except as provided in any expressed written warranty to the Client provided by Consultant’s direct or indirect subcontractors and vendors of any tier, such subcontractors and vendors, and their directors, officers, partners, employees, and agents shall not be liable to the Client for any claim, loss, damage, expense, or injury of any kind (hereafter “Claims”), and Client waives all such Claims. 8.7 Audit and Maintenance of Records Client shall have the right to audit and inspect Consultant’s records and accounts covering direct costs hereunder at all reasonable times during the performance of the Services and for a period of one year after the acceptance thereof; provided, however, that the purpose of any such audit shall be only for verification of such costs. Consultant shall not be required to keep records of or provide access to those of its costs expressed as fixed rates, a lump sum, or of costs which are expressed in terms of percentages of other costs. Consultant’s records shall be subject to audit one time. 8.8 Assignment This Agreement shall not be assignable by either party without the prior written consent of the other party hereto, except that it may be assigned without such consent to the successor of either party, or to a person, firm, or corporation acquiring all or substantially all of the business assets of such party, or to a related entity, an affiliate or wholly owned subsidiary of either party, but such assignment shall not relieve the assigning Grand Island Council Session - 12/17/2013 Page 278 / 334 December 15, 2008 7 party of any of its obligations under this Agreement. No assignment of this Agreement shall be valid until this Agreement shall have been assumed by the assignee. When duly assigned in accordance with the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the assignee. 8.9 Subcontracts Consultant may subcontract any portion of the Services to a subcontractor approved by Client. In no case shall Client’s approval of any subcontract relieve Consultant of any of its obligations under this Agreement. Notwithstanding the above, Consultant may have portions of the Services performed by its related and affiliated entities or their employees, in which event Consultant shall be responsible for such Services and Client shall look solely to Consultant as if the Services were performed by Consultant. 8.10 Notices All notices pertaining to this Agreement shall be in writing and shall be sufficient when sent by registered mail, or by U.S. mail or facsimile (with oral confirmation) to: Client: City of Grand Island Nebraska Attention: Mr. Travis Burdett 700 E. Bischeld Grand Island, Nebraska 68802 Consultant: Black & Veatch Corporation Attention: Mr. John Achenbach 489 Fifth Ave. 14th Floor New York, NY 10017 8.11 Entire Agreement This Agreement constitutes the entire agreement between the parties hereto and supersedes any oral or written representations, understandings, proposals, or communications heretofore entered into by or on account of the parties and may not be changed, modified, or amended except in writing signed by the parties hereto. In the event of any conflict between this contract document and any of the exhibits hereto, the terms and provisions of this contract document shall control. In the event of any conflict among the exhibits, the exhibit of the latest date shall control. 8.12 Interpretation 8.12.1 This Agreement shall be governed by and interpreted in accordance with the laws of Missouri excluding provisions thereof which would apply the laws of another jurisdiction. 8.12.2 Headings and titles of Articles, Sections, paragraphs, and other sub-parts of this Agreement are for convenience of reference only and shall not be considered in interpreting the text of this Agreement. 8.12.3 To the fullest extent permitted by law, releases, waivers or limitations of liability specifically expressed in this Agreement shall apply notwithstanding the negligence, strict liability, fault, or breach of warranty or contract of the party whose liability is so released or limited. The benefit of such releases, waivers or limitations of liability shall extend to the related companies, and subcontractors of any tier of such party, and the directors, officers, partners, employees, and agents of such parties. 8.12.4 In the event any portion or all of this Agreement is held to be void or unenforceable, the parties agree to negotiate in good faith to reach an equitable agreement which shall affect the intent of the parties as originally set forth in this Agreement. Grand Island Council Session - 12/17/2013 Page 279 / 334 December 15, 2008 8 8.12.5 The prevailing party, in whole or in part, shall be entitled to reimbursement for all costs and reasonable attorneys’ fees in any legal action brought against the other party based on a breach of this Agreement. 8.12.6 If Client uses a purchase order form to administer this Agreement, the use of such form shall be for convenience purposes only and any typed provision in conflict with the terms of this Agreement and all pre-printed terms and conditions contained in or on such forms shall be deemed stricken and null and void. 8.12.7 The provisions of this Agreement are intended for the sole benefit of Client and Consultant, and subcontractors, vendors and others to the extent expressly provided in this Agreement. The parties agree there are no third-party beneficiaries to this Agreement other than those subcontractors, vendors and others expressly contemplated, and then only to the extent contemplated, by the terms herein. 8.12.8 Since Consultant has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others (including Client) to meet project schedules, Consultant’s opinion of probable costs and of project schedules shall be made on the basis of experience and qualifications as a professional consultant. Consultant does not guarantee that proposals, bids, revenues, costs, or other cash requirements, or actual operating or project costs will not vary from Consultant’s estimates or that actual schedules will not vary from Consultant’s projected schedules. 8.12.9 At all times during the term of this Agreement, and for a period of six months following any termination or expiration hereof, Client agrees that it will not, hire, or solicit any employee of Consultant who performed services hereunder, to become employees or independent contractors of Client or such other person or entity, excluding employees who are responding to a general solicitation for employment advertised by Client. In the event Client does hire a Consultant employee as prohibited herein, Client shall be liable to Consultant for 60% of such employee's first-year salary (including any signing bonuses or reimbursable relocation costs). Client shall be obligated to disclose such amounts to Consultant and Consultant shall immediately invoice Client for such amount to be paid by Client within 10 business days of receipt of Consultant’s invoice. Failure to pay such amount when due shall be considered a breach of this Agreement by Client and entitle Consultant to any and all remedies available under this contract, at law or in equity. Grand Island Council Session - 12/17/2013 Page 280 / 334 December 15, 2008 9 IN WITNESS WHEREOF, the parties hereto have executed this contract document as of the date and year first above written. CITY OF GRAND ISLAND BLACK & VEATCH CORPORATION NEBRASKA By: By: By: By: (Printed) (Printed) Title: Title: Date: Date: Legal PM Approved Approved Reviewed Date Date Grand Island Council Session - 12/17/2013 Page 281 / 334 December 15, 2008 10 EXHIBIT A To The CONSULTING SERVICES AGREEMENT Between CITY OF GRAND ISLAND NEBRASKA (“Client”) and BLACK & VEATCH CORPORATION (“Consultant”) Pursuant to the terms and conditions of the Consulting Services Agreement executed and made effective as of the 17th day of December, 2013, between City of Grand Island Nebraska ("Client") and Black & Veatch Corporation ("Consultant"), Client hereby requests Consultant perform and Consultant agrees to perform the following Services: Effective Date: This Exhibit A will be effective on December 17, 2013. A. Scope of Services: Consultant will be responsible for completing the following services: Scope of Services contained in Secton 2.0 of the proposal for Electric System Engineering Services dated November 7, 2013 excluding 2.10 Smart Grid Evaluation, 2.13 EMP, and 2.14 Optional Relay Coordination Study. B. Compensation: Invoices are due upon receipt. Client will pay, and Consultant will accept compensation for services provided based on the following fee basis: Lump sum of $252,812. C. Invoicing: Commencing on or about the first day of the calendar month following execution of this Agreement, and monthly thereafter, Consultant shall furnish Client with an invoice covering the work completed the previous month and any interest due under this Agreement. Invoices may be submitted electronically by email to tburdett@grand-island.com. In such event, the electronic copy of the invoice will be considered the official invoice and will not be followed by a hard copy invoice. D. Method of Payment. Payments to be made to Consultant under this Agreement shall be electronically transferred either by ACH, specifically in CCD+ or CTX format, or wire transfer to the bank account and in accordance with the bank instructions identified in Consultant’s most recent invoice in immediately available funds no later than the payment due date. Invoice number and project name shall be referenced in the bank wire reference fields or the ACH addenda information. E. Schedule : The Consultant’s schedule for completion of the services set forth in Section A above is as follows: The Scope of Services set forth in Section A shall be completed by the end of Fiscal Year 2014 (September 30, 2014). F. Client Responsibilities : Client shall provide data and review comments in a timely manner inorder to meet the Schedule in Section E. Grand Island Council Session - 12/17/2013 Page 282 / 334 December 15, 2008 11 IN WITNESS WHEREOF, the parties have executed this Exhibit A. CITY OF GRAND ISLAND BLACK & VEATCH CORPORATION NEBRASKA By: By: By: By: (Printed) (Printed) Title: Title: Legal PM Approved Approved Reviewed Date Date Grand Island Council Session - 12/17/2013 Page 283 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-409 WHEREAS, the City of Grand Island invited Requests for Proposals for Electric System Master Plan, according to plans and specifications on file with the Utilities Department; and WHEREAS, on November 7, 2013, proposals were received, opened and reviewed, and evaluated; and WHEREAS, Black & Veatch of Overland Park, Kansas, submitted a proposal in accordance with the terms of the Request for Proposals, and plans and specifications and all other statutory requirements contained therein, such proposal being in an amount not to exceed a total price of $252,812.00; and WHEREAS, the proposal of Black & Veatch of Overland Park Kansas, meets all of the requirements for the Utilities Department Electric System Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Black & Veatch of Overland Park, Kansas, in an amount not to exceed $252,812.00, for the Utilities Department Electric System Master Plan, is hereby approved, and that the Mayor is authorized to sign the Contract on behalf of the City of Grand Island. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 284 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item I-5 #2013-410 - Consideration of Approving Deferral of Grand Island as U.S. Dept. of Housing and Urban Development Entitlement Grantee Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 12/17/2013 Page 285 / 334 Council Agenda Memo From:Jaye Monter, Finance Director Meeting:December 17, 2013 Subject:Approving Deferral of Grand Island as U.S. Dept. of Housing and Urban Development Entitlement Grantee Item #’s:I-5 Presenter(s):Jaye Monter, Finance Director Background On July 23, 2013 Council approved Resolution 2013-14 authorizing the Mayor to submit a letter the U.S. Department of Housing and Urban Developments (HUD) accepting entitlement status as a HUD entitlement grantee. As an entitlement community, the City of Grand Island would receive funds directly from HUD on an annual formula basis from the Federal Government. As an entitlement grantee, the City would report directly to HUD and be responsible for all grant administration. Currently the State of Nebraska Department of Economic Development is responsible for reporting to HUD. The next required step in the acceptance of the entitlement process is for Grand Island to develop and submit a Consolidated Plan for fiscal years 2015, 2016 and 2017. The Consolidated Plan acts as the City’s comprehensive planning document under the Community Development Block Grant (CDBG) program. The Consolidated Plan must be received by the Omaha HUD field office 45 days prior to the program year start date of October 1, 2014. In addition to the Consolidated Plan, the City must also develop and follow a detailed citizen participation plan. The plan should provide opportunities for citizens to participate in the development of the Consolidated Plan and the way CDBG funds are used in the community. Discussion To date, there has been little progress on the City’s comprehensive plan document and plan for citizen participation which must be approved by Council and submitted to the Federal Office by August 15, 2014. Compounding the situation is the recent vacancy in the City of Grand Island’s Community Development Division. Until such time as this Grand Island Council Session - 12/17/2013 Page 286 / 334 position is filled, it is unlikely that any substantial work on the consolidated plan can be completed and approved by the August 15, 2014 deadline. Therefore, City staff initiated discussions with the Omaha branch of the U.S. Department of Housing and Urban Development (HUD) regarding this situation. HUD representatives stated that the City Of Grand Island is eligible to defer entitlement status for the 2015 fiscal year. The City will be eligible to accept status for the 2016 fiscal year if the same criteria exist for eligibility at that time. No changes in the eligibility requirements are anticipated. Deferment from the entitlement program will continue the City’s current participation through the State Community Development Block Grant program and allow the city additional time to fill the vacancy and develop a consolidated plan that will meet HUD requirements. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the deferral to the HUD entitlement grantee program and authorize the Mayor to sign all related documents. 2.Refer the issue to a Committee. 3.Postpone the issue to a later date. Recommendation City Administration recommends that Council approves the deferral of HUD entitlement grantee status and authorize the Mayor to sign all related documents Sample Motion Move to approve the deferral of HUD entitlement grantee and authorize the Mayor to sign all related documents. Grand Island Council Session - 12/17/2013 Page 287 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-410 WHEREAS, the City of Grand Island, Nebraska, as a designated Metropolitan Statistical Area (MSA), is an eligible unit of a general local government authorized to accept status as an U.S. Department of Housing and Urban Development (HUD) Entitlement Grantee; and WHEREAS, the City of Grand Island accepted entitlement status on July 23, 2013; and WHEREAS the City now seeks deferral of Entitlement Status in order to have more time to complete the required Consolidated Plan for fiscal years 2015, 2016 and 2017. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska is hereby authorized to defer status as a HUD entitlement grantee; and The Mayor is hereby authorized and directed to execute documentation on behalf of the City of Grand Island for such process. - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 288 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item I-6 #2013-411 - Consideration of Amendment to IAFF Contract Staff Contact: Brenda Sutherland Grand Island Council Session - 12/17/2013 Page 289 / 334 Council Agenda Memo From:Brenda Sutherland, Human Resources Director Meeting:December 17, 2013 Subject:Consideration of Amendment to IAFF Labor Agreement Item #’s:I-6 Presenter(s):Brenda Sutherland, Human Resources Director Background The City Council approved the addition of two new positions in the Fire Department in February 2013; the Life Safety Inspector and the Shift Commander. The positions were originally added as non-union positions. A petition was later filed with the Commission of Industrial Relations (CIR) to address the question as to whether the positions were eligible to be covered by the IAFF Local 647 labor agreement. The CIR confirmed their eligibility in the bargaining unit. Discussion The amendment presented to Council is a housekeeping measure to formally add the positions of Life Safety Inspector and Shift Commander to the IAFF Local 647 Labor Agreement. The terms and conditions for the Shift Commander are outlined in the current agreement and the attached salary table is represented in the proposed Salary Ordinance #9467. The Life Safety Inspector is a unique position in this labor agreement due to the fact that it is a civilian, 40 hour per week position that typically works an 8 hour shift. As this position didn’t fit neatly into the current agreement both parties agreed to outline the terms that needed to be addressed separately in the attached document labeled Amendment 1. Most benefits have remained the same as they were under the non-union Personnel Rules. The petition to the CIR asked that these positions be included in the bargaining unit and this action will formally carry that out. The terms of the current labor agreement for all positions covered under the IAFF Local 647 bargaining agreement will be negotiated in the next few months as the current agreement will expire on September 30, 2013 Grand Island Council Session - 12/17/2013 Page 290 / 334 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 Amendment 1 to the IAFF Labor Agreement. Sample Motion Move to approve Amendment 1 to the IAFF Labor Agreement Grand Island Council Session - 12/17/2013 Page 291 / 334 Grand Island Council Session - 12/17/2013 Page 292 / 334 Grand Island Council Session - 12/17/2013 Page 293 / 334 Grand Island Council Session - 12/17/2013 Page 294 / 334 Grand Island Council Session - 12/17/2013 Page 295 / 334 Grand Island Council Session - 12/17/2013 Page 296 / 334 Grand Island Council Session - 12/17/2013 Page 297 / 334 Grand Island Council Session - 12/17/2013 Page 298 / 334 Grand Island Council Session - 12/17/2013 Page 299 / 334 Grand Island Council Session - 12/17/2013 Page 300 / 334 Grand Island Council Session - 12/17/2013 Page 301 / 334 Grand Island Council Session - 12/17/2013 Page 302 / 334 Grand Island Council Session - 12/17/2013 Page 303 / 334 Grand Island Council Session - 12/17/2013 Page 304 / 334 Grand Island Council Session - 12/17/2013 Page 305 / 334 Grand Island Council Session - 12/17/2013 Page 306 / 334 Grand Island Council Session - 12/17/2013 Page 307 / 334 Grand Island Council Session - 12/17/2013 Page 308 / 334 Grand Island Council Session - 12/17/2013 Page 309 / 334 Grand Island Council Session - 12/17/2013 Page 310 / 334 Grand Island Council Session - 12/17/2013 Page 311 / 334 Grand Island Council Session - 12/17/2013 Page 312 / 334 Grand Island Council Session - 12/17/2013 Page 313 / 334 Grand Island Council Session - 12/17/2013 Page 314 / 334 Grand Island Council Session - 12/17/2013 Page 315 / 334 Grand Island Council Session - 12/17/2013 Page 316 / 334 Grand Island Council Session - 12/17/2013 Page 317 / 334 Grand Island Council Session - 12/17/2013 Page 318 / 334 Grand Island Council Session - 12/17/2013 Page 319 / 334 Grand Island Council Session - 12/17/2013 Page 320 / 334 Grand Island Council Session - 12/17/2013 Page 321 / 334 Grand Island Council Session - 12/17/2013 Page 322 / 334 Grand Island Council Session - 12/17/2013 Page 323 / 334 Grand Island Council Session - 12/17/2013 Page 324 / 334 Grand Island Council Session - 12/17/2013 Page 325 / 334 Grand Island Council Session - 12/17/2013 Page 326 / 334 Amendment 1 This document serves to amend the current labor agreement between the City of Grand Island and the International Association of Firefighters, Local 647 to add the position and benefits outlined below for Life Safety Inspector and to add the position of Shift Commander. All other terms and conditions as are set forth in the current labor agreement remain unchanged with the exception of the terms outlined in this amendment. The Life Safety Inspector shall be covered by the IAFF Local 647 labor agreement and the conditions outlined in said labor agreement with the exception of the provisions noted below. The Shift Commander position shall also be covered by the IAFF Local 647 and the working conditions are as outlined in the current labor agreement. HOURS of WORK and OVERTIME This position will work a standard 40 hour workweek and shall be subject to all rules and regulations outlined in the Fair Labor Standards Act and as such will be entitled to overtime pay for hours worked in excess of 40 hours per week. PAID HOLIDAYS The following holidays are recognized as paid holidays and the dates that they will be observed on. Employees in the Life Safety Inspector classification will receive time off with pay (8 hours) for the holidays listed below: New Year’s Day January 1 Arbor Day Last Friday in April Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Day Christmas Day December 25 When a holiday falls on a Saturday, it will be observed on the preceding Friday. When a holiday falls on a Sunday, it will be observed on the following Monday. Non-exempt regular full-time and part-time employees who are required to work on a holiday will be granted overtime pay for the time period worked. Grand Island Council Session - 12/17/2013 Page 327 / 334 If a holiday occurs while an employee is on Worker’s Compensation or other disability compensation, no credit for the holiday will be allowed. In order to receive pay for an observed holiday, an employee must not have been absent without pay on the workday immediately preceding or immediately following the holiday unless excused by his/her supervisor. In addition, the City will provide one (1) additional non-cumulative personal holiday each fiscal year to all eligible employees. This holiday shall be observed simultaneously by all members of the bargaining unit on a date agreed upon by the Fire Chief and the Union President on an annual basis. The City shall make a contribution to the employee’s VEBA in lieu of the personal holiday. The contribution will be based on 15 hours of pay at a blended rate based on the top wage for all three positions (Firefighter, Firefighter/Paramedic and Captain) divided by three. VACATION Employees shall accrue vacation time during their new employee probationary/introductory period; however, they will not be entitled to take vacation until successfully completing probationary/introductory period. The employee will not receive any vacation benefits if the leave the employment of the City during the probationary/introductory period. Vacation leave shall be debited in half hour increments and accrue as outlined below: Years 1 through 4 80 hours Years 5 through 6 120 hours Years 7 through 8 128 hours Years 9 through 10 136 hours Years 11 through 12 144 hours Year 13 152 hours Years 14 through 19 160 hours Years 20 through 24 168 hours Year 25 and beyond 176 hours The Chief will make every effort to grant requested vacation time; however, it must be approved in advance and will be granted on the basis of work requirements of the department. Seniority will be considered when scheduling vacations within the department. Each employee will take a period of vacation that allows him or her to be away from the workplace for a minimum of five consecutive work days which may include the use of personal leave. Holidays, which occur during an employee’s vacation, do not count as vacation time. Grand Island Council Session - 12/17/2013 Page 328 / 334 CARRY-OVER Employees will be allowed to carry-over the maximum amount of vacation that they earn in one year, plus 80 hours. Current vacation time and carry-over time may be used during a single calendar year when authorized. An employee who fails to use his/her vacation time through the employee’s own decision loses all but the maximum carry-over amounts as mentioned above. The Human Resources Director and City Administrator may waive the provisions of this section in extreme circumstances for the good of the City. VACATION CREDIT ON SEPARATION Separation from employment shall include resignation, retirement, termination, or death. Upon separation from employment with the City due to retirement, termination, or death, an employee shall be paid for his or her unused portion of accumulated vacation leave. In the case of resignation, an employee must resign in good standing or the City will not compensate him or her for accrued but unused vacation leave. To resign in good standing, an employee must give the Fire Chief written notice at least fourteen calendar days prior to separation, unless the Fire Chief agrees to permit a shorter period. Pay at separation shall be directed to the employee’s VEBA except in the case of death. An employee who separates from employment with the City shall not accrue vacation leave credits after his or her last day of work. MEDICAL LEAVE Medical leave will be charged in one-half hour increments. ACCRUAL OF MEDICAL LEAVE Medical leave will be accrued at a rate of eight hours per month for full-time regular status employees. The maximum amount of medical leave hours that may be accrued is 1,084. COMPENSATION FOR UNUSED MEDICAL LEAVE AT RETIREMENT Each employee upon retirement shall have a contribution made to their VEBA representing 50% of his or her accumulated medical leave at the time of their retirement, not to exceed five hundred forty-two hours (calculated at 50% x 1,084 = 542). The rate used for the contribution will be based on the employee's salary at the time of retirement. In the case of death, the medical leave benefit will paid at the same rate as retirement and shall be paid to the employee’s beneficiary or estate. Grand Island Council Session - 12/17/2013 Page 329 / 334 BEREAVEMENT LEAVE Bereavement leave shall be granted to eligible employees for up to two (2) days per calendar year for non-immediate family members. Non-immediate family member shall mean aunts, uncles, nieces and nephews. Any portion of a work day used for bereavement leave shall be considered a full day of bereavement leave. An employee shall be eligible to use up to three (3) days of paid bereavement leave for the death of an immediate family member which includes parents, spouses, children, siblings, grandparents, grandchildren, and in-laws of the same relation, regardless of when it occurs. In addition to the use of bereavement leave as set forth hereafter, medical leave may be granted at the discretion of the Department Director and City Administrator for the death of a member of an employee’s immediate family because of unusual circumstances. To attend the funeral of someone other than immediate and non-immediate family, an employee shall take vacation or personal leave. PENSION PLAN The City provides a pension plan that employees are eligible for immediately. Participation is mandatory upon the first day of employment. Employees defer 6% (pre-tax) of their pay into the pension plan. The City matches the 6% contributed by the employee. Employees direct 100% of Employee and Employer contributions. The vesting schedule is as follows: 1 year = 60% 2 years = 70% 3 years = 80% 4 years = 90% 5 years =100% Voluntary Employee’s Beneficiary Association (VEBA) The VEBA will be considered by both parties as part of the total compensation for computation of wages and benefits. The City will contribute $10.00 per pay period per covered employee into the employee’s VEBA account to be used by the employee under the terms of the VEBA trust agreement applicable to bargaining unit employees. UNIFORMS The City will provide to all new hires at the time of hire two polo shirts, two T-shirts, two pants, one belt and one uniform coat. These items will be replaced as needed by the City. RATES OF PAY FOR WORK PERFORMED 2013 – 2014 Fiscal Year Grand Island Council Session - 12/17/2013 Page 330 / 334 Rates of pay commencing on the first full pay period on or after October 1, 2013, for work performed under this agreement shall be increased by 2.5% for the Life Safety Inspector. Execution of movement through the nine step pay scale shall be the same as outlined for all other positions covered by the IAFF labor agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement . CITY OF GRAND ISLAND, NEBRASKA, A Municipal Corporation, By_________________________________________ Jay Vavricek, Mayor Attest________________________________________ RaNae Edwards, City Clerk INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO, LOCAL 647 _____________________________________________ Interim President, Randy Iverson Grand Island Council Session - 12/17/2013 Page 331 / 334 IAFF FY 2013 - 2014 Amendment 1 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Life Safety Inspector Hourly 20.0097 20.9043 21.8387 22.8150 23.8349 24.9004 26.0136 27.1765 28.3914 5020 BiWeekly 1,600.78 1,672.34 1,747.10 1,825.20 1,906.79 1,992.03 2,081.09 2,174.12 2,271.31 Monthly 3,468.36 3,623.40 3,785.38 3,954.60 4,131.38 4,316.07 4,509.03 4,710.59 4,921.17 Annual 41,620.28 43,480.84 45,424.60 47,455.20 49,576.54 51,792.78 54,108.34 56,527.12 59,054.06 Shift Commander Hourly 21.0210 21.7400 22.4836 23.2526 24.0479 24.8704 25.7210 26.6008 27.5106 BiWeekly 2,270.27 2,347.92 2,428.23 2,511.28 2,597.17 2,686.00 2,777.87 2,872.89 2,971.14 Monthly 4,918.92 5,087.16 5,261.17 5,441.11 5,627.20 5,819.67 6,018.72 6,224.60 6,437.47 Annual 59,027.02 61,045.92 63,133.98 65,293.28 67,526.42 69,836.00 72,224.62 74,695.14 77,249.64 Grand Island Council Session - 12/17/2013 Page 332 / 334 Approved as to Form ¤ ___________ December 13, 2013 ¤ City Attorney R E S O L U T I O N 2013-411 WHEREAS, pursuant to Neb. Rev. Stat., §16-201, the City has the authority to make all contracts and do all other acts in relation to the property and concerns of the city necessary to the exercise of its corporate powers ; and WHEREAS, an employee group at the City of Grand Island is represented by the International Association of Fire Fighters, AFL-CIO, CLC, Local No. 647 (IAFF); and WHEREAS, the current labor agreement between the City of Grand Island and the IAFF, Local 647 has been amended to add the positions of Life Safety Inspector; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized to execute the Labor Agreement Amendment by and between the City of Grand Island and the International Association of Fire Fighters, AFL-CIO, CLC, Local No. 647 (IAFF). - - - Adopted by the City Council of the City of Grand Island, Nebraska, December 17, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 12/17/2013 Page 333 / 334 City of Grand Island Tuesday, December 17, 2013 Council Session Item J-1 Approving Payment of Claims for the Period of November 27, 2013 through December 17, 2013 The Claims for the period of November 27, 2013 through December 17, 2013 for a total amount of $9,175,214.59. A MOTION is in order. Staff Contact: Jaye Monter, Finance Director Grand Island Council Session - 12/17/2013 Page 334 / 334