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2003
2003 RESOLUTIONS 1. Placement of a stop sign at 12th and Lincoln Streets 4913 Southbound 2. Approves an Agreement with the Blair Family YMCA to 4917 operate the Swimming pool for the 2003 summer season 3. Request to Department of Roads for a traffic study on Hwy. 4918 75 from Wilbur Street to the southern corporate limits to determine if speed should be reduced to 35 mph 4. No parking on the three southernmost parking spaces on the 4918 east side of the Blair Swimming Pool Park near the intersection of 16th & LaFayette Street 5. Prohibit parking on the north and south sides of Wright St. 4919 and College Drive between Highway 75 North and 32"d Street 6. Intent of annexation of certain -real estate contiguous to the 4919 City limits and setting the date for the public hearings 7.. Approving the one and six year plan for 2003 4924 8. Approving Interlocal Agreement with Washington County .4924 for purchase of items relative to GIS 9. Approving appointments to the Veteran's Memorial Park 4929 Committee 10. Approving 2 & 10 year plan of the Blair's Water System 4929 11. Approving Block Grant application for Ridgeview Townhomes 4933 12. Approving an agreement with HWS to perform Environmental 4937 Impact Study for the Bypass Project 13. Approving an agreement with the NE Dept of Roads fora 4938 Comprehensive Planning Grant 14. Approving an_agreement with HWS to perform the Compre- 4938 hensive Planning Grant 15. Developer's Agreement with LMP Enterprises far Boulder 4940 Ridge Subdivision 16. Easement with Concrete Equipment Co. on 12~' Street 4951 17. Amending City of Blair's Community Development Block 4947 Grant Economic Development Reuse Program. 18. Approving Rental/Lease agr-Bement for the conference 4952 room at the Blair Police Station 19. FAILED-Airport Resolution pertaining to possible future 4952 budget request by the Airport Authority 20. Easement with Blair Schools for Bike Trail 4956 21. Designating downtown historical area 4956 22. Easement with Country Tire, Inc. 4958 23. Board of Equalization Hearing for Weimers Addition 4963 SID-180, WED-40 and SED-59 24. Accepting land dedication from WP, L.L.C. for Pittack St. 4966 25. Creating Gap Paving District N. 182-Pittack St. 4970 26. Requesting. the NE Dept of Roads to reduce the speed 4970 limit on US Highway 75 from Wright Street to the northern corporate limits of the City of Blair. 27. Levying special assessments Weimers Addition 4975 Paving-180, Water-40, Sewer-59 28. Agreement with Steier Group; Inc. for professional 4978 development and fund-raising counsel for the Veterans Memorial 29. Grant application for GDBG funds for planning grant for 4980 study of sewer collection system, water distribution system and sidewalks in blighted area 30. Setting Airport levy for FY 2003-2004 - 4981 31. Grant application for Trail Development Assistance Fund 4981 for Dana Bike Trail 32. Grant application for funds from NE Game and Parks 4982 for the Dana-Bike Trail 33. Set levy for City of Blair and Airport Authority 4984 34. Terminate sanitary sewer installation and maintenance .4987 easement and amend Developer's Agreement for Crystal Lake Estates 35. Increase sewer use fees and water use fees 4988 36. Changes to Personnel Manual 4988 37. .Increase fees to Hardy Park camping stalls 4989 38. Amendment to one and six year plan 4993 39. -Agreement with HDR for testing and_lab work at the WTP 4998 40. Approving second dedication plat for Pittack Street 4998 41. Agreement with Steier Group for professional fund-raising 5002 counsel related to Capital Campaign for Veterans Tribute Plaza 42. Designation of handicap stalls in downtown area 5004 43. Handicap P-arking spaces along Colfax Street for 5009 Congregational Church 44. Amended Flex Choice Plan for January 2004 5010 45. Application to State of Nebraska Dept. of Roads 5010 Federal Bridge Replacement Funds 46. CDBG application for reuse funds for purchase of real 5011 estate for 10~' Street Extension -Ellen Epperson - TL 63, Section 12, Township 18, Range 11 47. Skipped this Number - No resolution 48. Agreement with Papio NRD and Washington County for 5014 for sate of drinking water for the rural water system. RESOLUTION N0.2003-1 COUNCILMEMBER ABBOTT INTRODUCED-THE FOLLOWING RESOLUTION: WHEREAS, Section 5-217 of the Municipal Code of the City of Blair, provides that the governing body may by resolution provide for the placing of stop signs or other signs for the purpose of stopping or regulating traffic on any street or alley within the Municipality's jurisdiction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that a stop sign shall be placed on southbound 12~' Street at the intersection of Lincoln Street for the purpose of directing southbound traffic on 12~' Street to stop at Lincoln Street. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that following the.passage and publication of this resolution it shall be unlawful for any person to fail, neglect or refuse to comply with any such stop sign. COUNCIL MEMBER FANOELE MOVED. THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THISI4TH DAY OF JANUARY, 2003. -:~;: CITY OF BLAIR, NEBRASKA BY J REALPH, r ~~ ATTEST: (SEAL) STATE OF NEBRASKA ) ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 14th day of January, 2003. BRENDA R. TAYLOR, CI RK _~ RESOLUTION N0.2003 - 2 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Agreement between the City of Blair, Nebraska, and Blair Area Young Men's Christian Association ("YMCA") has been prepared and presented to the City Council providing for the terms and provisions for operation of the Blair Swimming Pool for the 2003 season, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL .CALL, COUNCILMEMBERS STEWART, SHOTWELL, FAIVOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 28m DAY OF JANUARY, 2003. CITY OF BLAIlZ, NEBRASKA B S E. REALPH, MAYOR ATTEST: NDA R. TAYLO TY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 28~' day of January, 2003 BRENDA R. TAYLOR, TY CLERK AGREEMENT THIS AGREEMENT is made and entered into this 28th day of January, 2003, by and between the City of Blair, a municipal corporation in Washington County, Nebraska, organized and existing under the laws of the State of Nebraska, hereinafter referred to as "City", and Blair Family YMCA, hereinafter referred to as "Operator". WITNESSETH: WHEREAS, the -City owns a public swimming pool located at 16`~ & Butler Streets in Blair, Nebraska, hereinafter referred to as "Pool"; and, WHEREAS, the Operator has proposed operation of the Pool; and WHEREAS, the Operator has deterniined that Operator. can successfully manage the Pool; and, WHEREAS, the parties hereto desire to enter into an Agreement for the operation of the Pool in accordance with the terms, provisions, and conditions set forth hereinbelow. NOW, THEREFORE, for and iri consideration of the mutual covenants and agreements herein contained, the City and Operator do hereby mutually undertake; promise, agree, and contract for itself and its successors and assigns as follows: ARTICLE I. -TERM OF AGREEMENT Subject to the terms, provisions, covenants and conditions set forth hereinafter below and, unless earlier terminated in accordance therewith, the term of this Agreement shall be for the swimming season commencing on May 24, 2003, and ending August 13, 2003; provided, however, that Operator shall operate the Pool from and after August 14, 2002, as may be directed by the City Council for City, said direction to include the days and hours of operation, and, if so directed by the City Council, Operator shall receive compensation at the rate of $54.00. per hour during such period of operation. ARTICLE II. -RIGHT TO OPERATE POOL A. The City hereby grants to the Operator the exclusive right and privilege to operate, manage, and maintain the public swimming pool located at 16`~ and Butler Streets in the City of Blair, Nebraska, during the term of this Agreement, subject to and expressly conditioned .upon the terms, provisions, covenants, and conditions as set forth in this Agreement and the timely performance by the Operator in strict compliance therewith. B. This Agreement constitutes neither a conveyance nor a lease, but is a management agreement to manage, operate, and maintain the Pool for the. purpose of providing a public swimming pool. Nothing in this Agreement shall be construed to provide Operator with any ownership, right, or interest in the Pool. C. Nothing in this Agreement shall be construed to provide authority for control by Operator over any portion of Steyer Park, its parking areas, grounds, improvements, or other facilities. D. In the event the Pool is substantially destroyed by fire, explosion, the elements, the public enemy or other casualty or so damaged, the City shall be under no obligation to repair, rebuild, or reconstruct the premises. E. No alterations, additions, improvements, or physical changes to the Pool shall be erected, installed, or permitted by Operator or any person at its request without the prior express written consent and approval of the Director of Public Works. ARTICLE III. -ACTIVITIES AND USES OF POOL A. This Agreement grants the exclusive privilege of operating, managing, and maintaining the Pool as a public swimming facility for and on behalf of the City. Operator covenants and agrees that the premises shall be used exclusively for the operation of a public swimming pool and the provision of services and merchandise attendant to such an operation. B. The Operator acknowledges and agrees that the City has the right to adopt and enforce reasonable park rules and regulations and that it and all of its employees, agents, and servants will faithfully observe and comply with all rules and regulations as may from time to tune be promulgated by the City Council. C: The Operator will not suffer or permit to be maintained upon the premises or upon the exterior of any improvements or appurtenances thereto any billboards, signs, or other advertising media except those which have prior written approval of the Director of Public Works; nor will the Operator suffer or permit to be maintained within any structure situated upon or within the premises any signs or other advertising media which concerns goods or services other than those furnished or offered for sale by the Operator in connection with the operation of the pool. ARTICLE IV. -DUTIES AND OBLIGATIONS OF OPERATOR AND CITY A. Utilities. The City shall be responsible for all electrical, water, and sewage charges applicable to the Pool during the term of this Agreement including al utility charges incurred by the City in the process of providing the pool start up and close down operations. B. Chemicals and Other Supplies. The Operator shall have the responsibility for the order, purchase, and delivery of all chemicals for water treatment and other purposes as required for the proper and lawful. operation of the Pool. The City agrees to reimburse Operator for the cost of all chemicals for water treatment and .other purposes as required for the proper and lawful operation of the Pool up to a maximum amount of $6,500.00; provided further, that- City agrees to remit such reimbursement to Operator within thirty (30) days of receipt of invoices or other documentation establishing the chemical expense. The Operator shall provide all supplies, equipment, hardware, and other items necessary for the proper and lawful operation of the pools, bath houses, and related functions. Additionally, the Operator shall provide all equipment repair, and maintenance expenses up to $250.00. C. Maintenance. The City shall be responsible for all maintenance and repairs for.all pool and bath house related items including, but not limited to, all mechanical systems and associated water and electrical supply lines between the pools and their meters and all improvements located within and including the pool fence. D. Trash Disposal. The Operator shall provide adequate sanitary handling and disposal of all trash, garbage, and other refuse located within the pool area and within 100 feet of the.pool's fence/bath house perimeter. The Operator shall deposit all waste materials in trash receptacles which shall be provided and serviced by the City. Piling of boxes, cartons, barrels, or other similar items in an unsightly or unsafe manner on or about the premises is forbidden. E. Personnel. All recruitment, hiring, training, supervision, and payment of pool staff for the Pool shall be the responsibility of the Operator. Operator shall comply with all laws, ordinances, rules, and regulations regarding training, licensing, and certification . of pool staff, including lifeguards, managerial personnel, and pool operators. Operator shall be solely responsible for payment of all taxes, workers compensation, or other expenses of employment. F. Concessions. The Operator may provide concessions to the swimming public which, in the Operator's opinion, meets the public demand. Operator shall comply with Nebraska State Health Department rules and regulations pertaining to food and beverages in the pool area. ARTICLE V. -POOL START UP -CLOSE DOWN -MAINTENANCE A. Start Up. The City agrees to use its best diligence to perform all pool start up functions on or before May 12, 2003, in preparation for a May 24,,2003 opening of the contract year and provide the pool to the Operator in an operational condition. B. Consultation. The City agrees to be available to provide advice and consultation regarding pool operation as requested by the Operator. C. Close Down. The .City agrees to perform all close down functions for the end of season pool closing. The City and the Operator shall coordinate to insure efficient and timely close down procedures. In the event the City is unable to perform such procedures due to the acts of the Operator or its employees or agents and incurs costs, injuries, or damage, Operator agrees to reimburse City therefor. D. Maintenance of Grounds. The City agrees to maintain the park grounds around the pool to City standards. Such maintenance shall include the mowing of grass, provision of trash receptacles and providing for the removal of such trash. E. Pool Pumps. The City will provide, in proper working condition, both a chlorine and acid pump and will replace or repair these pumps as necessary during the season. The City will provide a vacuum pump in an operational condition. ARTICLE VI. -POOL OPERATIONS A. It is the City's objective to provide the highest quality of service to the public. To accomplish this objective the Operator agrees to manage and operate the Pool with energy, fidelity, diligence, and dedication and in full compliance with all of the provisions. of this Agreement. Operator further agrees to: 1. Operate the Pool as authorized herein during days and hours which offers the maximum convenience to the public; provided, however, that the pool shall be open until 8:00 p.m. The Operator shall, on or before May 15 2002, submit for approval by the Director of Public Works a schedule of days and hours of operation and shall submit to the Director for approval any changes to such schedule a minimum of 10 days prior to the proposed. change. 2. Employ persons who are clean, courteous, efficient, and neat in appearance. The Operator shall not employ any person or persons in or about the premises who shall use improper language or act in a loud or boisterous or otherwise improper or unsafe manner. 3. Eject or direct the removal of patrons who aze boisterous, loud, using improper language or acting in an unsafe manner. The City expressly grants the Operator and its employees such authority. B. Operator may offer any and all public swim related programs which can be conducted safely and within regulatory requirements at the Pool. These programs may include, but are not limited to, open swim lessons, swim teams, and pool rentals. In the event of inclement weather, Operator may, at its option, use the YMCA indoor pool for swimming lessons and swim team practice or functions on a temporary basis; provided however, such temporary usage of the YMCA pool shall be at no additional cost or expense to the City. C. Operator, its employees, agents or servants, shall at all times during the term of this Agreement comply with the laws and regulations of the United States of America, the State of Nebraska, Washington County, and all applicable ordinances, codes, and regulations of the City of Blair including, but not limited to, requirements governing the operation of the public swimming pool. Violations thereof by Operator, its agents or employees or revocation of permits or licenses required for lawful and proper pool operation or for the performance of this Agreement shall be cause for termination of this Agreement at the sole option of the City. In addition, Operator shall be thoroughly familiaz with and knowledgeable about the provisions of the Nebraska Swimming Pool Handbook published by the Nebraska State Department of Health. ARTICLE VII. -POOL CHARGES The rates to be charged for pool use for the 2002 season aze as follows: Youth Membership Adult Membership Family Membership Youth Daily Adult Daily (18 and older) Swim Team Swimming Lessons per Session Baby Pool $28.00 $44.00 $81.00 $~ 2.00 $ 3.00 $40.00 $25.00 Free Admittance All fees and charges shall be consistently applied and no special or reduced fees shall be offered to any group or individual. ARTICLE VIII. -POOL IMPROVEMENT AND MAINTENANCE ITEM EXCEEDING $250.00 Nothing in this Agreement shall require or obligate the City to provide any repair, maintenance, or improvement to the Pool except as specifically defined herein. The City may individually evaluate any repairs and determine whether it will accept financial responsibility. for such repair, maintenance, or improvement. In the event both parties decline to make repairs essential to the proper and lawful operation of the pool, this Agreement will terminate as further described in Article IX. Notwithstanding the foregoing, the Operator agrees to repair or pay for all damage to the City's property caused by the wrongful or negligent acts or omissions of the Operator, its agents, servants, employees, contractors, invitees, guests, patrons, and. suppliers arising out of, whether directly or indirectly, the Operator's operation of the pool. ARTICLE IX. -TERMINATION A. In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City should any one or more of the following events occur: 1. If the Operator shall file a petition of bankruptcy; or if proceedings in bankruptcy shall be instituted against it and it is thereafter adjudicated a bankrupt pursuant to proceedings; or if a court shall take jurisdiction of the Operator and its assets pursuant to proceedings .brought under the provisions. of any Federal reorganization act; or if a Receiver for the Operator's assets is appointed; or if the Operator shall be divested of its rights, power, and privileges under this Agreement by other operation of law. 2. If the Operator shall abandon and discontinue the conduct of the Pool operation. 3. If the Operator shall fail to perform, keep, and observe any of the terms, provisions, covenants, and conditions contained in this Agreement to be performed, kept, and observed by it. . 4. If the Operator shall fail to abide by all applicable laws, ordinances, rules, and regulations of the United States, State of Nebraska, V~7ashington County, or the City of Blair. 5. Provided that, upon the happening' of any of the contingencies recited in subparagraphs 2, 3, and 4 above, the City shall give written notice to the Operator to correct or cure same and if, within seven (7) days from the date of such notice, the default to perform or breach complained of shall not have been corrected in a manner satisfactory to the City, then the City shall have the right to terminate this Agreement, without further notice, to enter upon and take full possession of the premises and facilities and to operate or close the Pool. Upon such happening, this Agreement shall automatically be deemed to have been irrevocably breached by the Operator and shall terminate. ~ _ 6. In the event this contract is terminated prior to August 13, 2003, the Operator shall remit to the City the prorata share of membership and season fees collected by the Operator. Said proration shall be based upon the number of days of operation of the Pool by the Operator and the remaining number of days until August 13, 2003. 7. This Agreement will terminate and the pool shall close in the event that both the Operator and City decline to provide repairs necessary for the proper and lawful. operation of the pool. B. Operator acknowledges and agrees that all rights that it may have under this Agreement shall terminate and does hereby expressly release and waive any rights, claims, or causes of action it may have against the City or its successors in interest which may or could arise, either directly or indirectly as a result of any such action. C. Without prejudice to any other remedy which otherwise might be used for any breach of this Agreement, if the City is required or elects to pay any sum or incurs any obligation or expense by reason of the failure, neglect, or refusal of the Operator to perform any one or more. of the terms, conditions, or covenants of this Agreement or as a result of any act or omission of Operator. contrary to said terms, conditions, or covenants, the sum so paid or the expense so incurred, including all interest, costs, damages, and penalties shall become a financial obligation of the Operator, thereafter due hereunder and each and every part of the same shall be and become revenue recoverable by the City. ARTICLE X. -RECORDS AND REPORTS A. Operator shall at all times during. the term of this Agreement keep or cause to be kept true and complete books, records, and accounts of all fees, charges, and expenses associated with this Agreement. B. The City shall have the right to conduct audit examinations and to examine the books. and records of Operator in connection with the operation of the pool facility and attendant, sales and services. C. On or before the 30~` day of October, 2003 Operator shall submit to the Office of the City Administrator a statement showing "Gross Receipts" received by the Operatar from the operation of said facility for that swimming season. The term "Gross Receipts" includes fees received from passes, pool memberships, daily swim fees, lessons, pool rentals, swim team charges, and any and all other fees charged at the gaol, and revenues from food and beverage sales of any and all other sundry items. D. Operator shall comply with Nebraska State Health Department rules, regulations, and statutes pertaining to record keeping including but not limited to reporting of pool operation and accident. ARTICLE XI. -INDEMNIFICATION AND INSURANCE A. The Operator covenants and agrees to indemnify and hold harmless the City of Blair, its officers, agents, and employees, -their successors and assigns, individually or collectively, from and against all liability for any fines, claims, suits, demands, actions or causes of action of any kind and nature for personal injury or death, or property damage in any way arising out of or resulting from any activity or operation of the Operator on the premises or in connection with its use of the premises or facilities and the _Operator further agrees to pay all expenses in defending against any claims made against the City; provided, however, that the Operator shall not be liable for any injury, damage or loss occasioned by the sole negligence or willful misconduct of the City, its agents, or employees. The Operator and the City shall. give prompt and timely notice of any claim made or suit instituted which in any way, directly or indirectly, contingently or otherwise, affects or might affect either party. B. The Operator shall procure and maintain in effect during the term of this Agreement, with companies licensed to do business in the State of Nebraska, public liability insurance with, at minimum, policy limits of $1,000,000 for bodily injury or death and $50,000 for property damage. Said policy shall expressly include the City of Blair as an additional named insured. A certified copy of the policy or a certificate evidencing the existence thereof shall be delivered to the City Administrator within ten (10) days after the execution of this Agreement. Each such copy shall contain a valid provision or endorsement that the policy may not be canceled, terminated, or materially changed or modified without giving thirty (30) days written advance notice thereof to the City. Each such policy shall contain an additional endorsement providing that the insured's carrier shall not, without obtaining express advance permission from the City, raise any defense involving in any way the immunity of the City of Blair, officers, agents or employees, the governmental nature of the City, or the provisions of any statutes respecting suits against the City. C. The Operator shall furnish to the City satisfactory evidence that it carries Workers Compensation Insurance in accordance with the laws. of the State of Nebraska.. D. In the event the Operator shall fail to obtain any such insurance or shall permit any such insurance or other type of indemnity to lapse or become void, the City may terminate this Agreement. ARTICLE XII. -INDEPENDENT CONTRACTOR It is understood and agreed by and between the parties that any and all acts of the Operator or its employees, agents, or servants performed pursuant to .the terms of this Agreement shall be undertaken as independent contractors and not as employees of the City. ARTICLE XIII. -ASSIGNMENT The activities and uses to which the pool property may be put and the privileges, rights, and obligations authorized herein are personal. The Operator agrees that it will not assign its rights granted hereunder without the express written consent of the City. Any purported assignment in violation hereof shall be void. ARTICLE XIV. -SUCCESSOR AND ASSIGNS BOUND BY COVENANTS All covenants, stipulations, and agreements in this Agreement shall extend to and bind the legal representatives, successors, and assigns of the respective parties hereto. ARTICLE XV. -GENERAL PROVISIONS A. Notice to the City provided for in this Agreement shall be sufficient if sent by certified or registered mail, postage prepaid, addressed to: Mr. Rodney Storm City Administrator . 218 South 16~' Street Blair, Nebraska 68008 and notices to the Operator, if sent by certified or registered mail, postage prepaid, addressed to: Niki Wulf Blair Family YMCA P.O. Box- 578 Blair, NE 68008 r or to such other respective address as the parties may designate to each other from time to time in writing. B. The Operator represents that it has carefully reviewed the terms and conditions of the Agreement and is familiar with such terms and conditions and agrees faithfully to comply with the same to the extent to which said terms and conditions apply to its activities, authorized and required by this instrument. C. The term "City" as sued in this Agreement means the City of Blair, Nebraska, and, where this Agreement speaks of approval and consent by the City, such approval is understood. to be manifested by act of the Mayor or his designated representative, except as otherwise expressly stated in this Agreement. D. The Operator covenants that it has not retained or employed..any company or person other than bonafide employees working solely for Operator and has not paid nor agreed to pay any fee, commission, percentage, brokerage fee, gift, or any other award for making this Agreement. For breach of this statement, the City of Blair shall Have the right to annul this Agreement without liability: E. The Operator shall not, in the performance of this Agreement, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, .age, political or religious opinions, affiliations or national origin. - F. Captions used in this Agreement are for convenience and are not used in the construction of this Agreement. G. The parties to this Agreement shall conform with all existing and applicable City ordinances, resolutions, state laws, federal laws, and all existing and applicable rules and regulations. Nebraska law will govern the terms and the performance under this Agreement. H. The Operator covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict with the performance of services required to be performed under this Agreement; it further covenants that, in the performance of this Agreement, no person having any such interest shall be employed. I. This Agreement shall not be merged into any other oral ar written agreement, lease or deed of any type. This is the complete and full agreement of the parties. J. This Agreement contains the entire agreement of the parties. No representations were made or relied upon by either party other than those that are expressly set forth herein. No agent, employee, or other representative of either .party is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of the respective parties. K. All provisions of this Agreement and each and every document that shall be attached shall be strictly complied with as written, and no substitution or change shall be made except upon written direction from authorized representative. ARTICLE XVI. -INVALID PROVISION In the event any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision herein contained shall not affect the validity of the remainder of the covenants, conditions, or provisions of this Agreement which shall in all respects remain a legally binding Agreement with the invalid portion being deleted; provided that the validity of any such covenant, condition, or provision does not materially prejudice either the City or the Operator in its respective rights and obligations contained in the valid covenants, conditions, or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be signed by their duly authorized officers. Dated.at Blair, Nebraska, this 28th day of January, 2003. ATTEST: BRENDA R. TA R, CITY CLERK CITY OF BLAIR, NEBRASKA, A MUNICII'AL CORPORATION, B J E. BEAT •PH, MAYOR tS~-) ATTEST: Secretary BLAIR FAMILY YMCA, INC. By ~:~.uz,,r "ti PrePre d k ~ } RESOLUTION N0.2003- 3 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a new YMCA facility was opened for business in approximately July, 2002 and as a result of said new business, the City of Blair has experienced a tremendous increase in motor vehicle traffic and pedestrian traffic, consisting mainly of children, in and around the area of the location of the new YMCA facility. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA., hereby request that the State of Nebraska Department of Roads perform a traffic speed study on Highway 75 South from approximately Wilbur Street to the southern corporate limits of the City of Blair to determine whether the speed limit on the highway should be reduced to 35 mph due to the increased vehicle and pedestrian traffic in and around the area of the new YMCA facility. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Director of Public Works is hereby authorized to contact the State of Nebraska Department of Roads to make an official request for a traffic speed study and a request lowering the speed limit to 35 mph for the area set forth above. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL - MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28TH DAY OF JANUARY, 2003. 2003 YMCA iraffc CITY OF BLAIR, NEBRASKA B r---~ ~ J E. ALPH, MAYOR ATTEST: BRENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held. on the 28th day of January, 2003. A R. TA O CI LERK 2003 YMCA lzaffic r ` RESOLUTION N0.2003-4 COUNCILMEMBERWOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair provides that the governing body may, by resolution, prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLA]R, NEBRASKA, that the three southernmost parking spaces on the east side of the Blair Swimming Pool Park, near the intersection of 16~ Street and LaFayette Street be eliminated and that "no parking" designation should be erected reflecting the restrictive parking area as established by this resolution. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that following the passage and publication of this resolution, it shall be unlawful for any person to fail, neglect or refuse to comply with said "no parking" restriction. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, FANOELE, SHOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28TH DAY OF JANUARY, 2003. CITY OF BLAIR, NEBRASKA B~~. ~ Y~ JA E. REALPH, MAYOR 2003 Pool LaFayette & 16 parking spots I. a ATTEST: Bl~ENDA R. TAYLC~R,~CTI'Y CLERK (SEAL) STATE OF NEBRASKA ) ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council.of~said -City, held on the 28th day of January, 2003. ~, ,~ B NDA R. TAYLOR, CLE 2003 Pool LzFayette & 16 parking spots RESOLUTION N0.2003-5 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the. City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIIt, NEBRASKA, that parking is prohibited on the north side and south side of Wright Street and College Drive between Highway 75 North and 32°d Street in the City of Blair, and that the Street Department of the City of Blair is hereby authorized and directed to place signs reflecting the no parking area as established hereby at necessary intervals along said restricted parking area. BE IT FURTHER RESOLVED that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said parking restriction. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS STEWART, FANOELE, SHOTWELL, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR, VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28TH DAY OF JANUARY, 2003 CITY OF BLAIR, NEBRASKA ATTEST: ,' RENDA R. TA~'~ ,CITY CLERK BY S E. REALPH, MAYOR (SEAL). ', STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 28th day of January, 2003. d ~ ~~ B NDA R. TAYLOR, CLERK RESOLUTION N0.2003-6 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, as follows: 1. The City of Blair is considering the annexation of certain real estate contiguous to the City of Blair, Nebraska and a description of the boundaries of the proposed real estate for annexation is as follows: Tax Lot 229 in Section 7, Township 18 North, Range 12 East of the 6~ P.M., Washington County, Nebraska; Tax Lot 57 in Section 7, Township 18 North, Range 12 -East of the 6`" P.M., Washington County, Nebraska; Lot 3 in Skobo Acres, a Subdivision in Section 12, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; Tax Lot 38 in Section 1, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; Tax Lot 123 in Section 2, all in Township 18 North, Range 11 East of the 6~` P.M., Washington County, Nebraska; Tax Lot 84 in Section 1, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; Tax Lot 236 in Section 12, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; Tax Lot 216 in Section 12, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; Tax Lot 185 in Section 14, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; Tax Lot 92 in Section 2, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; Tax Lot 120 in Section 2, Township 18 North, Range 11 East of the 6~ P.M., Washington County, Nebraska; Tax Lot 616 in Section 11, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska; North 28~' Avenue in the SE 1/4 of S~ 1/4 of Section 3, Township 18 North, Range 11 East of the 6~ P.M., Washington County, Nebraska; Tax Lot 225 in Section 13, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska. 2. A public hearing on the proposed annexation to receive testimony from interested persons will be held before the Planning Commission on March 4, 2003 and the Mayor and City Council, CitSr of Blair, Nebraska on March 11, 2003 commencing at 7:00 p.m., or as soon thereafter as the same may be heard, at the City Council Chambers, City Administration Building, 218 South 16~` Street, Blair, Nebraska 68008. '~ 3. The plan of the City for annexation and provision of City services to the above- described real estate is available for inspection during regular business hours in the office of the City Clerk, 218 South 16`" Street, Blair, Nebraska 68008. 4. A map to scale delineating the land proposed for annexation shall be published with this resolution. COUNCILMEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBERS STEWART, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR, VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR .DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 28~ DAY OF JANUARY, 2003 CITY OF BLAIR, NEBRASKA ATTEST: BRENDA R. TA CITY CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON .COUNTY ) B J S E. REALPH, MAYOR BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Maygr and City Council of said City held the 2$th day of January, 2003. L- BRENDA R. TAYLO ITY CLERK Annexation P1an/Ites-2003 City Annexations RESOLUTION N0.2003 - 7 COUNCILIVIEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the 2003 One and Six Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska, as prepared by the City Street Superintendent and dated February 11, 2003 be and is hereby adopted. BE IT FURTHER RESOLVED that a copy of said plan be filed with the Deparhnerit of Roads, State of Nebraska. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR .VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 11'~ DAY OF FEBRUARY, 2.003. CITY OF BLAIR, NEBRASKA ATTESTS - i , BRENDA R. TAYLO TY CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BY S REALPH, MAYOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 11 ~' day of February, 2003. 0 '~ - BRENDA R. TAYLOR, CLERK RESOLUTION N0.2003-8 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been.presented with an Interlocal Agreement with the County of Washington, Nebraska, a copy of said Agreement being attached hereto, marked Exhibit "A" and incorporated by this reference herein; and, WHEREAS, the City of Blair, Nebraska is in agreement with the terms and conditions of said Agreement. NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Agreement attached hereto, marked Exhibit "A", be approved and adopted by the municipality. BE IT FURTHER RESOLVED THAT the Mayor and City Clerk are hereby authorized and directed to execute such. Agreement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF FEBRUARY, 2003. CITY OF BLAIl2, NEBRASKA B --~° S E. REALPH, MAYOR ATTEST: 71- BRENDA R. TAYLOR, CLERK a ~'~T ` (S"'s aa~) STATE OF,NEBRASKA } - " WASHINGTON COUNTY ~ ;ss: BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City. Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a re of said City, held on.the 11th day of February, 20p3~, g of the Mayor and City Council ~~ BRENDA R. TAYLOR, CI CLERK . i ~ 4 ~Y M INTERLOCAL AGREEMENT This Interlocal Agreement entered into by and between the City of Blair, Nebraska (hereinafter referred to as "Blair") and Washington County, Nebraska (bereinailer referred to as "Washington County"}, on this 11th day ofF'ebruary, 2003. WHEREAS, the City of Blair has contracted with Olsson & Associates to develop a GIS System for the City of Blair, Nebraska, and its extra-territorial zoning jurisdiction; and, WHEREAS, Washington County, Nebraska. desires to purchase from Blair a copy of the aerial photograph, parcel map and control map showing real estate parcels and their ownership. FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the parties hereto agree as follows, to-wit: 1. Goods and Services: Blair hereby agrees to provide or cause to be provided to Washington County the following information from Blair's GIS System, to-wit: (a) Aerial photograph of the City of Blair and its two-mile jurisdictional area; (b} Parcel map showing legal descriptions of each parcel of real estate and the specific ownership within the City of Blair and within its two-mile zoning jurisdiction; and, (c) A GIS base map displaying parcels, parcel numbers and owners of such parcels to the extent that such information is contained in the database for the City of Blair GIS project. 2. Purchase Price: Washington County agrees to pay to Blair the sum of Twenty Thousand Dollars ($20,000.00) at time of delivery of the items set forth in Paragraph 1 hereinabove. r E r -~ '~ 3. Updates: The information provided by Blair to Washington County may be updated, from time to time, upon terms and conditions as may be mutually ageed upon between the parties hereto. CITY OF BLAIR, NEBRASKA WASHINGTON COUNTY, NEBRASKA By a, ~~ ~ ~~ RESOLUTION N0.2003 - 9 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska desires to construct a memorial to the Veteran's of the Armed Forces in appreciation of the sacrifice by such Veterans for all citizens of the United States of America. WHEREAS,. the City of Blair, Nebraska acquired a parcel of real estate in the vicinity of the junction of Highway 75 and Highway 30 in the City of Blair, Nebraska and in addition to said parcel of real estate, the Hain-Flynn American Legion Post donated an adjacent parcel of real estate to be used for the construction and maintenance of the Veteran's Memorial. WHEREAS, the Mayor and City .Council deem it advisable to appoint a Veteran's Memorial Committee comprised of members of the City Council and the general public to make recommendations for the design and. funding of the Veteran's Memorial. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council do hereby appoint those persons listed on Exhibit "A" and attached hereto to serve on the Veteran's Memorial Advisory Committee to study and make recommendations to the Blair City Council regarding the design and funding of the Veteran's Memorial. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SCHEVE. UPON ROLL- CALL, COUNCILMEMBERS STEWART, SCHEVE, FANOELE, SHOTWELL, MCMANIGAL, .ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE .MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25~ DAY OF FEBRUARY, 2003. CITY OF BLAIR, NEBRASKA B J E. RE , ATTEST: B NITP. Ia. TAYLOR, CLERK .,, (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY. ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 25~` day of February, 2003. BRENDA R. TAYLOR, CLE C:\MyFilesUohn's Work\Blair, City oflRESOLiTTIONS\vEI'ERAN'S 1vIIIVIORIAL.doc f ~ w WASHINGTON COUNTY VETERAN'S MEMORIAL CONIlYIITTEE ROSTER Mick Mines, Chair Blair John Shotwell, Treasurer/Secretary Blair Don Woodhull Blair Pat Hunsche Bud Robinson Max West Dave Brown Gayle Maine Gary Fanoele Jim Ryan Ray Polley Lonnie Tourek Merritt {Dutch) Klotz George Jipp Hal Jensen Blair Blair Blair Blair Fort Calhoun Blair Blair Herman Arlington Kennard Blair Blair RESOLUTION N0.2003 - 10 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Department of Health and Human Services for the State of Nebraska requires that the City adopt a plan pertaining to the creation and maintenance of the public water system for the City of Blair, Nebraska. BE IT RESOLVED that attached hereto, marked Exhibit "A" and incorporated by this reference herein, is the plan setting forth the construction and maintenance of the Blair public water system in the City of Blair and the same is hereby adopted. BE IT FURTHER RESOLVED that the Director of Public Works for the City of Blair,. Nebraska is authorized to forward a copy of this Resolution and the attached plan to the Nebraska Department of Health and Human Services. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SCHEVE. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF FEBRUARY, 2003. CITY OF BLA1R, NEBRASKA B ~_ ATTEST: BRENDA R: TAYL CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is: the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regulaz meeting of the Mayor and City Council of said city held on the 28~ day of February, 2003. G~Z~ BRENDA R. TAYLOR, CI LERK C:uVIyFilesVohn's Work\Blair, City oflRESOLUTIONS~PLAN FOR WATER SYSTEM FOR HHS.doc Blair Water System 2 & 10 Year Plans Two to Five Year Plan During the next. five years the City of Blair water department. will upgrade its water system by replacing substandard water mains with a priority system. The first priority will be replacing the one & two inch water mains with six-inch water mains with fire hydrants and switching over customer services. There are currently eight-blocks of one & two inch mains in the city that fall under this category. In addition to the undersized mains the City of Blair has dead end mains around the city that need to be Looped into existing mains. This would be the second priority for new main installation. The third priority is replacing four-inch water mains within the system. In many cases the four-inch mains are very old and substandard. In many cases they do not provide adequate water flow for the city's fire department. They will be replaced on a priority biases using past repair records and flow data to determine the ranking of blocks of main to be replaced. There are a total of 94 Blocks of water. mains that fall into one of these three categories. A copy of the scheduled replacement is attached. The city is in the process of updating all of the utility maps including the water atlas. The city is developing a GIS system that will show the location of the water mains, fire hydrants and valves with a database linked to each one of them. The GIS will allow the city to maintain the water atlas currant with upgrades and new additions keeping the atlas currant with m;nTmal work. The atlas should be completed by mid 2003. The city is trying to change the location of the pressure system. Currently the pressure system serves the western portion of the-city which is mainly hilly in nature. The one exception to this is the businesses and homes along _ I~ghway 30 south of.Clark Street. This area is also located on the pressure system but with the replacement of the existing six-inch and eight=inch.water .mains with a new twelve-inch water main that wi11 run from the Highway 133 & 30 intersection to Highway 30 and Lincoln Street intersection it is hoped that the new main and the extension the existing twelve inch main. on Grant Street at 17~ Street to the new main on Highway 30 will provide adequate water pressure and volume to allow it to be removed from the pressure system. As a part of this work an engineering analysis is being conducted on the hydraulics of the proposed twelve-inch water main along Highway 30 with the interconnection to the twelve-inch water main on Grant Street to verify if the volume and pressures will be adequate to supply the service area without the support of the Dana Pump Station. In the near future the city of Blair needs to conduct a system wide hydraulic study to determine the overall condition of the water system and where if any possible improvements need to be made. This study should happen shortly after the GIS is completed using the information in the GIS. Ten Year Plan The City of Blair's Ten Year plan will include all of the items listed in the two year plan plus the following: • The City of Blair will need to locate a site and build additional water storage capacity within the system. The location and size of the reservoir can best be determined after the hydraulic study is completed. There currently a study by the NRD to possibly construct a new rural water system south of the city and every effort needs to be made to do joint projects to maximize return on investments including the additional water storage. • The city needs to loop the feeder mains on the south side and on the north side of the city to allow the system to maintain more balanced pressures and volumes. This project maybe completed with the development of the new rural water district south of the city by the NRD. • The City of Blair needs to develop emergency water connections with other water sources. The long term goal would be to make a common connection with Metropolitan Utilities District in Omaha through the new rural water district being proposed by the NRD along Highway 133 corridor. A second emergency connection could be made with , the Logan East rural water district to the north of the city. They receive their water from Fremont. In both cases the city of Blair will need to enter into agreements with both rural water districts and both MUD and the Fremont Utility districts. These connections would need to be set up to provide emergency domestic water to the city's customers. These connections would not provide for industrial demands. ~ The city's comprehensive plan also outlines additional proposed capital system improvements of which a copy of the schedule is attached and incorporated into this plan. Water Main Improvement Schedule Scheduled for 2003 1. Replace 1" main with new 6" main on 200i Street from Front Street to North end 1 Block 2. Replace 2" main with new 6" main on Davis Street from 2001 Street to Highway 30 1 Block 3. Extend 6" dead end main with new 6" main on 2701 Street to College Drive 1 Block 4. Replace 11/2" main with new 6" main from 1101 & Adams to 100i & Adams Streets 1 Block 5. Re~lace 1" main with new 6'main from 1001 & Adams Streets to i0 & Fairview Streets 1 Block 6. Extend 6" main with new 6" main from 100i Ave & Fairview to 100` & Fairview Streets 1 Block 7. Extend dead end 6" main with new G" main from 553 N 1901 Street to 1901 & Wright Streets 1 Block 8. Extend 6" main with new 6" main from 1901 & Wright Streets to 2001 Ave & Wright Street 1 Block 9. Extend dead end 6" main with new 6" main from 1801 & Park Street to 22'~ & Park Streets 4 Blocks 10. Extend 6" main with new 6" main from alley between Nebraska and State Streets to 1801 and State Streets then east to 170i and State Sts 1 Block 11. Extend 6" main with new 6' main from 2001 & Nebraska Streets to south end of 2001 Ave. 1 Block 12. Extend 6" main with new 6" main from 21~ & Nebraska Streets to south end of 21 ~ Street 1 Block 13. Replace 1" main with new 6" main from 120i & Fairview to 1201 & Adams Streets 1 Block 14. Replace 1" main with new 6" main from 1401 Ave & Wright Street to 1401 & Wright Streets 1 Block 15. Replace 2" main with new 6" main on Hollow Stone from Butler to Butler Streets 2 Blocks 16. Extend 12" main with new 12" main from 1701 & Grant Streets to 190i & Grant Streets 2 Blocks 17. Re~lace 4" main with new 6" main from 1101 & Colfax Streets to 20 & Colfax Streets 9 Blocks Extend new 12" main from 110i & Lincoln Streets to 1101 & Colfax Streets 2 Blocks Total: 32 Blocks Scheduled for 2004 18. Replace 4" main with new 6" main from 21 ~ & South Streets to 1001 & South Streets Il Blocks 19. Replace 4" main with new 6" main from 1201 & South Streets to 1201 & Lincoln Streets 3 Blocks Total: 14 Blocks Scheduled for 2005 20. Replace 4" main with new 6" main from 9~ & Grant Streets to 22nd & Grant Streets except from 17~' & Grant Streets to 19`~ & Grant Sts 11 Blocks 21. Replace 4" main with new 6" main from 22nd & Grant Sts to 22nd & Washington Streets 2 Blocks Total: 13 Blocks Scheduled for 2006 22. Replace 4" main with. new 6" main from 23rd & Washington Sts to 19 & Washington Sts 4 Blocks 23. Replace 4" main with new 6" main from 21 ~` & South Streets to 21~ & Davis Streets 1 Block 24. Replace 4" main with new 6" main from 16a' & Butler Streets to 131/2 & Butler Sts 2.5 Blocks 25. Replace 4" main with new 6" main from 17~' & Nebraska Sts to 18~' & Nebraska Sts 1 Block 26. Replace 4" main with new 6" main from 17~' & Park Streets to 17d' & State Streets 2 Blocks 27. Replace 4" main with new 6" main from 23rd & Park Streets to 23rd & Washington Streets 4 Blocks 28. Replace 4" main with new 6" main from 22nd & Park Streets to 23rd & Park Streets 1 Block Total: 15.5 Blocks Scheduled for 2007 29. Replace 4" main with new 6" main from 20d` Ave & Park Sts to 20d' Ave & Wright Sts 2 Blocks 30. Replace 4" main with new 6" main from 19a' & Park Streets to 19~` & Nebraska Streets 1 Block 31. Replace 4" main with new 6" main from 27~` & Hansen Drive to 27d' & College Drive 2 Blocks 32. Replace 4" main with new 6" main from 16~'' & State Streets to 10~ & State Streets 6 Blocks 33. Replace 4" main with new 6" main from 21 ~ & Front Streets to north end of road 1 Block 34. Replace 4" main with new 6" main from 23rd & front Streets to 20'~ & Front Streets 2 Blocks 35. Loop dead end mains on 20d` & 21 ~ Streets north of Front Street along the Railroad right-of--way with new 6" main. 1 Block 36. Switch over services from 24a' &.Nebraska Streets to 22nd & Nebraska Streets from 4" main to 12" main 2 Blocks 37. Switch services from 4" main to 6" main from 16~ & State Sts 171/2 & State Sts 1.S Blocks 38. Switch services from 4" to 8" main from 18d' & NE Sts to 19d' & NE 1 Block Total: 19.5 Blocks Grand Total: 94 Blocks - - There are no significant problem areas in the existing water system for the City of Blair. The City of Blair has a continuing - improvement program to upgrade distribution pipes to a minimum 6" diameter. The City of Blair replaces much of the older water main piping whenever street reconstruction projects - are undertaken. The soils and water conditions in Blair are not acidic; therefore, water main breaks are very infrequent because the pipe seems to last a long time. The City of Blair has budgeted through the rate study approximately $100,000 per year for water main replacement program. When streets are reconstructed, both the sewer and water mains are investigated and replaced when necessary. North Water Main Loop. To serve the proposed development " area on the north side of Blair, it is proposed to run a north water main loop to open this area up for development. The north water main loop is identified on Illustration 5.2, Public Utilities Service Area Map. The north water main loop will follow in the corridor of the proposed north bypass street corridor. The north water main loop will connect to the existing i 0" water main .located at the intersection of West Ridge Drive and Twenty- eighth Avenue. The north water main loop will then continue - - north on Twenty-eighth Avenue to the intersection with Highway - 75 where it will run east in the.corridor of the north bypass street to its intersection with Tenth Street. The north water main loop will then continue on following the north bypass street to its connection with the existing 24" water main located in the street right-of-way accessing the water treatment plant to the east. Tenth Street Water Main Tie. A water main connection exist between the proposed north water main loop and the existing 16" water main in Jackson Street at Tenth Street. This water-main tie will fortify the existing water system on the north side of the City of Blair. In addition, this water main tie will allow the north water main loop to be phased in by construction of the loop west of lUth Street independently of the water main loop east of Tenth Street. Blair Comprehensive PlaniEconomic Profile & Plan - 2006 Chapter 5 5.22 Southeast Water Main Loop. -The southeast water main loop is proposed to serve the industrial area east of Tenth Street between Highway 75 on the south and Highway 30 on the north. This southeast water main loop will connect the existing 12" water line at Third and Grant Streets to the existing 6" water line located in Highway 30 at the south corporate limits. Westside Water Feeder~Main (16" Diameter). It is proposed ~~~~~ +tn to construct a new 16" water main to reinforce and boost pressures and flow volumes in western Blair. The westside p feeder main will tie into the existing 14" water main located just south of the intersection of Nebraska and Sixteenth Street. The water main will run north to Park Street where it will turn and y head west down Park Street. The water main will turn and head north from Park Street in Twenty-first Street. The water main will run north in Twenty-first Street to the intersection of Wright where it will turn and head west in Wright Street and College Drive to its connection with an existing i 0" water main at Twenty-seventh and. College Drive. Construction of this new I6" water main will enhance the water system in western Blair. South High Pressure Zone Water Main and Sixteenth Street Ground Water Storage Reservoir. In order to serve the ' _ / proposed future development area located between Tenth Street ~,~,~ ~ and Highway 30 south of the existing corporate limits, it is proposed to construct a new high pressure zone water main along the north-south ridge line from the existing south reservoirs. This new water main would extend south and terminate at a new Sixteenth Street ground water storage reservoir located on the high ridge immediately south of the development area. This water main would then open up this area for residential development. `~ South Highway 34 Water Main Tie. It is proposed to connect a ~~~1e +~ new water main from the proposed water main at the proposed ~~~,~ t~ Sixteenth Street water storage reservoir west to tie in with an existing 8" water main located on the east side of Highway 30 near the south corporate limits. The existing water main in Highway 30 is a long dead-end water main. Blair Comprehensive P1anlEconomic Profile & Plan - 2006 Chapter 5 s.14 Construction of this water main tie will eliminate the existing dead-end water main situation and increase flows and pressures the Highway 30 south area. It is recommended that this water main tie be constructed as soon as funding becomes available after the proposed reservoir has been constructed and placed in service. A water procurement study was recently completed by Kirkham, Michael for Kennard, Nebraska. The recommended water main .source for the Village ~of Kennard -is the City of Blair's water main system. This connection would be made at the end of the existing 8" water main in Highway 30 south. The proposed improvements consist of a new booster pump station including two 100 gpm pumps. This would require 25,000 feet of 6" water transmission main to connect to the Village of Kennard's water main system. _ Kennard would construct a new 115,000 gallon water tower in order to provide water storage for fire fighting purposes. Please refer to the Water Procurement Study for Kennard,- Nebraska darted July 1996 for additional information. In conjunction with the design of the south high pressure zone f: water main and the proposed Sixteenth Street water storage reservoir, a booster pump station and connector main to the 8" water main in Highway 75 south should be investigated for feasibility and effectiveness. This pump station and connector main will regulate pressures for delivery of water in the Highway 7~ corridor. In addition, the booster pump station may be used to regulate pressures in the Highway 30 west comdor~as well: 'The previously mentioned improvements required to serve the proposed development areas in the City of Blair are shown on Illustration 5.2. The actual size-and routing of these water main facilities will be determined during a design, once development is warranted. At this time, other than the- new Sixteenth Street ground water storage reservoir identified to serve a new high pressure zone on the south end of Blair, no additional water storage. reservoirs are needed to support the existing water main system. f f Blair Comprehensive P1anlEconomic Profile &. Plan - 2006 Chapter 5 5.15 The growth of industries in southeastern Blair is projected to require periodic expansions of the water treatment plant by 5,000,000 gallons per day, approximately every four years. The total anticipated need for the water treatment plant is 20, 000, 000 gallons per day. . TABLE 5.1 BUDGETING COSTS FOR PROPOSED IlVIPROVEMENTS TO THE WATER SYSTEM BLAIR, NEBRASKA Approximate Project Cost .. Improvement Description Quantities (1996 $) • Linear Feet North Water Main.Loop (West of 10th Street) 11,500 LF ~ $460,000 North Water Main Loop (East of 10th Street} 7,000 LF $280,000 10th Street Water Main Tie 2,500 LF $100,000 Southeast Water Main Loop 7,500 LF $300,000 South Highway 30 Water Main Tie 2,000 LF $100,000 South High Pressure Zone Water. Main 5,500 LF $220,000 Sixteenth Street Ground Water Storage Reservoir (200,000 gallon ground water reservoir} NJA $200,000 Westside Water Feeder Main (16" Diameter} 6,500 LF ~ $400,000 Blair Comprehensive Plan/Economic Profile & Plan - 2006 Chapter 5 5.16 ,SA1VI7ARPSEWER The existing sanitary sewer system serves the majority of the SYS~'EM developed area within the existing corporate limits of the City of Blair. The sanitary sewer system in Blair is reported to be in relatively, good condition. The entire -City of Blair is served by a gravity .sanitary sewer system, therefore, there are no lift stations. - The majority of sewer lines are 8" diameter pipes with-larger lines serving the lower reaches of the sewer system. - . Construction materials for sewer mains generally include vitrified clay, ductile iron and plastic sewer pipe. The City of flair owns and maintains asecondary -wastewater- treatment plant located adjacent to the water main plant in eastern Blair. This secondary wastewater treatment plant includes activated sludge treatment. - The City recently completed a new sludge stabilization project to bring the City in compliance with new sludge regulations promulgated by regulatory agencies. The existing wastewater treatment is adequately sized to handle the current City needs. However, the City should implement a program to plan for the • eventual expansion of the. wastewater treatment plant to handle anticipated future needs. Fish Creek Interceptor Sewer. There is an existing north ~= interceptor sewer that parallels Fish Creek in northern Blair to approximately the north corporate limits in the City of Blair. The future land use plan shows the area to the north of the existing corporate limits to be an area of future expansion for the City of Blair. The area northeast of Fish Creek is designated as a future industrial growth area. The area to the west of Fish Creek is designated to be residential, In order to open up this area for development, it is proposed to extend -the Fish Creek interceptor sewer from the existing north interceptor sewer northwesterly parallel to Fish Creek to Caubie Creek. This interceptor sewer will serve the western portion of the industrial area and the eastern portion of the future residential areas. Northwest Interceptor Sewer. The northwest interceptor sewer . will connect with-the previously described Fish Creek interceptor sewer at Cauble Creek and will head in a westerly direction to Highway 75. This interceptor sewer will serve the western residential future development area. Combined with the Fish Creek interceptor sewer, the northwest interceptor sewer will allow for full development of the growth area identified on the future land use plan. Blair Comprehensive Plan/Economic Profile & Plan - 2006 - Chapter 5 5.17 ~ I ~ ~ ~j ~! e ----- -i ~, ~~ 1 a °' x _ g _,.~J r-~ ~ I ~ I I ~ ~ I~ ~ I ~,\ f ~ I / ~ ( vu ~ 1 a ,~ m _ .'~' ~'-~, r- r / w , .ill i!;'~'. ~~t~ ' I . :. , ~' ~ '~ ~ , Z =ji m _ ~o ~, I •~ ...,• `~• :-•~r. i to .,.,- p~ Z ~~;::`:~ F ,-~ I ~,~ '`~~, .gym `'' ~'' ~ ~ ':~.• ~' ~., ~~;; ; - I III"-\ _~4 r-•~. •`~r 3 .' ':I {`~'•• lt~, -----~--•-a- n ~.-. ' ' - - I t -- _ mjlzs j vv . Y_ .~ •:.; : -;I`_ R=- ~~;~7 • •'! 1 ~ ~ ,t, i '• 1' yea ~,,;.r'. 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I ' UUU t . 4 ' I ' ~,,, rarrr i •~r. ..r.r, ~ rrnor~cr .1re , a a .. b r 7'. °' b b b h p 1 1 1 ~ .• w a e a t ~ 1 ! 1 1 ! 3 ~ s ~ 1 : - 1 ~ = ' a ~ i _ 1 1 1 1 ~ 1 i =~~~ 1 ' q ~ E p 9 Oili • 1 1 ° , 1 ~ ' a 1 a ~ ~ 1 ~ s a Q111 i 1~ e ~ 1 q e o b 1 / 1 b\ q q q 1 I I / K ~ ! 1 i 1 4 q 1 ~ 1 ~ ~ `~ q a t _e „ n ~ I b l a 1 , 1 ea 1 ~ ~ i ~ I ~ ~~ 1 la 1 a ~, I 1 ~ .I zl ti ~ t :1 e ° a ' 1 1 q ~ ~ 1 7 e 1 ' 1 ' I a a ~ q a 1 SA ~ . 1 1 e 1 ! 1 I' ' 1 1 1 1 1 ® 1 ® ! 1 M I 11 e • , 1 ~ a i~ b ' • 1 a q 1 ° •1 ~ ® 1 1 a i s 1 1 1 i b bh ® ' qq q ql •1 • ® • 1 ~ ~ 1 • I { ~ y ~ g I S s f 1 • q n - ~ ~ ! 1 a • a as L • 1 1• ' 1 q 1 i `I 1 1 ! 1• ~ 1 ~ ~ a 1 L .+ 1 1 1 nn .u.~~ ^u^ee ~ r•• ~ 1 q q s q 1 1 1 1 1 ~ d 1 7' s 1 .. •i • ~ 1 q ~ bq . ° p ° ~ ~-- .. b I t ~ t, 1 11 • 1 p 0 s 1 ~ q i 9 !. 1 t a ~ 11 1 q rq ~ ~ 1 Iq 1 ' 1 ~ b AI ~ 1 1 1 q J 1 ! ,' r 1 p 1 ' ' s, 1 ®e ' G - s ' b ~ •b 1 a 1 . 1 1 1 1~ 1 1 1 1 1• • •• 181A • .ir '..• urrrn au. .~ ~. f' 11 q ~ Ip ! 1 1 1 1 1 l 1 la 1 S , l y s p a rim 1 1 b ~ 1 n Is ~ a 1 s 1~ - Fr - ~ 19 ' ~ - ~ ~ ~ ~ u~ ~ ,. rl I 1 ~ 1~ 1 t1:r11 ~ d~ ~ ~ N ~ ~ it ! _ • _ ~ _ • l 'i i~_~ i I ~.~ ' RESOLUTION N0.2003-11 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, is an eligible unit of a general local government authorized to file an application under~the Housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant Program, and, Cranston-Gonzalez National Affordable Housing Act of 1990 (HOME Program) funds distributed by the Department of Economic Development through the Nebraska Affordable Housing Program. WHEREAS, the City of Blair,. Nebraska, has obtained its citizens' comments on community development and housing needs; and has conducted a public .hearing upon the proposed application for an amount of $400,000 for the development of up to 26 apartment units (13 duplexes) for independent seniors. whose age and income qualify under the Low Income Housing Tax Credit Program and Affordable Housing Program, administered by the Nebraska Investment Finance Authority and the Nebraska Department of Economic Development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Blair and the Nebraska Department of Economic Development so as to effect acceptance of the grant application. COUNCILMEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER STEWART. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR, VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF MARCH, 2003 CITY OF BLAIR, NEBRASKA BY S E. REALPH, MAYOR .- ATTEST: ,~~~~~~- BRENDA R. TAYL CITY CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R.. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 1 lth day of March, 2003. ~ l' BRENDA R. TAYLOR, CLERK s RESOLUTION N0.2003 - 12 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, for several years, the Mayor and City Council have discussed the possibility of a Highway 30 Bypass .{hereinafter referred to as `Blair Bypass") around the City of Blair to enhance safety and to reduce truck traffic through the downtown business district; WHEREAS, a Blair Bypass would improve the state highway system in and through the City of Blair, Nebraska; WHEREAS, in order for the Blair Bypass to be considered for federal funding, it is necessary for the City to have an environmental impact study performed, said study to be performed at the sole cost of the City. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and City Council hereby agree to enter into a Consultant Agreement with HWS Consulting Group-(hereinafter referred to as `BWS") for the purpose of conducting the Blair Bypass Environmental Impact Study. Attached hereto, marked Exhibit "A" and incorporated by this reference herein is a copy of the Consultant Agreement. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Mayor is hereby authorized to execute and deliver a copy of the Consultant Agreement (Exhibit "A").which, among other things, provides for periodic payments to HWS in the total approximate amount of Four hundred Thousand Dollars ($400,000.00). COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHEVE. UPON ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE, STEWART, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF MARCH, 2003. CITY OF BLAIIZ, NEBRASKA. BY S REALPH, MAYOR ATTEST: ~- BRENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) Brenda R. Taylor hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of March, 2003. BRENDA R. TAYLOR C CLERK AGREEMENT FOR SERVICES BETWEEN HWS CONSULTING GROUP INC. AND THE CITY OF BLAIR, NEBRASKA THIS AGREEMENT is made effective as the (1 ~ day of by and between the City of Blair, Nebraska (Client) and HWS Consulting Group c. (Consultant). WITNESSETH THAT: WHEREAS, the client desires to retain the Consultant to provide certain services with respect to Client's project known as Blair Bypass Environmental Impact Study (the Project) as illustrated on Exhibit A attached hereto and incorporated herein by this reference (the Project); and NOW THEREFORE, the parties hereto do mutually agree as follows: A. Employment of Consultant and Scope of Work. The Client hereby agrees to engage the Consultant, and the consultant hereby agrees to perform those tasks and activities as outlined in the Scope of Work and approved by the client as illustrated on Exhibit B attached hereto and incorporated herein by this reference (the Scope of Work). B. Time ~of Performance: The services of the Consultant are to commence as soon as practical after execution of this Agreement. The contract and noted products shall be as set forth in Exhibit B attached hereto and incorporated herein by this reference (the Schedule of Work). C. ~ Conflicts of Interest. No officer or employee of the client, and no other public official of the governing body of the locality or localities in which the prof ect is situated or being carried out who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which effects his/her personal interest or the interest of any corporation, partnership, or association in which he/she is, directly or indirectly interested, or have. any personal or pecuniary interest, direct or indirect, in this Agreement. Additionally, no member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this contract or to any benefit arising therefrom. D. Ownership and Use of Documents. Documents, diagrams, sketches, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant's service for use solely with respect to the Project and unless otherwise agreed, the Client shall retain all ownership rights, including copyright rights. The consultant may retain copies, include reproducible copies of drawings, specifications,. and other documents for information and reference in connection with the Project. F:\MarketnglPROPOSAL\Blair\Contract Agreement - Blair.doc 1 E. Personnel and Subcontracting. The Consultant will secure, in accordance with the Scope of Work, all personnel required in performing the services under this contract. No portions of the work or services covered by this Agreerrient shall be subcontracted, and no substitution of personnel shall be permitted without prior written consent of the Client and cognizant state and federal agencies. F. Assi ability. The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written consent of the client, and cognizant state and federal agencies. Such restriction shall not apply to-any assignment of earnings by the Consultant, except that the' Client shall be notified of any such assignment. G. Termination of Contract for Cause. If through any cause, either party shall fail to fulfill in timely and proper manner his- obligations under this contract, or if either. party shall violate any of the covenants, agreements, or stipulations of this contract, the other party shall thereupon have the right tot ;Hate this contract by giving written notice of such termination which shall be effective upon receipt of the written notice. In that event, all finished~or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this contract shall, at the option of the Client, become property. of the Client, state and federal grantor agencies, and the Consultant shall be entitled to receive. just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the consultant shall not be relieved of liability to the Client for any damages sustained by the Client by virtue of any breach of the contract by the Consultant, and the Client -may withhold any payments to the consultant for the purpose of set-off until such time as the exact amount of damages due the Client from the Consultant is determined. H. Termination for Convenience of Client. The Client may terminate this contract at any time by giving written notice to the Consultant of such termination which shall be effective upon receipt of the written notice. In that event, all finished or unfinished documents and other materials as described in Paragraph I above shall, at the option of the Client, become property of the client and its grantor agencies. If the contract is terminated by the Client, as provided herein, the Consultant will be paid for services rendered through the date of termination. I. Additional .Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of Additional Services with respect to the Property. Any such agreement shall be set forth in writing in an Addendum in substantially the form of Exhibit C and shall be executed by the respective parties prior to Consultant's performance of any Services thereunder. Upon proper completion and execution of any such Addendum, such Addendum shall be incorporated into this Agreement and shall have the same force and effect as if the terms of such Addendum were a part of this Agreement as originally executed. The performance of Services. pursuant to an Addendum shall be subject to the terms and conditions of this Agreement except where the Addendum provides to the contrary, in which case the terms and conditions of any such Addendum shall control. In all other respects, any Addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. F:\Marketag\PROPOSAL\Blair\Contract Agreement - Blair.doc 2 J. Performance of Additional Services Prior to Execution of Addendum. The parties hereto agree that situations may arise in which services- other than those described on Exhibit B are desired by the Client and the time period for the completion of such Services makes the execution of an Addendum impractical prior to the commencement of the Consultant's performance of the requested Services. The Consultant hereby agrees that it shall perform such Services upon the oral request of the Client, pending execution of an Addendum, at the hourly rates specified on Exhibit D attached hereto and incorporated herein by this reference. K. Compensation: The total cost to the Client for the performance of work pursuant to this Agreement, shall not exceed Three Hundred Eighty One Thousand Two Hundred and Fifty ($381,250.00) Dollars. This amount will include ALL project costs including labor, general and administrative overhead, fixed fees, travel, materials, supplies, subcontracts, and miscellaneous. 2. The Consultant shall receive payment pursuant to the paragraphs below: a. -Labor Services The Client shall compensate the Consultant for labor services on the basis of hourly rates~for person hours spent on the project in accordance with the individual rate schedules outlined in Exhibit D. b: Reimbursable Expenses The Consultant shall be reimbursed for actual expenses as shown in Exhibit D. These costs shall not exceed the amounts shown in Exhibit D. L. Allowable Costs and Documentation: 1: Allowable cost must,be made in conformance with the project description and the project budget, and all other provisions of this contract, and: a. Be necessary',in order to accomplish the project. b. Be reasonable in amount of the goods or services purchased. . c. Be actual net costs to the Consultant (i.e., the price paid minus and refunds, rebates, or other items of value received by the consultant which have the effect of reducing the cost actually incurred). F:\Tvlazketng\PROP03AL\Blair\Contract Agreement - Blair.doc 3 d. Be incurred (and be for work performed) after the date of this contract, unless specific authorization from the Client to-the contrary is received. e. Be treated uniformly and consistently under accounting principles and procedures approved or prescribed by the client for its contractors. 2. All costs charged to'the project, including any approved services contributed by the consultant or others, shall be documented-and supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing, in detail, the nature and propriety of the charges. M. Method of Payment. The Client shall pay the Consultant on a monthly basis. The payment shall be made upon the Consultant's submission of a bill for the previous month's expenses and the Client's approval thereof.'. Such billing shall be made as hereinafter provided in this section. 1. An itemized invoice', (identified as INVOICE FOR (month 2003) for the Consultant's eligible. costs incurred that month. Said invoice shall be received by the Client on or before the first Tuesday of the month following the month for which payment is being requested. The Client shall remit one hundred (100) percent of the amount of the approved invoice within 30 days of invoice receipt. Invoices received after the first Tuesday of the following month will be payable within 60 days of invoice receipt. 2. For the final month, an itemized invoice (identified as FINAL INVOICE) for Consultant's eligible costs shall be submitted upon completion of the project when project' deliverables are approved by the Client, and state and federal grantor agencies. The Client shall remit one hundred (100) percent of the amount of the approved invoice within sixty (60) days of invoice receipt if deliverables are approved. N. Noncompliance. In the event of the Consultant's noncompliance with this contract, the Client shall impose such contract sanctions as it may reasonably determine appropriate, including, but no limited to: f 1. Withholding of payments under the contract until the Consultant complies, and/or 2. Cancellation, termination, or suspension of the contract in whole or part. O. Amendments. The terms of this agreement shall not be waived, altered, modified, supplemented; or amended, in any manner whatsoever, except by written instrument signed by both the parties and approved by Client and its state and federal grantor agencies. While not F:lMarkecng~PROPOSAL1Blair\Contract Agreement - Blair:doc 4 anticipated, any amendments or contract extensions will be negotiated based upon the same rates as indicated in this contract. P. Interest of Consultant. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this contract. The Consultant further covenants that in the performance of this contract no person having any such interest shall be employed. Q. Publication. Reproduction, and Use of Materials.. No material produced in whole or part under this Agreement shall, during the life of this Agreement, be subject to copyright in the United States or in any other country. Permission and approval must be obtained from the Client and its state and federal grantor agencies before any report, handbook, cassettes, manual, interim data, or results are published. Draft copies of all deliverables must be prepared by the consultant and reviewed and approved by the Client, and its state and federal grantor agencies before publication. The consultant, subject to the approval by the Client and its state and federal grantor agencies, shall have the authority to publish, disclose, distribute and otherwise use in whole and party, any reports, data, or other materials prepared under this Agreement. R. Responsibility for Claims and Liability: Any and all employees of the Consultant or other persons while engaged in the performance of any work or services required by the Consultant under the Agreement, shall not be considered employees of the Client; and any and all claims that may or might arise under the Workmen's Compensation Acts of any state on behalf of said employees or other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the consultant, or any person employed by the Consultant,. while so engaged on any of the work or services to be rendered shall in no way be the obligation or responsibility of the Client or state and federal grantor agencies. 2. The Consultant will indemnify, keep, and save harmless the Client or state and federal grantor agencies and all of their officers, agents and employees from all suits, actions, or claims of any character brought fore or on account of any injuries or damages incurred by any persons, organizations, or property resulting from the negligent operations of the Consultant in prosecuting work under this agreement. S. Deliverables and Products. The Consultant shall provide the Client with deliverables and product within the established schedule as outlined in Exhibit B. T. E ua~ployment OnpOrtum~ty. In connection with this proposal, and any subsequent contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, disability, sex, or status regarding public assistance. The consultant will take action to ensure that his employees are fairly treated during employment without regard to their race, color, creed, religion, national origin, disability, sex, or status regarding public assistance. Such actions shall include, but not P:uVIarketnglPROPOSAL\Blair\Contract Agreement - Blair.doc 5 be limited to the following: employment, upgrading, demotion, ar transfer; recruitment, or recruitment advertising, layoff or termination; rate of pay or other forms of compensation; and selection for training, including internship and/or apprenticeship. The Consultant fixrther agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Consultant will furnish all necessary information and reports and will permit access to his books, records, and accounts by the Client and/or its representatives including state and federal agencies, for purposes of investigation to ascertain compliance with non-discrimination provisions of any resultant contract. U. Successors in Interest. The provisions of this agreement shall be binding upon and shall ensure to the benefit of the parties hereby, and their respective successors and assigns. V. Waivers. The failure of the Client and state and federal grantors to enforce any provisions of this contract shall not constitute a waiver by the Client or its state and federal grantors of that of any other provision. W. Notice. All notices, certificates, or other communications shall be sufficiently given when delivered or mailed, postage prepaid, to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. Mr. Michael N. Gorman HWS Consulting Group Inc. 10844 Old Mill Road, Ste 1 Omaha, NE 68154 X. Mer er. This agreement constitutes the. entire agreement between the parties. No waiver consent, modification or change of terms of this agreement shall bifid either party unless in writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Consultant, by the signature below of its authorized representative, hereby acknowledges that the Consultant has read this agreement, understands it, and agrees to be bound by its terms and conditions. Y. Client's Responsibilities. The Client shall do the following in a timely manner so as not to delay the services of the Consultant: 1. Designate in writing a person to act as the Client's representative with respect to the Services. The Client's designee shall have complete authority to transmit instructions, receive information, interpret and define the Client's policies and decisions with respect to the Services. 2. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the Project and the Services. 3. Arrange for access to the Property as required for the Consultant to perform the Services. R:uVIarketng\PROPOSAT..~Blair\Contracf Agreement - Blair.doc 6 1 4. Examine all studies, reports, sketches, and other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the Services. Z. Hold Harmless. The contractor shall save and hold harmless the Client, its officer, agents,. employees, and members from all claims, suits, or actions of whatsoever nature resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this agreement. It is hereby understood and agreed that any and all employees of the contractor and all other persons employed by the .contractor in. the performance of any of the. services required or provided for under this agreement shall not be considered employees of the CLIENT and that any and all claims that may arise under the Worker's Compensation Act on behalf of said employees while so engaged and any and all claims by any third parties as a consequence. of any act or omission on the part of said. contractor's employees .while so engaged in any of the services to be rendered under this agreement by the contractor shall in no way be the :obligation or responsibility of the City. G GROUP INC. Vice President -Transportation Services Authorized to Execute Agreement for: ACCEPTED AND APPROVED BY: (Signature} ~r~mes ~cQl~h (Typed Name) (Date) F:1MsrketnglPROPOSAL1Blair\Contract Agreement - Blair.doc 7 i Aifernative Afignmen~s -Exhibit A ,~ ~ ~~ Y - ., s' ,~~ .~ Z 4 -~ _ .._ 5 ~r _ ~ ~f ~ 1t r ~ jy'. ~ _ .~ `r ~ ~"ST t ; X ~ ~ ~ i ;+'fi14-"T~.S.~L t&%t`i'K:k 1 ~4:,'slt1C Y ~ ti ~ k ~ ~ ~ _ ~ ti ~ '. +u t r. ,. G _ .t. `.,~. -' ~k`:~-}~ Fes},;. '~r r ', .:. ~ ~, •` ~~ ~ '~~.r :. Wry r Y i x~. R f ~. ,. -x. { ., ..~ ~L -F S -. ~rt ti' '' F ~ - i ~ y _ C ~ d r~ ~i~ ~` d/ ~,-. F ~, a ~ ~_ ~ ~~~ qtr ~~ ~ a ~ ~ ~ ~ ~ 4~ ~~; i:, r._ ~ } 7 } _ 3 ~ t - m.r~ ~ 'J s .r~ ~ r ~ x' ~ ~r w ~~ :: ~~ ~ t ~ ~ - _ ~ ;r ~ ~ 1 _ ~.. s . YZ -~ aky r,~ra, t ~ a _ 1 r i ir> a ~ .t ~ - _ - _ ~ ~, ° ~ 1 << ~ , z :. Route A ~y r;' _ ,} ~~ -_ ~ - ~- fr Y '~ Route B ,,;~~`~ ~` ~ T ~ ~ .,_ ~ ' Route G ~< <: ~ ~ Route G Alt ^~ ~ ~ j ~y 4 J -. '' -.~... 1--. 6 ~ c~ i~ ~~ '' ~; ~ ~-:~ '` ~~ ~ ~ ~, , fi~~ Route D ,. ~„ ~~ r,'~ ~- ~ t 1 ~ ~. ,. ~ ~ 'i ~~. ~~ $ ..~. - --- --.~~~ - ~ .~! _. .: PrefPered Alfierative '~ D 7501,5D0 ~ 3,iHIO 4,vOfl 6,O~eef ~~ ~ _ 3 EXHIBIT B CONSULTANT SCOPE OF SERVICES BLAIR BYPASS ENVIRONMENTAL IMPACT STUDY This Scope of Services identifies the tasks and subtasks which HWS Consulting Group (the "Consultant") and its subcontractors will follow in conducting the "Blair Bypass Environmental Impact Study" (the Study). The Consultant will provide coordination of Corridor Alternative Evaluation and Environmental Impact Studies (EIS) for a new roadway along the north, south and east fringes of Blair, Nebraska. The general design concept for the proposed Blair Bypass envisions an ultimate 4-lanerural roadway with consideration to such design features as paved shoulders, controlled access, bridges at creek crossings, at-grade intersections, and 250' :typical right-of--way widths. Greater right-of-way widths may be necessary at steep cut or fill locations. The roadway will likely be constructed initially as a Z-lane facility with the ability to efficiently expand to 4-lanes as traffic. volumes dictate.. The controlled access will be designed with a maximum of 3 accesses per mile, with one access per mile being desirable. This project will be developed to be eligible to receive federal funding. All engineering services, reports, and documents must meet Nebraska Department of Roads (NDOR) and Federal Highway Administration (FHWA) requirements. This may include historic consideration and requirements, and U.S. DOT Section 4 (f} requirements. This study will also be prepared under the Nebraska Locai Operating Procedures for Integrating NEPAl404. All Corridor Study work, documents, and environmental reports shall be accomplished utilizing English units. ` The general scope of services shall include: Incorporate engineering, traffic analysis, route location and transportation planning information in Phase I and Phase II Blair Bypass Studies November, 1999 and June 2001 respectively by Kirkham Michael Consulting Engineers. The traffic analysis and transportation, planning effort contained in these reports will be the basis for traffic projections used in the EIS. No additional traffic data collection is anticipated. Review existing records and reports, and consult with City, County and State staff and coricemed agencies to familiarize the consultant with the project area ~ and. provide background for preparation of environmental reports. Perform an effective program of public participation including the conduct of a partnering effort involving representatives of the Nebraska Department of Roads, Federal Highway Administration, Blair City staff and various groups. Prepare a "draft" Environmental Impact Statement (EIS) and distribute. The EIS shall conform to the guidelines in FHWA Technical .Advisory T 6640.8A and other FHWA document requirements currently in effect. Information in the EIS shall include historic considerations, noise studies, hazardous waste sites, wetlands, accident data, traffic volumes, land. acquisition, cost estimates for each alternate, relocation of occupants and/or businesses, and park land or institutional involvement. Prepare documents required in the Project Development process, including but not limited to meeting and hearing notices, maps and graphics for presentations at the various meetings and public hearings, and mailing to agencies, groups and individuals listed in the EIS. Assemble, and copy all correspondence from the public and agencies received concerning the project. Prepare, publish and distribute fifty (50) bound copies of the "Final" Environmental Impact Statement. Ultimate responsibility for the contents of the EIS will be acknowledged by signature and seal of a professional engineer licensed to practice engineering in the State of Nebraska The participating agencies will provide available relevant studies, reports, mapping and data at no cost to the Consultant. The Consultant shall return such material at study conclusion. The agencies will also provide meeting facilities, as warranted. More specifically: 1. The City will provide public and Committee meeting rooms and attendant equipment. 2. The City will: Provide public hearing room; Record public hearings; Prepare public hearing transcripts; and will provide Available traffic statistics, mapping, relevant studies, and public information services. 3. The State -will review interim reports and provide comments to -thee City and consultant regarding content and process. The Consultant will work closely with the relevant agencies and committees relative to the study. Technical Committee -One Technical Committee will be formed. Consultant team will meet with this Committee up to 8 times in Blair. Inter-Agency Scoping Meeting -One Inter-agency scoping meeting is anticipated. Workshops - Up to 4 other workshop sessions with effected landowners are envisioned. 2 Agency Briefings -The consultant will be prepared to brief the City Council and/or the County Board at two (2) occasions during the study period. Briefings to others are not anticipated. In addition, the Consultant will include the general public in the study process. Such participation will include: Public Meetings -The Consultant will participate in up to two (2)~public meetings in Blair. Public Hearing -One public hearing will be held following completion of the DEIS document. the City will handle the hearing, including recording and transcripts. The Consultant will prepare handouts.and/oruisual materials for use in all meetings. I imitations to Gens~l an ' Werk ees 1. The City will handle the public hearing, will tape them, will prepare the manuscript results, and will provide the meeting space. The Consultant will attend and present information. 2. The City will handle information (media, present study at civic groups, etc.). The Consultant will present information at public meetings, but City will provide public meeting space. 3. Consultant will conduct no land appraisals and will do no video or photo imaging. 4. If a' 4(f) statement is to be developed. for any park or historic .property,, a supplemental agreement will be required. 5. The plans and profiles level of effort completed in Phase 1 and 2 by the City of Blair are sufficient for the purposes of this EIS. No additional mapping by the Consultant is anticipated at this time. If additional plan/profile refinement, survey or other topographic information is needed, it will be provided to the Consultant by the City at no cost to the Consultant or a supplemental agreement will be required. 6. Only altematives associated with the development, of routes 1 (US30 South to US75 South), 2 (US75 South to US30 East), and 3 (US30 East to US75 North) will be evaluated. The study area and total number of route altematives are illustrated on exhibit "C." 7. Level of effort assumes no additional work between DEIS and FEIS other than that stated in the scope of work. 8. The Consultant will identify the permits that will be needed. Permit applications, however, are not part of the study scope. _n ral A~, rn each d~.lerk Tasks and IL".il _c on _c Only the alignments identified in the Phase 1 and 2 studies will be considered. The Consultant will evaluate each and, as evidence accumulates, will eliminate those that are 3 impossible, less practical, environmentally unattractive, or inefficient. The study will comprise three work tasks, with each containing various "milestonesn. A written report will be prepared after each milestone. Task 1: Evaluate Candidate Options Product: Milestone A -Determination of Purpose and Need Milestone B -Determination of altematives to be carried forward. Task 2: Draft Environmental Impact Statement (DEIS) Product: Milestone C -DEIS ready for public hearing Task 3: Final Environmental Impact Statement Product: Milestone D -Agreement on preferred alternative Milestone E - FEIS ready for Record of Decision Milestone F -Record of Decision Following is a description of each of these four work tasks. The study schedule for the interim milestone is based on the number of months following written notice to proceed. The schedule is as follows: 1 A 3 B 9 2 C 21 3 D 24 E 36 F 42 In this task study procedures will' be defined, committees will be formed, initial committee meetings will be held, data and base maps will be reviewed, and the bypass altematives identified in Phase 1 and Phase 2 studies. will be evaluated based upon environmental considerations. Relevant sections of the Phase 1 and Phase 2 reports will be used to conduct this evaluation. 4 S~btack 1.1 _ D v len T _r_hnir_al [_nmmGti~po/D~~hr~- o~~t~..~patien Plan 1.1.A Develop Technical Committee -Develop technical committee structure and role, meeting plans and committee membership. 1.1.B Develop Public Participation Plan -Develop, agree upon, and document the overall participation program. ~ l 1.1.C Prepare notice of intent. Prepare and submit to the FHWA a notice of intent to conduct this EIS in accordance with Federal Requirements. S ibta k 1.2 - Ini is r~ r1~ta Cnllar_±inn 1.2.A Develop Base Maps -Collect available mapping, prepare base maps to be used for study purposes. 1.2.B Initiate Agency Discussions -Contact key agencies, conduct one (1) interagency scoping meeting to discuss the study, data needs, etc. 1.2.C Preliminary Data Collection - Collect information from published sources and appropriate agencies on transportation, physical, biological, socioeconomic, and cultural resources in project- area, including; records search of Nebraska State Historical Society and Nebraska State Museum (historic and archeological sites), Natural Heritage Program database (elements of concern; T&E species, plant communities), MRCS (prime and unique farmland soils, hydric soils), NDEQ and USEPi4 (hazardous waste sites), etc. Traffic counts, traffic trends, accident statistics, etc. will be taken from the Phase 1 and 2 Blair Bypass Studies. 1.2.D Geographic Information System -Prepare GIS files. Review to determine what needed data files are not available, and whether there are deficiencies relative to the available data files. Consultant will work in Arc Info format. 1.2.E Project Area Reconnaissance -Drive the complete area, take photos, become familiar with key issues, verify transportation system, and verify locations of corridor constraints. 1.2.F • Depict Corridor Region - Prepare a description of the corridor region, its population, socio-economics, etc. Sib ack 7_ - Id n ify Stfat~gi _ ~cc~~oc ~...~ f~n~~c 1.3.A Study Goals and Objectives - Prepare a statement regarding the study, its goals and objectives, for Committee consideration. 1.3.B Purpose and Need - Prepare a purpose and need statement outlining the purpose and need for the proposed improvement and how it may address existing and future roadway network deficiencies. 5 1.3.C History of Bypass Issue -Briefly summarize the background of the bypass issue, and work completed prior to this study. 1.4.A Field Reconnaissance of Routes -Review each alternative route in the field. Some walking may be needed. 1.4.B Assess Air Quality Issues -Traffic volumes for the project. are lower than the threshold that would result in the requirement of an air study. We do not anticipate the need for an air study on this project. 1.4.C Standing Structure Survey -Includes survey of standing structures and necessary reports for SHPO review. 1.4.D Environmental Comparisons -Assess the finalist alternative(s) in such additional terms as: Environmental justice Land use implications Farmland and soils ` Socio-economic issues Displacement/relocation Water quality Permit needs Wetlands Waterbody modification Floodplain issues Threatened and Endangered species Cultural resources Hazardous materials/waste sites Aesthetics/visual issues Energy Construction impacts Section 4(f) and 6(f) properties Cumulative and Secondary Impacts Railroad and Airports ITS (Intelligent Transportation Systems) Traffic System Management 1:5.A Evaluation Matrix -Compare alternatives in accordance with relevant criteria. 1.5.B Select Alternatives to be carried forward - Seek a general consensus of one to two alternatives for each route to be studied further. 1.5.C Alternative Documentation - Document the rationale for elimination of certain alternatives and selecting the ones to be studied further. 7.6.A Committee Meetings -Two (Z) Technical Advisory Committee meetings will be held in Task 1. One will kick off the study and one will develop consensus on alternatives to be carried forward. 1.6.B Public Meetings - A public meeting will be held to present findings of the alternative evaluation process. In this task the Consultant will prepare the Draft Environmental Impact Statement document. It will summarize all previous work (Task 1) and it will document key aspects of the alternatives carved forward. 2.1.A Agency. Consultations -Additional consultations with regulatory and resource agencies, primarily related to compliance with Section 404 and 401 (wetlands and waters of U.S.), Section 106 (cultural resources), Section 7 (T&E Species), and Section 4(f) and 6(f) (parklands and L&WCF properties), etc. 2.1.B Geological Evaluation -Evaluate impacts on geology, soils, farmland, and mineral resources. 2.1.C Hydrological and Water Quality Evaluation -Evaluate impacts on surface water, ground-water, as well.as floodplains, floodways. 2.1.D Biological Evaluation -Evaluate impacts on vegetation, wetlands, wildlife, aquatic habitats, fisheries, threatened and endangered species. 2.1.E Wetland Delineation -Conduct wetland delineation of recommended alternative to identify jurisdictional wetlands. Wetlands to be photographed, and boundaries marked on aerial photographs. 2.1.F Section 404 Coordination -Consult with USACE, following NDOR/FHWA/USACE Local Operating Procedures to ensure 404 requirements are met during NEPA process. 2.1.G Prepare Section 4(f) Statement (Optional) -Prepare and circulate draft and final Section 4(f) Statement regarding simple 4(f) issues. If a 4(f) statement is needed a supplement agreement will be required. 2.1.H Assess Noise Issues -Noise will be evaluated under existing and future traffic conditions for the finalist alternative(s) under consideration. Noise will be modeled at selected sensitive 7 receptors along the routes using the TNM noise model approved by FHWA. A noise report will be prepared, following the format of NDOR, for inclusion as an Appendix to the EIS. 2.11 Archeological Survey - Conduct a pedestrian archeological survey of -the finalist altematives and necessary report for SHPO review. $Lbtask 2.2 - D moAranhi _ and Snr_in_Fcnnnmir Im ' _atinna 2.2.A Land Use and Demographic Impacts -Summarize how the bypass (es) might. be affected by altemative land development. 2.2.B Socio-Economic Impacts -Summarize the recommended alternative's impacts . on buildings, need for relocation, number of houses to be taken, etc. S~bta k 2_ - R fin Alianm n and ,radar 2.3.A Finalize Recommended Alignment -Make adjustments to the horizontal alignments of the remaining altematives. 2.3.B Re-plot Existing Ground Profile -Plot existing ground profile along the recommended route at a scale of 1 n = 200'. 2.3.C Finalize Preliminary Grades -Calculate and show vertical grades along recommended alignment: All vertical curve information will be shown for proposed roadway elevations calculated at appropriate increments. 2.3.D Re-run Roadway. Model -Run computer model of proposed route which will reflect final adjustments to vertical and horizontal alignments. SL6task 2.4 -Refine Design of In prcpr-+innc and Fnvirnnmpntal Rlliti~atinn Fr~at~~~pc 2.4.A Plot Final Plan and Profile -Plot on 24" x 36" sheets and at a scale of 1" = 200' the plan and profile of the remaining altematives. 2.4.B Refine Layout of Intersections, River Crossings, and Grade Separations -Layout geometrics of the proposed major grade separations, and intersections for the remaining altematives. 2.4.C Refine Design of Environmental Mitigation Features -Refine design of environmental mitigation features. 2.4.D Identify Needed Relocation of Major Infrastructure -Modifications to railroads, utilities, drainage structures and other major infrastructure will be identified. 8 Subtask 2.5 - R _fin Limits of Gen ~c ien and Gestc 2:5.A Refine Limits of Construction -Generate and show limits of construction based on computer model of roadway along the .remaining altematives. 2.5.B Calculate Earthwork Quantities -Calculate earthwork quantities .along the remaining altematives using the revised vertical alignment. 2.5.C Identify Preliminary Right-of-Way Required -Design preliminary right-of-way based on limits of construction generated by computer model for remaining altematives. 2.5.D Estimate Right-of-Way Costs -Refine right-of-way costs for remaining altematives. Current appraised values from the County Assessor's office will be used to estimate right-of--way costs. The City of Blair will be responsible for providing appraised values for affected properties. 2.5.E Prepare Final Cost Estimates -Final cost estimates will be prepared for the remaining altematives. S~btask 2.6 - Gemmittpes and Partici a ien 2.6.A Committee Meetings -Three (3) Technical Advisory Committee meetings are assumed. during the DEIS process. One to develop the document, one to review the document, and one to prepare for the public hearing. 2.6.B Workshops - Up to six (6) workshops (two for each route) will be conducted, as warranted, to discuss-the DEIS with effected property owners. 2.6,C Public Meeting - A public meeting will be held to present findings of environmental process. ~btask 2.7 - Pranare DEIS Document 2.7.A Pre-DEIS Document - Prepare a pre-draft DEIS, for review by the Technical Committee, NDOR, and FHWA. 2.7.8 .DEIS Document -Modify the pre-draft DEIS. as necessary, and prepare the DEIS document. The DEIS document to include the following report section: Description of the Proposed Action Need for the Project Attematives Affected Environment Social, Economic, and Environmental Consequences Summary of Findings References Agency and Public Involvement List of Preparers List of Agencies, Organizations, and Persons Receiving Copies of the EIS Comments and Coordination Agency Correspondence 9 S~btack 2.8 -DEIS Gir Ala ion and Rpviowc 2.8.A Circulate DEIS -Circulate up to 100 draft documents to appropriate agencies and others. 2.8.B Review Meetings Relative to DEIS -Conduct one (1) Technical Committee Meeting to address review comments. 2.8.C Public Hearing -Prepare materials for and make presentation at Public Hearing. 2.8.D Preparation of the Public Hearing Documents - As appropriate, assemble and submit the hearing transcript (prepared byCity of Blair), and copies of all correspondence and maps. 2.8.E Presentation of the Draft EIS -Make one (1) presentation on the EIS process and findings to the Blair City Council. TASK ~ -FINAL EIS%ROD ' In this task the Consultant will finalize the Environmental Impact Study. The Consultant will not initiate this final task until the Blair City Council has approved the findings of the Draft EIS. The task includes selection of the preferred alternative for each route by the City of Blair, FHWA and the Nebraska Department Of Roads. The EIS will be signed and sealed by a professional engineer licensed to practice engineering in the State of Nebraska. Sib a k _1 - D IG ~'.ommPn±c 3.1.A Assemble Comments and Correspondence -Assemble, copy and distribute comments received relative to the DEIS document. 3.1.B Technical Committee Meeting -Meet with the Technical Committee, to discuss comments received and to develop a plan to deal with the comments received. SLb ark _2 - ~dy Medifi _atinnc Dur~ to [`nmmantc 3.2.A Study Changes -Make reasonable modifications to the study resulting from comments received. 3.2.B Prepare Responses to Comments -Prepare written responses to each set of comments received. 3.2 C Identify Preferred Alternative - A preferred alternative for each By-Pass route will be identified through consultations with members of the Technical Advisory Committee. SLbtaak ~_3 - Pr~nar _ F IS Dnr_~~mant 3.3.A Committee Meetings -One Technical Advisory Committee meeting is planned to review the Draft FEIS and provide final concurrence on selection of preferred alternative. ~n 3.3B Pre-FEIS Report -Prepare Pre-FEIS for review by Technical Committee, NDOR, and FHWA 3.3.C FEIS Report -Finalize, publish and distrif3ute 50 copies of the FEIS. 3.3.D Presentation of FEIS -Make one (1) presentation on the FEIS to the Blair City Council. In consultation with FHWA, prepare ROD for FHWA signature. 11 BLAIR BYPASS ENVII20MENTAL IMPACT STUDY EXA.IBIT C Addendum No. to Services Agreement This Addendum to that certain Services Agreement dated , 200 is made effective as of 200 by and between the undersigned parties. The Addendum immediately preceding this Addendum was dated , 200 1. Services to be provided: 2. Fees: 3. Schedule: By. Its Dated HWS CONSULTING GROUP INC. 10844 Old Mill Road, Ste 1 Omaha, NE 68154 By Its Dated F:~ketng~PROPOSAT.,~B1air~Blair ETS Exlu'bit C.doo ~t LJ V V V V V 4J V 4J M OW ' N O W M N ~ .tM ' M oPQ, `OQ_ ~ ti ' ~ LrO~ uNi O LD c=" N d' ~-- M ~= A N N N' r e-: r of !- r ,m. O -~ ^ ~ _ Q v F !A d3 EA EA b9 ffl Ef} E!i Ef! ffiT EA - fA fA- « f$ EA F$ H3 !f! fA- -- d' ~{. 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K ~ ~ M W W Q L ~ ~ ~ ~ D r+ I.O O I-- u~ d w h m g' RESOLUTION N0.2003 - 13 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Nebraska Department of Roads has agreed to enter into a cost sharing agreement with the City of Blair for the development of a Comprehensive- Planning Grant (hereinafter referred to as "Comprehensive Plan"), the purpose of which is to develop along- range transportation plan and a transportation matrix for future transportation planning 'issues for the City of Blair. WHEREAS, the Nebraska Department of Roads has agreed to contribute an amount equal to eighty percent (80%) of the cost of such Comprehensive Plan up to a total contribution of Seventy-five Thousand Dollars ($75,000.00), with the balance of the cost to be paid by the City. NOW, THEREFORE, BE IT RESOLVED THAT the Mayor is hereby authorized to execute and deliver to the Nebraska Department of Roads, an "Intent to Apply Form" for cost sharing grant funds from the Comprehensive Planning Assistance Program operated by the Nebraska Department of Roads. Attached to this Resolution and marked Exhibit "A" is a copy of the Intent to Apply Form. COUNCIL MEMBER ABBOTT MOVED THAT. THE RESOLUTION. BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF MA_ RCH, 2003. CITY OF BLAIR, NEBRASKA BY ~ REAL YOR ATTEST: /~/~~ ~~ BRENDA R. TAYLO TY CLERK (SEAL) STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) Brenda R. Taylor hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of March, 2003. BRENDA R. TAYLOR, C CLERK Nebraska Department of Roads Comprehensive Planning Assistance Program Government Agency Name: Type of Government Ci of Blair, Nebraska Class A C' Agency Contact Person: Titie• Allen Schoemaker Director of Public Works Mailing Address:.(Street, City, State, Zip) Daytime Phone No.: Fax No.: 218 S 16~' Street 402-426-4191 402-426-4195 Blair, NE .6800$ E-mae address: ars ci.blair.ne.us What is the date of your current Comp Plan? 1997 Do you have a current Comprehensive Plan {Comp Plan)? What area did the Comp Pian include? ® Yes No Land use, zoning, CIP, schools, population trends and What was the forecast y®ar or horizon year? prOjectiOnS, developmerrt plans 2006 Qoes it have a Long~Range Transportation Plan (LRTP) element, a traffic assignment network, and is there a GIS database available for Land use Information? City of Blair is developing a new GIS which will include a data base for all roads within the City. Also included with the GIS wiH be a data base fior individual parcels within the Gity and part ofi thafi data base wiN include both existing .and proposed land use. The long range #ransportation plan includes a history of proposed projects anticipated to be constructed over the next six (6) years. When are you planning to begin a new (or updated) Comp Rlan? 2003 Estimated Cost? Horizon Year? $100 000 2025 Are there any proposed or committed developments in your area, or any anticipated highway or street capacity problems? Highway 30 South in the City wilt be expanded to 5 Lanes from 2 lanes with construction scheduled to start 2003. In add~iorn, Nebraska Highway 133 is also planned for widening and reconstruction within the next 5 years. The City has conducted a Feasibility Study of constructing a by-pass around the north, east and south portion ofi the urban area. An EIS will be conducted as the next phase ofi this project. Construction wit! likely occur in 2012 to 2022. Known planned developments include an expansion of Cargill and a new facility for Mutual ofi Omaha. These developments may have a significant impac# on the roadway network. Describe briefly what your new or updat®d Comprehensive Plan wilt contain. The transportation element ofi our comprehensive plan will be updated and cover a 20 year planning horizon. A travel demand model will be developed to facilitate future planning efforts. PI,N1-PV/ February, 2002 e .~ ,,.~ CITY OF BLAIR PROJECT NO. SPR-PL-I(49 ) FY-2004 COMPREHENSIVE PLAN UPDATE THIS AGREEMENT, entered into by and between the City of Blair, hereinafter referred to as the "City° and the State of Nebraska, hereinafter referred to as the "State". W ITNESSETH: WHEREAS, the agreement is for the purpose of providing partial funding of the Blair Area Comprehensive.Plan update, that will include a long range transportation plan element, and WHEREAS, the project schedule to be performed about June 2003, as outlined in the Consultant Scope of Services. WHEREAS, the City intends to contract with a Consultant or Consultants under separate agreement, to accomplish the work to be carried out under this agreement, and WHEREAS, the work items for which the funding will be provided not to exceed $75,000, are identified in the Scope of Services, and WHEREAS, the City has agreed to establish and maintain a continuing, comprehensive, and cooperative transportation planning process in the Blair Area, and WHEREAS, the City Treasurer's Office has been designated as the recipient for the City of Blair for SPR funds pursuant to the state's Comprehensive Plan Assistance Program, and WHEREAS, the State, as part of its planning function, intends to~contribute support to the continuing transportation planning process in the Blair area, NOW, THEREFORE, in consideration of these facts the parties agree as follows: I. SECTION l: DEFINITIONS WHEREVER, in this agreement the following terms are used, they will mean: "CITY" means the City of Blair, "STATE" means the Nebraska Department of Roads of the State of Nebraska, Lincoln, Nebraska, the Director of the Department, or an authorized representative. The State is representing the United States Department of Transportation on this project and any reference to the State in this agreement means the State on behalf of the United States Department of Transportation. "AERONAUTICS" means the Nebraska Department of Aeronautics of the State of Nebraska, Lincoln, Nebraska, the Director of the Department, or its authorized representatives. "FHWA° means the Federal Highway Administration, Department of Transportation, Washington, DC, acting through its authorized representatives. "DOT' means the United States Department of Transportation, Washington, DC, acting through its authorized representatives. II. SCOPE OF AGREEMENT A. The work to be performed under the terms of this Agreement for the program must be conducted in accordance with the Consultant's Scope of Services which is, by this reference, made a part of this Agreement. ®~ ,-.~~ ,~ B. CITY shall: 1. Provide the necessary administration of committees and staff, and consult, collaborate and coordinate with the State to accomplish the objectives of the Scope of Services contained in the City/Consultant agreement. 2. Develop a street network and traffic model and provide it in a format compatible to the model used by the State for the Blair jurisdiction. The State is using TransCAD traffic modeling software. 3. Develop local current and future land use information, as well as ' environmentally sensitive areas and provide it in a Geographic Information System (GIS) compatible format. This pertains to major generators of traffic and environmentally sensitive areas that might affect road or street construction. 4. In cooperation with the Nebraska Department of Aeronautics, determine if a valid airport plan exists or an update should be undertaken. Include the airport plan in the long range transportation plan update. 5. Coordinate with Aeronautics, local public transportation providers, and rail and truck freight carriers and others as necessary to get the information and data to complete the long range transportation plan update. 6. The City shall. select a Consultant according to the Citys Consultant selection procedures. The selected Consultant must be certified to provide Transportation Planning Services by the State. The City shall be responsible to determine that the Consultant is qualified to provide the expertise and experienced personnel to accomplish the required work product. Price cannot be a selection factor. C. STATE shall: Assign qualified personnel as needed to accomplish tasks assigned to or agreed to by the State. III. DURATION'OF AGREEMENT The Agreement will cover all work to be pertormed commencing on or about June 1, 2003 and ending on or about May 31, 2005. IV. PAYMENT A. The State agrees to pay for the services rendered by the City under terms of this Agreement, compensation on a cost reimbursement basis for costs incurred and to include only costs in accordance with the applicable provisions of 49 CFR 18 and the contract cost principles and procedures set forth in Part 31 of the Federal Acquisition Regulation System (48 CFR 31 ). When specific Federal Highway Administration reimbursement policy differs from the Federal Acquisition Regulation System, the Federal Highway Administration policy will apply. The federal/state share will not exceed, in any event, $75,000 for costs incurred during the referenced time period. B. Payments will be made to the City not more often than once each thirty days, and will be only for services pertormed under this Agreement. The City shall submit invoices within twenty days following the end of each monthly period when a payment is required. The invoices will be the basis for payment, and must contain a statement of the City's estimate of the percentage of work completed and be signed by an authorized representative of City, certifying-that all of the items are true and correct for the work performed under the provisions of this Agreement. Payment will be made subject to audit by duly authorized representatives of the State. The State upon receipt of the proper invoices will make every reasonable effort to provide payment to the City within thirty calendar days. -2- f"~ !~. C. Payment of invoices will be determined by multiplying the total amount of the billing by eighty percent. in no event may the total interim payments exceed eighty percent of the value of the total work completed and may not exceed a maximum of $75,000 for the whole project. In other words, the City pays 20% of the first $93,750 and 100% in excess of $93,750. D. The City understands that payment for the costs of this project are the sole responsibility of the City where Federal and/or state participation is nat allowable or available. Therefore, where the Federal or State Government refuses to participate in this project or any part of this project, the City will be responsible for full payment with no cost or expense to the State in this project or any portion of this project. Should this project be abandoned before completion, the City shall pay all costs incurred prior to the abandonment. E. The final settlement between the State and the City will be made after final review and approval by the State and after an audit, if deemed necessary by the State has been pertormed to verify actua{ eligible costs. The City agrees to reimburse the State for any overpayments discovered by.the State or its authorized representative. The City shall make the reimbursement within sixty calendar days after the State notifies the City of the required reimbursement. If the City is unable to or doss not make the reimbursement as required, the State by this agreement is authorized to withhold any future State and Federal funds the City would be eligible for in an amount squat to the required reimbursement to the State. F. The criteria contained in Part 31 of the Federal Acquisition Regulations System (48 CFR31) will be applied to determine the allowable costs incurred by the City under this agreement. CHANGES IN THE SCOPE A. If. the City determines that changes in the Scope need to be made, then the City shall present the recommended changes to the State for approval and get the approval in writing before proceeding with those changes. B. The State and City agree to collaborate closely on the decisions affecting the composition, scope and duration of the work and those decisions must receive the written approval of the State prior to proceeding with the Program. C. If, as the work progresses, major changes in the schedules, scope, or character of the work to be performed is deemed necessary or desirable, adjustments for payment or modification in the performance of the work must be submitted by the City to the State for review and approval by the State. If approved by the State, the State will prepare a supplemental agreement for execution by both parties. VI. REPORTS The City shall prepare, in cooperation with the Study participants, documentation suitable for publication. Two full copies of the draft and the final comprehensive plan must be submitted to the State. Also, an electronic copy of each loaded network must be submitted to the State. VII. INSPECTION OF WORK The City shall afford the State and the FHWA or any authorized representative of the Federal government proper facilities for review and inspection of the work under this agreement and shall at all times provide access to the premises of ail books, records, correspondence; ins#ructions, receipts, vouchers and memoranda of every description pertaining to the work under this agreement. Vill. RECORDS The City shall maintain an accurate cost-keeping system as to all costs incurred in connection with the subject of this Agreement and shall produce for examination books of account, bills, invoices and-other vouchers, or certified copies thereof at such reasonable time and place as may be designated by the State, the FHWA, or any authorized -3- '~ ,s1 ,-~ representative of the Federal government and shall permit extracts and copies to be made, during the contract period and for three years after the date of final payment. IX. OWNERSHIP OF DATA The ownership of the data collected under this Agreement, together with summaries and charts derived therefrom, as instruments of service under terms of this agreement are to be the joint property of the political jurisdictions and governmental agencies participating in the Gomprehensive Plan updates. Copies of the documents will be made available to participants by the City upon request. X. • PUBLICATION OR RELEASE OF INFORMATION A. Papers, interim reports, forms or other materials which are a part of the work under contract wilt not be copyrighted without written approval of the State. B. Either party to the Agreement may initiate a request for publication of the final or interim reports, or any portions of the reports. C. Publication by either party must give credit to the other partyand to the FHWA. However, if the State or FHWA does not wish to subscribe to the findings or conclusions of the Study, the following statement must be included on the credit sheet: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the State or the FHWA." D. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with participants in the Transportation Planning Program, small technical groups or lectures to employees or students. Lectures to other groups which describe the plans are permissible. XI. CONTRACTUAL SERVICES Any agreement for sub-contractual service pertinent to this work outlined in the Scope of Activities and subject to reimbursement under this Agreement must be submitted to the State for review and written approval prior to final execution of the subcontract. XII. CANCELLATION The State can cancel this agreement at any time upon giving thirty calendar days written notice of such cancellation to the Gity. If the contract is canoe{led under this provision, the State shall reimburse the City for all eligible expenses incurred and work completed to the date of cancellation. XIII. LIMITATIONS OF LAW It is mutually understood between the parties that the final authority in highway matters now vested in the State by federal and state statutory and case law must not be affected by this Agreement. XIV. NONDISCRIMINATION A. During the pertormance of this contract, the City, for itself, its assignees and successors in interest agrees to comply with the Regulations of the DOT relative to nondiscrimination in federally assisted programs of the DOT {CFR 21 and 27, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. B. Nondiscrimination: The City, with regard to the work pertormed by it after award '. and prior to completion of the contract work, shall not discriminate on the basis of handicap, race, color, sex, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices when the contract covers a program set forth in Appendix "A," "B," and "C" of CFR 21. -4- . _ ~ ,~ ~ C. Solicitations for Subcontracts. Includino Procurements of Materials and Eauipment: In all solicitations either by competitive bidding or negotiation made by the City for work to be pertormed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the City of the City's obligations under this contract and the Regulations relative to nondiscrimination on the ground of handicap, race, color, sex, or national origin. D. Information and Reports: The City shall provide all information and reports required by the Regulations, or orders and instructions 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 State or the FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the State, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the City's noncompliance with the nondiscrimination provisions of this contract, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including but not limited to withholding of payments to the City under the contract until the City complies, andlor cancellation, termination or suspension of the contract, in whole or in part. Incorooration of Provisions: The City shall include the provisions of paragraph A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The City shall take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance 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 City may request the State to enter into such litigation to protect the interests of the State, and in addition, the City may request the United States to enter info such litigation to protect the interests of the United States. XV. DISADVANTAGED BUSINESS ENTERPRISES The City shall ensure that disadvantaged business enterprises, as defined in 49 CFR 26, have the maximum opportunity to compete for and participate in the performance of subagreements financed in whole or in part with federal funds under this agreement: Consequently, the disadvantaged business requirements of 49 CFR 26 are hereby made a part of and included in this agreement by reference. The City shall not discriminate on the- basis of race, color, sex, or national origin in the award and pertormance of FHWA-assisted contracts. Failure of the City to carry out the requirements set forth above will constitute a breach of this agreement and, after the notification of the State and the FHWA, may result in tem~ination of this agreement by the State or such remedy as the State deems appropriate. The subletting, assignment, or transfer section of this agreement further explains the City's responsibility in ensuring that disadvantaged business enterprises have the maximum opportunity to compete for subagreements. On any work pertormed by or caused to be pertormed by the City, failure of the City to cant' out the requirements set forth above will constitute breach of contract and, after the notification of the FHWA, may result in termination of the agreement or contract by the State or such remedy as the State deems appropriate. XVI. NEBRASKA FAIR EMPLOYMENT If the City pertorms any part of the work on this project itself, the City agrees to abide by the provisions of the Nebraska Fair Employment Practices Act as provided by Neb.Rev.Stat §48-1101, through 48-1126 (Reissue 1998), and all regulations relative to nondiscrimination in federally assisted programs of the DOT, Title 49 CFR, 21 and 27 as set forth 'in this agreement. -5- IN WITNESS WH)TREOF, the State and City have hereto caused this Agreement to be .executed by their proper.~--o~rffi~""ers and representatives. EXECUTED b _ ~x,Ll~(G~ Y ~~~? this. ~~ day of ./"lClrc%( 2003. WITNESS: CITY OF BLAIR .MAYOR ~~~ T~ EXECUTED by the State this ! 5 day of ~ 2003. STATE OF NEBRASKA DEPARTMENT OF ROADS Arthur B. Yonkey P.E. ~, Planning & Project Devel ent En ' r AGR&ZK -6- ~,. RESOLUTION NCO.2003 - 14 COUNCIL MEMBER ABBOTT`INTRODLJCED THE FOLLOWING RESOLUTION: WHEREAS; to assist the City in the long range: transportation glare and transportation matrix for future transportation planning and as part of the Comprehensive Planning Grant with the Nebraska: Department of Raads; the Mayor and City Council deem it to be in the best interest of ..the City to enter into a Consulting Agreement with HWS Consulting Group (hereinafter referred to as "HWS"). NOW, THEREFORE, BE IT RESOLVED THAT the Mayor is hereby authorized to :execute and .deliver.-the Consulting Agreement with HWS, a copy of which is attached hereto, - marked Exhibit "A" and incorporated by this reference herein. . COUNCIL MEMBER SHOTWELL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL" MEMBER FANOELE. UPON 'ROLL CALL, COUNCIL MEMBERS SHOTWELL, SCHEVE,_ STEWART, EANOELE; ~ MCMATTIGAL, ABBOTT; WOLFF AND BIFFAR .VOTING "AYE", AND COUNCIL .MEMBERS. NONE VOTING. "NAY' ; THE MAYOR DECLARED THE' FOREGOING RESOLUTION PASSED AND -ADOPTED THIS 25Th DAY OF MARCH, 2003. ATTEST: G ~~' ~~ _ B NDA R.`TAY~,OR, CLERK (SEAL) r CITY OF BI,AIIt; NEBRASKA BY v J ALPH, MAYOR STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) Brenda R. Taylor hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of March, 2003. B NDA R. TAYLOR, CI CLERK AGREEMENT FOR SERVICES BETWEEN HWS CONSULTING GROUP INC. AND THE CITY OF BT,ATR NEBRASKA THIS AGREEMENT is made effective as the [_~~ day of . ^ ~ ~ by and between the City of Blair, Nebraska (Client) and HWS Consulting Group c. (Consultant}. WITNESSETH THAT: WHEREAS, the client desires to retain the Consultant to provide -certain services with respect to Client's project known as Blair Long Range Transportation Plan and Comprehensive Plan Update (the Project); and NOW THEREFORE, the parties hereto do mutually agree as follows: A. Employment of Consultant and Scope of Work. The Client hereby agrees to engage the Consultant, and the consultant hereby agrees to perform those tasks and activities as outlined in the Scope of Work and approved by the client as illustrated on Exhibit A and ExhibitB attached hereto and incorporated herein by this reference {the Scope of Work). B, Time of Performance. The services of the Consultant are to commence as soon as practical after execution of this Agreement. The contract and noted products shall be as set forth in Exhibit A attached hereto and incorporated herein by this reference {the Schedule of Work). C. Conflicts of Interest. No officer or employee of the client, and no other public official of the governing body of the locality or localities m which the project is situated or being carried out who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which effects his/her personal interest or the interest of any corporation, partnership, or association in which he/she is, directly or indirectly interested, or have any personal or - pecuniaryinterest, direct or indirect, in this Agreement. Additionally, no member of or delegate to the Congress of the United States of A merica shall be admitted to any share or part of this .contract or to any benefit arising therefrom. D. Ownership and Use of Documents. Documents, diagrams, sketches, surveys, design calculations, working drawings and any other materials created or otherwise prepared by the Consultant's service for use solely with respect to the Project and unless otherwise agreed, the Client shall retain all ownership rights, including copyright rights. The consultant may retain copies, include reproducible copies of drawings, specifications, and other documents for information and reference in connection with the Project. I F:1Mazketng\PROPOSAL\Blair\Contract Agreement -Blair I.R.T.dac 1 - ~, E. Personnel and Subcontractin>? The Consultant will secure, in accordance with the Scope of Work, all personnel required in performing the services under this contract. No portions of the work or services covered by this Agreement shall be subcontracted, and no substitution of personnel shall be permitted without prior written consent of the Client and cognizant state and federal agencies. F. Assi an~ty The Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same without the prior written consent of the client, and cognizant state and federal agencies. Such restriction shall not apply to any assignment of earnings by the Consultant, except that the Client shall be notified of any such assignment. G. Termination of Contract for Cause. If through any cause, either party shall fail to fulfill in timely and proper manner his obligations under this contract, or if either party shall violate any of the covenants, agreements, or stipulations of this contract, the other party-shall thereupon have the right to terminate this contract by giving written notice of such termination which shall be effective upon receipt of the written notice. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this contract shall, at the option of the Client, become property of the Client, state and federal grantor agencies, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the consultant shall not be relieved of liability to the Client for any damages sustain.ed,by the Client by virtue~of any breach of the contract by the Consultant, and.the Client may withhold any payments to the consultant for the purpose of set-off until such time as the exact amount of damages due the Client from the Consultant is determined. H. Termination for Convenience of Client. The Client may terminate this contract at any time by giving written notice to the Consultant of such termination which shall be effective upon receipt of the written notice. Iu that event, all finished or unfinished documents and other materials as described in Paragraph I above shall, at the option of the Client, become property of the client and its grantor agencies. If the contract is terminated by the Client, asprovided herein, the Consultant will be paid for services rendered through the date of termination. I. Additional Services. From time to time hereafter, the parties hereto may agree to the performance by the Consultant of Additional Services with respect to the Property. Any such agreement shall be set forth in writing in an Addendum in substantially the form. of Exhibit C and shall be executed by the respective parties prior to Consultant's performance of any Services thereunder. Upon proper completion and execution of any such Addendum, such Addendum shall be incorporated into this Agreement and shall have the same force and effect as ifthe terms of such Addendum were a part of this Agreement as originally executed. The performance of Services pursuant to an Addendum shall be subject to the terms and conditions of this Agreement except where the Addendum provides to the contrary, in which case the terms and conditions of any such Addendum shall control. In. all other respects, any Addendum shall supplement and be construed in accordance with the terms and conditions of this Agreement. F:1Marketng~PROPOSAL~Blair~Contract Agreement -Blair LRT.doc 2 J. Performance of Additional Services Prior to Execution- of Addendum. The parties hereto agree that situations may arise in which services other than those described on Exhibit A and Exhibit B are desired by the Client and the time period for the completion of such Services makes the execution of an Addendum impractical prior to the commencement of the - Consultant'sperformance of the requested Services. The Consultant hereby agrees that it shall . perform. such Services upon the oral request of the Client, pending execution of an Addendum, at the hourly rates specified on Exhibit D attached hereto and incorporated herein by this reference. K. Compensation: 1. The total cost to the Client for the performance of work pursuant to this Agreement, shall not exceed Ninety Three Thousand Seven Hundred and Fifty ($93;750.00) Dollars. This amount will include ALL project costs i-n.cluding labor, general and .administrative overhead, fixed fees, travel, materials, supplies, subcontracts, and miscellaneous. 2. The Consultant shall receive payment pursuant to the paragraphs below: a. Labor Services The Client shall compensate the Consultant for labor-services on the basis of hourly rates for person hours spent on the project in accordance with the individual rate schedules outlined in Exhibit D. b. Reimbursable Expenses The Consultant shall be reimbursed for actual expenses as shown in Exhibit D. These costs shall not exceed the amounts shown in Exhibit D. L. Allowable Costs and Documentation: Allowable cost must be made in conformance with the project description and the project budget, and all other provisions of this contract, and: a. Be necessary in order to accomplish the project. b. Be reasonable in amount of the goods or services purchased. c. Be actual net costs to the Consultant (i.e., the price paid minus and refunds, rebates, or other items of value received by the consultant which have the effect of reducing the cost actually incurred). F:1Marketng~PROPOSAi,1B1airlConlract Agreement -Blair LRT.doc d. Be incurred (and be for work performed) after the date of this contract, unless specific authorization from the Client to the contrary is received. e. Be treated uniformly and consistently under accounting principles and procedures approved or prescn°bed by the client for its contractors. 2. All costs charged to the project, including any approved services contributed by the consultant or others, shall be documented and supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing, in detail, the nature and propriety of the charges. M. Method of Pam. The Client shall pay the Consultant on a monthly basis. The payment shall be made upon the Consultant's submission of a bill for the previous month's expenses and the Client's approval thereof. Such billing shall be made as hereinafter provided in this section. An itemized invoice {identified as INVOICE FOR (month 2003} for the Consultant's eligible costs incurred that month. Said invoice shall be received by the Client on or before the first Tuesday of the month following the month for which payment is being requested. The Client shall remit one hundred (100) percent of the amount of the approved invoice within 30 days of invoice receipt. Invoices received after the first Tuesday of the following month will be payable within 60 days of invoice receipt. 2. For the final month, an itemized, invoice (identified as FIlVAL INVOICE) for Consultant's eligible costs shall be submitted upon completion of the project when project deliverables are approved by the Client, and state and federal grantor agencies. The Client shall remit one hundred (100) percent ~of the amount of the approved invoice within sixty (60} days of invoice receipt if deliverables are approved. N. Noncompliance. In the .event of the Consultant's noncompliance with this contract, the Client shall impose such contract sanctions as it may reasonably determine appropriate, including, but no limited to: 1. Withholding of payments under the contract until the Consultant complies, and/or 2. Cancellation, termination, or suspension of the contract in whole or part. O. Amendments. The terms of this agreement shall not be waived, altered, modified, supplemented, or amended, in any manner whatsoever, except by written instrument signed by both the parties and approved by Client and its state and federal grantor agencies. While not F:1MarketnglPROPOSAL\Blair\Contract Agreement -Blair LRT.doc 4 anticipated, any amendments or contract extensions will be negotiated based upon the same rates as indicated in this contract. P. Interest of Consultant. The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this contract. The Consultant further covenants that in the performance of this contract no person having any such interest shall be employed. Q. Publication, Reproduction, and Use of Materials. No material produced in whole or part under this Agreement shall, during the life of this Agreement, be subject to copyright in the United States or in any other country. Permission and approval must be obtained from the Client and its state and federal grantor agencies. before any report, handbook, cassettes, manual, interim -data, or results are published. Draft copies of all deliverables must be prepared by the consultant and reviewed and approved by the Client, and its state and federal grantor agencies before publication. The consultant, subject to the approval by the Client and its state and federal grantor agencies, shall have the authority to publish, disclose, distribute and otherwise use in whole and party, any reports, data, or other materials prepared under this Agreement. R. Responsibility for Claims and Liability: 1. Any and all employees of the Consultant or other personi; while engaged in the performance of any work or services required by the Consultant under the Agreement, shall not be considered employees of the Client; and any and all claims that may or might arise under the Workmen's Compensation Acts of any state on behalf of said employees ~r other persons while so engaged, and any and all claims made by any third party as a consequence of any act or omission on the part of the consultant, or any person employed by the Consultant, while so engaged on any of the work or services to be rendered shall iri no way be the obligation ar responsibility of the Client or state and federal grantor agencies. 2. The Consultant will indemnify, keep, and save harmless the Client or state _ and federal grantor agencies and all of their officers, agents and employees from all suits, actions, or claims of any character brought fore or on account of any injuries or damages incurred by any~persons, organizations, or property resulting from the negligent operations of the Consultant in prosecuting work under this agreement. S. Deliverables and Products. The Consultant shall provide the Client with deliverables and product within the established schedule as outlined in EShibit A. T. Equal Employment Opportunity. Tn. connection with this proposal, and any subsequent contract, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, disability, sex, or status regarding public assistance. The consultant will take action to ensure that his employees are fairly treated during employment without regard to their race, color, creed, religion, national origin, disability, sex, or status regarding public assistance. Such actions shall include, but not F:~Marketng~PROPOSAL~B1airlContract Agreement - Blair LRT.doc be limited to the following: employment, upgrading, demotion, or transfer; recruitment, or recruitment advertising, layoff or termination; rate of pay or other forms of compensation; and selection for training, including internship and/or apprenticeship. The Consultant further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Consultant will furnish all necessary information and reports and will permit access to his books, records, and accounts by the Client and/or its representatives including state and federal agencies, for purposes of investigation to ascertain compliance with , nontdiscrirninationpyovisions of any resultant contract. U. Successors in Interest. The provisions of this agreement shall be binding upon and shall ensure to the benefit of the parties hereby, and their respective successors and assigns. V. Waivers. The failure of the Client and state and federal grantors to enforce any provisions of this contract shall not constitute a waiver by the Client or its state and federal grantors of that of any other provision. W. Notice. All notices, certificates, or other communications shall be sufficiently given when delivered or mailed, postage prepaid, to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by the parties. Mr. Michael N. Gorman HW5 Consulting Group Inc. 10844 Old Mill Road, Ste 1 Omaha, NE 68154 X. Merger. This agreement constitutes the entire agreement between the parties. No waiver consent, modification or change of terms of this agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change, if made, shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. The Consultant, by the signature below of its authorized representative, hereby acknowledges that the Consultant has read this agreement, understands it, and agrees to be bound by its terms and conditions. Y. Client's Responsibilities. The Client shall do the following in a timely manner so as not to delay the services of the Consultant: Designate in writing a person to act as the Client's representative with respect to the Services. The Client's designee shall have complete authority to transmit instnzctions, receive information, interpret and define the Client's policies and decisions with respect to the Services. 2. Furnish the Consultant with all information, criteria, objectives, schedules and standards for the Project and the Services. 3. Arrange for access to the Property as required for the Consultant to perform the Services. F:~Markeing~PROPOSAL~BlaulContract Agreement -Blair LRT.doc 6 4. Examine all studies, reports, sketches, and. other documents prepared by the Consultant and render decisions regarding such documents in a timely manner to prevent delay of the. Services. Z. Hold Harmless. The contractor shall save and hold harmless the Client, its .officer, agents, employees, -and members from all claims, suits, or actions of whatsoever nature resulting from or arising out of the activities of the Contractor or its subcontractors, agents, or employees under this agreement. It is hereby understood and agreed that any and all. employees of the contractor and all other persons employed by the contractor in the performance of any of the services required or provided for under this agreement shall not be considered employees of the CLIENT and that any and all claims that may arise under the Worker's Compensation Act on behalf of said employees while so engaged and any and all claims by any third parties as a consequence of any act or omission on the past of said contractor's employees while so engaged in any of the services to be rendered under this agreement by the contractor shall in no way be the obligation or responsibility of the City. HWS CONSULTING GROUP INC. ACCEPTED AND APPROVED BY: 'chael N ~Go~anL~E. Vice President - Ti`ansportation Services ~,,,~ (Signature} -~ . ~~umcs 1~alp ~ {Typed Name} Authorised to Execute Agreement far: (Date) F:1MarketnglPROPOSAL\BIau~Contract Agreement -Blair LRT.rloc 7 EXHIBIT A CONSULTANT SCOPE~OF SERVICES BLAIR LONG RANGE TRANSPORTATION PLAN AND COMPREHENSIVE P_ LAN UPDATE ~. This Scope of Services identifies the tasks and subtasks which HWS Consulting Group (the "Consultant") and its subcontractors will follow in conducting the "Blair Long Range Transportation Plan and Comprehensive Plan Update" (the Study). P~,yecf OVP_rvlP_W The Consultant will provide a Long Range Transportation Plan (LRTP} based on a Traffic Assignment Network (TAN) and future land-use projections. In addition to the LRTP, the consultant will provide an update to the Blair Comprehensive Plan. The detailed scope for the Comprehensive Plan Update is attached in Exhibit B. The end products shall include: A Long Range Transportation Plan (LRTP) with future improvements to the City of Blair's transportation network. GIS compatible traffic model based on the future land use plan. An update to the City of Blair's Comprehensive Plan The participating agencies will provide available relevant studies, reports, mapping and data at no cost to the Consultant. The Consultant shall return such material at study conclusion. The agencies will also provide meeting facilities, as warranted. More specifically: 1. The City will provide public and Committee meeting rooms and attendant equipment. 2. The City will also: Record public hearings; Prepare public hearing transcripts; and will provide Available traffic statistics, mapping, relevant studies, and public information services. The Consultant will work closely with the relevant agencies and committees relative to the study. Technical Committee -One Technical Committee will be formed. Consultant team wi[I meet with this Committee up to four (4) times in Blair. Agency Briefings -The consultant will be prepared to brief the City Council and/or the County Board at one (1) occasions during the study period. Briefings to others are not anticipated. In addition, the Consultant will include the general public in the study process. Such participation will include: Public Meetings -The Consultant will participate in up to two (2) public meetings in Blair. Public Hearing -One {1) public hearing will be held. The City of Blair will handle the hearing, .including- recording and transcripts. . The Consultant will prepare handouts and/or visual materials for use in all meetings. 1_imitations to Consul an 's Work S _o~ 1. City of Blair will handle the public hearing, will tape them, will prepare the manuscript results, and will provide the meeting space. The Consultant will attend and present information. 2. The City will handle information {media, present study at civic groups, etc.). The Consultant will present information at public meetings, but City will provide public meeting space. 3. Consultant will conduct no land appraisals and will do no video or photo imaging. The study will comprise Four work tasks, with each containing various "milestones". A written report will be prepared after each milestone. - Task 1:Develop Base Information Product: Milestone A - Collect and Review E~asting Da#a and Develop Committees Milestone B -Establish Goals and Objectives Milestone C -Build Existing Transportation Model Task 2: Future Land Use Product: Milestone D - Approve a Future Land-Use Plan Milestone E -Select Transports#ion Alternatives Task 3: Plan Development Product: Milestone F -Prepare Draft Report Milestone G -Prepare Final Report Following is a description of each of these four work tasks. The study schedule for the interim milestone is based on the number of months following written notice to proceed. The schedule is as follows: 1 A 3 B 5 C 6 2 D 7 E 9 3 F 11 G 12 In this task study .procedures will be defined, committees will be formed, initial committee meetings will .be held, data and base maps will be reviewed, and the base traffic model will be developed and validated. 1.1.A Develop Technical Committee -Develop technical committee structure and role, meeting plans and committee membership. 1.1.B Develop Public Participation Plan -Develop, agree upon, and document the overall participation program. 1.2.A Develop Base Maps -Collect available mapping, prepare base maps to be used for study purposes. .,. 1.2.B Preliminary Data Collection - Collect information from published sources and appropriate agencies on transportation related issues including historical traffic counts, accident information, arid previous studies. Any supplemental traffic counts will be performed by the City of Blair. 1.2.C Origin and Destination Studies - The origin and destination studies from .the Blair Bypass Phase I and Phase II studies will be used as a part of this study. Origin and destination information will also 6e obtained for Blair High School and .Cargill. The origin and destination study information will be used to validate the base traffic model. 1.Z.D Geographic Information System -Prepare GIS files. Review to determine what needed data files are not available, and whether -there are deficiencies relative to the available data files. 3 Consultant will work in Arc Info and TransCad format. 7.2.E Project Area Reconnaissance -Drive the major corridors, take photos, become familiar with key issues, verify transportation system, and verify locations traffic signals and auxiliary turn lanes. S~btask 1.3 - ldantifv S ra p~ Icc»pc and ,nalc 1.3.A Study Goals and Objectives - Prepare a statement regarding the study, its goals and objectives, for Committee consideration. SLbtack 1.4 - Dev to Trancnertatinn Mndcat 1.4.A Develop Link and Node Information -Construct the transportation network for the major arterials, minor arterials, and collectors. Input all physical data including number of lanes, speed, and capacity. 1.4.B Incorporate Existing Land Use Plan -Develop the traffic analysis zones (TAZ) for the City. Develop trip generation, trip distribution, and trip assignment for each TAZ. The extemai station information will be developed by using information from the Nebraska Department of Roads and MAPA. 1.4.C Validate the Base Model -The model will be validated to existing traffic counts and the origin and destination studies. A validation report will be submitted to the Nebraska Department of Roads for their approval. S ~btack 1 _~i - _ommFi#Pac and t~ar4ir_i inn 1.5.A Gommittee Meetings -One Technical Committee will be formed. Consultant team will meet with this Committee up to four {4) times in Blair. 1.5.B .Public Meetings -The Consultant will participate in up to two (2) public meetings in Blair. One (1) public hearing will be held. The City of Blair will handle the hearing, including recording and transcripts. 1.5.C City Council Briefings -The consultant will be prepared to brief the City Council and/or the County Board at one (1) occasion during the study period. Briefings to others are not anticipated. TASK 2 - F ~ ~r and cp ' In this. task the Consultant will incorporate the fu#ure land use plan into the traffic model and identify deficiencies. 2.1.A incorporate Future Land Use -Once the City of Blair has approved a future land use, 4 the plan will be incorporated into the traffic model. This includes trip generation, trip distribution, and trip assignment for the new land use information. 2.1.B Identify Capacity. Deficiencies -The existing transportation network will be analyzed with the future land use to determine capacity deficiencies in transportation network. 2.2.A Issues, Opportunities and Constraints -Early on in the study process the consultant, working with the Policy and Technical Advisory Committees, will develop a _ list of issues, opportunities, and constraints to be addressed with the Transportation Plan. Included with this exercise will be the determination of evaluation criteria and• study. goals and objectives. The issues, opportunities, constraints, evaluation criteria and goals and objectives will be presented to the general public at the first public meeting for concurrence or modification. 2.2.B Universe of Alternatives -Working with the Technical Advisory Committee, the consultant will develop a Universe of Altematives that meet the goals and objectives developed in Subtask 1.3.A. The Universe of A[tematives will be generated from a brain storming exercise which is not intended to be critiqued or evaluated. It is anticipated that up to 10 distinct alternatives will be generated through this process. 2.2.C First Level of Screening -The evaluation criteria identified in Subtask 2.2.A will be applied in a broad manner to the Universe of Altematives. ~ Alternatives not meeting specific project goals or objectives, or considered to be infeasible due to costs or impacts will be eliminated. 2.2.D Alternative groupings - The potential improvements to the Transportation Plan will be divided up into option sets reflecting a particular strategy toward addressing the transportation needs of the City of Blair. Up to three (3) option sets will be identified based upon the first level screening of the Universe of Altematives. 2.2.E Second Level Screening -Amore detailed and rigorous evaluation of each finalist option set as will be conducted to provide further screening of the finalist option sets. 2.2.F Recommended Alternative A set of recommended improvements will be determined after the second level screening. These improvements will be refined as necessary to provide realistic cost estimates and a schedule of implementation. The altematives identified in Subtask 2.2 will be subjected to evaluation criteria which include construction costs and impacts to right-of--way. .These impacts will be determined through planning level (stick figures on aerial photography) engineering and design analysis. The first level screening of alternatives we use broad unit costs to detem~ine impacts. The second level will be more rigorous using mare detailed quantities. S A Phase 1 Environmental Review will be conducted to determine all known environmental impacts of each of the altematives that are in the finalist option sets. As part of this. evaluation, the consultant will review proposed alternatives to determine whether or not a ufatal flav~' would exist that would preclude the alternative from further consideration. Technical memorandum arid graphics will be produced as part of the task deliverables during the planning process. This information wi[I be arranged in a logical and forthright manner to provide a final report for distribution and ongoing use. This -task includes documentation of all meetings during which the consultant is present including phone conversations and other con-espondence. Ail documentation will be performed and distributed by the consultant. This task includes documentation of the development of the travel demand model and a CD containing the travel demand model in TransCad format. Ten (10) copies of the draft report will be prepared and submitted to the client and participating agencies for review and comment. The comments received from the dient and other participating agencies regarding the draft report will be incorporated into the final report. Twenty-five (25) copies of the final report will be submitted. The consultant will also provide an unbound original set and a CD containing the report in a mutually agreeable format. 6 E~~IBIT B COMPREHENS~'VE PLANASSISTANCE PROGRAM NE~3RAS8'A DEPARTMENT OF ROADS _.. an update of the 199b City of Blair Comprehensive Plan & Economic Profile & Plan, including a review and revision of Zoning & Subdivision Regulations. PHASE I -BACKGROUND ANALYSIS Std BACKGROUND RESEARCH - to include, (a) population/economic analysis and projections, (b) land use analysis and (c) public facilities analysis. (Cost - $7,800.00, Months 1, 2 and 3} Step 2 CITIZEN PARTICIPATION - to include a citizen participation process to obtain the input of the citizenry by using some or all of the following; (a) six (6} Planning Commission meetings, (b) two (2} Community Open Houses and (c) required Public Hearings. (Cost - $3,000.00, Months 1-9) Ste~3 GOALS, POLICIES, ACTION STRATEGIES -utilizing the findings of Step 1 and 2, develop planning goals, policies and action strategies. (Cost - $1,600.00, Month 5) PHASE II -PLAN DEVELOPMENT Std Plan Development of the Primary Components of the Blair Comprehensive Plaxi update, including: A. LAND USE PLAN -the qualification quantification of required land uses fpr Blair and its respective planning jurisdiction, during the planning period, including a detailed statistical and illustrative documentation of residential, commercial, industrial, public and parks and open space areas. Land Use Plan will also include the identification and discussion of annexation issues and the City's current policy regarding both voluntary and involuntary annexation. (Cost $6,500.00, Months 6 and 7) B. PUBLIC FACILITIES/SERVICES PLAN - to include the identification of needs, strategies, procedures and funding sources, necessary to meet the public facility/ services needs of Blair, based on anticipated population and development requirements. (Cost - $2,200, Month '~ PHASE III -PLAN Il1~LEMENTATION Step 1 Zoning and Subdivision - to include the update/revision of the current zoning/ subdivision regulations. (host - $3,000.00, Months 6, 7 and $) NOTE: Hanna:Keelan will provide Plan options based on three possible growth models. TOTAL COST: $24,100.00 TIlVIELINE: 9 Months BLAII2 LONG RANGE TRANSPORTATION PLAN AND COMPREHENSIVE PLAN UPDATED EXHIBIT C Addendum No, to Services Agreement This Addendum. to that certain Services Agreement dated , 200 is made effective as of 200 by and between the undersigned parties. The Addendum immediately preceding this Addendum was dated , 200 1. Services to be provided: 2. Fees: 3. Schedule: BY Its - Dated HWS CONSULTING GROUP INC. 10844 Old Mill Road, Ste 1 Omaha, NE 68154 By Its Dated F:uVlarketng\PROPOSAUB1air~Blair LRTP F.xhr'bit C.doc o~u, LnaoouM~o o~ u~uroNON o000 `o - ~ lNA ~ aOO..N 'Od„ O.:Mth tN0 m _~ ~..ti N O.eM- ~Y COO _ r M CO r C1 M M sT N N ~ C'~3 GO O .~ ^ ~ th O ~,,,,' fR 63 b9 ffl ff3 !A fA. -tft'-tA fA ~ ff3 Ef3 K} K3 tf3 E9 Efl H3 to 'd'. ti r t+9 N O 1~» N 1~ n ~. W~ p.Q N: N t'~ r m r. e-.r 10 ~ r d` e1' i~ IS~.~ N.r `d'~ O.. G r e- 'Ct O p T ... _ ~--~ N M O N M N N d' N N O O N N N N O) C7 r r U ur O..N N. 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M C'! et M ~ ~ p I~ ~ { ~ Y '- O ro nt I"' ^ F !-- ~ x €~ a~ w a a 0 s ~. a RESOLUTION 2003-15 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS the City of Blair, Nebraska had been presented with a Developer's Agreement between the City of Blair, Nebraska, and LMP Enterprises, LLC to develop the subdivision of Tax Lot 254 lying in the Southwest Quarter of the Northeast Quarter (SW % NE '/) of Section T4, Township 1$ North, Range 11 East of the 6~' P.M., Washington County, Nebraska, and known as "Boulder Ridge Subdivision". WHEREAS, the terms and conditions of the Developer's Agreement are acceptable to the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Developer's Agreement attached hereto, marked Exhibit "A" and by this reference :made .apart hereof as though fully set forth herein, which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska, -and that the Mayor and the City Clerk of Blair, Nebraska, are hereby authorized and directed to execute said Developer's Agreement on behalf of the municipality. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID .MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, AND ABBOTT. COUNCIL VOTING "AYE", AND COUNCIL. MEMBERS VOTING "NAY" AND COUNCIL MEMBER BIFFAR ABSTAINED, THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED-AND ADOPTED THIS 8TH DAY OF APRIL, 2003. CITY OF BLAIR, NEBRASKA a~- S E. REALPH, MAYOR ATTEST: ' ~~ RENDA R. TAYLO ,CITY. CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 8th day of April, 2003. r BRENDA R. TAYLOR, CLERK DEVELOPER AGREEMENT THIS AGREEMENT made this 8th day of.April, 2003, by and between the City of Blair, Nebraska, hereinafter referred to as "City"; and LMP Enterprises, LLC, hereinafter referred to as "Developer". WHEREAS, Developer has submitted a final plat for the subdivision of Tax Lot 2541ying in the Southwest Quarter of the Northeast Quarter (SW1/4 NE1/4) of Section 14, Township 18 North, Range 11 East of the 6~ P.M. in Washington County, Nebraska, and known as `Boulder Ridge Subdivision". WHEREAS, Developer, requests that -City form improvement or extension districts -for street, water and sewer services to the subdivision and Developer is willing to participate in and. fund a portion of the cost of said improvements without the same being assessed against the real estate within the subdivision; and, WHEREAS, Two Rivers State Bank, Blair, Nebraska ("Lending Institution") may have or claim an interest in said real estate and agree their interest shall be junior•and inferior to City's assessments against.said real estate for the construction of said improvements. NOW, THEREFORE, IN CONSIDERATION OF MUTUAL COVENANTS AND BENEFITS TO EACH PARTY AS SET FORTH HEREIN, IT IS AGREED AS FOLLOWS: 1. Developer shall file with City its Petition for creation of said improvement districts. Pursuant to the applicable terms, conditions or prohibitions of the statutes of the State of Nebraska, City will create street, water and sewer improvement districts for~the construction of said improvements within the Boulder Ridge Subdivision according to the terms of this Agreement. 2. All improvements and construction under said district shall be made pursuant to the specifications of City. All contracts for such improvements shall be entered into by City and according to the terms and conditions approved by City. 3. Developer hereby agrees to pay twenty percent (20%) of all construction costs attributed to such districts. City shall not be required. to execute contracts for the construction of said improvements until Developer has. posted with the City a security bond guaranteeing payment of said. twenty percent (20%) upon completion of the contracts and payment by City to the contractors, or, Developer has deposited a cash sum with City equal to twenty percent (20%) of the total contract prices. 4. It is specifically agreed between the parties, Developer shall be responsible for and-pay upon completion of construction under the contracts,. a sum equal to twenty percent (20%) of the actual construction cost. Actual construction cost includes the cast of engineering services, the total contract price for all improvements including any change orders approved by the City from time to time. In the event any change orders are submitted to City for approval, Developer will be notified in writing by City of the time, date and place of the meeting to consider such change order to the construction contract(s): In the event said surety bond or cash deposit exceeds said twenty percent (20%), City shall remit the balance to Developer. In the event the surety bond or cash deposit is less than twenty percent (20%) of the actual construction cost, Developer shall within fifteen (15) days following notification by Cityof such deficiency remit same to City. The remaining eighty percent (80%) of the actual construction cost shall be paid by City to the contractors and assessed as set forth below. 5. City shall specially assess the special assessment portion of the actual construction cost, after credit for said twenty percent (20%) amount paid by Developer, against the property specially benefitted based upon an allocation of special benefits from the improvements completed by the projects engineer and approved by the City and the Developer. The City shall levy such special assessments- within one hundred and twenty .(120) days from the date that engineer certifies the completion of the improvements being installed under the improvement districts. The procedure for levying the special assessments shall be that set forth in the City of Blair Municipal Code and the laws of the State of Nebraska.. The term "actual construction cost" shall include the engineering cost that relate to the improvement along with other costs associated with such construction. 6. It is further agreed by all parties, including the Developer and any other persons, including but not limited to the Lending Institution who may have or claim an interest in or have an encumbrance or lien upon the above-described real estate, that said special assessments shall be a first lien on the real estate for all improvements made under such improvement districts, subject only to general real estate taxes levied and assessed against said premises and that all other interests, encumbrances or liens on said real estate or any part thereof, of any parties to this Agreement shall be junior and inferior to the special assessments of the City against said real estate. 7. City's participation in this Agreement and all of its responsibilities and obligations hereunder shall be subject to any and all provisions imposed on City by the statutes of the State of Nebraska and the Municipal Code of the City of Blair. 8. Developer hereby agrees that it will timely pay all installments due for the special assessments made against the above-described real estate and that it will not allow any installments due under said special assessments to become delinquent. 9. The City a.s of the date of this Agreement has approved the final plat of Boulder Ridge Subdivision consisting of three lots, a proposed public street and other improvements. Pursuant to the terms of this Agreement, City shall cause separate improvement districts to be created for the installation of the public improvements described herein for Boulder~Ridge Subdivision. The process for designing, bid process and construction of the improvements shall commence within a reasonable period of time after execution of this Agreement. 10. The Developer agrees to convey to City all right, title and interest it may have in the proposed Ridgeview Road, said road to.be a public street. 11. This Agreement shall be binding upon and inure to the benefit of the Developer, City, Lending Institution-and each of their respective successors, representatives and assigns. IN WITNESS WHEREOF, the parties have executed-this Agreement on the date and year first above written. - ATTEST: - LMP 4 CITY OF BLAIR By .._._ a, Il~r~9.uli ~1~ TWO RIVERS STA'~'~, BANK RESOLUTION 2003-16 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Concrete Equipment Company, Inc, has submitted a request for a Right-of--Way Easement along, over and across a strip of land twenty-seven feet (27') in width on the east side of 12~ Street. and a strip of land twenty-seven feet (27') in width along the west side of 12~ Street, both of said strips to commence at a point 57.5 feet from the center line of State Street and to terminate at a point 95 feet north of the center line of the Union Pacific Railroad right-of--way, all in the City of Blair, Washington County, Nebraska, for the purpose of parking equipment and inventory. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF .THE CITY OF BLAIR, NEBRASKA, that the Right-of--Way Easement between the City of Blair, Nebraska and Concrete Equipment Company, Inc., a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Blair, Nebraska are hereby authorized and directed to execute said Right-of--Way Easement on behalf the Municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE UPON ROLL CALL, COUNCIL MEMBERS SCHEVE, STEWART, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFARVOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", COUNCIL MEMBER STEWART ABSTAINED. THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED~THIS 13TH DAY OF MAY, 2003. CITY OF BLAIR, NEBRASKA B~ J ALPH, MAYOR ATTEST: I`~ 1 BRENDA R. TAYLOR CLERK (SEAL) STATE OF NEBRASKA. ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 13th day of May, 2003 BRENDA R. TAYL CITY CLERK ~3 J~l~ -3 P~ 3~ 2~ EASEMENT This Agreement made this 13th day of May, 2003 CtiARi.tiTTE L, P~TER~EN , ~dASf~IHG7flH C{#IJhTY.CLER~ ~LAiR. hi~~R by and between the City of Blair, Nebraska, and a Municipal Corporation, hereinafter referred to as "Grantor", and Concrete Equipment Company, Inc. hereinafter referred to as "Grantee". In consideration of the mutual covenants contained herein, the Grantor does hereby grant to the Grantee an easement on the real estate over, along and across a strip of land twenty-seven feet (27') in width on the east side of 12~' Street and a strip of land twenty-seven feet (27') in width along the west side of 12~ Street, both of said strips to commence at a point 57.5 feet from the center line of State Street and to terminate at a point 95 feet north of the center line of the Union Pacific Railroad right-of--way, all in the City of Blair, Washington County, Nebraska, for the sole purpose of parking and storing equipment and inventory. This easement shall continue until such time as the Grantor desires to terminate same. Such termination may be with or without cause and shall be in the sole and absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not Less than thirty (30) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall promptly remove all equipment and inventory from said real estate, at its expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the parking or storage of equipment and inventory on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and 1 ~- injuries, but shall specifically include but not be limited to attorney fees and reasonable cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal property includuzg the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said parking lot and the Grantee shall further be liable to the municipality for ahy attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantee and the rights under this easement.shall not run with the land but shall terminate upon conveyance of the property adjacent to such right of way which is owned by the Grantee. CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION, Grantor B Jam E. ealph, Mayor CONCRETE. EQUIPMENT COMPANY, INC., Grantee By ~~~ STATE OF NEBRASKA ) as: WASHINGTON COUNTY } NulcSmt~, ~~tsid~n-I- Before me, the undersigned, a Notary Public in and far said county and states, personally came _ to me known to be the identical person who signed the above and foregoing Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed on behalf of said City. WITNESS my-hand and seal this 13th day of May, 2003. ~~~~~~~-. ~J y~~/•~D~.yA`•F~+R/E~~C~Hyp pip ~*; OE~ER.tit~.` ~i 1IVfYGY11~~7~VN G/li'~fILO A ' NOTppYi _ 'ARY PUBLIC 2 ~ 1 a .STATE OF NEBRASKA ) )ss WASIiINGTON COUNTY ) Before me, the undersigned, a Notary Public in and: for s id county and states, personally Came ~(7.,rY1eS ~Cq.~~ ~ t3 ica~ r. ~2.1~ ~~ of C~ ° -~s~ ~ , . , to me known to be the identical person who srgned the above and foregoing Easement as Grantee and acknowledged the execution thereof of to be his voluntary act and deed on behalf of said Concrete Equipment Company, Inc:. WITNESS my hand and seal this 2~t -day of ,~'~ 2003. ~! , ~~ o~ra~ ~ NOTARY PUBLI ~y~n,~4,''~~'~°4 3 y .. ~ ! I Qff 'tt .. ~ ~ ~a ~ Y}y` Exhibit "A" (1} The 57.5 feet from the center of State Street, City of Blair, Washington County, Nebraska; and (2} The 95 feet north of the center of the Union Pacific Raikoad right-of--way, City of Blair, Washington County, Nebraska. 4 t- ~:. ~' ~. R } a• RESOLUTION 2003- 17 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING.RESOLUTION: WHEREAS, pursuant to the Community Development Block Grant Program 'as administered by the State of Nebraska, the City of Blair adopted a Reuse Revolving Loan Fund Program and that the Mayor and City Council of the City of Blair, Nebraska deem it to be in .the best interest of the City to amend such Loan Fund Program. BE IT RESOLVED that attached hereto, marked Exhibit "A" and incorporated by this reference herein, is the amended Community Development Block Grant Reuse Revolving Loan Fund Program for the City of Blair,. Nebraska. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to forward a copy of this Resolution and the attached Reuse Revolving Loan Fund Program to the Department of Economic Development with the State of Nebraska COUNCIL MEMBER SCHEVE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER STEWART. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING. "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF APRIL; 2003. CITY OF BLAIlZ, NEBRASKA BY ,~+~----- _~-- . REALPH, MAYOR ATTEST: BRENDA R. TAYL CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 22nd day of April, 2003 ;. BRENDA R. TAYLOR, CI ERK d t CITE' OF BLAIlZ CO DEVELOPMENT BLOCK GRANT (CDBG~ REUSE REVOLVING LOA~TIGR:ANT PROGRAM (revised 4/23/03) City of Blair is committed to the enhancement of economic development and job creation in the 's toning jurisdiction and to the elimination of slum and blighted conditions in the City's ~elopment area. The City actively supports efforts to assist businesses in reaching their maximum ~tia1. Funds available shall come from the repayment of principal and interest on CDBG loan s and loans from the fond I.I TYPE OF PLAN B. III :A. Blair's plan is a local plan. Projects must be located within city limits or the city's twa-mile zoning jurisdiction GOALS AND OBJECTIVES Applications for loans andlor grants from the fund shall meet one of the following National. Objectives to be eligible: 1. 51% of jobs created or retained must be held by or available to low to moderate income persons; or 2. Projects must help eliminate slum and blighted conditions in the City_'s designated . redevelopment area. _ focal Objectives . 1. To provide financing for start-up and existing businesses that cannot obtain conventional financing or to attract new businesses to the community. 2. To create and retain jobs principally for low to moderate income persons. 3. To encourage the redevelopment of vacant or blighted buildings anal Iand. 4. To promote entrepreneurship and new business development. 5. To provide necessary public infrastructure to businesses. 5. To improve substandard public infrastructure in the redevelopment area to help eliminate slum and blighted conditions. - . 7. To assist businesses with job training costs for new employees or to upgrade skills of _ eXiS$t~ employees. ELEMENTS 'OF THE PLAN Eligible BusinesslApplicants i ~ - s t _ 1. Industrial,' - manuf~.cturing; food processing, agricultural processing, commercial, seruice, telecorn_m_tmicatons, franspor(ution, retailbusinesses, restaurants. 2. .Public in:frastxsict<are projects. in designated redevelopment area for elimination of slum and blighted conditions. Eligible Activities Acquisition of real estate, -laud and buildings, fixed-: assets, machinery and equipment, renovations, .remodeling, site preparation, working capital, public infrastru.~~re, public'parking, - street, 'roads, storage slid, clistri.ian systems, water punxping stations, storm sewer, sanitary sewer, sanitary treatment s;Ys~ems, sanitary pre-treatment .systems, sidewalks, elimination of accessibility tamers to public and private buildings, and. jab traini~ag costs.. C Tapes of Assistance Available - - I ' .Direct • loans, deferred Ioar3s, per~ormauce based loans, Loan guarantees, graarts for public infrasfnacture, and grants for job'training: City reap assume a second: position to 'the primary. Lender. - D ~ I~ tnirrt?m Assistance . X5,000 ~.: Maximum Assistance _ _50,000 I ~rrvate . ~ ~ ' j Unlimited /City Infrastructure~Proj~t _ - . ._ E. Percentage ofEligzble. Cost.. . 20 % !Private i00% / City infrastructure Project . F• Reguix'ed. E;gdity Injection 20% I Private ' n ~ Not Applicable I City Infrastructure Project - Cx. :Itrtexest Kate 0% up to % of Bank/Lending Institution Kate - iL Loan Terms. - Shall. be same. as Przmary Lender Sidewalk:.TmpraYement Projects, Up to 1 Year... Working Capital Up to 3 Years Machinery and Equipment Up to 7 Yearn ar usef zl. Life; .whichever is less I:and and Buildings Up to 15 Years ~ j Y i . t , PLAN ADMIlVISTRATION Application Process 1. Applications available at City Clerk's Office. 2. Application Review: All applications shall be reviewed by a Review Committee consisting of the Executive ~}irector of Gateway Development Corporation, -the PresidentNice President of Blair Area Chamber of Commerce, the City Auditor, and two members of local lending institutions. The applicant may be asked to be present at the meeting to answer questions. 3. Applications for "the program will be accepted .and reviewed on a continual basis. Applications-will be reviewed on a first comelfirst serve basis. When all funds are committed, the application process will cease until additional funds become available. 4. .Applications must be filed with the City Clerk at 218 South 16~ Street, Blair, NE -68008. ~ - 5. City staff including the City Attorney's office and Executive Director of Gateway Development Corporation, will. conduct si; initial review -af an application to make sure it is complete and that the project is eligible for consideration. 6.. Applications will then be forwarded to the Review Committee, who will make a recommendation to the City Council to approve or deny the application. A vote of 3/ majority of the City Council -{6} will be required to reject a recommendation fox approval by the"Review Committee. 7. The application process is expected to take between 45-90 days from date of application delivery to loan closing. 8. The Review Committee reserves the right to make its recommendation based on the credit worthiness of the applicant or rely on information provided by the primary lender. B. Loan Closing 1. Loan closing will be completed by City staff under the direction of the City Attorney. The City Attorney will prepare all Legal documents and security instruments (loan agreements, promissory notes, guarantees, contracts, mortgages, financing statements, UCC forms, etc.) 2. City Treasurer will disburse funds to applicant upon completion of Ioan closing as directed by City Adm~ni~tor and City Attorney. C. Grants 1. Grants. for public infrastructure improvements shall be reviewed utilizing the same procedures as for loans. 2. Grants shall be disbursed fromthe.funds monthly as needed, reimbursing the applicant for expenditures. . D. ~'roject Monitoring -1. City staff shall be responsible for loan servicing and monitoring job creation/retention requirements 2. City staff shall be responsible for compliance on such issues as environmental review and Davis Bacon compliance, if applicable. 3. City- shall utilize a CDBG certified program a min,strator to monitoz-all loans and grants. E. Program Am-endment This CDBG Reuse Revolving Fund Program may be amended from time to time upon the affirmative vote of the City Council following a public hearing. '6T. REF®RTING T© THE ]~EPARTMEl~T €9F ]ECDN~l~IC IDEVEI-,GPMEl'~TT l . Reuse Program shall be submitted to DED for approval 2. City sta,~ utilizing certified CDBG program. administrator, shall be zsponsible for , _ filing all Semi-Annual Program Income Reports to DED by 7uly IS -and January 15. -~- . i iI. Ar~cA~€ox/UsE o~ Furtns Land Acquisition $ Budding Acquisition $ RemodelinglRenovation $ New Construction $ working Capital ~ Other $ Brief Summary of Project: I~. R~EtD~671RED INFOR1V~riTI(]!lY - Borrower shall,pravide the following attaehmen~ts: - Fersoa~al Financial Statemen - Balance Sheet and Profit and Loss Statement. far previous three years (existing business only} - A current balance sheet and current operating statement na older than 94 days (existing business only) - Accourrts payable/accouruts receivable - A monthly cash flow analysis far the first year or three months past the break even point - The last ~vo fiscal year financial statements oir two years tai returns ' - Ratio summary-quick ratios; current ratios, debt to worth, debt to assets requested NOTIJ: Addition] information will ~ requested if necessary r r ~ a a Y h T e. r W J~-1 1 O~ ~LG 1J~~. CDBG ~TJSE ~'I3ND iN~`RAS'~'RUCT''~JR.E GRANT APPL~~A'TION (revised 4/7/U3) APPLICANT: City of Blair TYPE OFPRQJECT: Water Main ^ Sewer Main ^ Water Pumping ^ Sewer Pumping - Street Paving ^ ^ Storm. Sewer ^ Sidewalk Elimination of Accessibility Barriers ^ Other ~ ^ TQTAL PROJECT,COST: - FCIND.S REQUESTED: - F[~ND OBJECTIVE: Jab Creatian/Retention ^ Elimination of Slum/Blighted Conditions C7 Joa CREr~Ttox/RETENr1oN: Name of Company Benefiting - Number ofJobs Created/Retained Number ofJobs LMI Total Project Cost (Excluding Infrastructure Improvements) . Bank Finaneiug _ Owner Equity ADDRESS OF PROJECT: Objective 1s elirninc`rtlan of Slum blighted COnditians, give brief narrative of project and haw it meets goals of City of Blair Redevelopriient Plan. T1 RESOLUTION N0.2003-18 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair has been presented with a Rental/LTse Agreement for the utilization of the Blair City Police Department Public Meeting Room. NOW, THEREOFRE, -BE IT RESOLVED BY THE MAYOR AND. CITY COUNCIL of the City .of Blair, Nebraska, that said . RentallUse Agreement is hereby approved by the municipality, -and .the City .Administrator or his/her designee is .hereby authorized to execute same on behalf of the municipality. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, . MCMANIGAL, BIFFA:R, WOLFE AND ABBOTT- VOTING "AYE" AND COUNCILMEMBERS FANOELE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13TH DAY OF MAY, 2003. CITY OF BLAIR, NEBRASKA. BY J ALPH, MAYOR ATTEST: ~~ BRENDA TAYLOR, CLERK {SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she. is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the13~' day of May, 2003. B A R. TAYLO TY CLERK ,~ RENTAL/USE AGREEMENT The undersigned hereby requests Meeting Room by (person/organization) for the purposes of . For and in consideration of the use of said meeting room, the. undersigned hereby specifically agrees to the following terms and conditions and specifically shall be bound by all provisions of this agreement. . 1. The premises shall be used only for the purposes as specified hereinabove. 2. The. premises shall be used for such purposes by the undersigned on 20~ from o'clock _.m. to o'clock m. 3. Configuration of the premises, including placement of tables or chairs, shall be restored to the same condition as prior to the use of the premises by the undersigned. 4. No alcoholic beverages or liquor shall be possessed or consumed on the premises, and the undersigned shall take all reasonable precautions and actions to enforce such prohibition. 5. The undersigned shall further be responsible for enforcing the City's "No Smoking" policy in the meeting room or any part of the Police Departinent premises for which utilization is permitted to the undersigned. 6. -The undersigned shall be responsible for cleaning up of the meeting room and removal of all trash and any left over food from the building by placing it in the dumpster located in the parking area. ~7. The undersigned shall be specifically responsible for locking and. securing the facilities upon termination of the use. No decorations including, but not limited to, use of nails, tacks, staples, other metal penetrating objects, tapes, or adhesives may be used without prior permission from the City Administrator. Any decorations or other displays for which authorization has been granted shall be removed upon termination of the use by the undersigned. 8. The undersigned covenants that the undersigned will not use the premises for any illegal purposes nor will the undersigned permit same to be used for any unlawful business or purpose whatsoever; that the undersigned will not permit any nuisance. whatsoever on said premises; that the undersigned will instruct any guests and invitees as to the covenants herein and not permit any activities or conduct by any guests or invitees which are prohibited or required herein. use of the Blair Police Departrnent Public f ~..a 9. The premises shall be utilized for the occupancy of no more than forty-nine (49) persons which the undersigned specifically acknowledges is the maximum number of persons for which authorization is in compliance with the State Fire Marshall's regulations. 10. The undersigned warrants and represents the use of the premises is by an organization/individual as marked below and further agrees to remit the rent, if any, as indicated hereinbelow. Non Profit Organizations Public/Governmental Organizations Political Organizations Public Informational Forums Political Rallies Business or Commercial Organizations Private Use (Parties, Showers, Etc.) No Charge No Charge No Charge $50.00 $50.00 $50.00 11. THE UNDERSIGNED SHALL SPECIFICALLY BE RESPONSIBLE AND LIABLE FOR ALL DAMAGES TO THE PREMISES AND ITS CONTENTS CAUSED BY THE UNDERSIGNED'S GUESTS OR PERSONS OCCUPYING THE PREMISES WITH -THE UNDERSIGNED'S INVITAITON OR PERMISSION. 12. SECURITY. DEPOSIT/DAMAGE: Lessees shall pay, in advance, to Lessors the sum of Two Hundred Fifty Dollars ($250.00) to be held as a security deposit for damage. The security deposit shall be returned to Lessee on surrender of the premises in a good state and condition, reasonable use and wear excepted. 13. This agreement shall be binding upon the heirs, personal representatives, successors, and assigns of the undersigned. 14. The undersigned hereby specifically acknowledges receipt of a copy of the foregoing agreement and that the undersigned has read, understands, and agrees to comply with all of the terms and conditions as yet forth in this agreement. Dated: ~ 20 .~ ~ ' TffiS RESOLUTION FAILED DUE TO THE LACK OF A MAJORITY VOTE RESOLUTION N0.2003 -19 COUNCIL MEMBER MCMANIGAL INTRODUCED THE FOLLOWING RESOLUTION: WI~REAS, by Ordinance No. 1b37 on May 10, 1993, the Mayor and City Council for the City of Blair, Nebraska created the Airport Authority for the City of Blair, Nebraska (hereinafter referred to as "Airport Authority'}. WHEREAS, once created, the Airport Authority is a political subdivision of the State of Nebraska with the authority to levy taxes for airport purposes and that pursuarn to Neb. Rev. Stat. 3-504(12) the Airport Authority is authorized to certify annually to the City of Blair a tax levy not'to exceed three and five-ternhs cents on each One Hundred Dollars ($100.00) of taxable valuation and that the City is required to levy and collect such taxes so certified; provided however, the Airport Authority has the power to request an additional amount of tax in an amount not to exceed an additional three and five-terrths cents on each One Hundred Dollars ($100.00) of taxable valuation but that when such additional amount of tax is first certified to the City of Blair, the City Council may then require, but not thereafter, approval of the same by a majority vote of the members of the City Council or by a majority vote of the electors voting on the same at a general or special- election. WI~REAS, the Airport Authority tax levy is currently below the initial three and five-tenths cents on each One Hundred Dollars ($100.00), and no request has been made by the Airport Authority to exceed the initial tax levy authority; however, in light of the current economic and business climate, the City Council desires to notify the Airport Authority that it will not approve a request at this time for any amount of tax in excess of the initial three and five-tenths cents on each One Hundred Dollars ($100.00) taxable value levy authority. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council for the City of Blair, Nebraska, hereby directs the City Clerk to notify the Airport Authority for the City of Blair, Nebraska, that at the preseirt time, no request for funds in excess of the initial three and five-tenths cents on each One Hundred Dollars ($100.00) of taxable valuation will be approved by the City Council. COUNCIL MEMBER MCMANIGAL MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER STEWART. UPON ROLL CALL, COUNCIL MEMBERS STEWART, MCMANIGAL, BIFFAR AND FANOELE VOTING"AYE", AND COUNCIL MEMBERS ABBOTT, SCHEVE, SHOTWELL AND WOLFF VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION FAILED DUE TO A TIED MOTION AND MAYOR REALPH BREAKING THE TIE VOTING NAY TO DEFEAT THE RESOLUTION ON THIS 13TH DAY OF MAY, 2003. CITY OF BLAIlt, NEBRASKA. ATTEST: BRENDA R TAYLOR, CITY CLERK STATE OF NEBRASKA ~ : ss: WASHINGTON COUNTY ) JAMES E. REALPH, MAYOR BY BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular-.meeting of the Mayor and City Council of said City, held on the 13TH day of MAY, 2003. BRENDA R: TAYLOR, CITY CLERK r RESOLUTION N0.2003 - 20 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Easement between the City of Blair, Nebraska, and the Blair Public School District No. 1 of Washington County, Nebraska has been prepared and presented to the City Council, a copy of which Easement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Easement referred to hereinabove is hereby adopted ,and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27TH DAY OF MAY, 2003. CITY OF BLAIR, NEBRASKA BY DAME E. PH, MAYOR ATTEST: r RENDA R. TAYLO , C CLE (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 27th day of May, 2003. ~~~~~ BRENDA R. TAYLOR, C LERK EASEMENT (Public Trail System) ~~ L t~3 J t 9 ~~ ~: ~ D ~~sKtxcfo~ caur~t~;e~,~~ $l.A1R,.N~9R, This Easement Agreement ("Agreement") is made on May 27, 2003, by and between School District No. 1 of Washington County, Nebraska, hereinafter referred to as "Grantor", and the City of Blair, Nebraska, hereinafter referred to as "City". WHEREAS, Mayor and City Council have approved a trail system in the City of Blair, Nebraska, to be used by City and the general public. WHEREAS, Grantor is the owner in fee simple of certain real estate ixi the City of Blair, Nebraska, upon which City intends to construct a portion of its trail system; .and, WHEREAS, Grantor desires to grant unto City an easement for the purpose of allowing City, at no cost to Grantor, to construct, install, operate, use, maintain and repair a portion of the trail system for the general public along, over and across Grantor's real estate described below. NOW THEREFORE, FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1) Grant of Easement: Grantor does. hereby grant and convey unto City a revocable easement over, along and across a parcel of real estate, for the purpose of constructing, installing, operating, maintaining and repairing ahard-surfaced. trail {"Trail") which is to be used as a portion of the City of Blair Trail System, far use by the general public, said parcel of real estate more particularly described as follows: SEE EXHIBIT "A" attached hereto and incorporated by this reference herein. ADO 3 ~ 7 3 ft _ STATE flF NEBRASKA COl1NTY OF INASHINaTflN)SS ~t~e~ ENTERED IN NUMERICA! INDEX AND FOLED fflR RECORD :D:24~3 --- - - -- -~enet'ai- - ~ -- ---- Numerical AT ~; O'CLOCK p .,.M A1dD RECORDED {N BOOK Photastat _:'~{~ AT PAGE ~"5q ~ - - ° ~ DEPUTY C RK ~` 5 The parties believe, but Grantor does warrant, that Grantor owns the parcel of real estate described on Exhibit "A". 2) Construction and Maintenance: The Trail described above shall be constructed and installed in a workmanlike manner and shall be maintained in good repair and safe condition by City, at City's sole cost and expense, while such Trail is available for use by the public (i.e. the Trail or any portion thereof may be closed to the public, at City's discretion, for repairs, maintenance, inclement weather, obstructions, etc.). City will clean trees as indicated by a representative of the Grantor up to ten (10) feet from the paved portion of the Trail, provided no trees will be removed from any wetland area. 3) Removal of Snow, etc: Grantor, its heirs, successors and assigns, shall not be required to remove snow, sleet, mud, ice or other obstructions from said Trail and furthermore, that the parties hereto agree that any provisions of the Municipal Code of the City of Blair, Nebraska, pertaining to sidewalks and the obligations of landowners in regard to sidewalks, shall not apply to Grantor in regard to the trail system located on the easement described herein. 4) Duties of City: City agrees: (a) To hold District harmless from any claim, cause of action, or liability arising out of the construction, installation, operation, maintenance, repair and use of the Trail, except when due to the Grantor's awn negligence; and (b) To relocate the Trail, at City's cost, in the event said Trail reasonably interferes with (i) future use by Grantor of the easement area for any school related uses or (ii) future use by Grantor of adjoining real estate owned by Grantor for ¢~- ~. 2 ~~ a ~ ego . ~ any school related uses; provided further that in such event, the Grantor agrees to .use reasonable efforts to allow City to relocate the Trail on a portion of Grantor's. real estate which will not reasonably interfere with Grantor's service and operation of its school system; - (c) Not to place any obstruction :between the school. building and the Trail which. would obscure individuals on the Trail; provided, however, the parties agree that any. obstructions,. natural or otherwise, that are in existence at this. time are not required to be removed. 5) ~ Duties of Grantor: Subject to the provisions, .set forth above and set forth below, Grantor agrees it shall not use the easement area in any way that will impair ar ,obstruct the. rights: granted. to City for use of the Trail by the general .public; provided however, Grantor. reserves the right to eject individuals who the Grantor.:-reasonably believes is or may, in Grantor's sale discretion, pose a risk to the health, safety, morals, and order of Grantor's faculty, employees and students. ~ - 6) ~ Easement~to Run with the Land• This grant of easement shall run with the land and shall be binding upon and inure to the benefit. of the parties hereto, their heirs, successors and assigns, and shall be perpetual in nature. 7) Indemnification: (a} City hereby indemnifies and holds Grantor harmless from liability arising out of the construction, installation, operation, maintenance, repair and use of the Trail located on the easement area; except when due to the Grantor's, its employees' or agents' negligence. 3 .~ e 59~ (b} City shall maintain. a policy of general liability insurance in an amount not less than the maximum tort claim monetary limit for political subdivisions as established by the laws of the State of Nebraska; provided further that City, upon request of Grantor, shall provide a certificate of insurance evidencing such insurance coverage. 8) Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns. 9) Term: This easement may be terminated by Grantor upon the occurrence of any of the following events, provided however, Grantor shall give City written notice of termination and the cause of such termination and City shall be given a reasonable period of time to cure such event (usually not less than thirty (30) days) and should City .not reasonably cure such event in a .reasonably .timely manner, then this easement shall terminate, to wit: (a) Use of the trail system is abandoned for six (6) consecutive months; (b} Failure. of City to maintain the trail system in a reasonably good and safe condition; (c} Failure to provide City with proof of general liability insurance upon request by Grantor; (d) Failure to reasonably assist Grantor in ejecting individuals who are trespassing on the trail system; and, (f) Failure to relocate the trail system as required under the terms of paragraph 4(b) hereinabove. ~~ 4 ., .~. 9~ (g) The Trail causes a "supervision or safety hazard as reasonably determined by Grantor. +t'~' ~~ s~~4°~ 1 Grantor Ci CITY OF BLAIl2, NEBRASKA -'"'~~, J S ALPH, MAYOR STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) ATTEST: ~~~~ - ~, IC BRENDA R. TAYLOR, %®! 'l~/ CLERK The bo and fore ing Easement was acknowledged before me, a Notary Public, b ~ x~~`.r ~~ this ~, day of `'° 2003 and they acknowled the execution of the foregoing Easement to be 'voluntary act and deed . for the purposes therein set forth. GEAIERAL NOrARY. s~ orNebaska aitiN~a sa~aR .. ~rGbmm. ~. ~. ~, zoa~ STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) Notary Public The above and foregoing Easement was acknowledged before me, a Notary Public, by JAMES E. REALPH, MAYOR,' City of Blair, Nebraska, on behalf of the City, this 27th day of May, 2003 and he acknowledged the execution of the foregoing Easement to be his voluntary act and deed for the purposes therein set forth. " otary ublic D GENERAL NOTARY-smmofN PEGGYJ.FRAHM 5 My Gomm. F~qt. JunS ~, 2004 tom:: =da F Exhibit "A" The centerline of a 20.00 foot Bike Trail Easement located in Tax Lot 628, a tax lot located in the East %Z of the NE I/ of Section 11, Township 18 North, Range 11 East of the 6~' P.M., Washington County, Nebraska, more particularly described as follows: Commencing at the Southwest corner of Lot 1, Arbor Heights, a subdivision located in the SW 1/ of the SE 1/ of Section 2, and also the NE 1/ of said NE 1/ of Section 11, said point also being the point .of intersection of the Northerly right-of--way line of U.S. high way No. 75 and the West right-of--way line of 18~ Avenue; thence N87 20' 17"E (assumed bearing), a distance of 66.00 feet t~o a point on the East right-of--way line of said 18~ Avenue, said line also being the west line of said Tax Lot 628; thence 502 39' 43"E along said East right-of--way line of 18~ Avenue, said line also being said Westerly line of Tax Lot 628,_ a distance of 96.79 Feet to the point of beginning; thence S61 15'04"E, a distance of 168.34 feet; thence' S59 20'42"E, a distance of 53.27 feet; thence Southeasterly on a curve to the left with a radius of 150.00 feet, a distance of 113.71 feet, said curve having a long chord which bears S81 03'41"E, a distance of 111.00_ feet; thence N77 13' 19"E, a distance of 103.70 feet; thence Southeasterly on a curve to the right with a radius of 30.00 feet, a distance of 26.51 feet, said curve having a long chord -which bears S77 27'55"E, a distance of 25.65 feet; thence S52 09'10"E, a distance of 36.81 feet; thence Southeasterly on a curve to the right with a radius of 100.00 feet, a distance of 58.93- feet, said curve having a long chord which bears S35 16' 18"E, a distance of 58.08 feet; thence S18 23'25"E, a distance of 56.07 feet; thence Southeasterly on a curve to the left,with a.radius of 100.00 feet, a distance of 82.30 feet, said curve having a long chord which bears S41 58'06"E, a .distance of 80.00 feet; thence S65 32' 46"E, a distance of 49.00 feet; thence Southeasterly on a curve to the right with a radius of 60.00 feet, a distance of 6.28 feet, said curve having a long chord which bears S62 32'59"E, a distance of 6.27 feet; thence S59 33' 12"E, a distance of 108.42 feet; thence Southeasterly on a curve to the right with a radius of 60.00 feet, a distance of 80.31 feet, said curve having a Long chord which bears S21 12'28"E, a distance of 74.45 feet; thence S 17 08' 15"W, a distance of 20.27 feet; thence Southwesterly on a curve to the left with a radius. of 60.00 feet, a distance of 12.62 feet, said curve having a long chord which bears S 11 06'45"W, a distance of 12.60 feet to a point on the Northwesterly right-of--way line of the abandoned Chicago and Northwestern Railroad, said point also being the point of termination; said point of termination being S43 14' 10"W along said Northwesterly right-of--way line of the abandoned Chicago and Northwestern Railroad, a distance of 19.78 feet from the Northwest corner of Tax Lot 331, a tax lot located in said East I/Z of the NE% of Section 11 except that portion that lies in Tract 1 of Neff's First Addition, a subdivision located in East %2 of the NE% of said Section 11. And also together with: The centerline of a 20.00 foot wide Bike Trail Easement located in Tax Lot 628, a tax lot located. in the East %z of the NE 1/ of Section 11, Township 18 North, Range 11 East of the 6~ P.M., Washington County, Nebraska, more particularly described as follows: 6 Y ~ ~ ~ f I .. ~is Commencing at the 3/" pinched pipe located at the Northwest corner of Tax Lot 331, a tax Iot located in said East %Z of the NE 1/ of Section 11, said point also being the Northerly corner of the abandoned Chicago and Northwestern Railroad right-of--way; thence Nl6 32'55"W (assumed bearing), a distance of 18.07 feet to the point of beginning; thence S73 09'36"E, a distance 7.21 feet; thence Easterly on a curve to the Left with a radius of 100.00 feet, a distance of 33.97 feet, said curve having long chord which bears S82 53'28"E, a distance of 33.81 feet;. thence N87 22'39"E, a distance of 75.00 feet, a distance of 26.27 feet, said curve having a long chord which bears N77 20'36"E, a distance of 26.14 feet; thence N67 18'33"E, a distance of 24.30 feet to the point of termination; said point of termination being N58 24' 11 "W, a distance of 40.35 feet from the 3/" open pipe at the Southwest corner of Tax Lot 578, a tax lot located in said East 1/s of the NEl/2 of NEl/ of Section 11, said point also being on said Southerly line of Tax Lot 628. 7 RESOLUTION N0.2003 - 21 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the downtown business district of the City of Blair, Nebraska, consisting of Front and Lincoln Street between 15~` Street and 19~' Street has been a focal point for business and commerce of the City for over 100 years. WHEREAS, many of the buildings in the downtown business district were in existence around the turn of the century and have greatly contributed to the history of the City of Blair, Nebraska. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council hereby officially recognize the historical significance of the downtown business district for the City of Blair, Nebraska. BE IT FURTHER RESOLVED -that, although the downtown business district has not been officially recognized.or listed on the State Historical Registry, the City of Blair recognizes and supports the importance of the historic downtown business district to the .development of the City of Blair, Nebraska. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, 5HOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 27~ DAY OF MAY, 2003. CITY OF BLAIR, NEBRASKA BY h J S ALPH, MAYOR ATTEST: ~~~~~~ B NDA R. TAYLOR, C C (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly- appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 27th day of May, 2003. ~2~~~ BRENDA R. TAYLO , C CLE RESOLUTION 2003-22 COUNCIL- MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Country Tire, Inc., has submitted a request for aRight-of--Way Easement along, over and across a strip of land twelve feet (12') in width along the east side of 12~' Street and a strip of land twelve feet (12') in width along the west side of 12~' Street, both said strips located between Grant Street on the south of said strip and the southern boundary of the alley in Block 52 and 53 iri the City of Blair, Nebraska, for the purpose of parking equipment and inventory. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA., that the Right-of--Way Easement between the City of Blair, Nebraska and Country Tire, Inc., a copy of which is attached hereto, marked Exhibit "A" and incorporated by this reference herein, is hereby accepted and adopted by the City of Blair, Nebraska. BE IT FURTHER RESOLVED that the Mayor. and City Clerk of the City of Blair, Nebraska are hereby authorized and directed to execute said Right-of--Way Easement on behalf the Municipality. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED. THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 10TH DAY OF JUNE, 2003. CITY OF BLAIR, NEBRASKA BY T. O H LL, ACTING MAYOR 1 ATTEST: /t .- BRENDA ~2. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City. Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 10th day of June, 2003 BRENDA R. TAYLOR, LERK 2 STATE O~F NEBfiASKA COUNTY OFUU'ASHiN670NgS$ ~U 3 ~'~3~ ENTERED IN-NUNIE+RtGAL IND ANfl FlLED FOR RECQRD THIS. C~DAYOF A.Q.20~' ATO'CLQCK ~ AIMI ~R~~ORflEfl iN H~K t TPA ~~~~~ CU~7NTY CLERK ...:EASEMENT cr~~~~.~rr~ i, ~Er~~s€~ , , DEPUTY ~~s~f~c~a~u cau~rr,cs.~~~: 9LA1Ft, H£8# This Agreement made this 10th day of June, 2003 by and between the City of Blair, `' " Nebraska, and a Municipal Corporation, hereinafter referred to as "Grantor", and Country Tire, Inc. hereinafter referred to as "Grantee". In consideration of the mutual covenants contained herein, the Grantor does hereby grant to the Grantee an easement over, along and across-the following described strips of public right- of-way, to wit: 1. A strip of land twelve (12) feet in width along the east side of 12~` Street between the northern right-of--way of Grant Street and the southern right-of--way of the alley in Blocks 52 and 53 in the City of Blair; and 2. A-strip of land twelve (12) feet in width along the western right-of--way of 12a' Street between the northern boundary of Grant Street and the southern boundary of the alley in Blocks 52 and 53, all located in the City of Blair, Washington County, Nebraska. The sole purpose of this easement is to .allow Grantee to park equipment and inventory; provided however, Grantee shall not park, place or store any equipment, inventory or any other obstructions in the site triangle easement at the intersection of 12~` Street and Grant Street, said site triangle easement to be calculated pursuant to the provisions of Section 1101 of the Zoning Regulations for the City of Blair, Nebraska. This easement shall continue until such time as the Grantor desires to terminate same. Such terminatian may be with or without cause and shall be in-the sole and absolute discretion of the Grantor.. The Grantor shall give notice in writing of such termination not less than thirty (30) days prior to such termination which such notice may be given to the Grantee by regular United States mail, postage prepaid. In the event and at such time of the termination of this easement, the Grantee shall promptly remove all equipment .and inventory from said real estate, at its expense. It is specifically understood and agreed that the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this easement. 1 The Grantee further hereby agrees to save harmless and indemnify the Grantor from any and all claims, causes of action, damages, injuries, or any other liabilities of any nature or kind whatsoever, which may arise from any reason whatsoever as a result of the parking or storage of equipment and inventory on municipal right of way. Such indemnification and save harmless shall apply not only to the Grantee but shall apply as well to any claims, causes of action, damages, injuries, or any other liabilities of any nature or kind sustained by any third parties, persons, or any other entities which such claims, or causes of action may be brought against the municipality. Such indemnification save harmless shall apply not only to such damages and injuries, but shall specifically include but not be limited to attorney -fees and reasonable cost of defense of any such claims. Such indemnification and save harmless shall further specifically include but not be limited to any damages to municipal property including the right of way, grades, drainage structures, ditches, roadways, or any other municipal property as the result of the construction of said parking lot and the Grantee shall further be liable to the municipality-for any attorney fees, expenses, or other expenses incurred in recovery of such damages. This easement may not be assigned by the Grantee and the rights under this easement shall not run with the Land but shall terminate upon conveyance of the property adjacent to such right of way which is owned by the Grantee. CITY OF BLAIR, NEBRASKA A MUNICIPAL CORPORATION, Grantor BY J es . Realph, Mayor COUNTRY TIRE, INC., Grantee A~~~`'~~ 2 STATE OF NEBRASKA ) ) sS: WASHINGTON COUNTY ) Before. me, the undersigned, a Notary Public in and for said county and states, personally came ~Jaanes E. Realph, Mayor of the City of Blair, Nebraska, a Municipal Corporation, to me known to be the identical person who signed the above and foregoing. Easement as Grantor and acknowledged the execution thereof to be his voluntary act and deed on behalf of said City. '~VITN~ESS my hand and seal this ~ day of ~un~ , :2003.. ~tERA1.I~TA BRENDA R. TAYt,OR ~~ ~ ~ ~~ NOTARY PUBLI STATE OF NEBRASKA )ss WASHINGTON BOUNTY } B ore. me, the undersigned, a Notary Public in and for said county and states, personally came ~ r ~lci/lxl1~ of Country Tire, Inc., to me known to be the identical person who signed the above and foregoing Easement as Grantee and acknowledged the execution thereof of to be his voluntary act and deed on behalf o~'said Country Tire, Inc. WITNESS my hand and seal this ~ day of ~G~/U.._ , 2003., ~I~RAI. NOTARY - date ~ Nebr _ ~~ ~' ~ _ NOTARY P 3 • RESOLUTION N0.2003-23 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: That the proposed schedules for special assessments against properties in Water Extension District No. 40, Sanitary Sewer Extension District No. 59 and Paving and Storm Sewer District No. 180 be and are hereby tentatively approved and placed on file with the City Clerk for inspection by all interested parties; that the Mayor and City Council shall hold a special meeting at 218 South 16~' Street on the 8~' day of July, 2003, at 7:00 o'clock P.M. for the purpose of sitting as a Board of Equalization to levy special assessments on the lots and parcels of land benefitted by the improvements in Water Extension District No. 40, Sanitary Sewer Extension District No. 59 and Paving and Storm Sewer District No. 180; that notice of the time of holding such meeting and the purpose for which it is held shall be published in The Enterprise, a legal newspaper published and of general circulation in the City at least 10 days (two publications) before the date of said hearing; that the City Clerk is directed to publish such notice in the form presented to this meeting, which form of notice shall be annexed to the minutes showing passage of this resolution, and the Clerk shall. mail copies of such notice to all interested parties as provided by law. COUNCIL MEMBER BIFFAR MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COiJNCIL MEMBER SHOTWELL. UPON ROLL .CALL, COUNCIL MEMBERS VOTING "AYE", AND COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, WOLFF AND BIFFAR VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 24TH DAY OF JUNE, 2003. CITY OF BLAIR, NEBRASKA B J OR . +~ ATTEST: RENDA R. TAYLOR, C CLERK (SEAL) STATE OF NEBRASKA ) )as: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held o e 24th day of June, 2003. BRENDA R. TAYLOR, C CLERK a RESOLUTION 2003-24 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, WP, L.L.C. (hereinafter referred to as "Grantor") has offered to donate a strip of real estate fifty feet (50') in width to the City of Blair, which land is being dedicated to the public for use as a public street. WHEREAS, the Mayor and City Council deem it to be in the public interest to accept such dedication of real estate and to open a public street over, along and across said strip of land. RESOLVED THAT the Mayor and City Council do hereby accept the dedication of the strip of land described on Exhibit "A" attached hereto and incorporated by this reference herein from the Grantor. BE IT FURTHER RESOLVED THAT the City of Blair hereby opens a public street on said strip of land and furthermore, that said street is hereby named "Pittack Street." COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, FANOELE, ABBOTT, WOLFF, BIFFAR AND MCMANIGAL VOTING "AYE", AND COUNCIL .MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 8TH DAY OF JULY 2003. CITY OF BLAIR, NEBRASKA BY ~ JAME5 ,MAYOR 1 ATTEST: ~~ BRENDA R. =TAYLOR, C CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 8th day of July, 2003 /l. BRENDA R. TAYLOR, C CLERK 2003 WPr .r r deed dedicationdoc 2 ~` -. ° z mg .. +' ~ ~ ~~ = m II ~ A o m o ~` ~ z • m v y. O 'TI ~, T~ ~~ ~ W ~ ~{~ ~ ~~ ~ ~ ~y~i ~ m ~$Z ° ~ ~ ~ m f~r c ~ ~ c ~ c ~ v ~. ~ 3 ~ -~ W c g' 'C ~~ 3 ~ g ~ ~~ ~ :~ o~om m ~ m~ ~ -o~• .. ~- ~, N" 'o.~' Vigm. t~D,N~ 00 3 ~ ~ g ~ A N~~ v,~~• ~ ~ ~ w c ~~ ~ ~ ~ ~ _-_ ~_• ~a~~.~Q~~$=mia~~mw~O•p~a~$~~~~c ~ ,01,x, N `G ~~ O K N O j W O1 '•^ '"^ m O -Oi~ 66;; _ z~s'o.~' m°af°~Sw~~I'n~~c,Z~~~ ~o M~ ~ ~ 8 ~~ G g W~ .a Gt ~,~ N p,~ ~j p'~•fOy Z~~ H o °,~ xg ~ o o•~~co ~' 't~rras °~ :wpm m ~•~ i ~n`~ s,~w~b -om~e~ $ mom`,°owm ~ a~ ~ fAg.p~~pN wNa rn~~ ~.~ ~.m ~o~~1.g m a~~~5 p~y V (O m y+ W ~'O. tfOV m ~ O• ~"W m "' p~ Q ~ `~.~ ~ m .. ~ Q~ X o cNn~~ .jai N~?,~ _~ Q~ o $,~,~~~m.~.o 0 avgg °~..;~m add o.°~°~o w tD ~K ma ~ °`•-'~ ~•~.o Q•~~ ~, ~ a ;i '"o ~,o o ~.o o ~~.m~ p O I-' N y p~ M p~ d ~"' 7 ""` ON X W -+. K~j pA O ~ ~ $ -, ~ X ~ ~ '~ 'O"' K -O+. tJl ~ m d N N Cn ~ .O. ~ N X. O O U~..~ O- .+ ,O„~ O•.W fD m ~ ~• W m "Or" W ASj=m a~ A_~ N NZyp~y W.~O•~:~O, s(~F•p• W M w~~ ~~os7r~'m °~ g ~ ~~ -~~~o ~5'-"m° S Dim s o,p~W~roo~~'~$ ro'~~~ m~ g ~o ~ ~ ~`s.oo ao ~'~8 o,c~ °,,~,'mm ~' o_N rna. ~i _ S o ~ ~o m ~ ~ m ~~ aZ~ •' o~ °,~i'~m °° ~ ~' -.,• ~ ~{ Ty s s~ ~'o r8 Fy~A ~7 tii V A z c rn ~/s ~ ~' ~~ a~~ -~, ~~ a ° o ~y~`~ m H~ °~~ ~3 gyp. N NN N ~ W -(~ ~ o~ ~ ~ ~ ~~ ~ t: 1..-_ a~, T~ ,S,c ~~ ~~ O 0 y m y z m ~ ~ o m ~ Q I ~~ ~~ v n~ C7 o ~ Z ~ `~ ~y 0' _ 30' --- ~ }'t z m ~~ ~ 7'©~~. ~ ~--• 3p ~~ °w x~ z~ SD ~ p ro _ a z~m ty ~ o C' m c v z -ai mi ;C m n b N r ~ Z W T+ ~ ~~ t rn Q ,~ e - .! RESOLUTION 2003-25 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The Mayor and City Council hereby find and determine that it is necessary and advisable that the City ,under the authority granted by Sections 18-2001 to 18-2004, inclusive, R.R.S. Nebr. 1943, as amended, cause the following unpaved street with the City to be improved by grading, curbing, guttering, and paving together with necessary appurtenances, to-wit: Pittack Street, from the existing concrete paving on U.S. Highway 30 to the western end of Pittack Street, within the City of Blair, Nebraska, said project to be known as Gap Paving Project No. 182 SECTION 2. It is found and determined that the above-described unpaved street to be improved in Gap Paving Project No. 182 shall meet the following criteria: (a) the portion of said street to be improved does not exceed two blocks including intersections, or 1,325 feet, whichever is lesser, that said street is otherwise paved and with the paving will be one continuous paved street, (b) intersects a paved street for a distance of not to exceed one block on either side of such paved street, or' (c) connects with a major traffic street for a distance not to exceed one block from such major traffic street. SECTION 3. The cost of such improvements, excepting street intersections, shall be assessed against the property benefitted by said projects in proportion to such benefits in accordance with Section I8-2003 R.R.S. Neb. 1943, as amended. COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER ABBOTT. UPON ROLL CALL, COUNCIL MEMBERS BIFFAR, ABBOTT, WOLFF, FANOELE, SCHEVE AND STEWART VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 22ND DAY OF JULY, 2003 ,~ .. .( s CITY OF BLAIR, NEBRASKA B J S . REALPH, OR ATTEST: ~~ BRENDA R. TAYLO TY LERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 22nd day of July, 2003. ~~~~ ~ ~ BRENDA R. TAYLOR, TY CLERK ~~ RESOLUTION N0.2003-26 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: WHEREAS, the representatives of the City of Blair have observed greatly increased pedestrian traffic, primarily consisting of school-age children, crossing US Highway 75 and walking on or near US Highway 75 in the area of Wright Street north to the northern city boundary of the City of Blair. SECTION 1. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City of Blair deems it prudent and advisable to reduce the speed limit from 45 miles per hour to 35 miles per hour on US Highway 75 from Wright Street to the northern corporate limits of the City of Blair. SECTION 2. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, hereby request that the City Administrator and Director of Public Works contact the Nebraska Department of Roads and request that the. speed limit be reduced to set forth above in order to enhance the safety for pedestrians and 5 vehicular traffic COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE .ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS BIFFAR, ABBOTT, WOLFF, FANOELE, SCHEVE AND STEWART VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 22ND DAY OF JULY, 2003. . CITY OF BLAIR, NEBRASKA B JAM E REALPH, MAYOR 4 ~ ~. ATTEST: `l BRENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 22nd day of July, 2003. d~~ ~. BRENDA R. TAYLOR, CLE RESOLUTION N0.2003- 27 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. The Mayor and City Council hereby find and determine: That improvements made in Faxing District No. 180, Water Extension District No. 40, and Sanitary Sewer Extension No. 59 have been completed and none of the property described in the proposed assessment schedules was damaged thereby; that schedules of proposed assessments for said improvements, as changed as heretofore provided, are correct statements of special benefits arising by reason of said improvements; that the lots and parcels of ground in said Paving District No. 180, Water Extension District No. 40, and Sanitary Sewer Extension No. 59 have been specially benefited by said improvements in the amounts as shown on said schedules as changed, and the amounts shown on said schedules as changed do not exceed the special benefits to said lots and parcels of ground by reason of the improvements in said Paving District No. 180, Water Extension District No. 40, and Sanitary Sewer Extension No. 59. SECTION 2. There shall be and there are hereby levied against each of the lots and parcels of ground set out in the attached schedules the amounts set out opposite said lots and parcels of ground in said schedules, which schedules will be corrected to reflect any changes heretofore made by,the Board of Equalization. Said assessments shall become due 50 days after the date of passage of this Resolution levying special assessments, any may be paid within said time without interest, but any installment not paid by said dates shall draw interest at the rate of 7.0% per annum from and after the date of passage of this Resolution, and from and after date of delinquency at the rate provided by law. Said installments for Paving District No. 180, Water Extension District No. 40, and Sanitary Sewer Extension No. 59 shall become delinquent in fifteen {15) equal installments, as follows: 1/15th-.October 1, 2003 1/15th- one year from date hereof 1/15th- two years from date hereof 1/15th- three years from date hereof 1/15th- four years from date hereof 1/15th- five years from date hereof 1115th- six years from date hereof 1/15th- seven years from date hereof 1/15th- eight years from date hereof 1/15th- nine years from date hereof 1/15th- ten years from date hereof 1/15th- eleven years from date hereof 1/15th- twelve years from date hereof 1/15th- thirteen years from date hereof 1115th- fourteen years from date hereof SECTION 3. All said assessments shall be a lien on the property on which levied from the date hereof and shall be certified by the City clerk to the Treasurer of the City for collection. SECTION 4. The Schedules of proposed assessments with any changes therein as heretofore directed by the Board shall be attached to and made part of the- Minutes of this meeting and are hereby made a part of the Resolution as if fully stated herein. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, BIFFAR AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 12TH DAY OF AUGUST, 2003. CITY OF BLAIR, NEBRASKA B J S ALPH, MAY ATTEST: RENDA R. TA ,CITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 12th day of August, 2003. BRENDA R. TAYLO ITY CLERK k~ > ~p ~p . O ~~ ~ ~ t0 ~ CO tU CO tMO {U O W d CO '~ ~ O ~ ~ ~ ~ ~ GO4 ~ -. ~. _ 69 _ b9 O O Q Ll ~ O ~ ~ ~ .. W CO 00 p GGf cr M~ Oop aOD . p ~ W ~ ~. ~~1NI W _ . yj, e s sft t» ~ » u> ts~ tfa its ~ rry ~O _ ~ !A tip ~~ yy tO ~ - imp Imp 1~ j 4 O ci -O O C1 O O C) c 1.I ~' ~ ~ ~ ts ~ ~ ~ . ~ tp {{ .. lp t0 ~ tj ij ~.~ O ~": ~-+1 ~ '~ 0^i CO N C7 F7 C7 c"j t7 r l.Q ~ r 'T N N.. ( ~ MN (YN~ N N ~ y r ~ t-. m Gi ~ ~ } W ~ +~ CO ~ ~ y~ pp ~ ~ ~ a 00 m t ~ W .Onb -:m -W~ p ~ ~- a a'no ~ `~ ~ ~ .. ~ ~ ~ ~ ~ ~ p~ d o~ rn ~ ~ l m ~ S~r aJ yr r ~ uv ~ to ~ _ n n m ti ti U it°p unai r: ' 1.: u°i' t` ~ o ~ ~ ~ ~ ~ ~ ~ ~~ pp ~ c ~ vt . ~ ~. M H3 .. .C u I l qV ~/.~ r ~ ~ ' W ~ Q ~ ~ Q p ~ W ~ ((~ ~ - ~ ~ ~~• - A m ~ ~ ~ ti p o ~~ ~ b _N 1-' GO N.~ c N c M ~ c Pr~ c ^ tr7i • c M ~ ~ tli o ' - ~ ~~ t ~~p . + ~ ,,,, z. t0 a~ UI Ltt LLI [J.t LLi [LI- Ill Ll! Ilj 111 ~ m ~ ~ ~ ~ ~ ~ ~ m ~ m ~ ~ ~ m ~ m ~ fl C ~ ~ ~ C ~ ~ ~ C ~ ~ ~ b~ . o £ ~ E m 2d ti o~- ~Td d ~ m ~Zd ~ op ~Tp ~ O =Z yy ~ O W c~O E> V O m c E ~ O~ c ~ O:O ~ ~ E O O ~ Lj - _z _xc~_xd_sd_ . r N.'. M ~ ~.. ~. ~ ~ -.W _~_,. ~. A ~ '~ W ~~ N ~ N ~ O ~ O O O O O ~ r' O ~ M ~ cM h .(O E CO tD O (O O [O O N N f~1 OD tD C O m t 0 t 0 ~ ~ a 0 G4 ~ GO3 ~ Huh ~} KI 64 [+}' EH ~ H} ~ ^ to O _ O ~ N O Imo- O o ~~pp O O N ~ O A' ~ ~ ~ W ~ 0 0 t 0 t0 tO t0 tD O - (f? ~ ~ ~ ~ '~ M H} M fH V `C tH 4 (h , O_ a^ ~? W N W O ~ O O O O ~ p m rn of h co ~ m to O 0 ~3 W tD t 0 t~ 0 f ( 0 ~ ~ ~ d} - r co r, m u~ v m ~ coo coo io cV .,- c- cD ~ Ih ~ ~ ~ r 7 CV m t0 N W N N N N ~3 ~O O O M W r i aD Oi cv ~n r m • t~ N vi b4 64 N aMD ~ r <t c7 O W m ~ ~ M W ~ h N O r li~ ~ M ~ K} a1 CO N K~ FA N W ~ ~ O 'V. ~ ~"' ~ N O~rD i•~ 7 ~ OD ci' ~ ~ ~ t0 % M 9 ~ Eft ti O h ~ O O ' G tD 97 ~ N ~ O f7 N N ~•7 ~ co r r ~ r r r' s- ch G O E O J U O ~ Y Y Y Y Y ~ _ 'J }m O m i0 ~ O m O m ~ p O O ~ O CxS '0 N? ~~ ~ L m o O m L m m 0 m ` 0 t m r m 0 m m C N m C ~ ~ C L m L .. i ^] m Q O 3 ~ 0 tp O 0 0 0 .D Cn tOQ o m J~ vo QCA N v> -° d J~ >Q 'a m QJ 'D m 4'S~ 'm 'o m •O o?? ~ 'D ao a oyy 'v •m v o ~ -o v o m 7 'v 'a m y o m m T m a N m . ~ N N N Q.:i> C ~ QJ> C a Q,_I C ~ QJ j C QJ LL L 'O Vl ~ OJ • C O) .Y ~ ~ . ~ ~ . d' T ~ N ~ ~" O O ~ t` 7 7 - m m~ "' m ° c ° ° ~ m ~ m m ~ a a a i i a ~ ` c R a Q ~" T ~' ~` o - ~ ~C ~ ~ Q ~ Y~ . ~ . o ' ~ ° X ~ Y W 7 _ Y W , Y ~ ' ~. to t L U ] W ~ j U U ~ N N I Cr, W Cd 00 0 00 N co (U co Z :Z: O o0 LAJ Ll- j E-4 C=) < Ljj � bjD Cd Cd CIS O N N 10 ell O bb � � N M CIS bjD r O vl C) 4--1 O cd a il. U >1 u Cd -d ir 5 Cd ir 5 co E-4 1: • Weimers A dditio n •' . Assessment Concrete Paving Cost Pavinq Down Paving Water Cost Water Down Water Sanita Sanitary Sanitary Sewer Sanitary Total Number Owner Legal Discription Paving Allocation Payment Assessment Allocation Payment Assessment Sewer Sewer Cost Down Sewer Assessments Frontage Frontage Allocation Payment Assessment Homeland R. E. Lot 26 Weimers 1 Development, Addition Inc. 87.87 $4,259.50 ($853.91) $3,405.59 $5,507.76 ($1,061.91) $4,445.85 87.84 $2,213.57 ($410.53) $1,803.04 $9,654.48 Homeland R. E. Lot 27 Weimers 2 Development, Addition Inc. 87.84 $4,258.04 ($853.91) $3,404.13 $5,507.76 ($1,061.91) $4,445.85 87.84 $2,213.57 ($410.53) $1,803.04 $9,653.02 Homeland R. E. Lot 28 Weimers 3 Development, Addition Inc. 87.84 $4,258.04 ($853.91) $3,404.13 $5,507.76 ($1,061.91) $4,445.85 87.84 $2,213.57 ($410.53) $1,803.04 $9,653.02 Homeland R. E. Lot 29 Weimers 4 Development, Addition CO Inc. 87.84 $4,258.04 ($853.91) $3,404.13 $5,507.76 ($1,061.91) $4,445.85 87.84 $2,213.57 ($410.53) $1,803.04 $9,653.02 Homeland R. E. Lot 30 Weimers 5 Development, Addition Inc. 87.84 $4,258.04 ($853.91) $3,404.13 $5,507.76 ($1,061.91) $4,445.85 87.84 $2,213.57 ($410.53) $1,803.04 $9,653.02 Homeland R. E. Lot 31 Weimers 6 Development, Addition Inc. 87.84 $2,213.57 ($410.53) $1,803.04 $1,803.04 Homeland R. E. Lot 32 Weimers 7 Development, Addition Inc. 87.84 $2,213.57 ($410.53) $1,803.04 $1,803.04 Homeland R. E. Lot 33 Weimers 8 Development, Addition Inc. 87.84 $2,213.57 ($410.53) $1,803.04 $1,803.04 Homeland R. E. Lot 34 Weimers 9 Development, Addition Inc. 92.66 $2,335.03 ($410.53) $1,924.50 $1,924.50 Homeland R. E. Lot 35 Weimers 10 Development, Addition Inc. 83.79 $2,111.51 ($410.53) $1,700.98 $1,700.98 Jeff Blair and South 82', Lot 11 Angela Going 23 Weimers Addition 146.7 $7,111.28 $7,111.28 $7,111.28 12 Diane and Lot 24 Weimers Rolland Foster Addition 146.67 $7,109.83 $7,109.83 $7,109.83 Lila Dillenburg South 155', Lot 13 25 Weimers Addition 129.67 $6,285.75 $6,285.75 $6,285.75 14 Kevin Horak and Lot 14 Weimers Lisa Long Addition 112.67 $2,839.28 $2,839.28 $2,839.28 15 Robert Pounds Lot 15 Weimers Addition 146.67 $3,696.08 $3,696.08 $3,696.08 Robert Pounds West 187.45' 16 Lot 16 Weimers Addition 187.45 $4,723.74 $4,723.74 $4,723.74 17 Kelly Ryan Lot 18 Weimers Equipment Addition 146.67 $3,696.08 $3,696.08 $3,696.08 18 Kelly Ryan Lot 19 Weimers Equipment Addition 146.67 $3,696.08 $3,696.08 $3,696.08 cli 19 Kelly Ryan Lot 20 Weimers Equipment Addition 146.67 $3,696.08 $3,696.08 $3,696.08 20 Kelly Ryan Lot 21 Weimers Equipment Addition 146.67 $3,696.08 $3,696.08 $3,696.08 Michael and Lot 5 Block 3 21 Vicki Luxa Fredrick's Meadow Addition 33.81 $1,638.94 $1,638.94 $1,638.94 896.08 $43,437.48 ($4,269.55) $39,167.93 $27,538.80 ($5,309.55) $22,229.25 1912.64 $48,198.53 ($4,105.30) $44,093.23 $105,490.40 City of Blair's Cost $3,148.99 $13,679.72 $0.00 $16,828.71 0 LLJ to L C31 �r f k i , 1 } co ':, .. - C CD w O � ° Cf) a z U o A Q .•, w pq Q to rn a � � o U }� H 0 pq 0 'o 0 O 0 CN tn z �O rn N a � o 0 r8 O K T 0 U U O 4) P4 bA G r w a k a .b a 0 o. o a3 �' o VI a b 0 bo o 0 z W A W a a o . 8 . �° O 00 O - r-+ z a b 0 a� U b a� � • o � o O •� N bo A z "d .0 o o U a � w 0 ° a b U CA 0 s 0 P4 p a W O 0 tm O C) � 0 00 b o •� bn z .� G a ° O f� ro 'g rcl a 0 o o 4° c Inc C31 h L Q t .4c KU C-d us M UR °° R ���� �® me as LU am Fool ci ml, b L Co 0, 0 o i=) �. UO tL i3 , M •. �n 404 . a 0 �4-j -45 4-4 � 0 4 -t `�-��$ a. + Cs a� "4 , , *d +� + a s a •c' tn W) vl Vn tr) tf) V ? W) W) to V1 tn Vn W cc w 0 8 a� 0 a� 0 v U b 0 2 a U G� a 4-4 A ww "owl, 4 C) p woo p 0o 0A. ° u rn P-(�z � a �0 "o z. ,o >' P 4 � wo ro U � U u Ua �a ao C�. �+ 000 CD U U H , u • o 0 v o� - v • a ° u ! tg , 4 o v •� j � � •�wjW'` A �78, o ° P Z 6� a 2, w � o wU �� H •. a� VI CV i • r • Assessment.Schedule E' 0 J- �T�SIt 1�1 i , �'XS . va, u 4�Y'tlSt �� Q�Mw • Allo�aon Aavm� (Ai ocatlon Payrraent A�nt t Ainents P.- 81tt�A too • .. ' ' Hdmalend R. Ii: • J.p1 28' '! Datiiefopmint, ' :Addlarl (nc.:. �' 97'•8`1 $4;268.SQ 0863.81) $3,406.68 $5 $1081.51 445.86 Homeland R, Jr Lot 27 Welmeri { , . ) $4, . 87.84 $2,2 ?3.67 {410,53) $9 $9,854. q$ r 2 'Development, Addtt#ion ' 4 . tits. 87:84 $4,26,04 ($ 01). 4404.13 $6,607:713 ($9 $4445.8$ 97,84 $2,, 1 2 3:87 x H*elettd, R. h. Lot' 28 Welmet» {$410:0 $9,fiO3.t14 $�,8•I12.': r 3 gavedopment, AddtUio r► IC% Ina " 87.84 $4,258.04• ($860:81) .$,3,403,13 $s,fso7.7't3 ($i $4,44.5.86 •87'.84 $2,2'13,67 ($4 ?0.63) $1,803.44 $9,s53.o2 Homeland Ri E. •I.ot 29 �lelmom 4 Devigopment, Addf6osf• , inm 87.84 .$4,258:04: ` ($$63.b1) $3,404.'13 $6,807.7.5- ($1,081.s1) $4,44.6.85 87,84 $2,213.67 ($410.13$) $9,80x.04 - $9,883.02 co Homeland: R. 'E,: Lot . 30 'tnlolmws 00 t 5 Development, Addlttan tnc .87.84 44;250,44 {863.81] $3,404.'13 ' $5,S07.78 (�1;i 1.��j. $4, 446:86' • '87.84' : $8,2'i&. 7 Homelartd'R.. £. Lot 31 We(mom 8 Develcpmwit, Aiddltlop _ t - Homeland R: Lot 32 Wpltnet a ' 87..&4 $2,293.57 ($4 ?0,53) $1;803.114 ' '$1.,603.04 7 Deveiaprrtetd, ' ' Additlon Ham nd R. ;;« ,Lot 33 Weim 87:84 $2 213.67 - '($410.63) $1,8Q3.04 $1;803.04 8 Development,. - MOW= � Ina Homeland R: .E Let. 34••V1leimeis 87.84 '$2;213:57• ($410.63) $9 $1,303.04 •' Add oti' �e+�l� ,ant, Itta : 92.138 $2,335.03 {$410.63} $4924.50 $1,924.60 • Hometatiii R, F.. Lot, 3& Wilmer$' 1R D&VelopM4 Addltlp , ' , 33.78 ($410:63) $1,700,98 • $4,700.98... i , i 1 x y Jeff Blair . and South 82, Lot 23 1� Angola Going, Block 3 Weimer$ Addition 146.7 $7,111.28 $7,111,28 $7,111.28 Diane and Lot 24 Block 3 12 1 Rolland t=aster Welmers s Addition 1 $7,109.83 $7,109.83 $7,109.83 Lila Dlilenburg South 955', Lot 13 25 Block- 3. - ' Welmere ' Addition 129.87 $8,285.75 $8,265.75 Kevin Horak and Lot 14, Block 1 14 I Lisa long Welmers Addition 112.67 $2,839.28 $2,839.28 $2;839.28 ,Robert Pounds Lot 1#;, Block 1 t 1 � � W Addition 146.87 $3,696.08 $3,696.0$' $3,898,08 Robert Founds West 187.46, ' 18 Lot 18 Block 1, Welmers Addition Ryan Lot 18, 81ock 1 _ 187.48 $4,733.74 $4,723.74 $4,723.74 Kelly 17 Equipment Welmers j Addition 148.67 $3,096.08 $3,696.08 $3,886.08 Kelly Ryan Lot 19, Black 1 18 Equipment Welmera Addition 149,•67 $3,898;08 $3,696.08 $3,696.08 99 I Kelly Ryan Lot 20, Block 1 t Equipment Walmets Addition 148.67• $3,698.08 $3,698.08 $3,098,08 Kelly Ryan Lot 21, Block 1 20 Equipment Welmers R; Addit Block 3 Michael and Lot 148.67 $3,896,08 $3,696.08 $3,696,08 7 21 Vtcld Luxa Fredricks Meadow Addition I 33.81 $1,638.94 $1,638.94 $1,638.99:. 1 City of t3lalr's 896.08 $49;437,48 ($4,269.55) $39,187.93 $27,538.80 ($5,309.5&) $22,229.26 '1912.8d' $48,198.53 ($4,105.30) $44,093.23 $105,490.40 . x Cost $3,148.69 $13,679.72 $0.00 $16,828.71 RESOLUTION NO.2003 - 28 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, an Agreement between the City of Blair, Nebraska, and the Steier Group, Inc. ("Steier") has been prepared and presented to the City Council providing far the terms and provisions concerning professional development and fund-raising counsel, a copy of which Agreement is attached hereto, marked Exhibit "A" and by this reference made a part hereof, and WHEREAS, the terms and conditions thereof are acceptable to the municipality. NOW, THEREFORE, BE IT RESOLVED that said Agreement referred to hereinabove is hereby adopted and accepted by the City of Blair and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the municipality. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS- SECONDED BY COUNCTLMEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "1~lAY", THE MAYOR DECLARED THE FOREGOING RESOLU'T'ION PASSED AND ADOPTED THIS 12TH DAY OF AUGUST, 2003. CITY OF BLAIR, NEBRASKA B 7 E. REALPH, MAYOR ATTEST: BRENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies City Clerk of the City of Blair, Nebraska, and tl and adopted at a regular meeting of the Mayor a August, 2003 ~t she is the duly appointed, qualified and acting the above and foregoing Resolution was passed City Council of said city held on the 12~ day of BRENDA R. TAYLOR, C CLERK ~~ bEVELO.PMENT COUNSEL AGRfEMENT ~ ~ - - ~ City of Blair, Nebraska and the Steier Group, Inc., .enter into ari agreement,concerning professional. development . and fund-ra:ising.counsel as outlined below.,. Feasibility Study ; August-18, 2003 - September l9, 2003 City of. Baair; Nebra"ska will- receive_40-60 hours per week of professional consulting services from the Steier - ~ Group; lnc. Details regarding tfte Steier Group'sfieasibi(ity study services are outlined nn Addendum l ofahis . contract: Throughout the contract pEriod; .the Steier Group will provide a weekly progress report to City of Blair, Nebraska. _ _ City of Blair:; Nebraska shahl make pagments toahe=Steier Group, lric., for professional services and' ~~ reimbursable expenses per the following schedule:- " -~ .. : September i9, 2003 ~ ~ .$8,OOQ plus expenses _ . , Expenses incurred ,by the Steier,Group~ Ind., while. providing develop:meat aridfund=raising services f©r City of Blair, :Nebraska are in addifioi~~to.consulting fees and ~-ill be b-il'led at cost: -Expenses will"incfudc ~.. -. ,. , copying„postage, and printing. All expensesmiast be approved in aijvance~by City'of Blair; Nebraska. _, City of Bla•tr,. Nebraska and the.Ste~er Group, lnc. agree thaf he Steier Group, lnc ;.will be .com.pensated~in:~fuil i.n the manner se# forth above. The Steier Group:will °inc1t~de a 1. percent, i'nterest"fee per~month (.12%. aant,al rate] on~aJl:fees and.,expensesahat:are averdue:for more than 90 days.:`. ` ,~ ~ - " , Citjr of=81air.,~Nebraska agrees. nbt tb employ or contract.with,~any individual `member of the Steier Group; iric;, ; fora: period of two years following the completion of tk~e Steier Group'~s_prof essionaLseivices: ~ ': - ~ . y, City of Blair; Nebraska.~and the'Sfeier Group, fnc: agree1to the"terms of,this agreement;as,o.utlined above:a.nd ' as outlined on=Addendum:I: - ~ ~ - ~ _ ~. _ - ~ ~ , .. r- _ .... - - r. - ' ,.~CI~1(~OF;BLAFR,.NEBRASKA _ THE STfIER''GROI}P, INC:: -.' , ' . Date... A.ugi~s t 1~2~; ,, 2,0 0 ~ ~ . _ Date• :~ud!"~y ~ ~ `~ f 7 ZDGS g.: , 1 r-~Signatu ~ : ' Signature: ~`~ ~~'~, ~- ~ ~ - _ Pnnt: ` ; Ja s ~' ~R~a~lph~ - ' _ Prinf `_ ~' ~f - .~r~~es' S-Ire~ -- `Title: ''Mayor ~ Title:'' pt'~,'S1 ~.~~'~"; . - ~ ;. ~' : - .- '~. ~ -. ' ~ ~ _ _ ., . - -. - - ADDENDIJNI`I - - ' Washington County Veterans lYlemoriai Plaza , _ ' 1H'easblit~ Study T$me Mine . ~- - PRIOR TQ WEEI£~1 ' • The Washington County Veterans 1Vlerriorial's'(Veterans Memorial) leadership to sign. and return .the professional services contract to the Steier Group or provide~.fle Steier. Group with suggested changes: y _ The Veteran ,:M.emorial leadership~,to.begin identifying.tlie 100,couples,or individuals . - who wilt be -asked to participate„in a personal interview during, the €easibility study: - The,Veterans Memorial leaderslup:'to begin identifyirig:300 to 1;000 potential mail ` _. . , surveypai~icipants ^ ~ ~ ~ _ , . ~. ~ ~ The `Veterans Memorial begins~reviewing.the feasibilty,studyp~rsonal iritervie~v questibniiaire-arid mail survey questionnaire aiid. provides= the Steier Group with. ~ - - ~ suggested changes. 'The. Veterans 11!iemoz'ial begins revtewing~the letter inviting,prospects ~o:participate Sri,: , ~the-personal interviews and thermal surveyand;provides the Steier Group: with',' ` .. suggested changes ~ ,. o The Steier.;Group.topovde'the'.Veterans Meinorial:leadership wth'a~supply,list for," ~ -: - - =_-~ ` the ~feasbility_ `study: ~ . ' ~ The Veterans Memorial leadership;ensures that.all necessarysupplies are ordered and received for the:first wee1~ ofahe feasibilitystudy. '' ~ - The-Veterans Memorial begins reviewuigthe addtt~onal feasibility study.n ; . - ? . ~ cQrresporidence and provides the'Steier~Groupwith suggested: cha~iges. ~ ~` - ~+~ TIze~Vete'rans Memorii~,.l leadership..secures staff ;or volunteers to -h'elp~seiicl the ' ~ ~ ~ • ~ ~ - fea ibility study mailing driving Week 1; - - - >• The Veterans 1VL-emarial leadership recruits.board, staff or "volunteers to make the calls . to;schedule personal feasibility study visits.' These:calls will be made during Weeks ~, ' _ 1-3 'of the feasibility study ~ - - ~ ~ ~ . ~.. The.Steier,Group will .de~?elop a feasibility study database to record<responses "~ , ' ~ The Veterans Merriorial leadership, Begins ~rbrking with the :Steier. Group to cre~.te a ~ .. . ~ : -' ~ fae~sheet hatwll be distributed wth'the feasbilitystudy caver.~letters - ' ;~ - _ ~ _ - . WEEK 1 ,~ , ;' - ' > . , . . ~ ,:- y ~ Finalize prospects thatvcnll be.invted to participate in personal interviews. The.Steer,: - - Group recommends., 1'00 uu#al prospects to ensure that;we conduct `50 '75, interviews:; ' , Also finalize those who ,will be sent~the.mail surveys: ~', ~ . ti ~: ~~ The Veterans 1Vlemorial's leadership; approves'feasibility.stndy personal .interview - - > queslxonnaire and'rnal surrey questionnaire.. ~ - _ ' -~ •~. The' Veterans Memorial's leadership app~ro~es the letter invtingprospects:to _ participate m the: personal interviews and mail surrey: ~• ' The Veterans lYlemoral support staff prints mailing ,labels for~the-feasibility study . maili7ig.~ _ _ t _ .. ~ - . ,., _: _. _ ,. _ _ ,{ ': ~'EE]K ~,{continued] _ _ - - • _ The'Veterans Memorial support staff merges-the letter inviting prospects to , - participate in the personal interview. Labels are placed on envelope's and the . - following items are stuffed into each envelope: the master,plan/faot"sheet and the - : introductory letter to personal intereiew:prospects. - ' ` • The Veterans Memorialaupport staff merges. or copies-the mal_survey cover letter. • The Veterans Memorial support staff makes copies of the mail survey questionnaire` ~ , - . , and places labels on each. 'Labels are placed, on-envelopes :and the-following items `. - - are. stuffed into- each envelope: fhe mail survey cover letter, master plan/fact sheet; the , - mail- survey questionnaire, and a return envelope: _ v= Letter mailed to'per-social interview prospects. Mail surveys sent to identified recipients. - - • , .Tle Veterans: IVlemorial representatives begin se~,eduli~g: feasibility -study personal interviews with organi~ation's`leaders familiar with the~feasib'lity stuclyplans: -These . ~- - l ~ rnaybe,scheduled for. Week 1- an the calendar.> .._ ., ~ - ~: The Veterans Memorial leadership approves feasbility.study correspondence: ` - - - `• The Steer; Group meets with secretarial support staff to: di cuss, their roles and ' `responsibilities:... ~ : ~ _ , , ~ ~ The Steier Group Submits ~veekly,raport. - . , .. WEEK 2 ~ - ~ ~ ~ . , ~' The veterans Memorial representatives will contact the personal interview :prospects , to~set appointments fo"r. Weeks 2=4: If necessary, the"Steier Group wvill assist in this , _,' process; - , . _ '~.. Fea ability Study personal interviews begin:: ~ - - ~ ~ ~ " - ~. The Steier Group`"and the Veterans. Memorial :leadership set a date for feasibility: , . _ study presentation.. ~ ~ - ... - - - ~+ Send meeting nofice to the. Veterans Memorial leadership about feas~blity`study :presentation. ~ - " ' `s Send appropriate correspondence, letters: ~ ~ - ~ ' _ ~~ Perform} data entry ofresponses - - ~ ::,, o` The .Steier Group; co~ducts.~pre-campaign evaluation;. _' ~.y ' -:+ " The Steier Group ~submits.weekly report..' - 1 _ ` ,. ~. ,. _ WEEK 3 , P ., , - ~ Thy Steier .Grow continues conducting personal interviews.` - Seid,mail ~urvey.,tcs personai~ interv±ewprospects, for which we were not able,to meet "' _ . with personally. '. - _ ~ - - .t. ~, - - ,, . -.~ pp p: .: , Send a ropriate corres 'ondence letters • ~ Perform ,data er~try.of. responses , ~ ~ ' ,:i ' The:.Ste%er Group submits weeklyrepoi-t.: - -~ . b.~ ~. RESOLUTION N0.2003-29 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska held a public hearing on August 23, 2003, concerning an Application to the Department of Economic Development for a Community Development Block Grant; provided further, that from the information received from the public hearing, the City of Blair proposes said funds to be used for the study of sewer collection systems, water distribution systems and sidewalks within a blighted area in the City of Blair, Nebraska. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Mayor is hereby authorized to execute and deliver all applications or other documents necessary to request Community Development-Block Grant Funds from the Deparl~ent of Economic Development for the State of Nebraska in the amount of $25,000.00 for the study of the sewer collection systems, water distribution systems and sidewalks within a blighted area in the City of Blair, Nebraska. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, ABBOTT, WOLFF, BIFFAR, SHOTWELL, MCMANIGAL AND FANOELE VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF AUGUST, 2003. CITY OF BLAIR, NEBRASKA BY J S REALPH, MAYOR ATTEST: _ ._ , NDA R. TA O ITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON Brenda R. Taylor hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 26th day of August, 2003. BRENDA R. TAYLOR, CI LERK A _ RESOLUTION N0.2003-30 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Airport Authority for the City of Blair, Nebraska has submitted to the City its budget and levy request for the 2003-2004 fiscal year. WHEREAS, pursuant to.Neb. Rev. Stat. 3-504, the Airport Authority has the power to certify annually to the City of Blair, Nebraska, the amount of tax to be levied for airport purposes which the Authority requires under its adopted budget statement to be received from taxation, said levy not to exceed 3.5¢ on each one hundred dollars of taxable valuation. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLATR, NEBRASKA, that the Mayor and City Council have reviewed Resolution No. 2003-11, adopted by the Airport Authority for the City of Blair, Nebraska, on August 19, 2003, and do hereby approve the levy request of 1.6528¢ per one hundred dollars of actual valuation. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS ABBOTT, WOLFF, SHOTWELL AND SCHEVE VOTING "AYE", AND COUNCIL MEMBERS BIFFAR, MCMANIGAL, STEWART AND FANOELE VOTING "NAY", THE MAYOR VOTED AYE TO BREAK THE TIE VOTE AND DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF AUGUST, 2003. CITY OF BLAIR, NEBRASKA B ~-- YOR ATTEST: BRENDA R. TAYLOR, C CLE (SEAL) STATE OF NEBRASKA ) as: COUNTY OF WASHINGTON ) Brenda R. Taylor hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 26th day of August, 2003. BRENDA R. TAYLOR, C LERK .. ~ RESOLUTION N0.2003-31 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has approved a Master Trail Design for the City of Blair and that a phase of the Master Trail Design consists of a trail beginning at the intersection of 24~' Street and Nebraska Street, and to intersect with the Deerfield Trail System at or near U.S. Highway 75, all in the City of Blair, Nebraska; provided further, that the estimated projection cost of this phase is the sum of $624,878.00 and that the Trail Development Assistance Fund as administrated by the Nebraska Game and Parks Commission may have matching funds available to pay a portion of such costs. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT: 1. The City of Blair proposes to apply for assistance from the Trail Development Assistance Fund for the purposes described in-the Application and supporting documents. 2. Allen Schoemaker has been appointed as Project Liaison Officer by the project sponsor's governing board as the principle local contact to work with Game and Parks Commission staff and on all matters concerning the project. 3. The City of Blair currently has the 50% matching share of the total project cost identified on the Application form and will provide the financial resources to operate and maintain the completed project in a safe and attractive manner for the life of the facility. 4. The City of Blair will not discriminate against any person on the basis of race, color, age, religion, handicap, sex, or national origin in offering the project for public use. 5. The City of Blair agrees to comply, where applicable and within the purview of the law, with the American with Disabilities Act of 1991, as amended, by making the project facilities accessible to, and usable by, the disabled. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, FANOELE, WOLFF, ABBOTT AND BIFFAR VOTING "AYE", AND COUNCIL MEMBERS MCMANIGAL AND SHOTWELL VOTING "NAY", THE MAYOR DECLARED THE FOREGOING ' ~ . RESOLUTION PASSED AND ADOPTED THIS 26TH DAY OF AUGUST, 2003. ATTEST: - BRENDA R. TAYLO , C CLERK (SEAL) STATE OF NEBRASKA ) :ss: COUNTY OF WASHINGTON ) CITY OF BLAIlZ, NEBRASKA BY S REALP YOR Brenda R. Taylor hereby certifies that she is the duly appointed, qualified and acting City _ Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council. of said City, held on the 26th day of August, 2003. BRENDA R. TAYLOR, CI LE a RESOLUTION N0.2003 - 32 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska proposes to apply of assistance from the Transportation Enhancement Program for the purpose of constructing segments of the Dana -Bike Trail; -and WHEREAS, the project includes construction of a hiking/biking trail from approximately 22nd Street and Highway 75 North to Dana College in Blair, Nebraska; and WHEREAS, the City of Blair, Nebraska will have available a minimum of twenty percent (20%) of the project cost and has the financial capability to operate and maintain the completed facility in a safe and attractive manner for public use; and WHEREAS, the proposed application and supporting documents were made available for public review at a properly announced meeting of the Blair City Council. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska that the Mayor and City Administrator of the City of Blair Nebraska, are hereby authorized to apply for financial assistance from the Transportation Enhancement Program- for the purpose of constructing segments of the Dana/Bike Trail. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SCHEVE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, FANEOEL, WOLFF, BIFFAR AND ABBOTT VOTING "AYE" AND COUNCILMEMBERS MCMANIGAL AND SHOTWELL VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 26TH DAY OF AUGUST, 2003. CITY OF BLAIR, NEBRASKA BY J ALPH, ATTEST: BRENDA R. 'fAYLO ITY CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 26th day of August, 2003. 6 ~ C~ BRENDA R. TAYLOR, CLERK RESOLUTION N0.2003-33 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request for the current year for the City of Blair, Nebraska; and WHEREAS, it is in the best interests of the City of Blair that the property tax request for the current year be a difference amount than the property talc request for the prior year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BLAIlt, NEBRASKA, BY A MAJORITY VOTE, RESOLVES THAT: (1) The combined property tax request for the City of Blair for the fiscal year beginning October 1, 2003, be set at $.339635 per one hundred dollars of valuation for the City of Blair, Nebraska. (1) Included within the combined levy set forth in Section 1 hereinabove, is the property tax request for the Airport Authority for the City of Blair, for the fiscal year beginning October 1, 2003 which said levy is set at $.016528 per one hundred dollars of valuation for debt service; and (1) The City Clerk shall certify and forward a copy of this resolution to the County Clerk prior to October 13, 2003. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER SHOTWELL. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 9TH DAY OF SEPTEMBER, 2003. CITY OF BLAIR, NEBRASKA J S . REALPH, MAY ATTEST: B NDA R. TAYLO LERK (SEAL) STATE OF N>{BRASKA ) )ss WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, and acting. City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was duly passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of September, 2003. B A R. TAYLOR, C E 2 RESOLUTION N0.2003-34 COUNCILMEMBER SCHEVE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, in March, 2002, the City of Blair approved the final plat of Lots 1-9, Crystal Lake Estates, a subdivision in Section 19, Township 18 North, Range 12 East of 6a' P.M., Washington County, Nebraska and that as part of such subdivision plat, the developer dedicated to the public an easement for, among other things, the sanitary sewer installation and maintenance easement, and furthermore, that the City deems it to be in the public interest to terminate said easement. WHEREAS, in March, 2002, a Developer Agreement was entered into by and between the City of Blair, Nebraska and Mark E. Bresley and Crystal C. Bresley regarding the development of Crystal Lake Estates, and that as part of said Developer Agreement, the developer was required to construct a wetlands lateral field and also install a common sewer line running to a central septic tank for lots 1 through 9 in Crystal Lake Estates which said lateral field was to be constructed in conjunction with the wetlands lateral field construction and that the City deems it to be in the public interest to terminate such requirements. RESOLVED THAT THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, hereby deem it to be in the public interest to vacate, on behalf of the public, the Sanitary Sewer Installation and Maintenance Easement described on the final plat of Crystal Lake Estates, the legal description of said Sanitary Sewer Installation and Maintenance Easement described on Exhibit "A" attached hereto and incorporated by this reference herein; provided further, that the City of Blair, by. and through its representatives are hereby authorised to execute and deliver to developer a termination of easement document, in form satisfactory to the City, terminating the Sanitary Sewer Installation and Maintenance Easement. RESOLVED FURTHER THAT the Developer Agreement entered into in March, 2002 shall be and hereby is amended to terminate the requirement for. the developer to construct and install a common sewer line running to a central septic system for lots 1 through 9 in Crystal Lake Estates which were to run through a central septic system with lateral fields to be located in a constructed wetland, and furthermore, that in lieu of the central septic system, the developer and/or his successors in interest shall be authorized to construct private septic tank systems with the appropriate lateral fields, with said private septic tank systems and associated lateral fields to be constructed in compliance with the rules and regulations of the Nebraska Department of Environmental Quality and all of the laws of the State of Nebraska. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH; SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR, VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003. CITY OF BLAIR, NEBRASKA B -..._. S E. REALPH, MAYOR ATTEST: /7. B NDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of September, 2003. B A R. TAYLOR, -CLERK 2 09!'04!'2003 09:14 14024264848 PAGE 02 EXHIBIT "A" A atrl~a o! land ~t?.00 hat h WWI raver and •d~0a4 m portion of Lots 4.5~ 6, 7. $ erd ~ in t~ta1 Lake Estates ~ ~ #ae 8'~ d ~ 88•.G of Saailar~ 10, Tvarraehlp 1 B !~. Raa>~r !~ Emrt tat it» ~ Prh~alp~! Mahdfen. wuhM~ Co~r~Y. ~.nd rrwr. P~tlp~t1Y de~ad.ia foHow~s: frarrz tha ~ t>oet~r 4f Lcrt 4 In Cryrsttl Lrke E#atas~ • subdlvisi0n ly~p its Src~lon 19, Towr>al~ 1 ~ North. Rar>or 4~ t~teQOS N 00'47"x" E (aa:urned baadng} eionQ the ~ YM Of srki Lqt 4 ^ dhtatruae ot417,87 hrt to the pblrlt at @~; U+~nc~r N ~•6p-,~* yy ~ d fi87:181~ tiw,rioa td 48'S3`89* W a of 141.54 h~ thera~a N 10.03'34' W m d~ppnor Qd 1t>D.47 h~ tht~ N 56'62'h8` W a ~ ~ 31p. ~,~ '~pk ~ertvs S ~'t15'1~' W a d~rtgl d 217.{ hak tl'isru~e 9 79'~$'3T W a dtatattae tat ~' .0T Pert: tNrnoe N 89'OT30' W ~ ctrtoa of 88.821hit to ihr webt Ib~e trf [xat 91r sdd Cryrft} Lola! Ewa; thenps N ~2'42'Z4' E datd bt ~ a discs of 20,it~5 faro thaws 9 ~'OT60' E w dlMenos trf 83.81 ~ tlattor N 7'p'~8`3i" W s diehnoa of 20018 hr~ the~nor N !39'Od'18" E r disxlarlCS d?~4.8$ tlssC tl1MltM 8 63''2'08" E a dfs4rlce of 51$.38 teat` tlasnoei N 18'0978" ~ m did3arans at 24.16 fret to a pdrrt an a 82.6q t~wt. radius txnvoe to irw Is11y tt>.nae ~ 82.50 fooR rs~ curve an ~rto dtstdnce 0s` 21.76 teat, srki tx+Ne havlraD a d~rd barring d N 8T66'28" E srnd s dlsEanq d 21.06 hest ttH-ncr 9 1 B'09~8" Vy s disbauxaat d 4fi.901~ ttiettca S 4tf'02'94• ~ a d~unos at 9F.81 test ihrr~r 8 48.53'53' E r dlsr~noe ct 13T.27 tAet: 4f~ence 8 85'S4'S8• ~ a ~strrige of 9 89.38 f~ m- thr eat IMO d Lot 4 ~ asild Crystal Irks ~: thrnce 800'47"05' !N akar~ eakl +eest !ot llror m ~ 20.00 th ~ at ~~9: RESOLUTION NO.2003-35 COUNCILMEMBER WOLFF INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska, may by resolution establish sewer use fees and water use fees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the minimum sewer use fee for customers of the municipal sanitary sewer system are set forth on Exhibit "A" attached hereto and incorporated by this referenced herein; provided further, that all such rates shall become effective with the billing which shall be sent to the customers on or about November 15, 2003 for the period commencing on October 1, 2003. BE IT FURTHER RESOLVED BY THE MAYOR AND CITY- COUNCIL OF THE CITY OF BLAIR, NEBRASKA, THAT the water use fee for customers of the municipal water system are set forth on Exhibit `B" attached hereto and incorporated by this referenced herein; provided further, that all such rates shall become effective with the billing which shall be sent to the customers on or about November 15, 2003 for the period commencing on October 1, 2003. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, MCMANIGAL, WOLFF, ABBOTT, SHOTWELL AND BIFFAR VOTING "AYE" AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003. CITY OF BLAIR, NEBRASKA B ~•-,, J S E. REALPH, MAYOR ATTEST: B NDA R. TAYL~ ITY CLERK (SEAL) STATE OF NEBRASKA ) )ss WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 9th day of September, 2003. '1 , BRENDA R. TAYLOR, C CLERK 9-03 Sewer & Water Use Fees.wtxl 0~{04,2003 08:29 14024264848 ~. ~flectire four B~Is due 11/XgI03 Resfdential [Single ellinal Minimum. Chg, per month (~00 cu ft) Commodity Charge%ver 2Q0 cu 1} C~',I'`Y Off' BLAIR SEWER RATES $ 11.50 .901HCF es' +~ntisl [Multiaie bwe-Mliiua, 4 or ewer units Minimwu Chg, ,per m.©~th {Zt?0 cu f~) $12.50 Cvrnmodity Chargelo{v+er 20f1 cu ft .90/HCF Resdentlal [Meltiole Dwelliea 5 or more unitgl Miu~mum Chg, per month Per Watex Metez Size Me 3er Size Minimum. C~iarge $ 25.00 . ~ Sd.00 2 - 75.f30 3 100.00 125.00 Commodity Charge $.94/H[CF-vf usage above 200 CF Pr~GE 02 *°'Residential usage is bred an the average water usage in the proceeding ,December, January and February. Commercial Minimum Chime der Manta (200 cu ft) $12.50 Curreipt months usage above 200 CF .90/HCF **Concu~uercial usage is based on. the current month water usage. Industrial Minimum Charge [,eT month $350.Ot? $3.4'7/f~TCF + $O.155/1b JBOD in excess of 200 ppm + $0. Z 24/lb T,SS im excess of 250 ppni Sewer Cu~omers with nt- water service Cbas'ge per zx~onth $13.00 ~gzax~c nA.~ o;r .09104!2003 08:25 14 E#'1f~tive for. Sii4 d~t~ X ~/~ C~soomer Clog, per mc~ntl~ . Rust 2,5,000 CFr~a~, p~ HCF Ba1~,oe,1~x t~cl{ Gt~bDtrte~c C~ p8i' tnOnilf ,Furst 15,000 CFrmott~, per. k1CF BalaBCe: ger,i~tC1{ t 1 u~x Cust~ar Chg, p~ pnc'~ Comm©di'ty Charge,. p$r I~CF. City R 1~ieYer size lte~hteatlal St8" ~ 8.040 3r4" i2.OCi 1 " i f:,00 1 1 r2" ~2:§0- ~ 34.50 3" 115.00 '4n 19750 ~" _ :445.00 g" 77SA0 0242b4848 PAGE 03 CITY flF BLA~R ~V,A.1~E~ ~A.T~S vrvs C;~'Y ~' per nteoer size C1er ~& ~' per metier size U.981 First 65,400 CFrmottth, p~ Hc~ ~ .~1 s 0.610 Bataarre, per HCF 0.610 RuL p 1 ice' Air $i~ Cnst~ater Cbg, per nnonth per metier sitze 1.122 First 65.000 CF/mote~+ P~`I~CF 1.t22< ~'~ Be1sa~ Pte' X-1Clr 0.722 ~Y,~?,~rttft~enta OAO Cuswmer Cbsrge, per. 0.00 0.554 Comty, p~ HCF 0.554 ~3'ISTOMER C HARCF'tr+~v 1~1~'ER 3TZ~ 'ater* 1~a~ral'Water"' Co~m/lnd. _ Re1't~l1 CoRtm/tltd. ~ 11.25 ~ 14.55. ~ 14.55- 15.43 18.73 16 75 1 g.OA 23:50 . 33 50 3'F~JO 40.Q0 . 4-0.tf0 .62.40 SS,00 65 f10 132,00 227 OU 1 5A0 . 130.00 . 512.00 a00~ 230.00 895 00 454.00 515.00 . 780.00 895:00. RESOLUTION N0.2003-36 COUNCILMEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska deem it to be in the public good to amend the City of Blair Personnel Manual. BE IT RESOLVED THAT attached hereto, marked "Exhibit A" and incorporated by this reference herein, are, additions, amendments or modifications to the City of Blair Personnel Manual. BE IT FURTHER RESOLVED that the effective date of such additions, amendments or modifications to the City of Blair Personnel Manual is from and after October 1, 2003. BE IT FURTHER RESOLVED that the City Administrator andlor all other supervisors be and hereby authorized to notify all officials and employees of the City of Blair, Nebraska, of the additions, amendments or modifications to the City of Blair Personnel Manual and the effective date thereof. COUNCILMEMBER ABBOTT- MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, ABBOTT, WOLFF, BIFFAR A1VD MCMANIGAL VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLAREDTHE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH DAY OF SEPTEMBER, 2003. CITY OF BLAIR, NEBRASKA B J E. REALPH, MAYOR ATTEST: BRENDA R. TAYI:O ITY CLERK (SEAL) PersManExA.doc 1 STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 9th day of September, 2003. B NDA R. TAYLOR, C CLERK PersManExA.doc E~~IT ~~A" AMENDMENTS TO CITY OF BLAIR PERSONNEL MANUAL 1 2. SECTION 8.3 "Vacation Leave" is hereby amended in its entirety as follows, to wit: Regular full-time employees and regular part-time employees normally working twenty (20) hours or more per week shall be provided with paid vacation leave to allow them periods of rest, relaxation, and freedom from the rigors of their jobs. Eligible full-time employees shall accrue vacation leave monthly at the following rates: Years of Regular City Montlily Accrual Annual Accrual Service v,..._.. ,. ~a ,~~,,. ~ 4~surs Years twee one, two, three . 6.67 hours 80 hours Year four 7.33 hours 88 hours Year five 8.00 hours 96 hours Year six 8.67 hours 104 hours Year seven 9.33 hours 112 hours Year eight 10.00 hours 120 hours Year nine 10.67 hours 128 hours Year ten 11.33 hours 136 hours Year eleven 12.00 hours 144 hours Year twelve 12.67 hours 152 hours Yeas thirteen and beyond 13.33 hours 160 hours SECTION 14.3 "Overtime Pay" is hereby amended as follows: Overtime work shall be discouraged except to safeguard public health, safety, and property. When overtime work is necessary it shall be authorized in advance by the respective Department Head. a. Classified Service -Employees in the Classified Service shall be eligible for compensation for overtime hours worked in excess of 40 hours per work week. Such an employee shall be reimbursed at one and one half (1 1/2) times their regular rate of pay during the workweek. Exception: Police Officers shall be reimbursed at the rate of 1 %Z times regular hourly rate for all hours worked in excess of 80 hours worked in a two (2) week period. PersManExA.doc 3 b. Exempt Service -Employees in the Exempt Service shall not be eligible for monetary compensation for overtime hours worked a Compensatory time maybe used in lieu of overtime compensation when in the best interest of the City and the employee Compensatory time will be awarded at one and one-half times the actual hours worked as accumulated in accordance with the Federal Fair Labor Standards Act. Such Compensatory time may be utilized when authorized by the Department Head based. upon consideration of operational requirements and when beneficial to the employee; provided however, the following restrictions shall apply to the amount of Compensatory time which maybe used in lieu of overtime compensation, to-wit: 1) No employee shall be allowed to carry over more than s~tee four 24 hours of compensatory time from one pay period to the next; and 2) All compensatory time shall be used prior to vacation leave being utilized. d. For pay purposes, the workweek for Uniformed Police Officers shall begin at 5:01 o'clock P.M. on Sunday and end at 5:00 o'clock P.M. the following Sunday. 2. SECTION 14.5 "Employee Benefits" is hereby amended as follows: The City offers a total compensation plan consisting not only of pay but also of substantial employee benefits. The following are the principal employee benefits which are offered to all permanent, full-time employees working 40 hours or more a week after completing the necessary waiting period: 1. Medical insurance, vision and dental insurance coverage begin on the first day of the month following the date on which an employee commences full time work. The City shall pay 100% of the single health insurance premium and a percentage of the 'family health insurance premium as determined annually by the City Council as of the date of renewal of the City group health insurance policy. The City shall pay an amount equal to 100% of the single insurance premium and 100% of the family dental and family vision insurance premium provided under the City group insurance plan. In the event an employee elects not to participate in the City group health insurance coverage plan, and the employee provides evidence acceptable to City that employee has health insurance coverage available through a spouse's health insurance plan or some other source of health insurance, then City agrees to pay employee the sum of $140.00 per month in lieu of the single health insurance premium. An employee may elect to be covered under th City group dental and vision plan whether or not they elect to participate in the City group health PersManExA.doc 4 insurance plan. 2. -Life Insurance (included with medical plan). 3. Disability Insurance. 4. Pension -regular full-time employees shall become eligible for participation in the City retirement program after six (6) months of employment. When authorized, the City shall deduct contributions at the rate of (3%) to (6%) of the employee's base pay each pay period. Eligible law enforcement personnel shall participate in the retirement program for the Police Department upon date of hire. When authorized, the City shall deduct contributions at the rate of six (6%) of the police employee's base pay each pay period. The City shall match the employee retirement contributioni~rovided, however, in the event that state law mandates that the contribution to the pension for City of Blair police officers be increased to more than the six percent (6%) rate set forth hereinabove, then the pension plan for civilian employees of the City shall be amended to provide for the same rate of contribution and further more that the City shall equally match the employee retirement contribution. 3. SECTION 14.6 "Clothing and Uniform Allowance" is hereby amended as follows: Law Enforcement, Public Works Department and CemeterylPark Department Employees shall be eligible for clothing and uniform allowances as follows: a. Law Enforcement employee clothing and uniform allowance shall be at the sum of ~8A9:AA $1,000.00 per year per employee. Beginning with the third quarter allowance (April, 2004), all clothing allowance payments will be paid in arrears on a monthly basis. Each officer will be paid $~H~ $83.33 per month following the first City Council meeting of each month. Any officer terminating employment with the City will receive payment for that month on a pro-rated basis. (days worked/days in month). b. The City of .Blair agrees to pay for authorized clothing, up to one (1) year's authorized clothing expenditure (~8:9E1-} $1,000.00 for a new Law Enforcement employee. The employee will be required to reimburse the City should his employment terminate for-any reason before the completion of one (1} year. The amount reimbursed will be prorated, based on the actual number of months employed by the City. c. Public. Works Department, Animal Control and CemeterylParks Department employees will be provided with uniforms furnished by the City through rental service or actual purchase. PersManExA.doc ,. ,M . 4. SECTION 14.9 "Call Out Reimbursement" is hereby amended as follows: The Street Department, Utilities Department, Waste Water Plant and Cemetery shall be required to have an employee on call. The City will pay each on call employee (one employee per department) $50.00 to be 'on call from 7:00 a.m. on Monday until 6:59 a.m. on the following Monday whether or not the employee called out. If an employee is called out while on call, the employee will be paid for actual time worked, in ~ one-half (112) hour increments. If the majority of any department elects not to participate in the above policy then that department will maintain an on-call schedule acceptable to the City Administrator and shall be compensated for actual time worked. PersManExA.doc ~' RESOLUTION N0.2003- 37 COUNCILMEMBER SCHEVE INTRODUCED -THE FOLLOWING:RESOLUTION: BE IT RESOLVED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIlt, NEBRASKA,.that the daily rate to be charged far use of the Hardy Park recreational vehicle and:campingstalls shall be increased, effective October 1 2003 to the following rates, to wit: Description Daily Rental Recreational vehicle camping paid with $11.22 (plus the applicable local and state electrical outlets sales tax} Tent area without pad or electricity $7.48 per day (plus the applicable local . and state sales tax) COUNCILMEMBER ABBOTT MOVED THAT 'THE RESOLUTION. BE ADOPTED AS ..READ, WHICH SAID MOTION WAS SECONDED BY COUNCILMEMBER WOLFF. UPON. ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, SHOTWELL, MCMANIGAL, ABBOTT,. WOLFF, AND BIFFAR, VOTING "AYE", AND COUNCILMEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9TH- DAY`OF SEPTEMBER, 2003 r- - F STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of September, 2003. B A R. TAYLOR, CLERK RESOLUTION N0.2003-38 COUNCILMEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, pursuant to Resolution No.2003-7, the Mayor and City Council of the City of Blair, Nebraska, adopted the Year 2003 One and Six Year Plan for the construction. and maintenance and repair of the streets of the City of Blair, Nebraska. WHEREAS, certain amendments have been made to said One and Six Year Plan necessitating an amendment to such Plan. BE IT RESOLVED by the Mayor and City Council of the City of Blair, Nebraska, that the Year 2003 One and Six Year Plan for the construction and maintenance and repair of the streets of the City of Blair, Nebraska, as prepared by the City Street Superintendent and dated February 11, 2003, be and hereby is amended to add the projects listed on Exhibit `A' attached hereto and incorporated by this reference herein. BE IT FURTHER RESOLVED that the amendments to said One and Six Year Plan be filed with the Department of Roads, State'of Nebraska. COUNCILMEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ; WHICH SAID MOTION WAS' SECONDED BY COUNCILMEMBER BIFFAR. UPON ROLL CALL, COUNCILMEMBERS STEWART, SCHEVE, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE; AND COUNCILMEMBERS NONE VOTING `~VAY', THE MAYOR DECLARED THE FOREGOING RESOLUTION WAS PASSED AND ADOPTED THIS 23RD DAY OF SEPTEMBER, 2003 CITY OF BLAIR, NEBRASKA B E. REALPH, MAYO ATTEST: BRENDA R. TAYLOR CLERK (SEAL) 1 STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly. appointed, qualified and acting City Clerk of the City of Blair, Nebraska., and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 23rd day of September, 2003. BRENDA R. TAYLOR, CLERK Exhibit "A" Revisions to 2003 One and Six Year Plan Location/Description Design Standard Estimated Cost Ridgeview Road. and Pitta.ck Street BOARD OF PUBLIC ROADS CLASSIFfCAT10NS AND STANDARDS FoRnn ~ o NOTlFICATI.ON OF REVISION OF ONE YEAR PLAN COUNTY: CITY: VILLAGE: Blair REASON FOR REVISION: Neuv deve~0~ Eflt ---~~-~-~--M-~-~~--~--------__~__M_________________.._ LOCATION DESCRIPTiQN: BOUlder R(dge ~IVdP_~`_~~~_____________~--~--~~~~--__--------~__________~~-- EXISTING SURFACE TYPE AND 5Tf2UCTURES:(such as dirt, gravel, asphalt; concrete, culvert orhndge) Concrete ~_______ AVERAGE DAILY TRAFFIC: 99 = ~ ivA 2D = CussIFICATION TYPE: (as shown on Functional c/assifica6on Map) - .Local PROPOSED IMPROVEMENT DESIGN STANDARD NUMBER: DR2 SURFACING: 7" THICKNESS 25`. ~ WIDTH X GRADWG X CONCRETE X RIGHTOF .WAY LIGHTING AGGREGATE X CURB ~ GUTTER UTILITY ADJUSTMENTS ARMflR COAT DRAINAGE STRUCTURES FENCING PHALT X EROSION COI3TROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH - TYPE NEW BRIDGE ROADWAY WIDTH ~_ LENGTi-I TYPE BOX CULVERT; SPAN __ RISE ~LEIdGTH TYPE CULVERT: DIAMETER ~18" LENGTH 50' ~~ TYPE YES ~-NIA Bridges and Culverts S¢edHydraulic Analysis Pending OTHER conisTRUCTION FEATURES Construc#ian of PCC~avernen# with curb and ~u##er __e____ ESTINRATEI3 COST *COtiN7'Y *Cn"'1' *STATE *FEDERAL *OTiiER TOTAL " per TriflLTSANVS) 40 4Q *OPTIONAL Project Length = ~~_ (Nearest Tenth) 0.1 ~_ (stale unit of Measure) PROJECT NtAU113ER: .~__~___~_ B-8 ~~Q~.~~______ GNATURE: TITLE Director of Pubfic Works DATE Page 1 BOARD OF PUBLIC ROADS CLASSIFICATIONSAND STANDARDS ' - FORM 10- NOTIFICATION OF REVISION OF ONE YEAR PLAN COUNTY: CITY: VILLAGE:. . Blair REasON FoR rZEVISION: NeVH develo~ment___~_~__ LOCATION DESCRIPTION: Plttack S#reet EXISTING SURFACE TYPE AND STRUCTURES:(such as dirty gravel, asphalt, concrete, culvert orbridg~e) Concrete _~___ VERAGE DAIlY TRAFFIC: 1'8 - NA 20 = CLASSIFICATION TYPE: (as shown on Functional Classification Map) Local ' PROPOSEDIRAPROVEMENT DESIGN,STANDARD NUMBER: DR2 SURFACING: - 7° THICKNESS ' 25' WIDTH x GRADING x CONCRETE X RIGHT OF WAYLIGHTING GGREGATE X CURB & GUTTER UTILITY ADJUSTMENTS ARMOR COAT DRAINAGE STRUCTURES FENCING ASPHALT X EROSION CONTROL SIDEWALKS BRIDGE TO REMAIN IN PLACE ROADWAY WIDTH LENGTH TYPE NEW BRIDGE .~_____+Y~~ROADWAY WIDTH ~_ ~W LENGTH Y TYPE BOX CULVERT: ~ ~W~Y •SPAN ___ RISE ~ ~ LENGTH TYPE CULVERT: - ~~~_. DIAMETER ~ 1$" LENGTH 5Q' TYPE YES C~N/A Bridges and Culverts Sized ~ Hydraulic Analysis Pending oTi-TER coNSTRUCTION FEATURES Construction of PCC~?avement with curb and ~uiter___~_~~____ EST1flrIATED COST aCOUNTY *CITY `STATE "FEDERAL "OTHER TOTA! (!N THOUSANDS) - 4O '~~ "OPTIONAL Project Length = ._____ (Nearest Tenth) ______0.1 _~(Stafe unrT of Measure} PRO.lECT NUAABER: .~_~________ B-87(Y U3~ ~-- SIGNATURE: TfrLE: Director of Public Worr<s - DATE: Page 1 RESOLUTION N0.2003 - 39 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Agreement between the City of Blair, Nebraska and HDR Engineering, Ina for the purpose of water testing relating to water turbidity at the water works and water supply system owned and operated by the City. WHEREAS, said Agreement is acceptable to the City of Blair. NOW THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and by this reference made a part hereof as though fully set forth herein, is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR- AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART; SHOTWELL, SCHEVE, FANOELE, MCMANIGAL, WOLFF, ABBOTT AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR, DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 14~ DAY OF OCTOBER, 2003. CITY OF BLAIR, NEBRASKA B ~--~- J E. REALPH, MAYOR ATTEST: B NDA R. TAYLO TTY CLERK (SEAL) -1- STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 14th day of October, 2003. BRENDA R. TAYLOR ITY CLERK -2- t 4 ~ ~: ' SHORT FORM AGREEMENT~BETWEEN OWNER AND HI)R ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made as of this ~`1 `~ ' day of U G~9 ~~ , 2003,. between City of Blair, NE ("OWNER").and HDR ENGINEERING, INC., ("ENGINEER") a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska,, 68114 for services in connection with the project known as (Cold Weather Bench and Pilot Testing Water Treatment Plant ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with the Project; and WHEREAS, ENGINEER desires to render these Services as described in SECTION I, Scope of Services. NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants.contained herein,'agree as follows: SECTION I. SCOPE OF SERVICES' ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached "HDR Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be an estimated fee of $8,240.00. per diem for the bench scale testing, including reimbursable expenses and an estimated fee of $7,900 per diem, including reimbursable expenses for pilot scale testing, including reimbursable expenses. Estimated total fee is $16,140 per diem. This cost is summarized in Exhibit C. N:\water\blair\Short Form Agree-Oct 2003.doc October 2003 ,:~ The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on.this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Compensation terms are defined as follows: Per Diem shall mean an hourly rate equal to Payroll Cost times a multiplier of 2.25 to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense. Payroll Cost shall mean salaries and wages, (basic and overtime} paid to all personnel engaged directly on the Project, plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto. For this Agreement, the amount of customary and statutory benefits of all personnel will be considered equal to forty percent (40%) of direct labor cost. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall, perform the services in late winter or early spring of 2004. Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S services have been agreed to im anticipation of the orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded through no fault of the ENGINEER, the time for performance of those services shall be automatically extended for a period which may be reasonably required for their completion and all rates, measures and amounts of ENGINEER'S compensation shall be equitably adjusted. N:\water\biair\Short Form Agree-Oct 2403.doc 2 October 2003 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF BLAIR, NEBRASKA "OWNER" BY: NAME: ~CY1~S ~ ~~et~'c~~h TITLE: /~ ac.~a~r ADDRESS: 2t~ S• ~~~~. ~lQi~ r~~ C~~~o~ HDR ENGINEERING, INC. "ENGINEER" NAME: ~a, ~ Q_ ~2~G~6ZT TITLE: '/1~~ r~2~'~o~*,y-~ ADDRESS: ~~ ,Tvn«,/ ,~/~$ .per 4~ ,vim did?'//~i -~J~ N:lwater\blairlShort Form Agree-Oct 2003.doc 3 October 2003 EXHIBIT A SCOPE OF SERVICES EXHIBIT A SCOPE OF SERVICES 1.0 INTRODUCTION The Blair Water Treatment Plant (WTP} treats water from the Missouri River. Periodically, water quality of the river water is difficult to treat. This normally occurs when ice breaks loose in tributaries of the Missouri River upstream of the Blair WTP intake.. During these events, the water temperature is at 32° F and the rolling action of the chunks of ice scours the riverbed bringing up silt, fine sand and organic material. The end result is a turbid, colored water which may have high ammonia (free and combined) and total organic carbon (TOC} concentrations. Ammonia and TOC contribute to taste and odor problems in the finished water: Because of the cold emperature of the water, chemical reactions are extremely slow. Thus, the coagulation and flocculation processes are greatly impeded producing pin floc that does not settle. To compound the problem, the river water is denser impairing the floc's ability to settle the larger floc. The filters must work harder to remove the floc that did not settle in the sedimentation process. The pin floc is small enough that it passes through the filter media increasing the turbidity of the filtered water. The Blair WTP experienced the condition described above in February of 2003. During February, the filtered water turbidity at the Blair WTP met the current regulatory maximum contaminant level (MCL) of 0.5 NTU. However, the filtered water turbidity may have had difficulty meeting the reduced turbidity MCL of 0.3 NTU that will take effect for water utilities serving populations less than 10,000 in January 200. This was cause for concern to the WTP staff who are now seeking enhanced treatment methods to ensure continuous compliance with the new turbidity regulation when it goes into effect. - Due to the challenge in treating the Missouri River water under the conditions described above, the City of Blair has asked HDR to investigate treatment methods that mitigate the problem of .treating the river water. Atwo-stage program. is recommended: bench scale testing followed by pilot study testing. 2.0 BENCH SCALE TESTING 2.1 Proposed Treatment Methods The main part of the problem stems from impairment of the coagulation process by the cold temperature of the river water. Another problem is due to the unpleasant taste and odor that typically occurs during the cold weather events. Selected treatment methods should be bench tested to determine if they could be effective in mitigating turbidity and taste and odor problems. A-1 Enhancing the coagulation process can be achieved by pre-oxidation, more effective use of coagulants and coagulant aids. Increasing filtration performance maybe achieved by using filter aids, usually polymers. Taste and odors are also a problem during the cold weather events in the river water. This is usually due to a combination of factors. First, TOC is usually in a higher than normal concentration. Second, ammonia concentrations are typically high during the cold weather events. Adsorption with powdered activated carbon (PAC) can be an effective method of reducing TOC, if the addition of PAC is preceded by oxidation. PAC requires vigorous mixing to maintain the PAC in suspension and adequate detention time (typically 30-40 minutes) for effective performance. However, there is currently no location at the Blair WTP ahead of softening where PAC could be effectively used. Therefore, PAC is not recommended for bench testing. High concentrations of ammonia can cause taste and odor problems by forming excessive concentrations of dichloramine and even trichloramine in the finished water. Unlike monochloramine, dichloramine and trichloramine produce an unpleasant taste and odor in the water. The chloramine can be destroyed by oxidation. The oxidant normally used is chlorine, through a process called- break-point chlorination. The bench tests approach to the problem should focus on enhancing coagulation and removal of taste and odor causing materials. There are four basic methods of achieving these objectives: 1. Pre-oxidation 2. More effective coagulants and coagulant aids 3. Filtration aids 4. Break-point chlorination 2.1.1. Potassium Permanganate (KMnOa) One means of obtaining. better turbidity removal is enhancing the coagulation process through pre-oxidation. One of the more commonly used oxidants for this purpose is KMnO4. Oxidation ahead of the coagulation process can produce a-better floc, resulting in better filtration. In addition, the oxidation process oxidizes TOC, which can remove it more readily by conventional filtration (coagulation, flocculation, sedimentation and filtration). Thus, color, taste and odor causing compounds and disinfection by-product (DBP} precursors are better removed. 2.1.2. Coagulants and Coagulant Aids Evaluation of coagulants and coagulant aids can identify a combination of coagulant and coagulant aid that can work better during cold weather events. Bench tests would be conducted on various combinations of coagulants and coagulant aids to determine which combinations provide the best performance during cold weather events. A-Z 2.1.3. Filtration Aid Filter aids can be employed to enhance filtration during these events. WTP's along the Missouri River have reported better filtration with higher than .normal dosages of polymer head of the filters during the cold weather events. Bench tests would be conducted to determine if better turbidity removal can be achieved during the cold weather events: 2.1,4.. Break-Point Chlorination Chlorine can be.used to control the amount of dichloramine and trichloramine in the finished water, thereby reducing taste and odor. Performing the tests on a bench scale could provide useful information regarding the dosage required to oxidize combined chlorine to control taste and odors for a given raw water ammonia concentration. 2.2 Bench Test Protocols Bench test will be developed for testing with KMn04, coagulants and coagulant -aids, and filtration aids. The bench test should be conducted on the Missouri River water during the time that the ice floes are heavy. The test protocol will be set up to: 1. Maintain the temperature of the water near freezing throughout the bench test to obtain corresponding test results, 2. Evaluate alum, ferric chloride and ferric sulfate - a. presedimentation, b. coagulation, ~ c. flocculation, d. sedimentation, and e. filterability of the settled water. 3. Evaluate polymer addition a. presedimentation b. coagulation, c. flocculation, d. sedimentation, e. filterability of the settled water, and f. filter aid. 4. Evaluate KMnOq, (using best performing coagulant and/or coagulant aid dosages) a. coagulation, b. flocculation, c. sedimentation, d. filterability of the settled water, and e. compare raw water TOC to filtered water TOC. _ 5. Evaluate breakpoint chlorination for ammonia removal. Testing will be conducted by HDR personnel in the City's WTP laboratory with the exception of TOC and ammonia nitrogen. TOC and ammonia nitrogen testing will be conducted by a private laboratory. A3 2.3 Letter Report Prepare letter report summarizing results of bench testing and making recommendations for chemical feed for pilot study. . 3.0 PILOT STUDY The pilot study for the Blair Water Treatment Plant (WTP) is proposed to be temporary full- scale. The pilot study would be in two parts and assumes that the temporary feeding of potassium permanganate at the intake with the possible addition of alum and/or polymer at the pre-sedimentation will be shown to be effective in mitigating turbidity and taste and color problems in the bench scale testing. 1. Addition of potassium permanganate (KMn04} at the intake. 2. Addition of alum and or polymer at the pre-sedimentation basin in conjunction with KMn04 feed at the intake. -The assumption is made that Owner will be responsible for the following: 1. Furnish and install all chemical metering pump(s) and feed equipment, mixing and storage tanks, mixer, chemicals, and plumbing/electrical (to connect equipment to system) as recommended by Engineer. 2. Collect samples at the locations and frequency recommended by Engineer. 3. Perform turbidity analysis on the raw water and filtered water samples as recommended by Engineer. 4. The assumption is made that Engineer will be responsible for the following: a. Recommend initial chemical dosages and assist Owner in setting chemical metering pump feed rates. b. Recommend changes in chemical dosages and assist Owner in'changing chemical metering pump feed rates. c. Assist Owner in performing laboratory testing as required and transport TOC samples to laboratoryfor analysis. d. Prepare a letter report, which will summarize test results and recommend process improvements based on the pilot study data. An estimate of cost for the improvements will be included. 3.1 Addition of Kmn04 A temporary KMn04 feed system would be set up in the intake. The system would be comprised of three tanks, one mixer, one transfer pump and one metering pump. Two of the.tanks would be 500- gallons each, and the third tank would have a volume of 100 gallons. The two larger tanks would be for storing the KMn04 solution and the smaller tank would be for mixing the solution. The mixer would be mounted on the smaller tank. The transfer pump would transfer the solution from the small tank to a lazge tank.' Once the KMn04is mixed in solution, it will stay dissolved. The purpose of mixing in the smaller tank is to keep the mixer small and so that only one is required. Mixing solution would only be performed once per day. The mixing process will be labor intensive, but the pilot testis proposed for only 4 to 5 days. A-4 The solution would be mixed in a concentration of 2 to 3 percent, depending on the water temperature. KMnO4 has a solubility of 6.38 grams per 100 milliliters of water (6.38°l0) at 20°C (68~. If the water temperature is near 0°C (32°F), then solubility of KMnO4 is expected to be about 2 to 2.5 percent. The dosage used for the pilot test will be taken from the bench test results. Tlie specific gravity of 2 to 2.5 percent KMnOq, solution is about 1.0. The expected feed rate for KMnO4 is 0.5 to 2.5 mg/L (ppm), and the anticipated flow rate is 7 MGD. 2.5 ppm x 8.341bs/gal x 7 MGD _ g~5 gaUday 0.02 x 8.341bs/gal The metering pump would require a feed capacity of at least 875 gallons per day (36.5 gallons per hour) and must have enough pressure to overcome the discharge pressure of the raw water pumps. The KMnO4 solution would need to be fed at two locations just ahead of each 20-inch pipe going to the pre-sedimentation basin to ensure equal treatment of the raw water entering the pre-sedimentation basin. The KMnO4 has about 6 to 7 minutes of contact time before entering the pre-sedimentation basin. The pre-sedimentation basin has 2 hours or more of detention tune at 7 MGD flow. 3.2 Addition of Alum and/or Polymer Alum and/or polymer would be fed at the chamber just ahead of the pre-sedimentation basin. The dosage used will be determined from bench tests. KMNO4 will be fed at the intake during this period. The purpose of this testis to determine if the filtered water turbidity and TOC reduction is improved by the addition of -alum and/or polymer. Alum and polymer can be fed from existing equipment in the WTP. 3.3 Monitoring. Monitoring would be comprised of the following samples: 1. Raw water turbidity. 2. Raw water TOC. 3. Filtered water turbidity. 4. Filtered water TOC. Samples should be collected every four hours. Turbidities will be analyzed at the WTP. TOC samples will be sent to a laboratory. 3.4 Issues The following are some areas that may impact the outcome of the pilot test: 1. The contact time for the potassium permanganate may not be long enough prior to the addition of alum andJor polymer. It will be more than enough when KMnO4 is added alone. 2. Amount of time required to mix one day's supply of solution. 3. Changes in raw water quality. AS EXHIBIT B TERMS AND CONDITIONS HDR Engineering, Inc. Terms alnd Conditions for Professional Services STANDARD OF PERFORINANCE The standard of race for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER's profession practicing under the same or similar circumstances at the same time and in the same locality. ENGINEER makes no warranties, express or implied, under this Agreement or othervrise, in connection with ENGINEER's services. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles,. owned and non-owned vehicles; Commercial General Liability insurance of $1,000,000 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this Agreement caused by negligent acts, errors, or omissions for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance. fle~abilify and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such senrices are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal, insurance or accounting services, opinions or advice. Further, it is the OWNER's sole responsibility to obtain the advice of an attomey, insurance counselor or accountant to protect the OWNER's legal arid financial interests. To that end, the OWNER agrees that QWNER or the OWNER's representative will examine all studies, reports, sketches, drawings, specifications, proposals and-other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attomey, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER's interests before OWNER takes action or forebears to'take action based upon or relying upon the services provided by ENGINEER. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cast provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qual'~ficetions, and represents its judgment as an experienced and qualfied professional engineer. However, since ENGINEER has no control over the cost of tabor, materials, equipment or services furnished by others, or over the contrailor(s') methods of determining prices, or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids oractual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work pertormed under construction contrails shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contrail documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement.- OWNER agrees to include ENGINEER as an indemnified party in OWNER's construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor's Iiabillty insurance policies. 5. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and infomtation pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance requirements, SUCCESSORS AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns,. and legal representatives tothe covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement or claims arising therefrom without the written consent of the other. 8. REdlSE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or cn any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose- intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnity 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 enittie ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 9. TERMINATION OF AGREEMENT OWNER or ENGINEER may terminate the Agreement, in whole ar in part, by giving seven (7) days written notice, if the other party substantially fails to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide far termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the 1 (10/2001) parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES .. ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request. !f OWNER disputes any items in ENGINEER's invoker for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarfication and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a special invoice for the disputed-item only. OWNER recxrgnizes that late payment of invoices results in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1%) per month, but not to exceed the mapmum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER'S invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full. 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated; and made part of this Agreement The execution of the change shall be. authorized and signed in the same manner as this Agreement. Adjustmerrts in the period of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the senvcss required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER of such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, or suspension of services results in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice to-proceed, or like document. 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials, It is acknowledged by both parties that ENGINEER'S scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials; ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services _ on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and,. as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER and that ENGINEER is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with ENGiNEER's services under this Agreement. li ENGINEER's services hereunder cannot be performed because of the existence of hazardous materials, ENGINEER shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER -shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i}any such cost, loss, or damage is attributable to bodily injury; sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's sole negligence or willful misconduct. 16. EXECUTION This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes. and controls over all prior written or oral understandings. This Agreement may be amended, supplemented or modified only by a written instrument duly executed by the parties. 17. LIMRATION OF LIABILITY ENGINEER'S and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER'S and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of $50,000 or the tots! compensation received by ENGINEER hereunder, except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENGINEER and its employees from any liability above such amount. 18. LPTIGATION SUPPORT In the event ENGINEER is required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. Terms & Conditions for Professional Services 2 (10/2001) EXHIBIT C FEE. SUflIIIVIARY BENCH SCALE TESTING AND PILOT STUDY EXHIBIT C FEE SUMMARY-BENCH SCALE TESTING An estimate of the hours to develop bench test protocols, perform bench test, develop letter/report, and perform internal quality control is provided in Table No. 1. Table No. 2 is a list of laboratory equipment that would be required to perform the bench tests. The laboratory equipment list assumes that the City of Blair does not have this equipment and further that it has a working jar stirrer with six stirrers and a vacuum pump for vacuum filtration. I3DR will purchase this equipment and at the end of the bench tests, the equipment, glassware, and remaining chemicals will become the property of the City of Blair. City shall verify to HDR that it has a working jar stirrer and vacuum pump prior to commencement of testing. Table 1 Estirnatec9 Project Hours and Labor Fee For Bench- Scale 'Pasting _ Task PM QC Sr. _Engr._ Ear. En r. WP/ Cler. Project Administration 2 1 Develop Bench Test Protocols 2 6 1 Bench Test 16 16 Tech Memo ~ 2 8 1.5 QC ~ 2 0.5 Total Hours 2 2 20 30 4 Grand Total Hours = 58 Subtotal Estimated Labor Fee = $6,095 Direct Costs 3 trips to Blair for Bench Scale Testing @ $40/trip: $120 Lab Testing Two. (2) Ammonia Nitrogen Tests @ $30/test: $ 60 Twelve (12) TOC tests @ $40/test: $480 Miscellaneous: 80 Subtotal: $740 c-r L ~ .. ` Table 2 Laboratory Equipment & Materials to be Procured -Bench Scale Testing Other Direct Costs --- - -- Description~ Quantity ,- ~ Unit Cost ! Total Cost B-KER2* 2 liter square beakers, Fisher Scientific cat #NC-978-1028 6 $80/beaker $480 Assorted Pipettes Lump sum $100 Volumetric Flash, Pyrex glass, l Titer, Cole Parmer Cat. # A-34560-11 1 case (6/case) $190%ase $190 Funnels, plastic fluted, top OC 108 mm, cap. 254 mL, Cole Parmer cat # A-06120-60 2 pk (4/pks) $22:5/pk $45 Flask, filtering, plastic, 500 mL, Cole Parmer Cat. # A-34557-02 1 pk (6/pk) $120/pk $120 Buchner Funnel, ceramic, 90 mm dia., Cole Parmer Cat. #A- 1 $40 $40 Filters, glass fiber, 90 mm dia., Cole Parmer Cat. # A-29813-12 1 pK (501•ilters/pk) $40/pk $40. Funne(Support, wooden, holds. 8 funnels & 8 beakers, Fisher Cat. # i4- 734::. --, . ,_ 1 ' $50 $50 Beakers, Pyrex. glass, 600 mL, Cale Parmer Cat. # A-34502-09 1 pk (6/pk) $35 $35 Filter paper, 24 cm dia., What no. 40, Cole Parmer Cat # A-06647-17 1 box (100 a ers/box $105/box $1.05 Miscellaneous items Lump sum $200 Subtotal Equipment $1,405 Bench Scale Testin4 Fee Surnma Labor Fee: $6,100 Direct Costs: $ 740 Other Direct Costs: 1 400 Total Estimated Fee: $8,240 c-a a" FEE SUMMARY -PILOT SCALE TESTING An estimate of the hours to assist Owner in conducting the pilot testing is summarized in Table No. 3. Table 3 Estimated Project Hours and. Labor Fee For Pilot Scale Testing Task PM QC En r. Sr. En r. ! ~ En r. WP/ Cler. Project Administration 2 1 Recommend/Adjust Feed Rates 2 ~ 4 Lab TestinglSamples 8 24 Letter Report 2 12 3 QC 2 Totat Hours 2 2 12 40 4 Grand Total. Hours . 60 Estimated Labor Fee . $6,300 Direct Costs 3 trips to Blair @ $40/trip: $ 120 Lab Testing 36 TOC Tests @ .$40/test:. $1,440 Miscellaneous:. 40 Subtotal: $1,600 Estimated Pilot Scale Fee: $7,900 C-3 RESOLUTION 2003- 40 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, AS FOLLOWS: SECTION 1. Whereas, pursuant to Resolution 2003-24, adopted on 8~` day of July, 2003. The Mayor and City Council determined that it was necessary and advisable that the City ,under the authority granted by Sections 1$-2001 to 18-2004, inclusive, R.R.S. Nebr. 1943, as amended, cause the following unpaved street with the City to be improved by grading, curbing, guttering, and paving together with necessary appurtenances, to-wit: Pittack Street, from the existing concrete paving on U.S. Highway 30 to the western end of Pittack Street, within the City of Blair, Nebraska, said project to be included in Gap Paving Project No.182 SECTION 2. Whereas it has been determined by the City of Blair that an additional 15 feet of right away on the northwest corner of the original plat identified in Resolution 2003-24 will be needed for the purposes of public safety and public benefit and to that aim the City of Blair desires to add this additional property to the Gap Paving Project No. 182. SECTION 3 It is found and determined that the above-described unpaved street to be improved as part Gap Paving Project No.182 shall meet the following criteria: (a) the portion of said street to be improved does not exceed two blocks including intersections, or 1,325_ feet, whichever is lesser, that said. street is otherwise paved and with the paving will be one continuous paved street, (b) intersects a paved street for a distance of not to exceed one block on either side of such paved street, or (c) connects with a major traffic street for a distance not to exceed one block from such major traffic street. SECTION 4. The cost of such improvements, excepting street intersections, shall be assessed against the property benefitted by said projects in proportion to such benefits in accordance with Section 18-2003 R.R.S.,Neb. 1943, as amended. COUNCIL MEMBER WOLFF MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE", .AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14TH DAY OF OCTOBER, 2003 CITY OF BLAIR, NEBRASKA B ~- J E. REALPH, MAYOR ATTEST: 6' RENDA R. T-AYL ITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified, and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed at a regular meeting of the Mayor and City Council of said City held on the 14th day of October, 2003. 'f> B NDA R. TAYLOR, CLERK ~ p ~, .~ a' ~. 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':4.-.~ '~~-- d Z RESOLUTION NO.2003 - 41 r COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, The Steier Group, Inc. has submitted a proposed Agreement for professional fund-raising. counsel related to the Capital Campaign from October 2003 thru March 2004, specifically related to the development of the Veterans Tribute Plaza located at 13~' & Washington Streets in the City of Blair, Nebraska. A copy of said Agreement is attached hereto as Exhibit A and by this reference made a part hereof, as though fully set forth herein, is hereby approved by the City of Blair, Nebraska WHEREAS, the Agreement `between the City of Blair, Nebraska and The Steier Group, Inc. for professional services asfund-raising counsel specifically related to the Veterans Tribute Plaza is acceptable to the Mayor and City Council. .~ NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Agreement between the City of Blair, Nebraska and The Steier Group, Inc which has been presented to the City Council, is hereby accepted and adopted by the City of Blair, Nebraska. BE , IT 'FURTHER RESOLVED THE MAYOR AND THE. CITY CLERK of Blair, Nebraska are hereby authorized and directed to execute said Agreement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FA1~lOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE AND ABBOTT VOTING "AYE" AND COUNCIL MEMBERS BIFFAR, WOLFF AND MCMANIGAL VOTING "NAY", THE .MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED. THIS 28~ DAY OF OCTOBER, 2003. -1- CITY OF BLAIlZ, NEBRASKA ATT: n " ~~'~ '~~ B NDA R. TAYLOQI~ CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) B J REALPH, MAYOR BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair; Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 28th day of October, 2003. ~~' '~ , F ~' BRENDA R. TAYL ,CITY CLERK -2- { ;1- ~ i - • ,. - Ia~`~ELtG~~`1VIEN'T C"OYTlIT~EL AGREEI~NT ~ . 'The,-City of Blair, N~liraska and the Steier Groups Inc,, entei irito-an agreement concerning professional. - r development and-fizud-raising eouusel for the' Washington County Veterans 'Tribute Plaza capital campaign •as _ outlined below: _ ~ . - Capital Campaign _ `` • .October 29;' 2Q03 -March 19, 2004 ` . • - _. The City'of Blau;. Nebraska will.receive ~professionalconsulting services,froiri the Steier Groups=Inc. for the duration of the Veterans Tribute~Plaza campaign,- Details regarding the Steier Group's service are qutlnecl on Addendum I of - " this -contract: Through©ut the contract period, the Steier Crroup will, provide a:weekly progressreport to the Veterans Tribute:Plaza Committee and the Blair, Nebraska. City Council: 'This report will include an,update,regarding:the , < caiiipaign s progress~and an update regarding the~c~mpaign expenses incurred during the past week. VeterariS:Tribute:Plsza shall have a ,goal o~ makixig payments to the,Steier Group;~Tnc:; for professional" services and , - reimbursable expenses per the fallowing schedule: ~ ~ - - ~_. . November 7, 2003 $.9,U00 plus expenses _ 7anuary 23? 2t?04 $9,000-plus expenses , - ' ovember 21-, 003 ~ ;$9,0(20 plus.-e~Penses ~. ' : ~etiniary 6, 2004 -. $~,OOO plus. ea~enses • December S, •Z00~ -_ " $9,000 plus expenses Februaiy 20, 2004 ` - $9,000 plus expenses" . • December 19,.2003 $9,©©Q-plus expenses March 5, 2004, ° • $9,000 plus expenses' , • , ` January 9, 2004 ~. $9;000 plus expenses March L9, 2004 ' $9;000_plus expenses,'! •_ _ Tlie above mentioned fees and expenses; are not~earned until the dates indicated Have passed : Ea~penses mciitred by the Steier Group,.;Inc ,while providing development and .hind-raisug services for t1-e ~eteians Tn`tiute Playa.: ` . ' campaign are in addition to`consulting fees and will be billed a#-cost. It is fi~rt`her a _ - greed that the total pampaign etpenses,•as described i:ai~he proposed budget estimate, will not"exceed $'7,000:- Expenses will include consiiitant . travel, lodging and meals as well,as copying, postage and pruit~ng costs.. The City of flair; Nebraska also agrees to ` - ` reimburse the Steier`Group'-foi •any of the afor~mentioii~d expenses that are incurred while fhe Sir Group is , perfgrmmg follorv?iip counsel after:Marcli,l9, 2004 Follow up' expenses wiu be $p unless the City of Blair; •; - Nebraska or the Veterans4Tri`bute Plaza Committee requests that the Steier Group travel' for,campaign follow up meetings, travel to assist with future solicitations; or print,aud/ormail follovwup materials at the' Steier Group's .. ~ - expense In these .iiistauces; the. Steier Group will. be' reimttursed for these expanses.. All ~experises !Host lie approved ~ • , ; ' - in advance bythe Veteiansfin'bute Plaza Committee: • ~ , r. -, ~ The City of flair; Nebraska` and the Steier Group, Inc ,agree that,the Steier Group, l nc., will be compensated in: full . in tle'mannei set forth;above It is~further.?~d~'stoodby; the parties that the Steier Group, rnc.;; canriot~ethicaily,be .•,, compensa aed _by re~;ivuig ~ lteercentage of fonds i~ised The Steier Group will include ~.I percent interest fee ger ~ ... month (I2lo; annual-date) on all fees and-expenses tkat are overdue-for more than 90,days. If necessary, the Steier : .. >:. Grtii}p will not require payments•from the City of Blair,:Nebrasl~a until:ari adequate amount of.campaign gifts have been received: and are available to make the payments:.. ; . ~ ~ ~ . . , ' .. -: The City of Blair; Nebraska agrees;to allow. the Steier Group to erect a company sign at constraction/renovatiori' sites , : ; asSociated~with the:campagn This` sign will be placed near the similar signs erected bythe architectural and = construction"firms working on the proleot: The !oration and appearance- of this sign must be approved by the _ - ~ Veterans Tnbute Plaza Committee... The coasts associated withthe-creation ancl;erection of the sigh are`the sole'' . respoiisibi it~'of th~•Steier Group - .` • _ • The Ciiy of Bair, Nebraska and the •Steier Group;.Tnc ;agree t0 the'terms of this•agreeirient as optlined'above aztd as ' ' , outlined~on'Addenciin I. - -Either party !nay teriariiriate ,this contract liy"providing a ~0-day writtennotice::' This` ` ; -" , ,. _ - "contract shall tie governed by;Nebraska law and all utes shall° - , _ , drsp be subject to the jurisdiction of the courts in ,. `•Washin • on Coun,L Neli - O- J9 -. , - CITY C3F BLAIR, NEBRASKA THE STEIEIt GR+OiJP, ILVC ~ - Signature: -...,~ ~ - .:Sigiiatur-e: ~ - .. `Pent:: __ ~~=~(lQS ~(j~~ , . ~_ • Pent: J-:Ot•~~5:~ 5~2~er,~c'.. , - Title:- -, l~ U (~fZo _ - - Title:. ~-~C~ Pte r1 ~" -. RESOLUTION NO. 2003-42 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that seven handicap parking stalls designated on Washington Streets and Lincoln Streets between 16~` Street and 17~' Street be removed/eliminated and that two new handicap parking stalls located between 16~' and 17"' between Washington and Lincoln Street be designated as indicated on, Exhibit "A" attached hereto and incorporated herein by reference, and that the Street Department of the City of Blair is hereby authorized and directed to place handicap parking signage reflecting the restricted parking areas as designated on Exhibit «A„ BE IT FURTHER RESOLVED that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said parking restriction. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, ABBOTT, FANOELE, SHOTWELL, MCMANIGAL, BIFFAR AND WOLFF, VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 11TH DAY OF NOVEMBER, 2003 CITY OF BLAIR, NEBRASKA B ___ ,MAYOR ~- ATTEST: r~`6~ BRENDA R. TA . ,CITY CLERK (SEAL) STATE OF NEBRASKA as: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 11th day of November, 2003. ~~ BRENDA R. TAYLO ITY CLERK i,~ EXHIBIT A Handicap parking stalls to be removedJeliminated 1. 1704 Washington Street 2. 1600 Washington Street 3. 1565 Washington Street 4. 1663 Washington Street 5. 1618 Lincoln S#reet 6. & 7. Two stalls furthest North on the East side of 17th Street between Washington and Lincoln Streets. Handicap parking stalls to be created 1. 1670 Lincoln Street 2. On the East side of 17th Street between Washington and Lincoln Streets, the first stall North of the alley. RESOLUTION NO.- 2003-43 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, Section 5-404 of the Municipal Code of the City of Blair provides that the governing body may by resolution prohibit or regulate parking on designated streets or parts of streets. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that a handicap parking stall be added adjacent to the Congregational Church (United Church of Christ) where there is already a handicap curb cut, as per Exhibit "A" attached hereto and incorporated herein by reference, and that the Street Department of the City of Blair is hereby authorized and directed to place handicap parking signage reflecting the restricted parking areas as designated on Exhibit "A". BE IT FURTHER RESOLVED that following the passage and publication of this Resolution it shall be unlawful for any person to fail, neglect, or refuse to comply with said parking restriction. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER FANOELE. , UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, ABBOTT, SHOTWELL, FANOELE, BIFFAR AND WOLFF, VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003 CITY OF BLAIR, NEBRASKA BY u v.,. S E. REALPH, MAYOR ATTEST: P ~~ ~ l BRENDA R. TAYLO ITY CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the 25th day of November, 2003. °? r ~~u ~~ , f B NDA R. TAYLO TY CLERK A~f.~dw~t ,4 ~~~~ ,~ s t °~` ~ --1.. e ~~ wv ~~ ;~ _ , -. ~ ,. .}. F .. ~ t s x RESOLUTION N0.2003 - 44 COUNCIL MEMBER SHOTWELL INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with approving the Amended Blair Flex-Choice Plan for the City of Blair Employees; and WHEREAS, said agreement is on file with the City Clerk is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED by the City of Blair , that a Plan known as the City of Blair FLEX-CHOICE Plan is hereby amended and a copy of Plan is attached. The Plan, as amended and restated as of January 1, 2004 will be provided to certain employees and allows for the employee's portion of the contribution for medical coverage to be made on a pretax basis up to the maximum amount of $5,000.00. The City of Blair FLEX-CHOICE Plan is hereby amended and approved by the municipality and the Mayor and City Clerk of the city of Blair are hereby authorized and directed to execute same on behalf of the municipality. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, ABBOTT, WOLFF AND BIFFAR, VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003 CITY OF BLAIR, NEBRASKA ATTEST: ~A~ BRENDA R. TAYLO CLERK (SEAL) BY _ S E. REALPH, MAYOR STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City held on the ZSth day of November, 2003. BRENDA R. TAYLOR, CLERK r TABLE OF CONTENTS ARTICLE I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. Purpose Definitions Eligibility and Participation Contributions Election of Available Benefits Medical or Medical-Related or Life Premium Reimbursement Benefit Medical or Medical-Related Expense Reimbursement Benefit Dependent Care Assistance Benefit Adoption Assistance Benefit Plan Changes and Amendments Administration .Claims Participant and Employer Rights flan Termination Plan Construction Adoption i TABLE OF CONTENTS ARTICLE I. - ose II. Definitions 2.01 Administrator 2.02 Adoption 2.03 Adoption Assistance 2.04 Agreement 2.05 Allocation 2.06 Beneficiary 2.07 Benefits 2.08 Code 2.09 Compensation 2.10 Dependent 2.11 Dependent Care Assistance 2.12 Dependent Care Expenses 2.13 Dependent Care Service Provider 2.14 Earned Income 2.15 Effective Date 2.16 Election 2.17 Eligible Child 2.18 Eligible Employment Related Expenses 2.19 Employee 2.20 Employer 2.21 Enrollment Period 2.22 Entry Date 2.23 Expense" 2.24 Fiduciary 2.25 Flexible Compensation Plan 2.26 Forfeiture 2.27 Highly Compensated Employee 2.28 INCUR/INCIIRRED 2.29 Key Employee 2.30. Medical or Medical Related or Life Premium Reimbursement 2.31 Medical or Medical Related Expense Reimbursement 2.32 Participant 2.33 Plan 2.34 Plan Year 2.35 Qualified Adoption Expenses 236 Qualifying Individual 2.37 Salary Reduction Agreement 238 Salary Reduction Benefits III. Eligibility and Partici ation 3.01 Eligibility Requirements 3.02 Application for Participation 3.03 Age Requirement 3.04 Employees on Effective Date 3.05 New Employees After Effective Date 3.06 Re-Employment of Former Employees 3.07 Determination of Eligibility 3.08 Duration 3.09 Continuation of Coverage 3.10 Incompetency 3.11 FMLA Leaves of Absence 3.12 Non-FMLA Leaves of Absence IV. Contributions 4.01 Employer Contribution 4.02 Salary Reduction Benefits 4.03 Maximum Employer Contributions 4.04 Date of Election 4.05 Unsecured Plan Contributions or Benefits 4.06 Assignment of Contributions 4.07 Unclaimed Accounts 4.08 Interest 4.09 ~ Participation Fee 4.10 Benefit Accounts V. .Election of Available Benefits 5.01 Available Benefits 5.02 .Election Amounts and Procedures 5.03 Failure to Elect 5.04 Effective Periods for Elections 5.05. Nondiscrimination 5.06 Irrevocability of Election by the Participant During the Plan Year 5.07 Salary Reduction 5.08 Prohibited Deposits u VI. Medical or Medical-Related or Life Premium Reimbursement Benefit 6.01 Purpose 6.02 Terms, Conditions, and Limitations 6.03 Method of Payment by Employer 6.04 Intent VII. Medical or Medical-Related Expense Reimbursement Benefit 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 Purpose Medical Expense Reimbursements Medical Expense Limitations Cessation of Employment Claims for Payment Filing of Claim Forfeiture of Unused Benefits Intent VIII. Dependent Care Assistance Benefit 8 O1 Purpose 8.02 Dependent Care Reimbursements 8.03 Election Procedure 8.04 Dependent Care Limitations 8.05 Cessation of Employment 8.06 Forfeiture of Unused Benefits 8.07 Claims for Payment 8.08 Filing a Claim 8.09 Intent IX. .Adoption Assistance Benefit 9.01 Purpose 9.02 ,Adoption Reimbursements 9.03 Election Procedure 9.04 Adoption Assistance Limitations 9.05 Special Rules for Foreign Adoptions 9.06 Claims for Payment 9.07 Filing a Claim 9.08 Discontinuation of Adoption Assistance 9.09 Intent X. Plan Changes and Amendments 10.01 Amendments 10.02 Changes by Administrator XI. Administration 11.01 Plan Administrator 11.02 Appointment of Administrator 11.03 Named Fiduciary iii 11.04 Powers and Duties 11.05 Rules and Decisions 11.06 Facility of Payment 11.07 . Information to be Furnished 11.08 Reasonable Care 11.09 Nondiscriminatory Exercise of Authority 11.10 Indemnification for the Administrator and/or its Representative XII. Claims 12.01 When to File 12.02 Notice of Claim 12.03 Claims Procedures 12.04 Failure to File 12.05 Coordination of Benefits 12.06 Maximum Payable 12.07 Denial Procedures XIII. Participant and Employer Rights 13.01 Non-alienation of Benefits 13.02 Divestment of Benefits 13.03 Nan-diversion - ' 13.04 Discontinuance of Contributions 13.05 Termination of Employment 13.06 Non-guarantee of Employment 13.07 Rights to Employer's Assets 13.08 Limitation of Participant Rights 13.09 Action by Employer 13.10 Representative for Administrator 13.11 Bank Account XIV. Plan Termination 14.01 Plan Termination ' 14.02 Final Distributions 14.03 Employer Right to Terminate 14.04 Employee Right to Terminate XV. Plan 15.01 15.02 15.03 15.04 15.05 15.06 15.07 15.08 'onstruction Taxation Adoption by Related Organizations Uniform Exercise of Powers State Insurance Laws Construction Headings Uniformity Insurer Not a Party iv 15.09 Entire Document 15.10 Severability 15.11 Gender and Number 15.12 Benefits Provided Through Third Parties 15.13 Limitation of Liability 15.14 Rights Against the Employer 15.15 Successor Businesses XVI. Ado tip 'on Agreement 16.01 Establishment of Plan 16.02 Administrator 16.03 Employer's Designated Representative 16.04 Plan Year 16.05 Entry Date 16.06 Salary Reduction Benefits 16.07 Employee Eligibility Requirements 16.08 Regular Employment 16.09 Claims Filing Deadline v ARTICLE I PURPOSE The' "Employer" as referred to in the Adoption section has .adopted this flexible compensation nondeferred compensation. plan, hereinafter referred to as the "Plan", to recognize contributions made to the Plan by its Employees. Its purpose is to provide compensation alternatives for those Employees and their beneficiaries who shall qualify hereunder, and to choose from among several types of benefits. These choices shall include an option to receive certain tax-free benefits in lieu of taxable compensation. The cash option benefit available under the Plan will be treated as taxable compensation to the Participants. Other available benefits are intended to qualify as statutory non-taxable fringe benefits. The intention of the Employer is that the Plan qualify and be construed as a "Cafeteria Plan"'within the meaning of Section 125(d) of the Internal Revenue: Code of 1986, as amended, and that the benefits which an Employee elects to receive under the Plan be eligible for. exclusion from such Employee's gross income to the extent provided by the Code. The Plan is intended to comply with .the applicable provisions ~of the Code and the Employee Retirement Income Security Act of 1974 ("FRIBA"), as amended. Although this Plan is a "Cafeteria. Plan" and has been reduced to writing in order to comply with Section 125, the Plan sha11 also serve as an amendment to certain welfare glans~,presently in effect for the Employer. Thus, to the extent necessary, this legal instrument will serve as an amendment to -each of said welfare plans in order to permit the benefits of this Plan to be fully implemented fox Participants. The Plan will not discriminate in favor of highly. compensated individuals to the extent prohibited by Code Section 125. ARTICLE II DEFINITIONS Unless by the context in this Document a different meaning is clearly indicated whenever used in this Document, the following words have the following meanings: 2.01 Administrator. The Employer. A representative may, be designated by the Employer in the Adoption section to perform certain record-keeping and other functions, but such named representative shall not be the Administrator. 2.02 Adoption. The agreement by the Employer adopting the Plan on which the Employer's selection of options under the Plan shall be set forth. 2.03 Adoption Assistance. The payments by the Employer to reimburse Participants for all or portion of the cost of adopting an Eligible Child. 2.04 Agreement. This Plan Document and all amendments or supplements thereto. 2.05 Allocation. The portion of the Participant's annual Compensation which he has committed to a particular benefit hereunder. 2.06 Beneficiary. Any one or more primary or contingent beneficiaries designated by the Participants to receive any benefits payable under the Plan. 2.07 Benefits. Any benefit provided to a Participant under his or her (a) Medical or Medical-Related or Life Premium Reimbursement benefit, (b) Medical or Medical-Related Expense Reimbursement benefit, (c) Dependent Care Assistance benefit, (d) Adoption Assistance benefit, (e) cash benefit, (f) or other allowable expense reimbursement benefits provided by Employer pursuant to the Plan. 2.08 Code. The Internal Revenue Code of 1986, as amended or replaced' from time to time. Reference to any section or subsection of the Code includes reference to any comparable or succeeding provisions of any legislation which amends, supplements, or replaces such section or subsection. 2.09 Compensation. Compensation shall mean the total compensation actually paid to a 2~articipant by the Employer including overtime pay, scheduled bonuses, and commissions, but excluding expense allowances and all other extraordinary compensation, employer contributions to Social Security, contributions to any retirement plan, or value of any other fringe benefits provided by the Employer. 2.10 Dependent. The term "Dependent" shall have the same meaning as set out in Code Section 152. For purposes of the Dependent Care Assistance benefits of the Plan, "Dependent" means any individual who is (a) a dependent of the Participant who is under the age of 13 and with respect to whom the Participant is entitled to an exemption under Code Section 151(c), or (b) a dependent or the spouse of the Participant who is physically or mentally incapable of caring for himself or herself. 2.11 Dependent Care Assistance. Dependent Care Assistance, within the meaning of Code Section 129, shall mean household and employment related services and expenses. Household services and expenses are those for the care, of a Qualifying Individual within the meaning of Code Section 21(b)(1) which are performed to enable a Participant to remain gainfully employed and which are performed (a) in the home of the Participant; (b) outside the home-of Participant for the care of the Participant's Dependents under the age of 13; (c) outside the home of Participant for a Qualifying Individual described above, who regularly spends at least eight (8) hours a day in the Participant's home; or (iv) outside the home of Participant for the care of a Qualifying Individual as described above, and in a Dependent Care Center; the term "Dependent Care Center" shall have the same meaning as set out in Code Section 21(b)(2)(D). Employment related expenses are those which are considered employment related under Code Section 21(b)(2). 2.12 Dependent Care Expenses.. Dependent Care Expenses mean expenses INCURRED by a Participant which (a) are INCURRED for the care of a Dependent of the Participant or for related household services, (b) are paid or payable to a Dependent Care Service Provider and (c) are .INCURRED to enable the Participant to be gainfiilly employed for any period for which there are one or more Dependents with respect to the 2 Participant. Dependent Care Expenses shall not include expenses INCURRED for services outside the Participant's household for the care of a Dependent unless such Dependent is described in Section 2.10(x) or regularly spends at least eight (8) hours each day in the Participant's household. Dependent Care Expenses shall be deemed to be INCURRED at the time the services to which the expenses relate are rendered. 2.13 Dependent Care Service Provider. Dependent Care Service Provider means a person who provides care or other services described in Section 2.11 above, but shall not include (a) a dependent care center (as defined in Code Section 21(b)(2)(D)), unless the requirements of Code Section 21(b)(2)(C) are satisfied, or (b) a related individual described in Section 129(c) of the Code. 2.14 Earned Income. The meaning provided in Code Section 32(c)(2) which means all income derived from wages, salaries, tips, or other employee compensation (within the meaning of Code Section 1402(a)) paid by the employer to the Participant for the Plan Year. Such income does not include any amounts paid or INCURRED (a) as a pension or annuity, or (b) by the Employer for Dependent Care Assistance to the Participant. 2.15 Effective Date. The date specified in the Adoption section on which the Plan is effective and applicable to the Eligible Employees. 2.16 Election. The election made by a Participant specifying which benefits the Participant has chosen to receive and the amount allocated by the Participant toward the purchase of each such benefit. 2.17 Eligible Child. Any individual (a) who has not attained age 18 or is physically or mentally incapable of caring for himself or herself and, (b) in the case of Qualified Adoption Expenses paid or INCURRED after December 31, 2001, who is a "child with special needs" as defined in Code Section 23(d)(3). 2.18 Eligible Em l~oyment Related Expenses. ~ Expenses INCURRED for the care of a Qualifying Individual which are paid to a person who is not a child (within the meaning of Code Section 151(c)(3)) of the Participant under the.age of 19 at the close of the taxable year. ` 2.19 Employee. Any person currently being compensated by the Employer and, to the extent necessary, a retired or terminated Employee. An "Eligible Employee" is any Employee who has satisfied the eligibility requirements in Section 3.01 and who is entitled to receive benefits under the Plan from time to time, on or after the Effective Date. 2.20 Employer. The Employer named in the Adoption section and any affiliate or subsidiary that, with the consent of the Employer becomes an Employer, by adopting the Plan, or any successor business organization that assumes the obligations of the Employer. 2.21 Enrollment Period. The period, as designated each year by the Employer, immediately preceding the start of the Plan Year. 2.22 Entry Date. The date(s) specified by the Employer in the Adoption section as of which Eligible Employees may become Participants. 2.23 _ Ex ense. Any expense INCURRED by a Participant, the reimbursement of which by the Plan would not be includable in the income of the Participant under any provision of the Code. 2.24 Fiduciarv. The Employer shall be the "Named Fiduciary" and shall be subject to service of process on behalf of the Plan. 2.25 Flexible Compensation Plan. As defined in Code Section 125, shall mean a written plan under which all Participants are Employees, and the Participants have the choice among two or more Benefits. 2.26 Forfeiture. Any amounts remaining in a Participant's account after all valid claims for reimbursement for a given Plan Year shall have been paid. 2.27 Highly Compensated Employee. As defined in Code Section 125(e) for the Benefit described in Arkicle VI; Code Section 105(h) for the Benefits descnbed in Article VII; Code Section 414(q) for the Benefits descnbed in Article VIII. 2.28 "INCUR" or "INCURRED". An expense is INCURRED at the date service is provided. The date of payment or billing is immaterial in determining an expense is INCURRED. 2.29 Key Employee. As defined in Code Section 461(1)(1). 2.30 Medical or Medical-Related or Life Premium Reimbursement. The payments by the Employer to reimburse Participants for medical or medical-related or life premium to the extent provided for in the Participant's signed Salary Reduction Agreement. 2.31 Medical or Medical-Related Expense Reimbursement. The payments by the Employer to reimburse Participants for medical or anedical-related expenses to the extent provided for in the Parkicipant's signed Salary Reduction Agreement. Such payments shall be for expenses INCURRED by a Participant, or by the spouse or Dependent of such Participant, for medical care as defined in Section 213 of the Code (including amounts paid for hospital bills, medical, drug and dental bi1Ls, but only to the extent that the Participant or other person INCURRING the expense is not reimbursed and cannot be reimbursed for the expense through insurance or otherwise (other than unifier the Plan). 2.32 Participant. Any person who has been or is an Employee and who qualifies to participate in this Plan, as provided in Article III. 2.33 Plan. The Plan embodied herein as it may be amended from time to time. 2.34 Plan Year. Commencing on the fast day of the Plan Year as specified in the Adoption section and each anniversary thereof, except that the first Plan Year may include less than twelve (12) consecutive months. 2.35 Qualified Adoption Expenses. As set forth in Code Section 23(d), shall mean the reasonable and necessary adoption fees, court costs, attorney fees, and other expenses that: (a) are directly related to, and the principal purpose which is for, the legal adoption of an Eligible Child by the Participant; (b) are not INCURRED in violation of state or federal law or in carrying out any surrogate parenting arrangement; (c) are not expenses in connection with the adoption of a child who is the child of the Participant's spouse; and (d) are not reimbursed under any other plan or program of the Employer or otherwise. 2.36 Qualifying Individual. As provided in Code Section 21(b)(1): (a) ~ a Dependent of a Participant who is under the age of 13 and with respect to whom the Participant is entitled to an exemption under Code Section 151(c); (b) a Dependent or the spouse of a Participant who is physically or mentally incapable of caring for himself. 2.37 Salarv Reduction Agreement. An agreement between a Participant and the Employer under which the Employer reduces the Participant's current salary and contributes the amount of the reduction to the Plan on behalf of the Participant, as a before-tax contribution. 2.38 Salary Reduction Benefits. Those salary reduction benefits adopted by Employer in the Adoption section. 4 ARTICLE III ELIGIBILITY AND PARTICIPATION 3.01 Eli ig'bility Requirements. Each Employee shall be eligible to participate in this Plan upon meeting the eligibility requirements as set forth in the Adoption section. 3.02 Application for Participation. To become a Participant, an Eligible Employee shall sign any application or agreements as may be required by the Administrator and shall specify his or her election of Salary Reduction Benefits within the prescribed Enrollment Period and before his or her Entry Date. By signing such applications, the Eligible Employee shall be deemed for all purposes to have agreed to participate and to conform to the requirements of the Plan. If the Eligible Employee fails to comply, he or she may only become a Participant as of the beginning of any subsequent Plan Yeaz before which the Participant has completed the necessary acts; provided, however, that the Participant continues to be an Eligible Employee. 3.03 Age Requirement. There will be no minimum or maximum age requirements for participation in the Plan, provided, however, the Employer may set minimum age requirements for particulaz benefits. 3.04 Employees on Effective Date. Each Employee in Regular Employment as set forth in Section 16.09 herein and who was employed by the Employer on .the Effective Date shall be eligible to participate as of the Effective Date: 3.05 New Employees After Effective Date. Each Employee in Regular Employment as set forth in Section 16.09 herein and whose employment by the Employer begins after the Effective Date shall be eligible to participate on the Entry Date following the date of his or her employment. 3.06 Re-employment of Former Employees. A former Employee who is later re-employed by the Employer within 30 days or less of the date of termination of employment will be reinstated with the same election(s) that such individual had before termination. If a former Employee is re-employed more than 30 days following termination of employment and is otherwise eligible to participate in the Plan, the individual may make a new election. 3.07 Determination of Eligibility. The Employer shall determine the eligibility of each Employee for participation in the Plan based on information provided by the Employee or otherwise and such determination shall be conclusive and binding upon all persons. 3.08 Duration. A Participant shall cease to be a Participant for purposes of making salary reduction contributions as of the last complete payroll period preceding the date of a Participant's termination of employment. Except as provided in the following pazagraph, a Participant shall cease to be a Participant for all purposes 90 days after the end of the Plan Year in which eligibility ceases. 3.09 Continuation of Coverage. The Plan provides continuation of health coverage for each Benefit made available under Article V that is considered to be a "group health plan" under Code Section 5000(b)(1) because Employees and their Dependents are provided with health care benefits within the meaning of Code Section 213(d)(1) (including the Medical or Medical-Related Expense Reimbursement Benefit), as said coverage changes from time to time, to qualified beneficiaries who would lose coverage under the Plan by reason of a qualifying event and who elect such coverage and pay the full premium for such coverage as determined by the Employer. Election of such coverage shall be made within the election period specified in Code Section 4980B. Said coverage shall continue for the period of coverage specked in Code Section 4980B. For purposes of this paragraph, the terms' "continuation coverage," "qualified beneficiaries" and "qualifying event" shall have the same meaning as set forth in Code Section 4980B. 3.10 Incompetences Every person receiving or claiming benefits under the Plan shall be presumed to be mentally and physically competent and of the age of majority until the Employer receives a written notice, in a form and manner acceptable to the Employer, that such person is mentally or physically incompetent or a minor, and that a guazdian, conservator, or other person legally vested with the care of his or her estate has been appointed. If, however, the Employer shall find that any person to whom a benefit is payable under the Plan is unable to care for his or her affairs because of any mental or physical incompetency or because he or she is a minor, any payment due (unless a prior claim therefore shall have been made by a duly appointed legal representative of his or her estate) may be paid to the spouse, a child, a pazent, a brother, or sister, a beneficiary, or to any person with whom he or she is residing, or to any other person or institution deemed by the Employer to have INCURRED expense for such person otherwise entitled to payment. In the event a guazdian, conservator, or other person legally vested with the care of the estate of any person receiving or claiming benefits under the Plan shall be appointed by a court of competent jurisdiction, payments shall be made to such guardian or conservator or other person, provided that proper proof of appointment is furnished in a form and manner suitable to the Employer. To the extent permitted by law, any such payment so made shall be a complete discharge of any liability therefore under the Plan. 3.11 FMLA Leaves of Absence. If a Participant goes on a qualifying leave under the Familyand Medical Leave Act of 1993 (FMI,A), to the extent required by the FMLA, the Employer will continue to maintain the Farticipant's Medical and Dental Insurance Benefits and Health FSA Benefits on the same terms and conditions as if the Participant was still active (that is, the Employer will continue to pay its shaze of the premium to the extent the Participant opts to continue coverage). The Employer may elect to continue all Medical and Dental Insurance Benefits and Health FSA Benefits coverage for Participants while they aze on paid leave (so long as Participants on non-FMLA paid leave are required to continue coverage). ,If so, the Participant will pay their share of the premiums by the method normally used during any paid leave (for example, on a pre-tax salary reduction basis of that is what was used before the FMLA leave began). If the Participant is going on unpaid FMLA leave (or paid FMLA leave where coverage is not required to be continued), and the Participant opts to continue their Medical and Dental Insurance Benefits and Health FSA Benefits, then the Participant may pay their share of the premium in one of three ways: (1) with after-tax dollars while~on leave; `~ (2) with pre-tax dollars to the extent the Participant receives compensation during the leave on a pre-tax salary reduction basis out of pre-leave compensation, including unused sick days and vacation days (to pre-pay in advance, the Participant must make a special election before such compensation would normally be available (but note that prepayments with pre-tax dollars may not be used to pay foi coverage during the next Plan Year); or (3) by other arrangements agreed upon between the Participant and the Administrator (for example, the Administrator may pay for coverage during the leave and withhold amounts from the Participant's compensation upon the Participants return from leave). If the Employer requires all Participants to continue Medical and Dental Insurance Benefits and Health FSA Benefits during the unpaid FM~,A leave, the Participant may discontinue paying their share of the required premium until they return from leave. Upon returning from leave the Participant must pay their shaze of any required premiums that they did not pay during the leave. Payment for the Participant's share will be withheld from their compensation either on a pre-tax or after-tax basis, as the Participant and the Administrator may agree. If the Participants Medical or Dental Insurance Benefits or Health FSA Benefits coverage ceases while on FMLA leave (e.g., for non-payment of required contributions), the Participant will be entitled to re-enter such Benefits, as.applicable, upon return from such leave on the same basis as they were participating in the Plan before the leave, or otherwise required by the FMLA. The Participant is entitled to have coverage for such Benefits automatically so long as coverage for Employees on non-FMLA leave is automatically reinstated upon return from leave. But despite the preceding sentence, with regard to Health FSA Benefits, if the Participant's coverage ceased they will be entitled to elect whether to be reinstated in the Health FSA Benefits at the same coverage level as in effect before the FMLA leave (with increased contributions for the remaining period of coverage) or at a coverage level that is reduced pro-rata for the period of FMLA leave during which the Participant did not pay premium. If the Participant elects the pro-rata coverage, the amount withheld from their compensation on apayroll-by-payroll basis for the purpose of paying for reinstated Health FSA Benefits will equal the amount withheld before FMLA leave. 6 If the Participant is commencing or returning from FMLA leave, the election for non-health benefits (such as GTL, AD&D and LTD Insurance Benefits and DCAP Benefits) will be treated in the same way as under the Employer's policy for providing such Benefits for Participants on a non-FMLA leave. If that policy permits Participants to discontinue contributions while on leave, Participants will upon returning from leave be required to repay the premiums not paid by the participant during leave. Payment will be withheld from the Participant's compensation either on a pre-tax or after-tax basis, as maybe agreed upon by the Administrator and the Participant or as the Administrator otherwise deems appropriate. 3.12 Non FMLA Leaves of Absence. If a Participant goes on an unpaid leave of absence that does not affect eligibility, then the Participant will continue to participate and the premium due for the Participant will be paid by pre-payment before going on leave, by after-tax contributions while on leave, or with catch-up contributions after the leave ends, as maybe determined by the Administrator. If a Participant goes on an unpaid leave that affects eligibility, the election change rules in Section 5.06 will apply. To the extent COBRA applies, the Participant may continue coverage under COBRA. 7 ARTICLE IV CONTRIBUTIONS 4.01 Employer Contribution. The Employer shall make such premium payments and pay such reimbursement amounts as the Employer determines, from time to time pursuant to the benefits options selected by the Employer. In addition, the Employer shall contribute to Benefit Accounts (as set forth in Section 4.10} established for each Participant the amounts of salary reduction contributions of said Participant pursuant to Section 4.02. 4.02 Salary Reduction Benefits. The Participant shall agree pursuant to a Salary Reduction Agreement to reduce his or her compensation from the Employer by such amounts as are necessary to provide for those Salary Reducrion Benefits which the Participant has elected pursuant to the provisions of Article V. While on an unpaid leave of absence authorized by the Employer, the Participant may pay to the Employer the amounts necessary to provide for those Salary Reduction Benefits which the Participant has elected pursuant to the provisions of Article V. These amounts shall be paid to the Employer at the times required by the Administrator and shall then be contributed by the Employer on the Employee's behalf. 4.03 Maximum Employer Contributions. The maximum amount of Employer contributions under the Plan for any Participant shall be the sum of the costs from time to time of the most expensive benefits available to the Participant under eligible Plans (including the portion of such costs payable with nonelective company contributions) subject to the benefit maximums as set forth in Section 7.03, Section 8.02 and Section 9.02 herein. 4.04 Date of Election. Subject to a Participant's application for Participation, an election of compensation reduction shall be made by each Participant prior to entering the Plan and during • the Enrollment Period prior to each Plan Year. 4.05 Unsecured Plan Contributions or Benefits. No Participant shall have, by virtue of the Plan, any interest in any specific asset or assets of the Employer. A Participant has only an unsecured contractual right to • ,receive payment in accordance with the Plan. With respect to contributions made to pay insurance premiums, the Employer shall be responsible onlq for the payment of premiums and is not an insurer of benefits. 4.06 Assignment of Contributions. No Participant or any beneficiary of a deceased Participant shall have any power to .sell, assign, transfer, encumber, or in any other manner anticipate or dispose of his interest under the Plan prior to the actual distribution thereof to such Participant or beneficiary. 4.07 Unclaimed Accounts. If the Employer shall be unable, within two years after any amount becomes due and payable from the Plan to a Participant or Beneficiary, to make payment because the identity or whereabouts of such person cannot be ascertained, the Employer may mail a notice by registered mail to the last known address of such person outlining the action described in this Section to be taken unless such person makes written reply to the Employer within sixty (60) days from the mailing of such notice. The Employer may direct that such amount and all further benefits with respect to such person shall be discontinued and all liability for the payment shall terminate; however, in the event of the subsequent reappearance of the Participant or Beneficiary prior to the termination of the Plan, the benefits which were due and payable and which such person missed shall be paid in a single sum and the future benefits due such person shall be reinstated in full. 4.08 Interest. No interest will be credited to or paid on Benefit Account balances. 4.09 Participation Fee. The Employer may require each Participant to pay a monthly participation fee. If so, the Employer may consider each Participant as having automatically authorized the Employer to withhold the fee from the Participant's Compensation beginning with the pay period coincident with the Effective Date. 4.10 Benefit Accounts. The Employer shall establish Benefit Accounts for each Participant to hold all amounts received under Salary Reduction Agreements and not used to directly pay insurance premiums. A Benefit Account is established for each Benefit elected by a Participant and a Participant may elect to establish one or more separate Benefit Accounts. A Participant will designate by application which Benefit Account funds are to be directed. Funds designated for use in one Benefit Account may not be used to satisfy expenses INCURRED for another available Benefit. 9 ARTICLE V ELECTION OF AVAILABLE BENEFITS 5.01 Available Benefits. The only programs under which Benefits are available to Participants pursuant to this Plan are as follows: (a) Medical or Medical-Related or Life Premium Reimbursement Benefit as defined in Article VI. (b) Medical or Medical-Related Expense Reimbursement Benefit as defined in Article VII. (c) Dependent Care Assistance Benefit as defined in Article VIII. (d) Adoption Assistance Benefit as defined in Article IX. 5.02 Election Amounts and Procedures. Subject to the limitations on Benefit amounts contained herein, each Participant shall have available for the payment of Benefits the dollar amount specified on his Salary Reduction ,Agreement. The Participant may elect to purchase any combination of the Salary Reduction Benefits with the dollar amount available. No Participant may elect Salary Reduction Benefits, the cost of which exceeds the available dollar amount (or prior to the Participant's Plan Entry Date). This election must be made prior to the commencement of each Plan Year by each Participant and shall be irrevocable except as provided for in Section 5.06. 5.03 Failure to Elect. A Participant failing to return a completed election form to the Administrator on or before the specified due date for the initial Plan Year of the Plan, or for the Plan Year in which he otherwise first becomes eligible to participate in the Plan, shall be deemed to have elected to receive his full Compensation in cash. A Participant failing to return a completed election form to the Administrator on or before the specified due date for any Plan Year subsequent to the Plan Year during which he first became a Participant shall be deemed not to have elected any Benefits pursuant to Articles VII, VIII or IX for such Plan Year but shall be deemed to have made the same election as was in effect just prior to the end of the preceding Plan Year with respect to Benefits provided pursuant to Article VI. The Participant shall also be deemed`to have agreed to a reduction of his Compensation for the subsequent Plan Year equal to the Participant's shaze of the cost from time to time during such Plan Year of the Article VI Benefits he is deemed to have elected for such Plan Year. 5.04 Effective Periods for Elections. Participants may not carry over any unused Employer contributions or available Benefits from one Plan Year to a subsequent Plan Year, provided however, Participants may make chinas within the time period set forth in Section 16.10 of the Adoption section herein for expenses INCURRED during any Plan Yeaz. Further, Participants may not use any Employer contributions from one Plan Yeaz to purchase any available Benefits that will be provided in a subsequent Plan Year. Any unused contributions shall be forfeited. 5.05 Nondiscrimination. Notwithstanding any provisions of insurance coverage provided for under this Plan and any other provisions of this Plan, this Plan shall not discriminate as to eligibility, contributions, or benefits in favor of Participants who are Highly Compensated Employees or Key Employees. This Plan will also not provide in any Plan Yeaz greater than 25% of the total nontaxable benefits to Key Employees. If a Plan is found to be discriminatory, the Participants who are Highly Compensated or Key Employees shall include discriminatory benefits in their taxable income as required by Code § 125. 5.06 Irrevocability of Election. A Participant's election under this Plan is irrevocable for the duration of the Plan Year to which it relates. In other words, unless one of the exceptions applies; the Participant may not change any elections for the duration of the Plan Yeaz regarding: participation in this Plan; • salary reduction amounts; or • election of particulaz component plan benefits. The exceptions to the irrevocability requirement, which would permit a Participant to make amid-yeaz election change in benefits andJor salary reduction amounts are as follows: 10 (a) Change in Status is any of the events described below, as well as any other events included under subsequent changes to Code § 125 or regulations issued under Code § 125 that the Plan Administrator (in its sole discretion) decides to recognize on a uniform and consistent basis: Legal Marital Status: A change in a Partioipant's legal marital status, including marriage, death of a spouse, divorce, legal separation or annulment; Number of Dependents: Events that change a Participant's number of tax Dependents (as defined in Code Section 152), including birth, death, adoption, and placement for adoption; Change in Employment,Status: Any change in employment status of the Participant, the Participant's Spouse or the Participant's Dependents that affects the benefit eligibility under a cafeteria plan or other employee benefit plan of the employer of the Participant, the spouse, or Dependents, such as: termination or commencement of employment, a strike or lockout, a commencement of or return from an unpaid leave of absence, a change in worksite, switching from salaried to hourly-paid or union to non-union or vice versa, incurring a reduction or increase in hours of employment (e.g., going from part-time to full-time), or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit. Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as due to attaining a specified age, getting married, or ceasing to be a student; Change in Residence: A change in the place of residence of the Participant, the Participant's Spouse or the Participant's Dependent. A Participant may change or terminate his or her election under the Plan upon the occurrence of a Change in Status, but only if such change or termination is made on account of and corresponds with a Change in Status that affects coverage eligibility of a Participant, a Participant's Spouse, or a Participant's Dependent (referred to as the general consistency requirement.) The Plan Administrator (in its sole discretion) shall determine, based on prevailing IRS guidance; whether a requested change is on account of and corresponds with a Change in Status. Assuming that the general consistency requirement is satisfied, a requested change must also satisfy the following specific consistency requirements in order for a Participant to be able to alter his or her election based on that change. (1) Loss of Dependent Eligibility. For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or a Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverages, a Participant may only elect to cancel accident or health insurance coverage for the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances would fail to correspond with that Change in Status. Notwithstanding the foregoing, if the Participant's Spouse (not ex-spouse) or the Participant's Dependent becomes eligible for COBRA (or similar health plan continuation coverage under state law) under the Employer's Plan, the Participant may increase his election to pay for such coverage. (2) Gain of Coverage Eligibility Under Another Employer s Plan. For a Change in Status in which a Participant, a Participant's Spouse, or a Participant's Dependent gains eligibility for coverage under this Employer's plan or another employer's cafeteria plan (or another employer's qualified benefit plan) as a result of a change in marital status or a change in employment status, a Participant may elect to cease or decrease coverage for that individual only if coverage for that individual becomes effective or is increased under the other employer's plan. (3) Dependent Care Expense Reimbursement Bene, fits. R7ith respect to the Dependent Care Expense Reimbursement benefit plans, a Participant may change or terminate his or her election only if (i) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under an employer's plan; or (ii) the election change is on account of and corresponds with a Change in Status that affects eligx'bility of dependent care expenses for the tax exclusion available under Code § 129. 11 (4) Group Term Life Insurance and Accidental Death & Dismemberment. For any Change in Status (disregarding the requirement that the event cause a loss or gain of eligibility), a Participant may elect either to increase or to decrease group term life insurance coverage offered under the Plan. (b) HIPAA Special Enrollment Rights: If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to special enrollment rights under a group health plan, as required by Code §9801(f), and medical coverage was declined under the group health plan because of outside medical coverage and eligibility for such coverage is subsequently lost due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of the maximum COBRA period, or if a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption, then a Participant may revoke a prior election for health or accident coverage and make a new election (including salary reduction election), provided that the election corresponds with such special enrollment right. For purposes of this provision, (1) an election to add previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child shall be considered to be consistent with the special enrollment right; and (2) a HIPAA special enrollment election attributable to the birth or adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective retroactively (up to 30 days). (c) Certain Judgments, Decrees and Orders. If a judgment, decree, or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order) requires accident or health coverage for a Participant's Dependent child (including a foster child who is a Dependent of the Participant), a Participant may: (1) change his or her election to provide coverage for the Dependent child (provided that the order requires the Participant to provide coverage); or (2) change his or her election to revoke coverage for the Dependent child if the order requires that another individual (including the Participant's Spouse or former Spouse} provide coverage under that individual's plan provided other coverage is actually procured. (d) Medicare and Medicaid If a Participant, a Participant's Spouse, or a Participant's Dependent who is enrolled in a health or accident benefit under this Plan becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may prospectively reduce or cancel the health or accident coverage of the person becoming entitled to Medicaze or Medicaid. Further, if a Participant, a Participant's Spouse, or a Participant's Dependent who:has been entitled to Medicare or Medicaid loses eligibility for such coverage, then the Participant may prospectively elect to commence or increase the health or accident coverage. (e) Change in Cost: (These rules do not apply to health care flexible spending accounts under Article VII.) (1) Automatic Increase or Decrease for Insigneant Cost Changes. If the cost of a Benefit Plan or Policy increases or decreases during a Plan Yeaz by an insignificant amount, then the Pretax Contributions or Aftertax Contributions (as applicable) under each affected Participant's election shall be prospectively increased or decreased to reflect such change. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this prospective increase or decrease in affected employees' elective contributions in accordance with such cost changes. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IIZS guidance, whether increases or decreases in costs are "insignificant" based upon all the surrounding facts and circumstances (including, but not limited to, the dollaz amount or percentage of the cost change). (2) Sign cant Cost Increases/Decreases. If the Plaa Administrator determines that the cost of a Participant's Benefit Plan(s) or Policy(ies) significantly increases during a Plan Year, the Participant may eithermake a corresponding prospective increase in his or her contributions, or revoke his or her election, and in lieu thereof, receive coverage under another Plan option which provides similar coverage, or can drop coverage if no similaz. coverage is available. If the Plan Administrator determines that the cost of a Participant's Benefit Plan(s) or Policy(ies) significantly decreases during a Plan Year, the participant may revoke his or her election, and in lieu thereof, receive coverage under the decreased Plan option which provides similaz coverage. In the event of a decrease, Participants who were not previously enrolled could elect the decreased Plan option. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a cost increase is significant and what constitutes "similar coverage" based upon all the surrounding facts and circumstances. 12 (3) Limitation an Change in Cost Provisions for Dependent Care Expense Reimbursement. The above "Change in Cost" provisions apply to Dependent Care Expense Reimbursement only if the cost change is imposed by a dependent care provider who is not a "relative" of the employee by blood or marriage (as that term is defined in Proposed Treas. Reg. § 1.125-4(f)(2)(iii) or other IRS guidance). (f) Change in Coverage. (These rules do not apply to health care flexible spending accounts under Article VII.) (1) Sign cant Curtailment. If the Plan Administrator determines that a Participant Benefit Plan or Policy coverage under this Plan is significantly curtailed during a Plan Year, the Participant may revoke his or her election under the Plan. In that case, each affected Participant may prospectively elect coverage under another Benefit Plan or Policy option which provides similar coverage but cannot drop coverage. If the Plan Administrator determines that a Participant Benefit Plan or Policy coverage under this Plan is significantly curtailed that results in a loss of coverage, the Participant may elect coverage under another. Benefit Plan or Policy option which provides similar coverage, or can drop coverage if no other similar option is available. Coverage under an accident or health plan is deemed "significantly curtailed" only if there is an overall reduction in coverage provided to Participants under the Plan so as to constitute reduced coverage to Participants in general. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IlZS guidance, whether a curtailment is "significant," and whether a substitute Benefit Plan or Policy constitutes "similar coverage" based upon all the surrounding facts and circumstances. (2) Addition or Sign cant Improvement afBenefit Package Option. If, during a Plan Year, the Plan adds a benefit or significantly improves an existing benefit plan, an affected Participant may revoke his or her election and make a new election on a prospective basis for coverage under the new or improved benefit plan. Participants who previously waived coverage may elect to participate in the new or improved benefit plan. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether there has been a "significant improvement" in a benefit plan. (3) Change in Coverage of Spouse or Dependent Under Their Employer s Plan. A Participant may make a prospective election change that is on account of and corresponds with a change made under any employer plan (including the plan or the Spouse's, former Spouse's, or Dependent's employer), so long as (a) the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's, or Dependent's employer permits its participants to make an election change that would bepermittedunder-IRS regulations; or (b) the Plan permits Participants to make an election for a Plan Year period of coverage which is different from the plan year period of coverage under the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's or Dependent's employer. The Plan Administrator shall determine, based on prevailing IR5 guidance, whether a requested change is on account of and corresponds with. a change made under the plan of the Spouse's, former Spouse's, or Dependent's employer. A Participant entitled to make a new election under this Section must do so within 30 days of the event. An Employee who is eligible to elect benefits but declined to do so during the initial election period, or during a subsequent open enrollment period, may file a pretax contribution election change within 30 days of the occurrence of an event described in this section, but only if the election under the new salary'reduction agreement is made on account of and corresponds with the event. Subject 'to the provisions of the underlying group health plan, elections made to add medical coverage for a newborn or newly adopted Dependent child pursuant to a HIPAA special enrollment right may be retroactive for up 'to 30 days. All other new elections shall be effective prospectively immediately following the date the Participant files his new salary reduction agreement with the Plan Administrator. Elections made pursuant to this Section shall be effective for the balance of the Plan Year in which the election is made unless a subsequent event (described above) allows a further election change. 5.07 Salary Reduction. By participating in the Plan, each Participant agrees to have his annual Compensation reduced by the cost of the Benefits selected by him under the Plan according to the signed Salary Reduction Agreement and any participation fee the Administrator may elect pursuant to Section 4.09. 13 5.08 Prohibited Deposits. Participants shall not be permitted to deposit their own after-tax dollars into the Benefit Accounts except to the extent specifically provided herein. 14 ARTICLE VI MEDICAL ORMEDICAL-RELATED OR LIFE PREMIUM REIMBURSEMENT BENEFTT 6.01 ose. This Benefit provides payments by the Employer to reimburse Participants for medical, or medical-related, or life insurance premium to the extent provided on the Salary Reduction Agreement. This may include medical, dental, cancer, long-term disability, group term life, accidental death and disability insurance, and loss of time to the extent elected in Article XVI, Adoption Agreement. If there is a change in the cost of a particular type of coverage selected by a Participant, the Participant's election shall automatically be adjusted to reflect such change. Except as permitted in Section 5.06, however, a Participant will not be permitted to change coverages during a Plan Year because of a change in the cost of coverages. 6.02 Terms. Conditions. and Limitations. For purposes of this Plan, medical or medical-related insurance premium shall include the costs of accident and health insurance, including medical and hospitalization insurance, dental insurance, vision and/or disability insurance. Medical and group term life insurance premiums of a Participant (or any Dependent) shall include those INCURRED with respect to the Participant, the spouse of a Participant, and any dependent children of a Participant. There shall be no reimbursement by the Plan for an expense to the extent other reimbursement is available for such expense. 6.03 Method of Pavment b~m~loyer. The Employer will pay the group premiums due on behalf of the Participant directly to the insurance company or other appropriate billing entity. This payment administratively shall be construed as: (a) A reduction of Compensation of the Employee; and (b) A payment made to an insurance company or other appropriate billing entity by the Employer. 6.04 Intent. This Plan and the benefits provided by this Article VI are intended to comply with the provisions of Code Sections 74, 105, 106, and, therefore, will be deemed to be automatically amended to comply with all appropriate regulations to these parts, issued by any appropriate government agency as of the. effective date of each such regulation, unless the Employer instead elects to terminate the Plan following issuance of new regulations. 15 ARTICLE VII MEDICAL ORMEDICAL-RELATED EXPENSE REIMBURSEMENT BENEFIT 7.01 Pu ose. This benefit provides payments by the Employer to reimburse Participants for medical or medical-related expenses. 7.02 Medical Expense Reimbursements. The Employer shall reimburse each Participant for all expense INCURRED by such Participant for the medical care (as defined in Code Section 213(d)(1)) of such Participant and of such Participant's spouse and Dependents. 7.03 Medical Expense Limitations. (a) The maximum amount of Medical Expense Reimbursements which any Participant may elect to receive in a Plan Year shall be as set forth in the Salary Reduction Agreement, but shall not exceed in any event the amount set forth in Section 16.06 of the Adoption section herein per year. (b) Reimbursement or payment of these benefits shall be made by the Employer only in the event and to the extent that such reimbursement or payment is: (i) not provided for under any insurance policy, whether the premium on such policy is paid by the Employer or the individual Participant, or (ii) not provided for or reimbursable under any other plan or policy. (c) The Employer shall not be required to pay any Medical Expense Reimbursement amounts in excess of that amount established by the Plan's maximum contribution provisions or the Participants Salary Reduction Agreement. Upon receipt of due proof of loss and that such loss has not been reimbursed and is not reimbursable from any other source, the Employer may advance an amount equal to the Participant's elected annual contribution less any contributions made to or on behalf of the Participant from the Participant's Benefit Account for such reimbursement for the Plan Year. (d) The benefits provided under this Article shall not discri*n+~ate in favor of Highly Compensated individuals either as to eligibility to participate or as to provided benefits in that all Participants may elect these benefits and all Participants will be reimbursed for the same category of benefits. 7.04 Cessation of Emvloyment. If a Participant ceases to be an Employee, such Participant shall be entitled to continue receiving ,benefits to the extent of the plan balance (total plan year election less prior reimbursements) amount remaining in ~ the Participant's Medical or Medical-Related Expense Reimbursement Benefit Account for the Plan Year during' which his employment terminated. 7.05 Claims for Pavment. The Participant may incur medical expenses and then submit to the Administrator proof of such expenses. It is not necessary that the Participant actually pay an expense prior to being reimbursed for it. The Employer will not pay the applicable amounts directly to the service provider in lieu of reimbursement to Participant. The Participant shall provide such information and verification at such times and in such manner as required by the Administrator. 7.06 Filing of Claim. To secure reimbursement for eligible medical expenses, a Participant shall submit appropriate documentation and a signed Request for Reimbursement in a form provided by the Administrator evidencing that the claim has actually been INCURRED during the Plan Year. Application. for such expense reimbursement may be made at any time during the Plan Year in which the expense was INCURRED and within the first 90 days of the succeeding Plan Yeaz. 7.07 Forfeiture of Unused Benefits. If, following the final payment of reimbursement benefits for eligible expenses INCURRED during the Plan Year, any amount remains in a Participant's Medical Expense Reimbursement Benefit Account for that Plan Year, the Participant shall forfeit such amount and shall have no further claim thereto. _All forfeitures under this Plan shall be used to offset any losses experienced by the Employer during the Plan Year as a result of making reimbursements (i.e., providing benefits) with 16 respect to any Participant in excess of the premiums paid by such Participant via salary reductions, and then to reduce the Employer's cost of administering this Plan during the Plan. Yeaz. All such administrative costs shall be documented by the Administrator. 7.08 Intent. This Plan and the benefits provided by this Article VII are intended to comply with the provisions of Code Sections 105 and 106 and, therefore, will be deemed to be automatically amended to comply with all appropriate regulations to these parts, issued by any appropriate government agency as of the effective date of each such regulation, unless the Employer instead elects to terminate the Plan following issuance of new regulations. 17 ARTICLE VIII DEPENDENT CARE ASSISTANCE BENEFIT 8.01 ose. This benefit provides payment by the Employer to reimburse Participants for Dependent Care Assistance. 8.02 Dependent Caze Reimbursements. The Employer shall reimburse each Participant for expenses INCURRED by such Participant for Dependent Care Assistance, subject to the maximum benefit which the Participant may receive in any Plan Year which shall be the lesser of (a) the Participant's earned income for the Plan Year (after all reductions in Compensation including the reduction related to Dependent Care Assistance),or (b) the actual or deemed earned income of the Participant's spouse for the Plan Year. In the case of a spouse who is a full-time student at an educational institution or is physically or mentally incapable of caring for himself, such spouse shall be deemed to have earned income of not less than $200 per month if the Participant has one Dependent and $400 per month if the Participant has two or more Dependents. In any case,. the maximum benefit amount shall not exceed $5,000 per year. 8.03 Election Procedure. A Participant may elect to receive Dependent Care Assistance under this Plan by filing a Request for Reimbursement form in accordance with the procedures established in this Plan. Except as otherwise provided in Section 5.06, an election to receive Dependent Care Assistance shall be irrevocable during the Plan Yeaz for which the election is made. 8.04 Dependent Caze Limitations. (a) The Employer shall not be required to pay any Dependent Care Assistance in excess of that amount previously contn"buted and not previously paid out on behalf of a Participant during the Plan Yeaz. (b) Payment of Dependent Care Assistance shall be made by Employer only to the extent that such amounts have not been previously claimed as a credit by Participant. (c) The benefits provided under this Article VIII shall not discriminate within the meaning of Code Section 129(d). No more than. twenty-five percent (2S%) of the total benefits paid by the Employer for Dependent Care Assistance during any Plan Yeaz may be paid to Participants who own, directly or indirectly, more than five percent (S%) of the stock of the Employer on any day during the Plari Yeaz or to Participants who are spouses or Dependents of any individual with such stock ownership. If the Administrator believes that this twenty-five percent (25%) limit maybe exceeded, it may, arbitrarily and in its absolute discretion, limit the amount of Dependent Care Assistance benefits that may be paid to such Participants, so that the limit will _ _ not be exceeded; provided that any such limitation imposed by the Administrator shall apply on a uniform basis pursuant to rules applicable equally to all Participants who are members of the prohibited group. 8.05 Cessation of Employment. If a Participant ceases to be an Employee, such Participant shall be entitled to continue receiving benefits to the extent of the cash balance (year-to-date contributions less prior reimbursements) amount remaining in the Participant's Dependent Care Assistance Benefit Account for the Plan Year during which his employment terminated. 8.06 Forfeiture of Unused Benefits. If, following the final payment of reimbursement benefits for eligible expenses INCURRED during the Plan Year, any amount remains in a Participant's Dependent Care Assistance Benefit Account for that Plan Year, the Participant shall forfeit such amount and shall have no further claim thereto. All forfeitures under this Plan shall be used to reduce the Employer's cost of administering this Plan during the Plan Year. All such administrative costs shall be documented by the Administrator. - 8.07 Claims for Payment. The Participant may incur expenses for Dependent Caze Assistance and then submit to the Administrator proof of such expenses. It is not necessary that the Participant actually pay an expense prior to being reimbursed for it. The Employer will not pay such Dependent Caze Assistance directly to the service provider in lieu of reimbursement to the Participant. The Participant shall provide such information and verification at such times and in such manner as required by the Administrator. 18 8.08 Filing A Claim. To secure reimbursement for eligible dependent care a Participant shall submit appropriate documentation and a signed Request for Reimbursement in a form provided by the Administrator evidencing that the claim has actually been INCIRRED during the Plan Year. Application for such expense reimbursement may be made at any time during the Plan Year in which the expense was INCURRED and within the first 90 days of the succeeding Plan Year. 8.09 Intent. This Plan and the benefits provided by this Article VIII are intended to comply with the provisions of Code Section 129 and, therefore, will be deemed to be automatically amended to comply with all appropriate regulations to these parts, issued by any appropriate government agency as of the effective date of each such regulation, unless the Employer instead elects to terminate the Plan following issuance of new regulations. 19 ARTICLE IX ADOPTION ASSISTANCE BENEFIT 9.01 ose. This benefit provides payment by the Employer to reimburse Participants for Adoption Assistance. 9.02 Adoption Reimbursement. The Employer shall reimburse each Participant for Qualified Adoption Expenses INCURRED by such Participant for Adoption Assistance, subject to a maximum benefit of $10,160 which the Participant may receive under this Plan for the adoption of any one Eligible Child. 9.03 Election Procedure. A Participant may elect to receive Adoption Assistance under this Plan by filing a Request for Reimbursement form in accordance with the procedures established in this Plan. 9.04 Adoption Assistance Limitations. Adoption Assistance benefits pursuant to this Article IX aze limited as follows: (a) No more than five percent (5%) of the amounts paid or INCURRED by the Employer under this Plan for any Plan Yeaz may be provided for the class of individuals who are shazeholders or owners (or such individuals' spouses or Dependents), each of whom on any day of the calendaz year owns more than five percent 5%) of the stock of the Employer (5% of the capital or profits interest in the case of an unincorporated trade or business). (b) Pursuant to Code Section 137(b)(2), the amount excludable [i.e. $10,160] from a Participant's gross income with respect to Adoption Assistance benefits for any Plan Year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount so excludable as (i) the amount, if any, by which the Participant's adjusted gross income exceeds $152,390 bears to '(ii) $40,000. For purposes of this provision, adjusted gross income shall be determined without regazd to Code Sections 137, 911, 931 and 933 and after the application of Code Sections 86, 135; 219 and 469. The foregoing amounts shall be adjusted for inflation in accordance with Code Section 137(f). 9.05 Special Rules for Foreign Adoptions. In the case of the adoption of an Eligible Child who is not a citizen or resident of the United States when adoption proceedings begin, a special rule applies. Although the Employer will reimburse Qualified Adoption Expenses for a foreign adoption under the same terms and conditions that apply to a domestic adoption, the law does not permit a Participant receiving such assistance in connection with a foreign adoption to exclude it from his or her income until the taxable year in which the adoption becomes final. -Accordingly, any amounts paid by the Employer in a yeaz before the year an adoption is final must be included in the Participant's income for that year, which would require the Participant to make an appropriate adjustment on his or her federal Form 1040. ~ If the adoption in fact becomes final before January 1, 2002, the Participant may then claim the exclusion in that taxable yeaz by making another adjustment on his or her federal Form 1040 for that year. Making any necessary adjustments to income in the case of a foreign adoption shall be the Participant's sole responsibility. 9.06 Claims for Payment. The Participant may incur expenses for Adoption Assistance and then submit to the Administrator proof of such expenses. It is not necessary that the Participant actually pay an expense prior to being reimbursed for it. The Employer will not pay such Adoption Assistance dvrectly to the service provider in lieu of reimbursement to the Participant. The Participant shall provide such. information and verification at such times and in such manner as required by the Administrator. 9.07 Filing a Claim. To secure reimbursement for eligible expenses covered in whole or in part under the program, a Participant should submit appropriate documentation and a signed Request for Reimbursement in a form provided by the Administrator setting forth the expense. 4.08 Intent. This Plan and the benefits provided by this Article IX are intended to comply with the provisions of Code Section 137 and, therefore, will be deemed to be automatically amended to comply with all appropriate regulations to these parts, issued by any appropriate government agency as of the effective date of each such regulation, unless the Employer instead elects to terminate the Plan following issuance of new regulations. 20 ARTICLE X PLAN CHANGES AND AMENDMENTS 10.01 Amendments. The Employer reserves the right to make from time to time any amendment or amendments to this Plan; and the Employer expressly may make any amendment it determines necessary or desirable with or without retroactive effect to comply with the law. 10.02 Changes by Administrator. If the Administrator determines, before or during any Plan Year, that the Plan may fail to satisfy for such Plan Year any nondiscrimination requirement imposed by the Code or any limitation on benefits provided to Key Employees or Highly Compensated Employees, the Administrator shall take such action as the Administrator deems appropriate, under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirement or. limitation. Such action may include, without limitation, a modification of elections by Highly Compensated Employees or Key Employees with or without the.consent of such Employees. 21 ARTICLE XI ADMINISTRATION 11.01 Plan Administrator. The administration of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out, in accordance with its terms, for the exclusive benefit of persons entitled to participate in the Plan without discrimination among them. ,11.02 Appointment of Administrator. The Plan shall be administered by the Employer as named in the Adoption section. The Employer has the power to appoint a representative or agent for purposes of carrying out or assisting it, in whole or in part, with its administrative duties, and all Participants shall be notified of any change in the person(s) serving as Administrator or their designated representative. All usual and reasonable expenses of any such representative or agent may be paid in whole or in part by the Employer. Any expenses not paid by the Employer shall not be the responsibility of the representative personally. 11.03 Named Fiduciarv. The Administrator is the Named Fiduciary and under no circumstances shall PayFlex be deemed or considered the Named Fiduciary under the Plan. 11.04 Powers and Duties. The Administrator shall have the power and duty to do all things necessary or convenient to effect the intent and purposes of this Plan and not inconsistent with any of the provisions hereof whether or not such powers and duties are specifically set forth herein. Not in limitation, but in amplification of the foregoing, the Employer shall. have power to: (a) Provide rules and regulations for the administration of the Plan, and from time to time, to amend or supplement such rules and regulations. (b) Construe the Plan for which construction shall be final and binding. (c) Correct any defect, supply any omission, or reconcile any inconsistency in the Plan in such a manner and to such extent as it shall be deemed expedient to carry the Plan into effect. (d) Determine all questions that may arise under the Plan including questions submitted by a Participant. (e) The Plan Administrator shall perform the duties and exercise the powers and discretion given to it by this Section 11.04 and its decisions and actions shall be final and conclusive as to all persons affected therein. (f) Any and all disputes which may arise involving Participants, former Participants, or Beneficiaries, shall be referred to the Plan Administrator and its decision shall be final. Furthermore, if any question arises as to the meaning, interpretation or application of any provision hereof, the decision of the Plan Administrator with respect thereto shall be final. (g) At its own expense, the Plan Administrator may engage a representative to assist it. The Administrator shall have the sole responsibility for the administration of the Plan as is specifically described in this Plan. The designated representatives of the Administrator shall have only those specific powers, duties, responsibilities, and obligations specifically given to them by the Administrator. 11.05 Rules and Decisions. Except as otherwise specifically provided in the Plan, the Administrator may adopt such rules and procedures as it deems necessary, desirable, or appropriate. All rules and decisions of the Plan Administrator shall be uniformly and consistently applied to all Participants in similar circumstances. When making a determination or calculation, the Administrator shall be entitled to rely upon information furnished by a Participant. 22 11.06 Facility of Pa, ent. Whenever, in the Administrator's opinion, a Participant entitled to receive any payment of benefit hereunder is under legal disability or is incapacitated in any way so as to be unable to manage his personal financial affairs, the Administrator may make payments to the Participant`s legal representative, relative, or friend for the Participant's benefit. Further, the Administrator may apply the payment for the benefit of such Participant in such manner as .the Administrator considers advisable. Any. payment of a benefit or installment thereof in accordance with the provisions of this document shall be a complete dischazge of any liability for the making of such payment under the provisions of the Plan. 11.07 Information to be Furnished. Participants shall provide the Employer with such information and evidence, and shall sign such documents, as may reasonably be requested from time to time for the purpose of administration of the Plan. - 11.08 Reasonable Caze. The Administrator shall use reasonable care and diligence in the exercise of its powers and the performance of its duties hereunder. 11.09 Nondiscriminatory Exercise of Authority. Whenever, in the administration of the Plan, any discretionary action by the Administrator is required, the Administrator shall exercise its authority in a nondiscriminatory manner so that all persons sirnilazly situated will receive substantially the same treatment. 11.10 Indemnification for the Administrator and/or its Representative. The Administrator and/or its representative or agent shall be indemnified by the Employer against any and all liabilities arising by reason of any act or failure to act made in good faith pursuant to the provisions of the Plan including expenses reasonably ]NGURRED in the defense of any claim relating thereto. 11.11 Use and Disclosure of Protected Health Information. The Plan Administrator may use and disclose Protected Health Information (PHI) to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 {HHIPAA). Specifically, the Plan will use and disclose PHI for purposes related to or to facilitate health care treatment or services by providers, payment for health care treatment or services Participants receive from health caze providers, and to carry out necessary health caze plan operations. Payment includes activities undertaken by the Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of plan benefits that relate to an individual to whom health care is provided: - Health Care Operations includes business planning and development, conducting or arranging for auditing functions and activities related to renewal of a contract for health benefits. Also included are business management and general administrative activities relating to the implementation of and compliance with HIPAA's administrative simplification requirements, or customer service, including the provision of data analysis for plan, sponsors, resolution of grievances and due diligence in connection with the sale or transfer of assets to a potential successor. The Plan will use and disclose PHI as required by law and as permitted by authorization of the Participant or Beneficiary. With an authorization, the Plan will disclose PHI to other health benefit plans of the Plan Sponsor for purposes related to administration of the Plan. The Plan will disclose PHI to the Plan Sponsor only upon request of a certification from the Plan Sponsor that the plan documents have been amended to incorporate the following provisions. With respect to PHI, the Plan Sponsor agrees to: • Not use or further disclose PHI other than as permitted or required by the plan document or as required bylaw; • Ensure that any agents, including a subcontractor, to whom the Plan Sponsor.provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Plan Sponsor with respect to such PHI; • Not use or disclose PHI for employment-related actions and decision unless authorized by an individual; • Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Plan Sponsor unless authorized by an individual; • Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which it becomes aware; • Make PHI available for amendment and incorporate any amendments to PHI in accordance with HII'AA; 23 Make available the information required to provide an accounting of disclosures; Make internal practices, books and records relating to the use and disclosure of PHI received from the Plan available to the HHS Secretary for the purposes of determining the Plan's compliance with HIPAA; and If feasible, return or destroy all PHI received from the Plan that the Plan Sponsor still maintains in any form, or retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible). In accordance with HIPAA, only designated employees of the Employer may be given access to PHI. This will include the Benefits Manager and staff designated by the manager. These designated employees may only have access to and use and disclose PHI for plan administration functions that the Plan Sponsor performs for the Plan. If the persons described do not comply with this Plan Document, the Plan Sponsor shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. 24 ARTICLE XII CLAIMS 12.01 When to File. Claims should be filed as soon as the Participant or eligible dependent incurs an eligible expense. 12.02 Notice of Claim. The Participant must complete and sign a "Request for Reimbursement" form for all claims for benefits submitted to the Plan. This form is available, upon request, from the Administrator. The completed form(s) should then be delivered to the Administrator for processing. 12.03 Claims Procedures. .The Plan Administrator will process the Participant's "Request for Reimbursement" form,. compute benefits due and issue a payment, if appropriate, to the Participant. The Plan Administrator shall make all determinations of expense eligibility and fund availability, based on the Participant's Benefit Account available balance(s) under the Plan. Such determination will be made no later than 30 days after receipt of the claim form, except in special circumstances (such as the need to obtain further information) but in no case more than 60 days after the receipt of the claim. The Plan Administrator may require the Participant to provide additional information and complete appropriate documents or forms for the proper administration of a claim. 12.04 Failure to File. If the Participant fails to file a claim for benefits within the time period set forth in Section 16.10 of the Adoption section herein., the Employer may take whatever steps necessary and proper to dispose of the Participant's potential benefits under the Plan. 12.05 Coordination of Benefits. It is the responsibility of the Participant to make certain that claimed expenses have not been previously reimbursed by this or any other benefit plan, and will not be claimed as an income tax deduction by the Participant. 12.06 Maximum Payable. The benefit payable may not exceed the Plan's maximum contribution provisions or an amount equal to the Participant's elected annual contribution less any distribution made to or on behalf of the Participant from the Participant's applicable Benefit Account for the Plan Year. 12.07 Denial Procedures. The Administrator will provide adequate notice in writing to any Participant or Beneficiary whose claim for benefits under the Plan has been denied, stating the specific reasons for the denial. The Participant or Beneficiary will be given an opportunity for a full and fair review of the decision denying' the claim. The Participant or Beneficiary has 1'80 days from receipt of the notice denying such claim to request a review. 25 ARTICLE XIII PARTICIPANT AND EMPLOYER RIGHTS 13:01 Non-alienation of Benefits. Benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any such liability which is for alimony or other payments for.the support of a spouse or former spouse, or for any other relative of the Participant, prior to actually being received by the person entitled to the benefit under the terms of the Plan; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to benefits payable under the Plan shall be void. The Employer shall not in any manner be made liable for or subject to the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits under the Plan. 13.02 Divestment of Benefits. Subject only to the specific provisions of this Plan, nothing shall be deemed to divest a Participant of a right to the benefit to which the Participant becomes entitled in accordance with the provisions of this Plan. 13.03 Non-diversion. Regardless o£anything contained in the Plan, as now expressed or hereafter amended, no part of a Participant's Benefit Account(s) shall be used for or diverted to any purpose not for the exclusive benefit of the Participant or the Participant's Beneficiaries at any time prior to the satisfaction of all rights and liabilities, fixed and contingent, with respect to the Participants or the .Participant's Beneficiaries hereunder, either by the operation, amendment, revocation, or termination of the Plan. No part of a Participant's Benefit Account(s) shall be paid, distributed or made available to the Participant at any time, except as expressly provided by the Plan. 13.04 Discontinuance of Contributions. In the event of a permanent discontinuance of contributions to the Plan, all Participants shall receive any and all benefits to which they were entitled as of the date the discontinuance of contributions occurred, to the extent of the assets of the Plan. 13.05 Termination of Employment. In the event a Participant terminates employment and thereby permanently discontinues contributions to the Plan, the Participant shall nevertheless be entitled to any and all benefits to which that Participant by virtue of his or her status as a former Employee is entitled subject to. the provisions of the Plan. 13.06 Non-guarantee of Employment Nothing contained in this Plan shall be construed as a contract of employment between the Employer and any Employee, or as a right of any Employee to be continued in the employment of the Employer, or as limitation of the right of the Employer to discharge any of its Employees, with or without cause. 13.07 Rights to Employer's Assets. No Employee, Participant, or Beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under this Plan; and then only to the extent of the benefits payable under the Plan to such Employee, Participant, or Beneficiary. All payments of benefits as provided for in this Plan shall be made solely out of the assets of the Employer, the Benefit Accounts, and the insurance policies providing benefits. 13.08 Limitation of Participant Rights. Neither the establishment of the Plan nor any amendment thereof, nor the payment of any benefits, will be construed as giving to any Participant or other person any legal or equitable right against the Employer, Administrator, or its representative or agent, except as provided herein. 13.09 Action by Employer. Except as otherwise provided in the Plan, any action by the Employer under this Plan may be by resolution of its Board of Directors or owner(s) or by any person or persons duly authorized by said Board or owner(s) to take such action. 13.10 Representative for Administrator. Regardless of who the Administrator designates as its representative or agent, the Employer, as Administrator, shall have the sole fiduciary responsibility for the administration of the Plan, which responsibility is specifically designated in the Plan. 26 13.11. Bank Account. The Administrator or its designated representative or agent is hereby authorized on behalf of Employer to: (a) Establish a bank account at any commercial bank whose deposits are insured by the Federal Deposit Insurance Corporation,, (b) Endorse for deposit checks and drafts!,to the Employer's bank account as established by the Administrator. (c) Issue checks, drafts, or other orders foir payment, withdrawal, or transfer of funds drawn on the Employer's bank account established by the Administrator. ~~ 27 ARTICLE XIV PLAN TERMIl~TATION 14.01 Plan Termination. The Plan or any portion of the Plan shall be subject to termination at any time by the Employer, provided, however, that such termination shall not affect any right or claim arising under the Plan. Upon the termination of the Plan, the rights of all Participants affected thereby shall become payable as the Administrator may direct. Such direction may include, but not be limited to: (a) a continuation of the Plan in order to pay Benefit Account balances in accordance with elected benefits, or (b) a distribution of the Participant Benefit Account balances subject to the Plan. 14.02 Final Distributions. Upon termination of the Plan, the interest of Participants shall be determined as of the date of termination, and thereafter final distributions shall be made pursuant to the provisions of the Plan to such persons. 14.03 Employer Right to Terminate. In accordance with the procedures set forth in this section, the Employer may terminate the Plan or any part of the Plan at any time. In the event of the discontinuation, bankruptcy, dissolution, merger, consolidation, or reorganization of the Employer, the Plan shall terminate unless the Plan is continued by a successor to the Employer in accordance with the resolution of its Board of Directors or owner(s). 14.04 Employee Right to Terminate. Once the Plan Year commences, a Participant's election is irrevocable except as provided in Section 5.06. 28 ARTICLE PLAN CONSTRUCTION 15.01 Taxation. -The Employer believes this Plan to be in compliance with Code Sections 79, 105, 106, 120, 125, 129 and 137 and thereby is entitled to deduct the amount paid for the benefits provided under Section 4980B of the Code. However, this Plan has not been submitted to the Internal Revenue Service, and there is no assurance that the intended tax benefit under this Phan will be available. Neither the Administrator or its designated representative or agent makes any commitment or guarantee that any amounts elected or paid for the benefit of a Participant will be excludable from the Participant's gross income for federal or state income tax purposes, pr that any other federal or state tax treatment will -apply to or be available to any Participant. It shall be the obligation of each Participant to determine whether each payment is excludable from the Participant's gross income for federal and state income tax purposes, and to notify the Employer if the Participant ~as reason to believe that any such payment is not so excludable. It is further understood that the Employer and its representative or agent shall be held harmless if the Participant should neglect to do so. j Any Participant, by accepting a benefit under this Plan, agrees to be liable for any tax penalties and interest which maybe imposed by the Internal Revenue Service ~4vith respect to these benefits. If any Participant receives one or more payments or reimbursements under this Plan on a tax-free basis, and such payments do not qualify for such treatment under the Code, such Participant shall indemnity and reimburse the Employer for any liability it may incur ford failure to withhold Federal or State income taxes, Social Security taxes, or other taxes from such payments I, or reimbursements. 15.02 A option by Related Organization. Upon the approval bf the Employer, this Plan may be adopted by any organizations affiliated with the Employer. Affiliated ~iorganizations for the purpose of this Plan must qualify under Code Section 414(b), (c), or (m). The adapting organization shall execute and deliver to the Employer a supplemental agreement providing for the adoption of this Plan and such other documents as the Employer shall deem necessary or desirable. The provisions of this Plan shall be applicable to such organization to the extent provided in the supplemental agreement. 15.03 Uniform Exercise of Powers.. In the exercise of any o its powers, duties, and discretion under this Plan and within-the scope of its authority, and in all of its ~cts, decisions, and determinations hereunder,.the Employer shall at all times act in good faith and in I, a nondiscriminatory manner and shall follow a consistent policy on comparable issues. All actions and determinations of the Employer shall be duly recorded and all such records, together with such ether documents as may be necessary for the administration of this Plan shall be preserved. Decisions of the Employer as to any disputed question relative to the rights of a Participant hereunder and upon all matters within the scope of its. authority shall be'Ifmal and binding on all parties in interest. 15.04 State Insurance Laws. This Plan is designed to be consistent with state insurance laws with elected salary reduction amounts considered as Employer contn'butions 15.05 Construction. No provision of this Plan shall be cc Department of Labor, or Internal Revenue Service i other order which affects, or could affect, the terms of ued to conflict with any Treasury Department, ration, ruling, release or proposed regulation or Plan. 15.06 Headines. The headings and subheadings of this Plan reference and are to be ignored in any construction of the 15.07 Uniformity. All provisions of this Plan shall be i manner. have been inserted for convenience of hereof and applied in a uniform, nondiscriminatory 15.08 Insurer Not a Party. No insurer shall be considered a parity to this Plan nor to any future amendment to the Plan. The rights and obligations of any insurer are those ~ecified in the insurance policy and no provisions of this Plan shall be deemed to alter or change the terms of such contract. 29 r 15.09 Enure Document. This document, including any, appendices or supplements thereto, shall constitute the entire document and shall govern the rights, liabilities, and obligations of the Plan, except as it may be modified. 15:10 Severability. In the event any provisions of this Document shall be held illegal or invalid for any reason by law or a court of competent jurisdiction, said illegality ar invalidzty shall nat. affect the remaining provisions included herein either initially, or beyond the date said provisions are first held to be illegal or invalid, provided the basic purposes hereof can be effected through the .remaining valid and legal provisions. 15.11 Gender and Number. Any reference in the masculine gender herein shall be deemed to also include the feminine gender, unless expressly provided otherwise. Wherever appropriate, any reference in this document in the singular shall include the plural, and any reference in the plural shall include the singular. 15.12 Benefits Provided Through Third Parties. In the case of any benefit provided through a third party,. such as an insurance .company, pursuant to a contract or policy with such third party, if there is any conflict or inconsistency between the description of benefits contained in this Plan and such contract or policy, the terms of such contract or policy shall control. 15.13 Limitation on Liability. The Employer does not guarantee benefits payable under any policy or contract of insurance descried herein, and any benefits payable thereunder shall be the exclusive responsibility of the . insurer that issued such contract or policy. ` 15.14 Ri hg is Against the Employer. Neither the establishment of the Plan, nor any modification thereof, nor any distributions hereunder, shall be construed as giving to any Participant or any person whomsoever any legal or equitable rights against.the Employer, its shareholders, directors, or officers, as such, or as giving any person the right to be retained in the employ of the Employer. 15.15 Successor Businesses. Unless this Plan be sooner terminated, a successor to the business of tlae Employer, by whatever form or manner resulting, may continue this Plan by appropriate supplemental agreement. 30 N CLE ADOPTION 16.01 Establishment of Plan. The employer named below her. 12S(d) of the Internal Revenue Code of 1986, as amen (the Plan) which the: Employer has read, accepted, and i forth below, in accordance with the terms and provisirn does not offer tax or legal advice .and, further, the interpretations. Employer should consult qualified tax ax 16.02 Administrator. The following named Company (the E~ Plan Document: Company Name: City of Blair Business Address: 218. S 16~` Street Blair NE 68008 Telephone #: _ .402-426-4191 Initial Effective Date: January 1, 1992 Amended & Restated Dater January 1, 2003 Employer Tax ID #: 47-6006106 Plan Number: - SOl Plan Name: Flexible Benefit Plan 16.03 Claims Administrator. Name: PayFlexTM Systems U Business Address: P.U. Box 3039, Omal -Telephone: ~ (402)'345-0666 (800) 284-4885 16.04 Plan Year. For'the first Plan Year, the Plan shall operatt for the second and subsequent Plan Years the Plan shall. on January 1~ and anniversaries of such date. Y establishes a Cafeteria Plan pursuant to Section by adopting the Cafeteria Plan named below orporated by reference with the specifications set of the Plan. Employer understands that PayFlex tax laws are subject to change .and .different legal counsel. is the Administrator as referred to in this SA, Inc. a, NE 68103-3039 January 1, :1992 through December 1, 1992 and operate for twelve (12) month periods beginning 16.OS Entry Date. First of the calendar month following date of hire. 16.06 ~ Reduction Benefits. Pre-Tax Basis BENEFITS A x Medical Reimburs x Dependent Care {~ x Medical Insurance (Article VII). VIII) 1:6.07 Employee Eligibility -Requirements. Regular full-time loyees working at least 40 hours per week, 16.08 ge ar Em loyment only Employees who are in the regular employment of the Employer or whose coverage is otherwise required by Section 4890B of the Code are eligible. "Regular Employment" shall 31 r mean the employment of any Employee who is regularly scheduled to work an average number of hours per week as prescribed by the Employer. 16.09 Claims Filing Deadline Participants may make claims within 90 days following the end of any Plan Year for eligible expenses INCURRED during the Plan Year. IN WITNESS WF-IEREOF, the Employer has caused this Plan to be executed by its duly authorized officer in the City of Blair and the State of Nebraska . . City of Blair ' By: Rodney A. Storm Signature: Title: ~ Cj t-y A mi i or ~-.April 4, 2003 Date: 32 ~t RESOLUTION NO.2003 - 45 COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska seeks to replace two existing bridges on 16a` & 17~` Streets that cross over South Creek in Blair, Nebraska. WHEREAS, the City of Blair .seeks to submit an Application to the State of~ Nebraska Department of Roads for Federal Bridge .Replacement Funds to cover this proposed project . NOW THEREFORE, BE TT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the City of Blair,. Nebraska is authorized to submit an application to the State of Nebraska Department of Roads to obtain Federal Bridge Replacement Funds to offset the expense of replacing the bridges indicated above. BE IT FURTHER RESOLVED THE MAYOR AND THE CITY CLERK of Blair, Nebraska are hereby. authorized and directed to execute said Application on behalf of the municipality. COUNCIL MEMBER ABBOTT MOVED. THAT THE _ RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, .COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, FANOELE, WOLFF, ABBOTT AND BIFFAIt VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `STAY", THE MAYOR DECLARED THE .FOREGOING RESOLUTION PASSED AND APPROVED THIS 25TH DAY OF NOVEMBER, 2003. CITY OF BLAIR, NEBRASKA B - -~ J . REALPH, MAYO ATTEST: ,~" I ,. ` ~r. ~~ c BRENDA R. TA R, CITY CLERK (SEAL) STATE OF NEBRASKA ) as: WASHINGTON COUNTY ) BRENDA R. TAYLOR, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of November, 2003. ,~ ~~~? "'`~~'iL-Gr ~''' B A R. TAYLO CLERK - ®~~w ^ Revised • : •_ - _ • - • - • Y ~ State. of Nebraska Department of Roads coNTROL NUMBERS - Ir• L.OCaI Road & Street -[mprovement PROJECT NUMBER: Programming Request • FOr BLAIR PROJECT NAME: (Cify/County) • - • ~ -. ~ STREET OR ROAD NAME OR NUMBER FROM TO LENGTH 17TH STREET N/A N/A N/A DESCRIPTION OF LOCATION AND PROPOSED IMPROVEMENT: (Sp~i/y in detaiQ LET BY: • ® Lacal ^ State REPLACE WORN OUT BRIDGE ON 17TH STREET AT SOUTH CREEK tii`ITTH A NEW BOX CULVERT. BOX CULVERT WILL BE WIDE ENOUGH TO ACCOMMODATE SIDEWALKS ON BOTH .SIDES OF THE STREET. • BRIDGE SUFFICIENCY RATING IS , • SUGGESTED SCHEDULE TRAFFIC VOLUMES ~C~- YEAR: BEGIN CONSTRUCTION: 2005 MAY 2005 Current ADT 300 Constructiori Year LETTING DATE: ENO CONSTRUCTION: ~- `LQ Year ADT • 450 • APRIL 2005 SEPTEMBER 2005 Flo Trucks: 10~ FUNDfNG OTHER FEDERAL STATE TOTAL P•E-~ 6,444 25,776 32,220 • R.O. W. -0- -0- -0- -0- Gonstruction 35, 800 143, 200 .179, 000 Project Total- 42, 244 168, 976 $211, 220 DR Form 73a, iJov 98 - DESIGN DETAILS EXtSTUJG - ( PROPOSED *' F Surfacing Wldfh {- Surface Type ~iGC PGC Shoulder Width 4' S' Shoulder Type PCC PCC Right of Way Width *- Must meet Board of Public Roads GassificaSons & Standards SIdewalks on both sides - EXISTING STRUCTURES TYPE OF STRUCTURE LENGTH WIDTH SUFFlCIENCY RATING PROPOSED TREATMENT Bridge 22' 35' 31.1 Replace with New Box-Culvert SUPPORTING DATA REMARKS (If Yes, Identify) Additionai Right of Way Needed (tf Yes, indicate ez~enr ofl ^ Yes ~] No Survey Needed ~j Yes ^ No T e. Ground yp - ^ ^ Photagrametric Relocation Anticipated ^ Yes ~ No ^ Business ^ Residential Culvert Extensions Anticipated ^ Yes ®No Raitraad on Project ^ Yes ®No ^ Crossing ^ Parapet - Wetlands Anticipated ^ Yes ~J No -- Detour Needed ~ Y~ ^ No See attached map Relinquishments ^ y~ ®No - 4(f) Encroachment ^ yes ®No - - Real"rgnment on Project ^ Yes ®No ^ Minor ^ Major :New Alignment on Project ^ Yes [~ No - Airport within 1/2 Mile ^ Yes ®No ' Public Interest ^ Low ^ Moderate j~ High -School next to existing bridge -• Sign cant Stream Crossings ^ Yes ®No Chanriei Changes Required - ^ Yes ~ No Section 404 Permit Required ^ Yes ^ No ^ Possible - Floodplain Permit Required ^ Yes ^ 'No [~ Possible Utility Adjustments Needed ^ Yes ~ No Historic involvement {106) ^ Yes [~] No Public Hearing Anticipated ^ Yes ~j No Dther Retevarit Information Include a map or location sicefch of proposed work inc/ucle a typical cross-section of proposed roadwau. Page 2 of 2 ~E~ Report - 915!2003 ' 5. NATIONAL BRIDGE INVENTORY *'"`*""**.~''***'***` IDENTIFICATION *********** *****'***,t,,.*'~-x* (1) State Name -Nebraska Code - 317 (8} Structure Num - U0285Q3105 (5) Inventory Route~(On/Under) - On 15100Q310 (2) State Highway Department District - 02 (3} County Gode - i77 (4) Place Code - 59767 {6J Features Intersected -STREAM (7} Facility Carried -17TH STREI-7" (9) Location - GLAIR 17TH ~ BUTLER (i i} Milepoint - 0.000 (16) Lafitude - 41 32i 8.00 (17} Longitude - 960 818.00 _ {98} Border Bridge State Code - % Share - {99) Border Bridge Structure No. - ' "***`"°"*"**'** STRUCTURE TYPE AND MATERIAL***~"`** (43) Structure Type Main: Material -Steel - Type - STRINGER/MULTI-BM/GR Code - 302 (44) Structure Type Appr: Material - NONE Type - NONE Code - 000 (45) Number of Spans in Main Unit - OOi (46) Number of Approach Spans - 0000 (107) Deck Structure Type -Other Code - 9 (i 08} Wearing Surface/Protective System: A) Type of Wearing Surface -Concrete Code - i B) Type of Membrane -None Gode - 0 C} Type of Deck Protection -, ~ Code - 0 None **'*"'**"'.*"**"*''',4GE AND SERVICE ******* **********'*'.*** (27) Year Built - - 1935 ('106} Year Reconstructed - - 0000 {42) Type of Service: ON -Highway Under -Waterway Code -15 (28) Lanes: On Structure - 02 Under Structure o0 (29} :Average Daily Traffic - 000300 (30) Year of ADT - 1997 {1.09) Truck Adt - 10% (19} Bypass, Detour Length - bt MI ****"**'°*"******' GEOMETRIC DATA {48) Length of Maximum Span - {49) Structure Length - .(S0.} Curb or Sidewalk: Left 03.8 Fl- (51) Bridge Roadway Width Curb to Curb (52) Deck Width Out to Out - (32) Approach Roadway Width (w/should) ao21 Fr 000022 FT Right 0~ .8 FT - o24.s FT ' 035.1 FT - 024 FT - - - - - - STRUCTURE INVENTORY AND APPRAISAL Sufficiency Rating = 31'.1 Status = SD ***"*************'*'* CLASSIFICATION ******"***' CODE (112) NB1S Bridge Length - (104) Highway System -Non-Nat1 Hiway Sys (26) Functional Glass -Urban Local {i 00) Defense Highway - {101) Parallel Structure - (i 02) Direction of Traffic - (103) Temporary Structure - (1 i 0} Designated National Network - , (20) .Toll - {21) Maintain - Unknown (22) Owner - Unknown (37) Historical Significance - *"'*****'*********** CQNDiTION **.**'*******"**** (58) -Deck - (59) Superstructure - (60) Substructure - (61) Channel & Channel Protection - (62) Culverts - ********" LOAD RATING AND POSTING ****`** (31) Design Laad- Other/Unknown (64) .Operating Rating - HS Loading • (66) Inventory Rating - HS Loading - {70) Bridge Posting - {4i } Structure Open, Posted, or Closed - Description -Posted For Load (67) (68) (69) (71) (72) (36) (113) (33) Bndge Median - Code - 0 (75) (34) Skew - 00 Deg (35) Structure Flared - No {76) (10} .Inventory Route Min Vert Clear - 99 FT 99 IN {94) (47) Inventory Route Total Horiz Clear - 24.9 FT {95) (53) Min Vert Clear Over Bridge Rdwy - 99 FT 99 IN (96) (54) Min Vert Underclear Ref -Feature QO FT OO 1N {97} (55) Min Lat Underclear Rt Ret -Feature 00.0 F1- (1 ~ 4) (56) Min Lat Underclear Lt - 00.0 FT (115} '"`*"*""t"'**"*'***"**k NAVIGATION DATA k***" ********,.,.,~,~ (38) Navigation Control - Code - 0 (90} (i 11) Pier Protection - Code - (92} (39) Navigation Vertical Clearance - 000 FT A) {116} Vert Lift Bridge Nav Mini Vert Clear 000 FT B) {40) Navigation Horizonta! Clearance - 0000 FT C) *"*****"`*_*****.'* APPRAISAL *"**'****"****'"`*** Structural Evacuation - Deck Geometry - - Clndercleazances, Vertical, & Horizontal - Waterway Adequacy - ' Approach Roadway Alignment - Traffic Safely Features - Scour Critical Bridges - "`* **'***** PROPOSED IMPROVEMENTS "''**"**' Type of Work - ' Length of Structure Improvement - Bridge Improvement Cost- Roadway Irriprovement Cost - Total Project Cost - Year of Improvement Cost Estimate - Future ADT - Year of Future ADT - ***'"*"*********'*'`**'**** 11VSPE~T~IONS *'****** fnspectian Date - 08/03 (9i j Frequency Critica! Feature Intersection: (93) CFI Fracture Crit Detail - N-0 MO A) Underwater Insp - N-0 MO B} Other Special Insp - N-0 MO C) Y 19 0 N 2 0 3 04 04 5 CODE 5 3 6 7 N CODE 222 21i 1 .P CODE 3 5 N 6 8 0000 s Code- 341 000022 FT $48,000 $4,000 $52,000 1987 435 2017 24 MO Date 0/0 0!0 0/0 h m 9 ASSOCIATES INC. BRIDGE INSPECTION SUMMARY & CERTIFICATION SHEET DATE ~ - Z ~ '- 03 CITY g ~cx.~`r ~L~ BRIDGE NO. Lt ~ ZB~Q 3 I OS PREVIOUSLY INSPECTED ON ~-03 -o t This bridge has been inspected by me, or under my direct personal supervision. With regard to the Toad rating of this structure: There is no appreciable change from last inspection, and therefore a new load rating has not been performed. ,x Changes to the dead load or the condition of the bridge warranter reanalysis. This is a new or rebuilt structure, therefore a new Iaad rating has been performed. _ HGM ASSOCIATES INC. (HGM} ' Stephe .Moffitt, PE CHANGES OR COMMENTS NOTED SINCE LAST INSPECTION DECK ~ 1'Gt r r- ~' ~DOf !~~ D~O /~~otd.-tl/ea~y Cry{ck.:n.a c.3: ~'ti sar••-e ~eanc.~t~.~".g ~} A ''ltx ci£-ra-T~ SAG.(l-:na. L.~t~'~,. .P.fL Q.~cO cl KO t..~r ni.. L'n7`'~.n.~ ..~ 4\pe_~t- SUPER STRUCTURE Pa ~ r ~D% - Sb REMARKS , ( / t~ Cbn-)':r~u.F~ fteQJ-~~ ~'{.B./'• o~'Li.'t.oti G~ -T h2. ~nt•C1.4;2. SUBSTRUCTURE,.// t'ct, . r e.A„!: F..~ t13 2_a-~G,..e.r~~ wl / r~ode~..fe. Gra.ck-s Z i O O t1J O pJ O N O C C O ~ N N N r~ O O r 0 0 C'7 'ci' CY) N ~ ~ ~ CY) CY) O ~ A f-- ~ O t4 O ~ ~ ~ O ~ U --~ +-. +--~ ~ ~ ~ cu o }, O ~ rn rn• rn w ~ ~ ~ +~ :. O i. O O d ..O 'II ~ N N m r m N N N m N O O II n U' o % OO ~ ~ ~ ~p ~ ~ . - ri ~ ~ Q [0 U a~ c ~ ® 00 .d. CY) 'ct Ln O CO O O r CO 'ct CY) CY) CY1 N N N C7 N N ~: O U ~ a' ~ ~ ~ ~ ~ -' O i r O O ~ ~ O O O O O O O O O O O ~ N N l.fy O r O T CY~ p O ~ N O ~ r ~ C O 13 O ~ ~ : ~ ~ ~ O ~'a N O ~ +' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z O in f1 - E ~~ m ~~ o ~~ ~ +- N N ~ .. O N E ~ ~ t~ c ~_ ~ N O O p N m m ~ ~ U m CU a fiS ~ ~ ~ _ _ A >+ A ~ D . ¢ oo U ~ ' N L GO Cf) N O C~ O r ~ d' Lfy ~ ~ CO CO CO CD ~ ~ C Y? C C C ( c O N O fC Q M O O N 6I U r ~~ (fl- CO O N r O N O t+7 Lp Z r CU Od fn O r N N N r L ' ~ i ~ ~ -Q (~ ~ !q > ~ N ~ (~ C O ~ M O ~ ' 1 N ~ ~~ ~ (R (~ ~ ~ ~ ~ M M M L O y0i Cx6 ~ Q' _~ m ~ O ~ ~ O ~ ?~.. a ~ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~~ m ~ m Z Z F- F- Q co co co r- oo rn o ,- N ~ co op oo coo cC°O d' d' N CO C4 CO i'~ t~ 1~ ~ M C'') C'7 U i Y E 0 a~ O a~ N N N In f7 CO I` Z O Ch LL ~ O O Q. O ~ i ~ ~ ~ ~ ~ (N CD ~ ~ i ~... C (~ Q.. J ~ 'J U m ~ ~ ;L ~ ~ ~ ~ I-- F- F- Q ~CAtAUU}- '~ o¢mU0 O ~ ~ ~ ~ ~ ~ ~ cn c+~ cn r 07 r CO 00 O O r N CO ~ 'd' d- ~ N t~ to CD Cfl CO C'9 f!1 COQ! N COQ[ m 0 ~~ Z Z Z Z ~ ~ Z O IL N . ~ ~ ~ ,~ ~ ~ rUUUU U ~ ~ m ~¢ m U U ~ '"' m -.~ N N N N f!J ,~ ~¢ L 0 0 0 0 ~~ ~~ ~ ~ N O O O O ~ O O O O `2 ~ p`,. Z ~ U ~ N 0 0 0 0 L2 O O N ~ ~ ~ ~' ~ (n ¢ Z U [C o °o °o o° o° O_ pC M ~ W Q ~ ~ C CO , ~ = O :=.~ ~ ~ m ~ ~ ~ U a ~ ~ ~ ~ ~ m ~ . r r Q O m ~ ~ .~ i J ~ W +=' Z *' N U ~ Z !fit ~ ~ "~ ~ a~ n ~ c Q v ~ Z ~ ~ N ~ p Cn rn ~ J 1L ~ [13 UJ ~ ~ co.-u) oZ ~¢OOm a?rnrnrnrn r O r Q C*~ O O N rn ... • ~ f Z ~ 1. m n.. 0 0 c t ~ ~ ~ ~r M . . ~ ~ o ~ o ~ ~ ~ ~ ~ U ~U ~U a?U ~ o ..a .o .~ o° ..~ o L ¢ L ¢ L ~ t. Q m ~, . ~ ,~, m ~, m y-+ 'II U ~ U •'3 N ~ U O Q3 O ~ O ~ O ~ m Q [~ fL ~] tl. m a- ~ I 1 1 t 1 I t I "~ m V ~ LI,I LL CS = 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N T ® CV U' o 1 p C7 0) O ~ ~ r C!~ N N ~ O Z 0 0 0 ~- dam- N O 0 Y. _` _~.v__ L ~ ~ ~ V m 0 m ~ O~ ~ z t.. 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C7 C*) d' 0 0 T Q M O O N Cn I . z ~ m U .~ ' i C U m ~ = fl. ~ O O C cI~ I ~ m *i *i 'a rn~ I Z o o 0 c c : a Z -~ }: . ~ ~ ~ o L ~ ~ ; C n~.+ ~ ~ LL : ~ C~ m l' LL ~ M ~ S' O = L v ~ `'~ m ~ .Y m cu -a c a ~ m a~ m ~ ~ ~ , ? y~ ~ v v G ~ O ~ ,~ + U~ O 'II to U m O~ O U N U m . ~- ~ ~ U V . m U ~ ~ ~ ,U? m ~~ ~ I~ Im ~ [~ I~~~~ > rn U > >~ ~ J ~ m ,n> ~. ~ .~ c rn c o ~ c o a~ o~ o J ~ ~ ~ 2r ~ ~ ~ d. LL Ll. r ~ ~ L1I ~ am U3 ' t~ Cfl LC? O O O O O C~ d' d Ln Ln Lp I.n l.t) I.f) tt) to N N N O , , .. . U i W i S1 _ m m r m Z W ~ ~ I I ~ (~ O U m m 0 p Rf I N O O O) r A N N ~- LL r} C7 O r O N N N N C~ M .- 0 0 _ i U~ m L ~ T. i O O . . ~ y~i i N +: ~ N ~ ~ ~ ~ ~ U ~ ~ O U ~ ~ ~ ~ ~ ~ ~ ~ U ° F- o ~ m ~. io , a _ _ .. .- c m u ~ ~ ~.~ E ~~ ~~ ~ o p _ _ c , U `a N m m ~ IU (~ 'C ~ J r ~ _ ~ 7~v f2 Q.. Q. O 0 ~ CAG "C3 a = ~ O: O o t-- ~+ to U3 ~ ~ Q ~ O O ~ ~ ~ U U ~ ~ II . ~ . 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O 1~ O a ~ ~ t O O r N f~- 0 0 O a M N C7 'd' M O O N C7 M C'7 CYS ' ~-- N N N N N C7 (L N r r ,_ r r O O a M 0 a O M O O [ti i C L V AML ~l z 0 ~~ l cn. o CO N cfl rn cn Z o ~ U ~; - C7 O Y O ~ ~ ~ ~ m Q N N ` ~ i ~ ~ > O U~ mQaw ,~, m n ~ o 0 0 0 ~~ °~ c~ O o w Z ~-- ns a, c c c c Q w oU..[L4000U1~'~1~ *- C7 CU r CO I~ O T N N 0 0 0 r- r r N N N d' C'9 C'~ P7 C7 CrJ C'~ C'7 P7 C7 (~ T O N U` o !~ d O r O U` N N C`i N ~ ~t t[i °~ i O U ~ ~ O '*" ' ~ ~ 1L +~ O N : ~ ~ rn ~ N @ V N m rn ~ o ~ ~j ~ ~ L ~ ~ ~ o o " > c n aU W O ' ~ i ~ U N II ~~ o ~ E - m O 'oU 0 0 ~ m ~ y~ o a o a c .o ~ w ° l- J' DO ~F- } ~ ~ ~ ~ ~ , ( ~ ~ ~ ~ O O r T ~ M Q Q O ODD p O O r O ~ r O E1. 1.() C7 CO I~ C4 OD f0 E ~ ~ ~ rn ~ p ~ ~ ro = -° z c ° ` a i ° a ~ m E~~` °' ~' ~ i ~ O¢¢ o m ~ ~ i Z o ~ ~ U3 ~ i U ~ a~ zz i" ~ C U ..+ r U ~ C . .. ~ ~ ~ O ~ N U Q ..O fC ~ Q U ~n5v IL O n cn v~U~¢ ~ ~ , N ~ ! i i , ~ ~ ~ ~ CO lf3 O. Cfl r'. O O O r r N r T O m rn c~ o. G'7 O 0 N O .~ i- ..Z Ilfl m Q Op00 1 11111 1 1111 . Z~Z~z~z ~ O o 0 0 m m.m m ~~. ~~ ~~~~ 0000 ~~~~ 0000 ~ ~ V U U U m m m m _ ~ O o~ LL B. L2 Q Q y ~ N N Ir C O C C ~ C ~ ~ ~ ~. ~ E Q~7U0 cU c~.;~ s m ~ ' c~ c+~ c*~ ch rnrnrnrn ~ ~ m ~ - as o .. U ~ L L m = ~ ~ ~ o . m m ~ ~ ~U ° v m ~ m ~ rn ~ ¢ c m O U ~ O ~ ~ r m N m to C O ~ N o ~ ~ ~~- c~ 'c m ` 0 0 Cho ~o ~I`a..m CA M ~ 1 1 I 1 1 1 I 1 ti O d' C'3 N N iN tt) ~ ~ ~ ~ tf~ c7 C7 C*J c~ t+7 G'') C'7 C7 L 0 m 1 1 O r i, M O O U m Q N C . IIIIFII G m m 4? to O O ap ~ ~ C~ ~ '~.. C ~ (?f Ui - ° C ~ : O O r o 1 ~ I 1 1 1 :.-. m U ~°~ M ~~ cc' 0 0 0 0 m ~~ Cn L ++ p ~ m o Q ~ N I I I i ~~~~ ~~~ eii z >-ZZ?z cv ~ mm~ E ~ m U m ~ m .~ cu o 0 ~ ~ d ~ m a~ ° - -~ m ._ ' v ~ @ .~ v ~ m ~ '~n fn C13 CA CA -o .. ~ ~ m ~ Q~ v O L E ~ - m U ..., m ~ cn +~ m .-. o m m m cn ...-. Y ~ `° - U _ v C m c° np m ~ ~ ~ U ~ .s~ ~ ~ ~- E ~ Z o ~ ~ L .~ ~ m m m m c~ . ~ o - o .a? - ~ ~ _ s m cu ~ ;-; ;-. ~.. ~ ~ ~ cv rr '~ L >~j c cn ti~Oci 1 1 1 i~ti mzzz¢c' , ~ ~~ 1 1 ~ ~ ' ' N CO t() O Q m U ~ N N N N 1 1 1 1 1 LI') O~ M O O r d- ~ ct" 'd" ~ !fl tf) = ~ r- O I~ I` N O~ O 61 O C~ P7 P7 C'7 M C7 P7 ~ M Crl Q r m Q c~ 0 0 N M inspector: DM NEARY Comment Date: 1995-12-01 Inspector: DM NEARY Comment Date: 1999-i2-i2 Inspector: Greg Green Comment Date: 2003-08-21 Structure Number : U0285Q3~ 05 FIRST BEAM, WEST SIDE DAMAGED Pothole in deck, first stringer west side stil{ damaged, signs of high wat The west exterior beam has been repaired. The third and fourth beams from both sides of the bridge are rusted through at the north abutment. The webs are completely rusted through for the first 12" +/- of beam length. The remaining beams have heavy rust with striating and flaking at the ends. There is fight to moderate spalling with exposed rebar on the bottom of the deck. The exposed rebar is very heavily rusted with striating and flaking. The concrete diaphragms at the abutments are cracking and breaking up. The approach sidewalks have settled 1"-2" at the NW and SW corners -trip hazard. The curb at the northwest comer is spalled with exposed rebar. The bridge has a concrete floor for a channel bottom from abutment to abutment. r ~~ U02~SQ3105 17~ Street Blair, Nebraska e' August 21, 2003 HGM Project 71353 '_ I ~ fl r .4l ...~_ -_'._ -KT -t _ _" ~~~_ ~~ i ... + 4 5 - T '' -. ..(~, -- ~ .Na- - ~ y~ - .^ ~~ ~ ~ t ~~ ~` r ~. .1~ zv ~ T -..~ Fir _,.z f ' _ , ''~_, _. A _., ~=.~,r, ~ ~~ Y 1 i -~~ C `4ti ~ ~. z ~., N k ~ _ _ ~ 1 ~ ~ w 4 _ ti r ~ , r~ :. i *x ~: ° ~. Concrete Diaphragms are Cracking and Spalling (Typical) ~,- ~ - . ~ , ~~ - >3 °--z M,_, ;~ - _ _ ~~. _ ~ q `~` ~',~. -~ ~ ~-,~: ;-~.:. - - - r _ ~._ Beam Web is Rusted through at the North Abutment (Typical 3~ and 4~ Beam from each side) U0285Q3105 17~ Street ~ Blair, Nebraska August 21, 2003 ~I~G1VI Project 71353 ._ .~} ~ A ~ ~ ~~- E U0285Q3105 17~ Street Blair, Nebraska August 21, .2003 HGM Project 71353 e L ~ ~ a M ~ ~ Do C1 N a O ~ ~ N d O~ ~ oz 0 m~ ~ o ~ ~ O¢ z a UO - a ~. r w w~ Q~ oZ m ~o ~u Z ~ O~ ~-- ~~ O ¢' ~~ W _ m J Ftl tt~A v+. tt1 !!! t*j z ~ o - N .~ N ~~ I----I ~~ s t ~~ ,,a/- ~- APPENDIX E' 0 0 to m t= 0 O ~~ w a U O U z w pW 'S cL E-7 ~~ a s n 0 N . [¢ii n z O 'o z N ~ .+ Y Y tUu U ~ ,~ }~ " a o p to p o ~ n .-t Z m 6 ~ o o ~- 'U 2. z ~ _;, 4 ~ Q 0 0 ' ~ `~ = ~ ~ a 3 O o o ..~ ~~. w ~ °lr 1 Lr' ~ ~ ~ ~ J N ` o ~ 4 - "}' ~~ :~ ~. ~ a 3 ~- ..D d ~ ~ ~ ~ ~ 3 0 O ~ ~ ~ ~ L ~~ dl ~ ... V~ of ~ e C~, 3 o .~ ~, ~ it H -~ Li. ~ .. ~ ~ a ~ 3 ~ ~ '~ c s . d f L ~ ~ '~ ! 11 ~ ~ d D ~ ~ ^^ `` ~ ~ < ~ ~~ • M W S .C ~ t ~ ~t :. 3 E -£ d--,~,- ~: ~ ~ ?~ b ti t ~ M -n a ~ ~ d ~ -o ~ 0 ~ ~ S ~- £ -a cot ~ I I s •: ~ ~ _ ASSOCIATES tNC. s COUNCIL BLUFFS -OMAHA SFlEET NO. /n~ t OF { CALCULATED BY ~/'i"~ DATE ~ ~ ~• ~ ~~ CHEC}~D BY DATE f)I /per' ~ , `l 1 3 ? -a----:-.~... _ I ~ r f t ! j 7 I E I I j ~f I i ~ : i i I ~ 1 ' e j '; i i ~..i~".J,~~.L...__~ • ~r: rD Ai f~l/c-~W f~+~ ~ ' V '^+~ i 3 t.ld.~. rS E p j S z 3 £ ~!•:8~ ~ ~a~ ~ `I~ Si • ~~- ,`: ~ :c~. ' M.f ,~+,.~ -'~'oJ C~, ~ ~. c~S 's b _ 2~tt-ct~t~ I i £ F 1 i [ I ~ t ' F i ~ t E / ` f i ' /~ ' y # ""_: _ ~ s £ { £ - - s Q.r~. ~er~.a.~ l~ ~ ~ (_ ~ ~r:.~; dom.. fi`r' ` e = _~.~-s' ~ -~L~.= cx~--~`S r t '~' i ! ~ ; f i ,.___r~~~ ~ ~j~F'1~ +,tStLS ~t-er.. E ~.~C -~'2 £~'~•esr`- ©~- ~':o-~ ~- `5r~c~S o ~'~~ _G.e ~ - .-_ ~ ~~'c c~~~- I st-~. _ I ~.ec. ~.of ~____`S . `._.__f`d`'~,=1v'2 ~ ~'~~7~ 4. _^-~'~. LJ Q_~ ~.-~ .-----~._~_ f ;•` 1?_Q'' _ 4ltQ-..t~.~~..._ ~ ~7G~v`...~,` ®~G~Gc~~,. (~~t,.9•?l, : £ ( i : £ ~~~ { j i ~ f __ - .~-----:----.WY_. .€ ~ ~. -, i GO n. L' Q € '/;GNC ~. ~ !'~ A~1~ • `~ ~ ~C%%`~" L.2.f"y-+ tr ' ~. `t_.,yY-t`li~L^ ~t-'~i ~-Qr e"' { i t i ? i i 's i ': ~ ~ 1 3 S t t t { _ f.LL.'S' M6'~ i~ F8 ~- ~-- d - ~} : ~` j rd n.., i ~ ~jrry .~L. ': ! _ -' ._ _ 7 ~ I _. I .. _ .__ __. - "' .>___~-_._:_.._..£ _ -mot.-~__~__~.o. t . ®New ^ Revised • - - • - - - • • . . --. - ' State of Nebraska Department of Roads CONTROL NUMBER: Local Road & S#ree# ~mprovemen# pAOJECTNUMBER: Programming Reques# • For BLAIR PROJECT NAME: (City/County) • - • r - -• ~ STREET C3R ROAD NAME OR NUMBER FROM TO LENGTH 16TH STREET NjA N/A N/A DESCRIPTION OF LOCATION AND PROPOSED IMPROVEMENT: {Specify in deiei!) LET BY: • ®Local ^ State REPLACE WORN OUT BRIDGE ON 16TH STREET AT SOUTH CREEK WITH A NEW BOX CULVERT. BOX CULVERT WILL BE WIDE ENOUGH TO ACCOMMODATE SIDEWALKS ON BOTH SIDES OF THE STREET. BRIDGE. SUFFICIENCY RATING IS ' SUGGESTED SCHEDULE TRAFFIC VOLUMES FISCAL YEAR: 8EG1N CONSTRUCTION: 2005 .MAY ZOQS ~ Current ADT 1410 • Construction Year LETTING DATE: ENO CONSTRUCTION: ,+, ZO }rear ADT'. 1700 APRIL 2005 SEFTEMBER 2005 % Trucks: 10~ FUNDING OTHER FEDERAL STATE TOTAL P.E. 7020 28, 080 35,100 R.O.W. Construction 39, 000 156, 000 195, 000 Project Tatal $42, 020 $I84, 080 ~ $230,100 . - - - _ PROGRAMMED FOR FISCAL YEAR: PROGRAMMED CETTiNG DATE: , PROPOSED ENVIRONMENTAL CLASS ^Yes ^No ^Yes ^No REVIEWED BY DiSTRFCT ENGINEER RECOMMENDED BY AURAL/URBAN ENGINEER SIGNATURE: DATE: SIGNATURE: DATE: APPROVED BY DEPUTY DIRECTOR-ENGINEERING CITY/COUNTY OFFICIAL SIGNATURE: -DATE: - SIGNATURE: pA~: DR Form 73a, Nov 98 ~ Paye r or z • - • ~ - • - DESIGN DETAILS •- ~~_ EXISTING PROPOSED'* REMARKS ` Surfacing Width 24' 24` Two 12' wide lanes Surface Type AGC pCC Shoulder Width 6' S' Sidewalks on both sides Shoulder Type PCC pCC Right of Way Width x musr meet voaro or ruonc ttoaos ctasstficattons & Standards EXISTING STRUCTURES .TYPE OF STRUCTURE LENGTH WIE37'k SUFFICIENCY RATING PROPOSED TREATMENT BRIDGE 24' 25' 24.0 Replace with new box culvert SUPPORTING DATA REMARKS flf Yes, Identify) Additional Right of Way Needed (It Yes, indicate extent o~ ^ Yes ®No Survey Needed ®Yes ^ No Type: ^ Ground ^ Photogrametric Relocation Anticipated ^ Yes ~ No ^ Business ^ Residential Culvert Extensions Anticipated ^ Yes ®No Railroad on Project ^ Yes ~ No ^ Crossing ^ Parallel Wetlands Anticipated ^ yes ®No . Detour Needed ~ ~ Yes ^ No See Attached Map ~ - Relinquishments ^ Yes ®. No 4(f) Encroachment ^ Yes ®No Realignment on Project ~] Yes ®No ^ Minor ^ Major New Alignment on Project ^ Yes ®No - Airport within 1!2 Mile ^ Yes ®No Public Interest ~ ^ Low ^ Moderate ®High - School next to existing bridge Significant Stream Crossings ^ Yes ®No Chanriel Changes Required ^ Yes ~ No Section 404 Permit Required ^ Yes ^ No ^ Possible Floodplain Permit Required ^ Yes ^ No ®Possible - ' Utility Adjustments Needed ^ Yes ®No Historrc Involvement (106) ^ Yss ®No ' Public Hearing Anticipated ^ Yes ®No Other Relevant Information Include a map or location sketch of proposed work. Page 2 of 2 Include a typical cross-secfion of proposed roadway. Sly Report - 914/2003 - _"~ `NATIONAL BRIDGE INVENTORY - - - - - - STRUCTURE INVENTORY AND APPRAISAL *****,~~.'E""'`**""*** IDENTIFICATION '~*******" *********,~** {i) State Name -Nebraska Gode - 317 (8) Structure Num - 0028523305 {5} Inventory Route (On/Under) - On 151064570 (2) State Highway Department District - 02 {3) County Gode - 177 {4) Place Code - 59767 {6) Features Intersected -STREAM {7) Facility Carried -16TH ST/FAU 6457 {9) Location - BLAIR 16TH ~ BUTLER (i 1) Milepoint - 0.250 {16) Latitude - 41 3218.00 {17) Longitude - .960 812.00 (98) Border Bridge State Code - % Share - (99) Border Bridge Structure No. - ""**"*****"****** STRUCTURE TYPE AND~MATERIAL*****"* (43) Structure Type Main: Material - Stee! Type - STRINGER/MULTI-BM/GR Code - 302 (44) Structure Type Appr: Material - NONE Type - NONE Code - 000 {45) Number of Spans in Main Unit - 001 (46) Number of Approach Spans - 0000 (107) Deck Structure Type -Other Code - 9 (108) Wearing Surface/Protective System: A) Type of Wearing Surface -'Bituminous Code - 6 B} Type of Membrane -None Code - 0 C) Type of Deck Protection - Code - 0 None ************'ti`**""` AGE AND SERVICE ***'t***' ***''*;`******'^k*** (27) Year Built - i 935 (106) Year Reconstructed - 0000 (42) Type of Service: ON - Highway/Pedestrian Under -Waterway Code - 55 (28) Lanes: On Structure - 02 Under Structure 00 (29} Average Daily Traffic - 001410 (30) Year of ADT - 2001 (i 09) Truck Adt - 00% (19) Bypass, Detour Length - 01 MI **~"*****,~***",**,~ GEOMETRIC DATA' r**"*;.'*'}*'`***'** (48)" Length of Maximum Span - 0024 ~ {49} Structure Length - 000026 FT (50) Curb or Sidewalk: Left 06.2 FT Right 06.2 FT (51) Bridge Roadway Width Curb.to Curb '- 025.0 FT (52} .Deck Width Out to Out - 040.0 FT (32) Approach Roadway Width {w/should) - 026 FT (33} Br-idge Median - Code - 0 (34} Skew - 00 Deg (35) Structure Flared - Na (10) Inventory Route Min Vert Clear - 99 FT 99 IN (47) Inventory Route Total Horiz Glear - 25.0 FT (53} Min Vert Clear Over Bridge Rdwy - 99 FT 99 W (54) Min Vert Underclear Ref -Feature 00 FT 00 IN (55} Min Lat Underclear Rt Ref -feature 00.0 FT {56) Min Lat Underclear Lt - 00.0 FT "**"*******'t''"'**~*** NAVIGATION DATA "~**" *'t"*"''~*******"~,. (38) Navigation Control - Code - 0 {111) Pier Protection - Code - (39) Navigation Vertical Clearance - 000 FT (116} Vert-Lift Bridge Nav Min Vert Clear 000 FT (40) Navigation Horizontal Clearance - 0000 FT Sufficiency Rating = 24._0 Status = SD "*"***************** CLASSIFICATION *********** CODE (i 12) NBIS Bridge Length - Y (104) Highway System -Non-Natl Hiway Sys 0 {26) Functional Cfass -Urban Collector 17 (100) Defense Highway - 0 (101) Parallel Structure - N (102) Direction of Traffic - 2 (103) Temporary Structure - (110) ~ Designated National Network - 0 (20) Toll - ~ 3 (21) Maintain -Unknown 04 (22) Owner -Unknown 04 (37) Historical Significance - 5 '"`********'"****'***** CONDITION *******'"`*"******* CODE (58) Deck - 5 (59} .Superstructure - _ 5 (60) Substructure - 5 (61) Channel & Channel Protection - 7 (62) Culverts - N *****'*** LOAD RATING AND POSTING **"**** CODE (31) Design Load - Other/Unknown 0 {64) Operating Rating - HS Loading 210 (66) inventory Rating - HS Loading 202 {70) Bridge Posting - 0 (41) Structure Open, Posted, or-Closed - ~ P Description -Posted For Load **********",~***** APPRAISAL *'***"**"*""*'`***,.'*"`* CODE (67) Structural Evaluation - 2 (68) Deck Geometry - 4 * (69) Underclearances, Vertical, & Horizontal - : N {71) Waterway Adequacy - 6 (72) Approach Roadway Alignment - 6 (36) Traffic Safety Features - 0000 (113} Scour Critical Bridges - ~ 6 **~"""****"` PROPOSED JMPROVEMENTS ******* * (75) Type of Work - Code- 31 i (76} Length of Structure Improvement- 000026 FT {94) Bridge Improvement Cost - $64,000 (95) Roadway Improvement Cost - $6,000 (96) Total Project Cast - $70,000 (97) Year of Improvement Cost Estimate - 1997 (i 14) Future ADT - ~ 141 0 (115} Year of Future ADT - 2021 't***************'.******""` IIUSPECTIONS'„******* (90} Inspection Date - 08{03 (91) Frequency 24 MO {92) Critical Feature Intersection: (93} CFl Date A) Fracture Crit Detail - N-0 MO A) 010 B) Underwater insp - N-0 MO B) D/0 C) Other Special lnsp - N-0 MO C) ***"** 070 - r h m g ASSOCIATES INC. BRIDGE INSPECTION SUMMARY & CERTIFICATION SHEET - DATE ~- 2 ~ -U3 CITY ~ ~cs.~ +- 1~~ BRIDGE-NO. UDZ 8S'Z3 3 o S PREVIOUSLY INSPECTED ON ?-d3 -a ~ This bridge has been inspected by me, or under my direct persorial supervision. With regard to the load rating of this structure: There is no appreciable change:from last inspection, and therefore a new load rating has y. not been performed. Changes to the dead load or the condition of the bridge warranted reanalysis. This is a new or rebuilt structure, therefore a new load rating has been performed. . . HGM ASSOCIATES INC. (HFM) . . ^2-cam.-. J Gregory A. r NIGET #1079896 CHANGES OR COMMENTS NOTED SINCE LAST INSPECTION DECK r ,~Q d!o M~derc~fe C~-~..c.ti.'r•.a -1-' LeL.G4,.:..~, G... -t'4.a._ 6d-f~F-o.-~ SUPER STRUCTURE , r ~ct~r -1~aar' ~ca.:.. ~ t'~~ ~EC-a--~-¢. - y e~.ts-~ ~~ -~ f ark t-at'S ~~f ~~e Lax.: ,~% -/C7 y!o L as S ct" l £n d C - f f ec~y..+ ~ ~t-f'i.•-., ~ S'~Y- ~.#- i~ °~- ~lc.k ~ec+.~ .~ ,+~.-c -1- tJ I ~~-~ ~~.n~ ~ ~la. k:n~ e n. 4 ~ic..r 1~w ~ /o-~es SUBSTRUCTURE - - .•,- ~a~: t,.: c.~e.a,Ft.~ra-d ~:pU-yFt~. ~-~.od~ p~~- Cr~.~~r.S' + -- LJcc.'~E!' tS ot2. ~=f.')...q lrrd~. 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Z ~ m ~ ~ ~ ~ U ~-, n ~ m . c -,~ ~ C6 ClY '- p ''Y fll O C m N U ~ ~ ~ ~ O p ~ ~ ~ ~ ~ ~ ~ i V ~ m O N m N (n a--. C m z `o .~ '' .~ ~ ~ i m ai m~ cv ~' ~ m E ~ N 0 0 0 0 @ p ~(~ ~ M U C 'LL. ~ O to s m Z Z Z Q CA LL, p~j Sc !L' 0 ~ ~ ~ ' ~ ~ ~ r ~ t ~ ~ ~- ~ ~ N ~ ~ N Q m U ~ l[) O~ O O O ~-- ' ' ti d) ~ ~ M I.f) O N N N N N d}~O M O ) ti ) d' d- d' mot' 'd' t! M M M M M M M I` 1~- ~ M M O Inspector: DM NEARY Comment Date: 1993-01-08 a Inspector: DM NEARY Comment Date: 1995-12-01 Structure Number :0028523305 CRACKING AND UNDERMINING OF INLET SPILLWAY CRACKING AND UNDERMWING OF SIDEWALK SW CORNER UNDERMWING OF SPILLWAY AT INLET WEST SIDEWALK HEAVED AND CRACKED. DOWNSTREAM SHEETPII.ING LEANING INWARD AND SEPARATING FROM BANK. NEEDS HAZARD MARKERS ON NORTH AND SOUTH ENDS. inspector: DM NEARY New sidewalk on west side. Comment Date: 1997-09-09 New concrete inlet spillway. Concrete rip-rap has been placed on south downstream bank for erosion control. Inspector: Greg Green New sidewalks around the bridge. Light cracking and leaching on the Comment Date: 2003-08-21 bottom of the deck. Heavy rust with pitting, striating and flaking on the ends of the beams and the bearing plate. Water is running under the floor slab on the south side. Stop the water getting under the floor slab. Paint the steel components - of the bridge. Seal the joints on the ends of the bridge. s: - Road View Looking North ~~~ ~t ~_ J~ ~:~ ~~ p} t i ._ ._ ~' '~ ~ - ~ },` ~~ ~ # _~ -7 ~ , ~ ~ ~ r ts~ 'wig ~~~ ~.,r ;~ ~' - ° ~~ ~ ~ "~`~' ~' "'"' ~C?~ i Ni~ 4 . iE~ :SF~ ~ of ~a~~?~ `mss , Side View Looking Southwest ;~ ., , 0028523305 16~ Street f Blair, Nebraska August 21, 2003 HGM Protect 71353 .~._ .,~. ~~ ye i e ~~. ~9 c '~ f~ ~~ ~r ~r ~ ~ ';~~ ~,n.~~ ti ~ T 3 ~ ;~ tT' ~. gg, ~., i }"~'~i . 1 t~ s - ~ ` ter ~-~ ~~ Water is getting under the Floor at Southeast Corner (Typical Southwest) 0028523305 . 16~ Street Bair, Nebraska August 21, 2003 HGM Project 71353 Bearing Plate has Heavy Rust with Striating an Flaking r' ~. lh m ASSOCIATES IN-~C_ COUNCIL BLUFFS -OMAHA r~ + ~ ~ ~ \CC ~~ - ~ , ~ JOB ~ . SHEEP NO_ t OF e ~ ~'~ ~ ¢ y ~Z~ X03 CALCULATID BY DATE CHECI~D BBY DATE ( SCALE ti+1`'cscar Q- ~ ,{ ~} R,c ~ ~ "~ ~ y `'' 23 30~ L.. _.i.._ _;___ ? t _ _ i___r_._ -;. .o. _T~~ ~ j ~-i~.-••-•- ._ i _ ._i.._.----F-_--i-._.....~...__ _ _. __ .._ _._ 2 t i i ? ` i i i ? E ( I ....._~____...~..._-i....__. i_.. .;___ _ _.~ _ _ _ __ _ _ _ ..._ __ _ _. ._ ~__ _ _ _._.__ • F i ~ . F i i w. -.. ~y ~~ q ~'` x ~~ '~~ [T.daT'+iX° ~ ~2'.fdt+di4¢Gi `~ '• i.._._ :`-~j,'~-Ch.~f~'S~_ __ t ~n.~, ~topi-€ t~-~+-~sLT ~ E ~~ ' S ~;~,{~,~'_• Fr,w,=lti~~:`•., ~ atx-'~~~'~~ i G,),a,'~c~ ruti~ `u. A:-~'~~-.~~<~_.....'~. '_~._~-... t i }}--~/ r : : , ~ jam; _•..• 3.. 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I } { i ; i ~ j f S E _ ____ __ I _ --.__. _ _ t-- . __ _ _. .__ a RESOLUTION N0.2003 - 46 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska, has received funds as an eligible unit of a general local government under the Housing. and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant Program; and, WHEREAS, the City of Blair, Nebraska, has identified an appropriate use of the funds received in the Community Development Block Grant Program account. These funds will be used to purchase real estate located at Tax Lot 63, Section 12, Township 18, Range 11, Washington County, Blair, Nebraska for the purchase price of $117,000.00 for the purpose of extending 10~` Street South to Webster Street. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLA]R, NEBRASKA that the Mayor and City Clerk of the City of Blair, Nebraska be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between the City of Blair and Ellen Epperson to effectuate the purchase of said real estate. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SCHEVE, SHOTWELL, ABBOTT, WOLFF, BIFFAR AND FANOELE VOTING "AYE", AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 25TH DAY OF NOVEMBER, 2003. CITY OF BLAIR, NEBRASKA J ~ . REALPH, MAYOR ATTEST: ~~ ~q ~~ ~ BRENDA R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said city held on the 25`~ day of November, 2003 p~/J fl .~ d~~ P,P f~ '~- , ;~J' yr~ ,4j1 ` 1 ,,.,... / l f ~(/ B A R. TAYLOR, CLERK arEM o 9 MEMO NOVEMBER 25, 2003 TO: MAYOR AND COUNCIL'MEMBERS FROM: SCOTT W. BOVICK, ASSISTANT CITY ADMINISTRATOR RE: APPLICATION TO CDBG REUSE FUNDS FOR lO~ STREET PROPERTY ACQUISITION The City has a~plied to use $117,000 of CDBG Reuse Funds to acquire Tax Lot 63 in 12-18-11 (504 South 10 Street) to allow Tenth Street to be a through street from Grant to Wilbur. The properly is a total of 3.75 acres and the property that is not required for the street extension will be available for future development. As you know, the property owner has the property listed for sale and is agreeable to a price of $117,000 as offered by the City. The CDBG Review Committee met and voted 2-0-1 to approve the application with the condition that if any property is sold after the Tenth Street right-of-way is established it will be deposited back in the Reuse Fund. Committee Member Trista Farrens also indicated that Washington County Gateway Economic Development Corporation is working with a company interested in relocating their business in Blair from South Dakota and that she has offered them $50,000 in Reuse Funds as an incentive. The $117,000 required to acquire 504 South 10'~ Street would allocate the total remaining balance of the Reuse Funds. As a solution,.the committee discussed reducing the Reuse Fund contribution from $120,000 to $70,000 for the previously approved 11~'/10~` Street Water Line Project. This would leave $50,000 available in the Reuse Fund should the business make a final decision to locate in Blair. CDBG Funds are available for this project because it will eliminate slum and blighted conditions as defined by the City of Blair's Redevelopment Plan and Comprehensive Plan 2006. Not only will removing the 91 year-old house help eliminate slum and blight, but making 10~` Street a through street will provide the primary north-south corridor for vehicle traffic on the east side of Blair, It will result in a direct increase in the value of the surrounding properties and encourage growth and redevelopment in this area. CITY OF BLAIR CDBG REUSE FUND INFRASTRUCTURE GRANT APPLICATION APPLICANT: City of Blair TYPE OF PROJECT: Water Main Sewer Main r, IL~J Water Pumping Sewer Pumping ^ Street Paving ^ ^ Storm Sewer ^ Sidewalk ^ Elimination of Accessibility Barriers ^ Other: Real Estate Acquisition ;~ TOTAL PROJECT CosT: $117,000 FUNDS REQUESTED: $117,000 FUND OBJECTIVE: .Job Creation/Retention ^ Elimination of S1umlBlighted Conditions JOB CREATION/RETENTION: Name of Company Benefiting {not applicable) Number of Jobs CreatedlRetained {not applicable} Number of Jobs LMI (not applicable) Total Project Cost (not applicable) (Excluding Infrastructure Improvements) Bank Financing (not applicable) Owner Equity {not applicable) ~. ADDRESS of PROJECT: The property to be acquired is Tax Lot 63 in 12-18-11 (504 South 10~' Street). The lot size is 3.75 acres and is located at the intersection of 10~' and South Streets. IF OBJECTIVE IS ELA~tATION OF SLUM/BLIGHTED CONDITIONS, GIVE BRIEF NARRATIVE OF PROJECT AND HOW IT MEETS GOALS OF CITY OF BLAIR REDEVELOPMENT PLAN: The application is fpr the acquisition of Tax Lot 63 in 12-18-11 to acquire the necessary property to allow Tenth Street to be a through street from Grant to Wilbur Street. The properly is a total of 3.75 acres and the property that is not required for the street extension will be available for future development. The property owner has listed. the property for sale and-the city believes now is the appropriate time .to acquire the property. The Executive Summary of the ;City , of Blair's Redevelopment Plan -calls for "improving the .overall efficiency of .vehicular circulation within the Redevelopment Area as identified in the Comprehensive Plan Update 2406." In Chapter 5: Public Facilities and Infrastructure, the Comprehensive Plan Update 2006 specifically identifies the Tenth Street Extension as a needed principle north-south corridor for the City of Blair. The Comprehensive Plan states "Construction of this Tenth Street Extension will allow for access to the industrial area located east of Tenth Street and to the proposed residential area. located west of Tenth Street " Therefore, slum and blighted conditions will be reduced since "this street segment will open uP southeastern Blair for future development." -- T ..~... ,..._ Wit. - --- - - ------_- .. __.. --- -. - f. ~. __ _:..... rt' .~ ~ ~. ~ •`.. ~~ awry ~ ~ * ~ ` _ w ~; 1- _ ~~ ~ -~ ~ ~~~ ~ ~ r~~~. ` ~ -`ice, - .s r ~ ,- s ~~ w ~ LL ,. _:~, .. '` .. ;.~ - ~ .` ' ~ i . s ,. .a ~ ~ t,' ~~ "__JJ Ems" c-S'~.'ai'.~. ~_;.ir~" _. t :_ - ~ i.~. _ ~ 7 ~. _ ~ _ E ~' ~.ti _ ~..~.....~.~ u~ ~ ~_-_ ~~ ~...u~~~'~ a :.'-'~"~^~^,-~---^.-`-..~~~r - /: ~'y. r i ~• 1>.. _ 1 e ___,__ _ .. - ~ _ .. ~ . .. - ~ ~_~; ~. ~~~ - _ 'ss ~s_ 1 ~~_ ,__ ~ 5 ~~ ~ ~~ ~~~ w .~~ • ~~ ~,~~ - ,~ '~ 's ,: s ~~ y~,a ^ --': 1 C r ~ ;.~ f ~_.i ___ _ t - __~ __ _ - - - L- - L-- --- _ - -- ! J ~. I' ~'~., ~~~. auriu~~reru~eri~ruri~r~~ru~uurnrururiuururn~~rurrA ~_ _~ ~ I _1 I ^ ^ C ___ -- ^ ^_ i 1 ~..Y~s~b ~~ ..rte ~ r y` r .y~ ~. 3 f~ 'r . ~~. .. ~,. ~ .~ ~~ ~sy~ :~. ~ :~" w~ r< `, r.<'r~ ' ,~~' = a~` w _'~ ~; """iii ~ ~ + s~, ~~'' 1 ~nlptuKluu~nAn~u~nm>.n~n~ ~ a~ ~ ~ , ~ `~ y'h R4 ~ 4 t~. .< I '~ , F ~ _ ~ IRIef~11~11~II~7~I~~IM~IR ~. ~~~ 1!~if' t S .i~ t ilk ~y.. ~( rye ,.~ I ., F ~ r~. ~ iT Oi- ..h. -'wry. t' ~Y' ~ 4~ i -- 1~ ..:. ~i1' ` j i A > z '~ ~~ptts t 4~ '~ '~ ~, ~ ~ a ~ '~ 4 ~. - ~ 5 , ._ ' ~~ ~ - RESOLUTION N0.2003 - 48 COUNCIL MEMBER BIFFAR INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council have been presented with an Interlocal Cooperation Act Agreement between the City of Blair, Nebraska, The Papio-Missouri River NRD and Washington County for the purpose of providing quality drinking water to citizens of Washington County. Said project will be identified as Washington County Rural Water Project No. 2. WHEREAS, said Agreement is acceptable to the City of Blair. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIlt, NEBRASKA that the Agreement attached hereto, marked Exhibit "A' and by this reference made a part hereof as though fully set forth herein, is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR AND CITY CLERK OF THE CITY OF BLAIR, NEBRASKA, are hereby authorized to execute and deliver said Agreement on behalf of the City of Blair, Nebraska and make any changes that are not of a material nature with the approval of the City Attorney. COUNCIL MEMBER ABBOTT MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER SHOTWELL. UPON ROLL CALL, COUNCIL MEMBERS STEWART, SHOTWELL, SCHEVE, MCMANIGAL, ABBOTT, WOLFF AND BIFFAR VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 9'~ DAY OF DECEMBER, 2003. CITY OF BLAIR, NEBRASKA B J E ,MAYOR -1- A T: BREl~r'~A. R. TAYLOR, CLERK (SEAL) STATE OF NEBRASKA ) :ss: WASHINGTON COUNTY ) BRENDA R. TAYLOR hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 9th day of December, 2003. B NDA R. TAYLOR, CLERK -2- INTERLOCAL COOPERATION ACT AGREEMENT PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, THE CITY OF BLAIR, NEBRASKA AND THE COUNTY OF WASHINGTON, NEBRASKA WASHINGTON COUNTY RURAL WATER PROJECT N0.2 THIS AGREEMENT (hereinafter referred to as "THIS AGREEMENT") is made pursuant to the Nebraska Interlocal Cooperation Act, Sections 13-801 to 13-827 R.R.S. 1997, et seq., by and among the PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT, a subdivision of the State of Nebraska (hereinafter referred to as "the NRD"); the CITY OF BLAIR, a municipal corporation of the State of Nebraska (hereinafter referred to as "the CITY"); and, the COUNTY OF WASHINGTON, a subdivision of the State of Nebraska (hereinafter referred to as "the COUNTY"). The NRD, the COUNTY and the CITY are hereinafter referred to individually as a "PARTY" and collectively as "the PARTIES." WFIEREAS, the PARTIES are governmental bodies organized under the laws of the State of Nebraska; and, WHEREAS, to provide quality drinking water for orderly growth and development of the area bounded as described in Exhibit "A" attached hereto and incorporated herein by reference (hereinafter referred to as "the PROJECT AREA"), a project (hereinafter referred to as "the PROJECT") to provide for distribution of such water to the PROJECT AREA for domestic and other purposes has been studied, has been and is hereby determined to be feasible, and should be undertaken; and, pxu31230ag 1 WEIEREAS, the NRD has authority and is willing to undertake the PROJECT as a special improvement project, under Section 2-3226 and/or Sections 2-3229, Z-3233, 2- 3234, 2-3238, and 2-3252 et seq., R.R.S. 1997, to supply water for any beneficial use; and, WHEREAS, the NRD desires to purchase from the CITY the water to be distributed by the PROJECT; and, WI~REAS, the CITY is willing to supply water to the NRD for distribution by the PROJECT provided the NRD pays certain costs and fulfills certain other conditions hereinafter described; and, WHEREAS, in addition to the PROJECT'S water distribution system, the PROJECT facilities shall include an elevated water-.reservoir with the capacity of up to one million gallons, and appurtenances thereto, including, without limitation, associated telemetry equipment (hereinafter referred to collectively as "the WATER TOWER"), to be used both to pressurize the PROJECT water distribution system and to pressurize portions of the CITY'S water distribution system (hereinafter referred to as the "CITY SYSTEM"), and also shall include a nominal twelve inch (12") diameter PVC main connecting the WATER TOWER to the CITY SYSTEM (hereinafter referred to as "the WATER TOWER SUPPLY MAIN"); and, WHEREAS, the CITY has requested that any pump station or other pumping facilities that the ENGINEERS determine necessary be included as a component of the WATER TOWER SUPPLY MAIN; and, WHEREAS, the CITY has requested that the PROJECT'S principal main (hereinafter referred to as "the PRINCIPAL MAIN"), intended to run between State Highway 133 and the intersection of County Roads P-34 and P-39, be oversized to provide capacity for possible emergency use by the CITY to convey Metropolitan Utilities District (hereinafter referred to as "MUD") water to the CITY SYSTEM; and, pxu31230ag 2 WI~REAS, the CITY has requested that the PRINCIPAL MAIN and appurtenances thereto be extended from the intersection of County Roads P-34 and P-39 to a terminus at the intersection of County Roads 38 and P-43 (hereinafter referred to as "the PRINCIPAL MAIN EXTENSION"), to provide capacity for possible emergency use by the CITY to convey MUD water to the CITY SYSTEM; and, WHEREAS, the CITY has requested that any pump station or other pumping facilities that the ENGINEERS determine necessary be included as a component of the oversizing of the PRINCIPAL MAIN; and, WHREAS, the CITY has offered to reimburse to the NRD all the cost of oversizing the PRINCIPAL MAIN, and reimburse one-half of the cost of the PRINCIPAL MAIN EXTENSION if the NRD would pay the other one half; and, the CITY has offered to reimburse the NRD for all costs and expenses incurred by the NRD for modifications to the NRD'S existing Washington County Rural Water Project No. 1 system (hereinafter referred to as the "PROJECT NO. 1 MODIFICATIONS") that are determined to be necessary for the CITY to convey Metropolitan Utilities District water to the CITY SYSTEM for possible emergency use. WHEREAS, The COUNTY has requested that certain of the mains branching from the PRINCIPAL MAIN (hereinafter referred to as "the ARTERIAL MAINS"), be oversized in order to facilitate future expansions of the water distribution system that will be needed to assist in future growth and development of adjacent portions of the COUNTY; and, WHEREAS, the PARTIES desire to set forth the terms of their agreement with respect to the PROJECT, NOW, THEREFORE, IN CONSIDERATION of the foregoing recitals and their mutual covenants, the PARTIES hereby agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of THIS AGREEMENT is to set forth the terms under which the PROJECT and its components will be designed, pxu31230ag 3 constructed, operated, maintained, repaired, replaced and regulated, and to specify the rights, duties and obligations of the PARTIES in connection therewith. The PROJECT will be undertaken without any separate legal entity being created. 2. TERM AND TERMINATION. The initial term of THIS AGREEMENT shall be twenty-five (25) years from and after the date of commencement of service under THIS AGREEMENT. It is the intention of the parties that the water supply hereby contracted for shall be supplied continuously as long as the consumers served by the PROJECT are dependent thereon. This contract may be terminated by mutual agreement of the CITY and the NRD, or by the giving of two years written notice by one such PARTY to the other; provided, however, the CITY shall not terminate the water supply unless there is available to the NRD or its consumers an adequate alternate source of water which can be developed or purchased feasibly; and provided, further, that no termination shall be effective without the written consent of the COUNTY. 3. THE ENGINEERS. Within ninety (90) days after the effective date of THIS AGREEMENT, the NRD, as the lead PARTY for the PROJECT, shall retain. one or more engineering consultants (hereinafter referred to collectively as "the ENGINEERS") approved in writing by the other PARTIES (such approval to not be withheld or delayed unreasonably) to design the PROJECT or portions thereof, to prepare plans and specifications and contract documents for the PROJECT or portions thereof, and to administer construction of the PROJECT or portions thereof. Failure of any PARTY to approve the NRD'S selection of the ENGINEERS may be cause for termination of THIS AGREEMENT, at the election of one of the remaining PARTIES, upon written notice to the other PARTIES. 4. PRELIMINARY PLANS AND SPECIFICATIONS. The ENGINEERING CONTRACT shall require that the ENGINEERS complete the preparation of preliminary plans and specifications (hereinafter referred to as "the PRELIMINARY PLANS") for the PROJECT, in accordance with the following: pxu31230ag 4, a) Except as hereinafter specified, the PRELIMINARY PLANS shall be drawn in accordance with design criteria provided by the NRD after consultation with the CITY and the COUNTY; b) The PRELIMINARY PLANS shall be drawn in accordance with applicable Nebraska state and federal statutes, rules and regulations; c) The PRELIMINARY PLANS for the WATER TOWER shall be based on proposed tower working elevations and the general scheme of tower operations provided by the CITY, which shall include CITY specifications for telemetry equipment that shall be installed and calibrated with coordination provided. by the CITY; d) The PRELIMINARY PLANS shall include, without limitation, provisions for over-sizing, to a nominal .twelve inches (12"), the entire PRINCIl'AL MAIN; e) The PRELIMINARY PLANS shall include, without limitation, provisions for a nominal twelve inch (12") diameter PRINCIPAL MAIN EXTENSION; f) The PRELIMINARY PLANS shall include, without limitation, provisions for the PROJECT NO. 1 MODIFICATIONS; g) The PRELIMINARY PLANS shall include, without limitation, provisions for over-sizing the ARTERIAI, MAINS; and, h) The PRELIMINARY PLANS shall include, without limitation, the ENGINEERS' itemized. estimates of the costs of the separable portions of the PROJECT and oversizings, including the costs of engineering, design, construction and construction administration, but excluding rights-of--way costs. Notwithstanding any other provisions of THIS AGREEMENT, the plans for the oversizing of the PRINCIPAL MAIN, for the PRINCIPAL MAIN EXTENSION and for pxu31230ag 5 the PROJECT NO. 1 MODIFICATIONS shall be conditional upon MUD'S prior written agreement to provide emergency water to the CITY SYSTEM, and also shall be subject to subsequent written determination by the CITY that such oversizing, extension and modifications will result in a feasible system for conveying emergency water from MUD to the CITY SYSTEM. 5. APPROVAL OF PRELIMINARY PLANS. Upon the ENGINEERS' completion of the PRELIMINARY PLANS, and after approval of the same by the NRD, the PRELIMINARY PLANS shall be submitted to the other PARTIES for their written approvals. Each of the other PARTIES shall have 21 days to review the PRELIMINARY PLANS and to approve or disapprove the same in writing or suggest amendments thereto. 6. PREPARATION OF FINAL PLANS FOR PROJECT. Upon receipt by the NRD of the other PARTIES' written approvals of the PRELIMINARY PLANS, the NRD shall direct the ENGINEERS to prepare final plans and specifications for the PROJECT (hereinafter referred to collectively as "the FINAL PLANS"). 7. APPROVAL OF FINAL PLANS. Upon the ENGINEERS' completion of the FINAL PLANS, and after approval of the same by the NRD, the FINAL PLANS shall be submitted to the other PARTIES. Each of the other PARTIES shall have 21 days to review the FINAL PLANS and to approve or disapprove the same in writing or suggest amendments thereto. 8. PROJECT RIGHTS-OF-WAY. Within a reasonable time after approval of the FINAL PLANS by all PARTIES, and without further consideration, each PARTY shall grant to the NRD a permanent easement or permit over all of such PARTY'S lands and rights-of--way that shall be designated in the FINAL PLANS as necessary PROJECT rights-of--way. Each such permanent easement or permit shall run with the land and grant to the NRD the permanent right to design, construct, own, operate, maintain, repair, replace and regulate water transmission and distribution mains, and appurtenances thereto, in, on, over and across such designated land of the granting PARTY, or contain a pxu31230ag 6 grant in such other form as may be determined by agreement of the granting PARTY and the NRD. The NRD shall acquire all other ENGINEER-designated lands, easements and rights-of--way, including without limitation the site for the WATER TOWER, and such other approvals, licenses, easements, water rights, permits and consents as the NRD determines are required or convenient for construction and for permanent operation, maintenance repair, replacement and regulation of the PROJECT. 9. PROJECT CONTRACTORS. In its sole discretion, the NRD may determine to retain separate contractors (hereinafter referred to collectively as "the PROJECT CONTRACTORS") to construct separable portions of the PROJECT, and/or may determine to construct the PROJECT in increments or stages. Within a reasonable time after approval of. the FINAL PLANS by all PARTIES, the NRD shall conduct one or more public lettings, in accordance with the appropriate policies of the NRD, and thereby retain PROJECT CONTRACTORS who the NRD determines are the lowest and best bidders, to construct the PROJECT or separable portions thereof; provided, however, the bids for the contract involving construction of the WATER TOWER shall state the cost of construction of the WATER TOWER as a separate item; and, within a reasonable time after NRD'S receipt and opening of such bids, the NRD shall deliver a summary of all such bids to the CITY, together with the identification by the NRD of the bidder who the NRD determines is the lowest and best bidder, whereupon, in the absence of good cause to the contrary being shown by the CITY, the NRD shall accept such bidder's bid and shall award to such bidder the contract to construct the WATER TOWER. 10. CONSTRUCTION CONTRACT DOCUMENTS. The proposed contract(s) between the NRD, on the one hand, and the PROJECT CONTRACTORS, on the other hand, for construction of the PROJECT (all such contract(s), together with the FINAL PLANS, hereinafter being referred to collectively as "the CONSTRUCTION CONTRACT DOCUMENTS"), including, without limitation, the contract prices that the NRD proposes to pay to the PROJECT CONTRACTORS for construction of the pxu31230ag 7 PROJECT, shall be submitted to the other PARTIES, who shall have a period of 30 days to review the same and to suggest amendments thereto. 11. PROJECT FINANCING. The NRD shall be solely responsible for temporary and permanent fmancing for the PROJECT and shall be solely responsible for applying for state and federal grants for which the PROJECT maybe eligible. In the event that the NRD is not able to arrange financing upon such terms as the Board of Directors of the NRD, in its sole discretion, determines reasonable, the NRD may terminate THIS AGREEMENT upon written notice to the other PARTIES. 12. CONSTRUCTION OF PROJECT. After arranging PROJECT fmancing and determining the lowest and best bidder for construction of the PROJECT, the NRD shall execute the CONSTRUCTION CONTRACT DOCUMENTS and authorize the PROJECT CONTRACTORS to proceed to construct the PROJECT, in substantial conformance with the CONSTRUCTION CONTRACT DOCUMENTS. 13. CONSTRUCTION OBSERVATION. The NRD will provide for engineering observation and administration of construction of the PROJECT. Representatives of the other PARTIES shall be given the opportunity to observe such construction at all reasonable hours and the right to request and receive from the NRD contemporaneous copies of all written communications between or among, or issued by, the NRD and/or the ENGINEERS and/or the PROJECT CONTRACTORS pertaining to PROJECT construction, including but not limited to statements by the ENGINEERS as to percentage of completion and substantial completion. 14. AS-BUILT PLANS AND FINAL COST STATEMENT. Upon completion of construction of the PROJECT or separable portions thereof, the NRD shall direct the ENGINEERS to prepare and deliver to the NRD and the CITY (a) as-built plans and specifications relating thereto (hereinafter referred to collectively as "the AS- BUILT PLANS"); and (b) itemized statements of the final costs of design and construction of the separable portions of the project, including, without limitation, (i) the pxu31230ag g WATER TOWER and the WATER TOWER SUPPLY MAIN, (ii) the PRINCIPAL MAIN, (iii) the PRINCIPAL MAIN EXTENSION and (iv) the PROJECT NO. 1 MODIFICATIONS. 15. CONTRACTOR'S WARRANTIES. The NRD shall enforce all bonds and warranties given by the PROJECT CONTRACTORS in the CONSTRUCTION CONTRACT DOCUMENTS. 16. POINT OF DELIVERY. After substantial completion of construction of the PROJECT, or as soon thereafter as PROJECT facilities are available to receive and distribute water, the CITY shall furnish water to the NRD through a pipe connection to the PROJECT pipeline situated in a vault located at or near the intersection of Highway 133 and the COUNTY' S Road P-26 (such point of connection hereinafter being referred to as "the POINT-OF-DELIVERY"). The NRD also shall have the right to install one or more connections to the WATER TOWER SUPPLY MAIN between the POINT OF DELIVERY and the WATER TOWER, without any charge being made by the CITY. 17. CITY'S PROJECT REIMBURSEMENTS. The CITY shall reimburse and pay to the NRD: a) All of the costs and expenses (excepting twenty per-cent ZO% or Two Hundred Fifty Thousand Dollars ($250,000) thereof, whichever is less) incurred by the NRD for:. (i) design, construction and installation of the WATER TOWER, the WATER TOWER SUPPLY MAIN and the POINT OF DELIVERY, as such costs and expenses are reasonably determined by the ENGINEERS; (ii) acquisition of the WATER TOWER site, the WATER TOWER SUPPLY MAIN right-of--way and the POINT OF DELIVERY site, as such costs and expenses are reasonably determined by the NRD; and, (iii) the costs of interim financing of the WATER TOWER and the WATER TOWER SUPPLY MAIN and the sites and rights-of--way therefor. Such reimbursement shall be paid to the NRD in ten (10) equal annual installments, the first such installment to be due and payable to the pxu31230ag 9 NRD fifteen (15) days prior to the closing of the NRD'S issuance of revenue bonds for PROJECT costs and expenses, with the remaining equal annual installments respectively to be due and payable in the nine succeeding years thereafter on the same day of the year as the day such first installment was due and with simple interest on the unpaid balance at that rate of interest (the "Match Rate") in each year which matches the NRD's interest cost for those revenue bonds of the NRD issued to pay costs of the Project falling due within such period of nine succeeding years and within six months after the end of such nine year period (the "Match Rate Period"). The Match Rate shall be calculated annually during the Match Rate Period based upon the then outstanding revenue bonds and their respective interest rates as issued by the NRD to pay costs of the Project and shall apply for each of those one year periods within the Match Rated Period based upon annual principal maturity dates for such revenue bonds, with the Match Rate changing as each principal maturity occurs. b) One-half of all the costs and expenses incurred by the NRD for the design aid construction of the PRINCIPAL -MAIN EXTENSION and all of the costs and expenses incurred by the NRD for the design and construction of the PROJECT. NO. 1 MODIFICATIONS, as such costs and expenses are reasonably determined by the ENGINEERS, including the costs of interim financing of such portions of the PROJECT'S design and construction costs and expenses. Such reimbursement shall be paid to the NRD in ten (10) equal installments, on the same payment schedule as provided in the above subparagraph, all with simple interest on the unpaid balance at Match Rate, payable with each installment of principal. 18. ISSUANCE OF WATER REVENUE BONDS OF THE CITY AND PAYMENT OF PROJECT COST5. The NRD may at its option require the CITY to evidence the unpaid balance of its reimbursement and contribution obligations under this Agreement by the issuance to the CITY of revenue bonds of the City's water system pxu31230ag I 0 having equal payment status with all other bonded obligations of such system as of the time of delivery of such water revenue bonds of the CITY. Except for the above- specified reimbursements by the CITY, and except for the below-specified (a) contributions of the CITY towards the costs of oversizing the PRINCIPAL MAIN and (b) contributions of the COUNTY towards the costs of oversizing the ARTERIAL MAINS, the NRD shall finance and pay all costs of design and construction of the PROJECT without reimbursement by the other PARTIES. 19. CITY'S PROJECT CONTRIBUTION. As the CITY'S contribution towards the NRD' S costs of oversizing the PRINCIPAL MAIN (hereinafter referred to as "the CITY'S PROJECT CONTRIBUTION"), the CITY shall reimburse and pay to the NRD all costs and expenses incurred by the NRD in oversizing the PRINCIPAL MAIN to a nominal twelve inches (12"), as such costs and expenses are reasonably determined by the ENGINEERS, together with the costs of interim .financing such oversizing of the PRINCIPAL MAIN. Such PROJECT CONTRIBUTION shall be paid to the NRD in ten (10} equal annual installments on the same payment schedule as provided in paragraph 17, above, for CITY reimbursements, all with simple interest on the unpaid balance at the Match Rate, payable with each installment of principal. 20. COUNTY'S PROJECT CONTRIBUTION. As the COUNTY'S contribution towards the NRD' S costs of oversizing the ARTERIAL MAINS (hereinafter referred to as "the COUNTY'S PROJECT CONTRIBUTION"), the COUNTY shall advance to the NRD the sum of Two Hundred Thousand Dollars {$200,000.00), such advance to be paid to the NRD in ten equal annual installments on the same payment schedule as provided in paragraph 17, above, for CITY reimbursements, all with simple interest on the unpaid balance at the rate of four per cent (4.0%) per annum, payable with each installment of principal. 21. REBATE OF PROJECT CONTRIBUTIONS. Commencing on December 31, 2006, and on December 31St of each succeeding year thereafter, the NRD pX,~ izsoag 11 shall rebate to the CITY and COUNTY proportionate shares of the first Fifteen Hundred Dollars ($1,500) of each PROJECT hook-up fee paid during the prior NRD fiscal year by water users enabled to be served by the PROJECT, the CITY'S and COUNTY'S shares of each such rebated amounts to be proportionate to the relative amounts of their PROJECT CONTRIBUTIONS; provided, however, such rebates due on December 31, 2006, shall include the CITY'S and the COUNTY'S proportionate shares of PROJECT hook-up fees paid during the period from May 1, 2004 -June 30, 2006. Such rebates shall be made annually until the principal of the CITY'S PROJECT CONTRIBUTION and of the COUNTY'S PROJECT CONTRIBUTION have been fully repaid, without interest. The NRD shall not be required to make any such rebate payments under THIS AGREEMENT during any period the NRD is in default of any payment for principal and interest on any revenue bonds issued by the NRD to pay costs of the Project. 22. EFFECT OF PROJECT CONTRIBUTION. Except as otherwise specifically provided in THIS AGREEMENT, a PROJECT CONTRIBUTION paid by a PARTY to the NRD shall constitute the sole contribution of such PARTY towards, and sole liability for, the costs of PROJECT design, construction and rights-of--way. 23. RECORDS AVAILABILITY. The NRD'S records of PROJECT receipts and expenditures shall be made available to the other PARTIES for their inspection and copying at all reasonable hours for a period of ten years after final completion of PROJECT construction. 24. QUANTITIES. The CITY agrees to deliver water in the quantities as required by the NRD at the POINT-OF-DELIVERY at pressures of not less than 60 pounds per square inch and not more than 78 pounds per square inch, at 1,360 feet above mean sea level, according to the National Geodetic Vertical Datum of 1929. The NRD will operate its system so that water may be received at the POINT-OF-DELIVERY at any pressure within such range of pressures. Water meters will be installed by the NRD at the POINT-OF-DELIVERY to calculate and record the amount of NRD water pxu31230ag 12 consumed by the PROJECT, after deduction of any flows back to the CITY SYSTEM through-the POINT-OF-DELIVERY. The NRD shall at all times operate its system and controls so as to avoid pressure surges on the CITY SYSTEM; and, the CITY shall at all times operate its system and controls so as to avoid pressure surges on the NRD' S system. The operation of valves and equipment at the POINT-OF-DELIVERY shall be by the CITY'S personnel only. The CITY shall .not be held liable to the NRD for damages resulting from its failure to deliver water at the POINT-OF-DELIVERY because of accident, vandalism or other cause beyond the reasonable control of the CITY. 25. EMERGENCY REDUCTIONS. The NRD agrees to accept reduced deliveries at the POINT-OF-DELIVERY when, due to unusual system demands during extreme climatic conditions, fire flows or emergency situations, to continue such deliveries would seriously impair the CITY'S service to its other customers, it being understood that all users dependent upon the CITY for water supply will share the shortages as proportionately as possible given the limits of the CITY'S controls. 26. WATER QUALITY. Water delivered by the CITY to the NRD will be of quality and chemical content equivalent to that provided to the other customers of the CITY. No change in water quality will be made to satisfy any special requirements of the NRD. The CITY will be responsible to insure that the quality of its water delivered to the NRD satisfies all CITY, State and Federal rules and regulations. The NRD shall take whatever steps are necessary, and bear any expense required, to insure that there are sufficient flows of water in its system to maintain the palatability of water within its system. The CITY shall reimburse the NRD for the reasonable expenses incurred by the NRD in purging the PROJECT'S mains and lines of any water delivered to the NRD by the CITY that fails to meet the standards provided by THIS AGREEMENT. 27. APPROVAL FROM STATE DEPARTMENT OF HEALTH & HUMAN SERVICES. The NRD shall have the responsibility for obtaining from the Department of Health & Human Services of the State of Nebraska any approvals for the pxu31230ag 1 3 delivery of water under this agreement that may be required, prior to delivery of any water hereunder, and shall perform at its own expense any testing or monitoring of water quality which maybe required beyond the POINT-OF=DELIVERY. 28. WATER RATES. The NRD shall pay to the CITY Eighty-Four Cents ($0.84) for each thousand gallons (i.e., $0.63 for each 100 cubic feet} of water received by the NRD from the CITY at any time during the first 5 years after commencement of actual use of water by the NRD pursuant to THIS AGREEMENT; and, the NRD shall pay to the CITY Ninety-Five Cents ($0.95) for each thousand gallons (i.e., $0.71 for each 100 cubic feet) of water received by the NRD from the CITY at any time during the second 5 years after commencement of actual use of water by the NRD pursuant to THIS AGREEMENT. In the event of a general rate increase to all users of water services from the CITY SYSTEM, and after at Ieast 60 days written notice to the NRD, the rate for water received by the NRD from the CITY shall be increased by the same percentage as such general rate increase. Monthly billings to the NRD shall begin upon actual use of water by the NRD and the NRD shall pay each of such bills within 45 days after its receipt thereof. 29. CONSENT OF CITY. The CITY consents to the NRD' S sale and delivery of water, furnished hereunder, to the NRD' S customers within the PROJECT AREA boundaries set out in Exhibit "A" attached hereto, and to such other persons outside the current boundaries of the PROJECT AREA, and outside the CITY' S boundaries, as are able to be served via the ARTERIAL MAINS. 30. PROJECT OWNERSHIP, OPERATION AND MAINTENANCE. After final completion of construction of the PROJECT or respective separable portions thereof, and acceptance of the same from the PROJECT CONTRACTORS: a) Until final payment of the debt evidenced by the revenue bonds and any refunding bonds issued by the NRD to pay the original costs of the Project, the NRD shall own all the portions of the PROJECT including the WATER pxu3123oag 14 TOWER, the WATER TOWER SUPPLY MAIN, and the POINT-OF- DELIVERY vault and the equipment therein (such WATER TOWER, WATER TOWER SUPPLY MAIN and the POINT OF DELIVERY are herein collectively referred to as the "CITY PORTIONS OF THE PROJECT"). b} The NRD, at its sole cost and expense, shall permanently operate, maintain, repair, replace and regulate all portions of the PROJECT except the CITY PORTIONS OF THE PROJECT, all in accordance with generally-accepted engineering practices and Nebraska statutes, identified above, governing natural resources district special improvement water supply projects. c) Upon final payment of the debt evidenced by the revenue bonds and any refunding bonds issued by the NRD to pay the original costs of the PROJECT, the NRD, without any further consideration, shall grant and convey to the CITY all the CITY PORTIONS OF THE PROJECT, as built, and the sites thereof. d) After completion of the PROJECT, the CITY, at its sole cost and expense, shall permanently aperate, maintain, repair, replace and regulate all the CITY PORTIONS OF THE PROJECT as a part of the CITY'S water system, in such manner as to provide all necessary water and water pressure for the PROJECT'S water system, all in accordance with THIS AGREEMENT, the AS- BUILT PLANS and generally accepted engineering practices. The NRD shall have a key and the right to access such equipment at all times and shall report to the CITY any malfunction noted. 31. CITY TAKEOVER OF PROJECT. Except for the CITY PORTIONS OF THE PROJECT,. the CITY shall not take over any portion of the PROJECT from the NRD if to do so would sever the PROJECT and leave any portion of the PROJECT as an uneconomic remnant. If the CITY is required by law or regulation to compensate the NRD for the value of any such portion taken over by the CITY, such value shall not be deemed to be less than the greater of (a) its depreciated capital cost, as reasonably determined by the NRD in its sole discretion, depreciated in equal annual installments pxu31230ag ~ 5 over a useful life of 50 years; or (b) the unpaid balance of any bonds or other indebtedness incurred or refunded by the NRD for the PROJECT. 32. INDEMNIFICATIONS. (a) The NRD shall defend, indemnify, and hold each of the other PARTIES harmless from and against all costs and expenses, including attorneys fees, resulting .from claims, demands or causes of action for personal injury or property damage arising out of or resulting from the design and construction of the PROJECT or from the operation, maintenance, repair, replacement, or regulation of all the portion(s) of the PROJECT except the CITY PORTIONS OF THE PROJECT, except such personal injuries or property damages as may be caused by the sole negligence of such other PARTY; and, (b) the CITY shall defend,. indemnify, and hold the other PARTIES harmless from and against all costs and expenses, including attorneys fees, resulting from claims, demands or causes of action for personal injury or property damage arising out of or resulting from the operation, maintenance, repair, replacement, or regulation of the CITY SYSTEM and the CITY PORTIONS OF THE PROJECT, except such personal injuries or property damages as may be caused by the sole negligence of such- other PARTY. 33. CO5TS OF EMERGENCY USE OF PROJECT. Within thirty (30) days after the NRD' S written demand, the CITY shall reimburse and pay to the NRD all MUD fees and charges for water, pumping costs, and other extraordinary costs, expenses and liabilities incurred by the NRD as a result of emergency use of the PROJECT to convey MUD water to the CITY SYSTEM. 34. PROJECT RISK OF LOSS. After substantial completion of construction of the PROJECT, the sole risk of loss of or damage to any portion of the PROJECT shall be borne by the PARTY which, under THIS AGREEMENT, has the duty to provide operation, maintenance, repair, replacement or regulation of such portion of the PROJECT, whether such loss or damage results from accident or other casualty whatsoever. pxu31230ag 16 35. NONDISCRIMINATION. The PARTIES shall not, in the performance of THIS AGREEMENT, discriminate or permit discrimination in violation of federal or state laws or local ordinances because of race, color, sex, age, political or religious opinions, affiliations or national origin. 36. CAPTIONS. Captions used in THIS AGREEMENT are for convenience and are not used in the construction of THIS AGREEMENT. 37. APPLICABLE LAW. In performing THIS AGREEMENT the PARTIES shall conform to all applicable state and federal laws, rules and regulations. 38. MODIFICATION. THIS AGREEMENT contains the entire agreement of the PARTIES. No representations were made or relied upon by any of the PARTIES other than those expressly set forth herein. No agent, employee or other representative of any PARTY is empowered to alter any of the terms hereof unless done in writing and signed by an authorized officer of such PARTY. 39. INVALID PROVISIONS. In the event that any covenant, condition, or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such covenant, condition, or provision herein contained shall not affect the validity of the remainder of the covenants, conditions or provisions of THIS AGREEMENT which .shall in all respects remain a legally binding agreement with the invalid portion being deleted; provided that the validity of any such covenant, condition, or provision does not materially prejudice any of the PARTIES in its respective rights and obligations contained in the valid covenants, conditions, or provisions of THIS AGREEMENT. 40. NON-WAIVER. No delay or failure by any of the PARTIES to exercise any right under THIS AGREEMENT, and no partial or single exercise of that right, shall constitute a waiver of that or any other right unless otherwise expressly provided herein. pxu31230ag 17 A valid waiver by any of the PARTIES shall not be deemed to extend the amount of time available to perform any other act required under THIS AGREEMENT. 41. FURTHER AGREEMENTS. Each of the PARTIES will, whenever and as often as the other may request, execute, acknowledge and deliver or cause to be executed, acknowledged and delivered any and all such further conveyances, assignments or other instruments and documents as the requesting party may determine to be necessary, expedient or proper in order to complete any and all conveyances, transfers, and assignments herein provided, and do any and all other acts and to execute, acknowledge and deliver any other documents so requested in order to carry out the intent and purposes of THIS AGREEMENT. 42. TIME I5 OF THE ESSENCE. Time is expressly declared to be of the essence of THIS AGREEMENT. 43. DEFAULT. If the any of the PARTIES fails to comply with any provision of THIS AGREEMENT after reasonable request for performance. has been served on such party, the remaining PARTIES may seek specific performance of THIS AGREEMENT upon written notice to the other PARTIES. 44. EFFECTIVE DATE AND TERM. THIS AGREEMENT shall become effective upon its execution by all PARTIES, and shall be extended for the term hereof as set forth above. 45. NOTICES. Notices to the respective parties provided for in THIS AGREEMENT shall be sufficient if sent by certified or registered mail, postage prepaid, addressed as follows: To the NRD: Steven G. Oltmans, General Manager Papio-Missouri River NRD 8901 South 154th Street Omaha, Nebraska 68138-3621 pxu31230ag 1 8 a ~, ~ To the COUNTY: Duane `Harlow' Wilcox Chairperson, Board of Supervisors P.O. Box 466 Blair, NE 68008 To the CITY:. Allen Schoemaker, Director of Public Works City of Blair 218 S. 16~` Street Blair, NE 68008 or to such other respective representatives} or addres(s) as the respective PARTY may designate to the other PARTIES from time to time in writing. IN WITNESS WHEREOF THIS AGREEMENT is executed by the NRD on S"' 2004 PAPIO-MISSOURI RIVER NATURAL RESOURCES DISTRICT By General Manager THIS AGREEMENT is executed by the. COUNTY on / - 13 _ ,.2004 • By Chi erson, Boar of Supervisors `~~~~.~q~ ~~ Coun Jerk COUNTY O WASHINGTON, NEBRASKA pxu31230ag 19 THIS AGREEMENT is executed by the CITY on UCH' ~ , 2004 CITY OF BLAIR, NEBRASKA By Attest: ayor City Clerk pxu31230ag 20 i