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RES 2009-0764 - Interceptor sewer purchase agmt with Lanoha Real Estate Company Inc and SID 520 0 Public Works Department • * l',AP "' =( ill (' Oinaha/Douglas Gvic Center e n 17'". , „ ' ``` 1819 Famam Street,Suite 601 Omaha,Nebraska 68183-0601 j A July 14, 2009 09 JUL _8 PH 12: 30 (402)444-5220 t,: '_:,; L:.',�. Fax(402)444-5248 'Po D-d"seNa'' C I T 7 CLERK City of Omaha O M A H , E 4 S 1 A Robert G.Stubbe,P.E. Public Works Director Jim Suttie,Mayor Honorable President and Members of the City Council, The attached Resolution approves the Interceptor Sewer Purchase Agreement among Lanoha Real Estate Company, Inc., Sanitary and Improvement District (S.&I.D.) 520 of Douglas County, Nebraska and the City of Omaha. This agreement allows for the reimbursement to S.&I.D. 520 from the City for the construction of an interceptor sewer. The amount to be reimbursed to the S.&I.D. is$1,447,440 and shall be paid form the Interceptor Sewer Construction, Organization 116921, Fund 12133. The Public Works Department requests your consideration and approval of the attached Resolution and Subdivision Agreement. 1 Respectfully submitted, This action has been reviewed and found to be in conformance with the Master Plan. 3-I-0 7.7•d°y 't:1, obert� P.E. 410.44 Date 6,itevenN. Jens-n AIC: LA Date Public Works Director Planning Direct• Approved as to Funding: Referr-ci &it ity Cc : cil for Consideration: C:-A ...k 0,"Vo--0,__ --e )t)09‘ \ , lailki ( 8 2,0v1 Carol A. Ebdon Date - Mayo Giro- i D.to Finance Director P:\msp\1135msp.doc e U. S. Department of Housing and Urban Development for Neighborhood Stabilization Program 2 federal grant funds is approved and the Mayor is authorized to execute said Consortium Agreement. APPROVED AS TO FORM; -0 B b771.10 , , •..f member ASSISTANT CITY ATTORNEY DATE Adopte J� 4 2U0 -7"® NAm Z9T R oTution Irk r City C e 7A5M9 Approved. . Mayor rties, with the agreement taking effect on the latest date of signature by any of the parties. [Consortium Agreement for NSP 2 Application to HUD for Program Funding 06/29/09 version—Page 3 of 6] cial executing this agreement to enter into this first consortium agreement. By execution of this agreement, the signing official [Consortium Agreement for NSP 2 Application to HUD for Program Funding 06/29/09 version—Page 2 of 6] d within three months of the date of the order. It is the City's intent to have fully stocked salt storage facilities by mid November, 2009. It is the City's ract Compliance Ordinance and have on file with the Human Rights& Relations Department the Contract Compliance Report(Form CC-I). This report shall be in effect for 24 months from the date received by the Human Rights& Relations Department. Any questions regarding the Contract Compliance Ordinance should be directed to the Human Rights&Relations Department at(402)444- 5055. 'Refer any Questions regarding the BID or SPECIFICATIONS directly to the Purchasing Department(4021444-7155 or as shown on bid. • (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms NET o 30 D. Firm: NEBRASKA SALT & GRAIN CO. ncorporated In:1:132SLA Delivery(or completion) Name:NORMAN GEIKEN Signature: ) c Title: PRESIDENT Phone: 308-537-7191 Fax: 308-537-7193 UPON REQUEST Address: 115 W. 16TH ST. GOTHENBURG NE 69138-1302 (} Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 INTERCEPTOR SEWER PURCHASE AGREEMENT FOR SID 520,THE SANCTUARY • This agreement is made as of this J/ 'day of , 2009, pursuant to the Interlocal Cooperation Agreement Act, Section 13-801 throu h 13- 07 of the Revised Statutes of Nebraska, 1943 (Reissue of 1991) between THE CITY OF OMAHA(herein referred to as the "City"), LANOHA REAL ESTATE COMPANY INC. (herein referred to as Subdivider) and SANITARY AND IMPROVEMENT DISTRICT NO. 520, OF DOUGLAS COUNTY, NEBRASKA (herein referred to as"District"). WHEREAS, the City has previously employed HD&R, consulting engineers, to prepare a study of Omaha's future and present sanitary sewer system which resulted in a study known as "Sanitary Interceptor Sewer Master Plan, Papillion Creek Watershed, Omaha, Nebraska 1979" • and revised in 1990, 1993, 1997, 2000, 2003, 2005 and 2009 (herein referred to as the"Study"); and WHEREAS, on May 19, 2009, the City Council of the City of Omaha approved the City of Omaha's Master Plan, Sanitary Interceptor Sewer Element which adopted the Study with,such modification and inter alia established new sewer connection fees for all properties lying outside • • the City limits of Omaha and outside Zones A, B and C of the Urban Development Policy; and WHEREAS, the purpose of such new construction fees is.to establish Interceptor Sanitary Sewer Improvement Fund for the purpose of building new Interceptor Sanitary Sewers and for the purchase of existing interceptor sized sewers called for in the Study; and WHERAS, the Study provides for the purchase of the District's Interceptor Sewer as shown on Exhibit"A"; and WHEREAS, The District is requesting reimbursement for monies expended for the Interceptor Sewer extension. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the following is agreed between the parties hereto: 1. Reimbursement Procedures: A. District has or will expend $1,447,440 (which includes $27,563 for city requested operations, maintenance and expansion manuals) to build an Interceptor Sewer Extension (as shown on Exhibit"A")contained in the Study. As this project is now included as an approved Interceptor Project, the City shall reimburse the District for monies already spent on construction and related soft costs as shown below. The City shall reimburse the District within 30 days of City approval of this agreement and Public Works Department acceptance. Actual cost shall include District's direct cost of construction plus engineering, legal, fiscal, publication and right-of-way acquisition. B. It is understood by the District and the City that the source of repayment shall be limited to the Interceptor Sewer Improvement Fund only, the District will not look to the City for any other grant, reimbursement, or annexation. C. Upon receipt of District monies already expended, the District shall forthwith deposit the funds in the District's construction account to be used by the District, in the exercise of sound business judgment, to redeem construction fund warrants. The reimbursement funds received may be placed in a separate escrow account or commingled with other funds in the District's construction fund, but shall be separately accounted for in the records maintained by the Board of Trustees in the District's audit. 1 • i , letion) Name:NORMAN GEIKEN Signature: ) c Title: PRESIDENT Phone: 308-537-7191 Fax: 308-537-7193 UPON REQUEST Address: 115 W. 16TH ST. GOTHENBURG NE 69138-1302 (} Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 1 _ F ` D. Upon payment by the City, the City shall be granted and they shall accept control and continue operation of the facility including, but not limited to, the right to establish fees to be charged to others by the District for connection to the sewer lines. All such connection fees shall inure to the City, but shall be deposited in the Interceptor Sanitary Sewer Improvement Account. Upon completion and final acceptance, the District shall convey by proper legal instrument all its right, title and interest in such improvements to the City. However,.until any such time; if ever, that the District is annexed by the City, the District shall remain responsible • for all reasonable City costs and expenses associated with the operation and maintenance of the Regional Lift Station and force main as provided in paragraph 17d of the September 2006 Wastewater Service Agreement between the District, the City, and the former City of Elkhorn (for which the City has become the successor). E. Reimbursement Procedures. The District hereby certifies that the final costs to . • complete the construction of the portion of the approved project built by District to. be$1,447,440 as follows: • Construction Costs= $1,049,512 Engineering/Testing= 260,653 Legal = 66,963 Fiscal = 70,312 • Interest= 0 TOTAL = $1,447,440 • 2. Easement and Right-of-Way.All right-of-way and or easements have been dedicated or granted by the Subdivider on the plat for The Sanctuary or obtained in the name of the City of Elkhorn (subsequently annexed by Omaha) and the District. 3. Nonsolicitation Provisions. The District warrants that it has not employed or retained any company or person, other than a bona fide employee or known working for the District, to solicit or secure this Agreement, and that it has not paid or agreed to pay or person, other that a bona fide employee or known agent workingfor anycompany9 the District, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to i annul this Agreement without liability. The District shall require the same warranty from each contractor with whom it contracts in any way pertaining to the improvements constructed hereunder. The prohibition provided for herein shall not apply to the retention of an attorney or other agent for the purpose of negotiation the provisions of this Agreement where the existence of such agency has been discussed to the City. 4. Miscellaneous Provisions. The District expressly agrees that it is and shall be: A Bound by and to any provision of any ordinances, rules and regulations hereafter made and adopted by the City applicable to Sanitary and Improvement Districts whose sewers connect directly or indirectly with or into sewers or sewerage systems of the City. B Bound by any terms and provisions which by ordinances, resolution or rule of the City shall contract with Sanitary and Improvement Districts or in order to permit or continue the discharge of any sewage from Sanitary and Improvement Districts to flow into or through any part of the sewer or sewerage systems of the City. 5. Nondiscrimination. The District shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, 2 Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 Y • or political or religious opinions or affiliations in violation of federal or state laws or local ordinances. 6 Applicable law. This Agreement shall be interpreted in accordance with the Nebraska law. IN WITNESS WHEREOF,we, the contracting parties, by our respective duly authorized agents, hereby enter into this Agreement effective on the day and year first above written. ATTES . OP By 6 09 City Clerk Date t a '�r Date • ATTEST: SANITARY AND IMPROVENMENT DISTRICT NO. 520 OF DOUGLAS COUNTY, NEBRASKA By oet/tZ���j By on P. Lanoha Clerk Date avid . Lan ha, Chairman Date LANOHA REAL ESTATE COMPANY INC., A Nebraska Corporation By b'L�oGI avid . La oha, President Date • APPROVED AS TO FORM: Attorney Date • • ct, the City, and the former City of Elkhorn (for which the City has become the successor). E. Reimbursement Procedures. The District hereby certifies that the final costs to . • complete the construction of the portion of the approved project built by District to. be$1,447,440 as follows: • Construction Costs= $1,049,512 Engineering/Testing= 260,653 Legal = 66,963 Fiscal = 70,312 • Interest= 0 TOTAL = $1,447,440 • 2. Easement and Right-of-Way.All right-of-way and or easements have been dedicated or granted by the Subdivider on the plat for The Sanctuary or obtained in the name of the City of Elkhorn (subsequently annexed by Omaha) and the District. 3. Nonsolicitation Provisions. The District warrants that it has not employed or retained any company or person, other than a bona fide employee or known working for the District, to solicit or secure this Agreement, and that it has not paid or agreed to pay or person, other that a bona fide employee or known agent workingfor anycompany9 the District, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to i annul this Agreement without liability. The District shall require the same warranty from each contractor with whom it contracts in any way pertaining to the improvements constructed hereunder. The prohibition provided for herein shall not apply to the retention of an attorney or other agent for the purpose of negotiation the provisions of this Agreement where the existence of such agency has been discussed to the City. 4. Miscellaneous Provisions. The District expressly agrees that it is and shall be: A Bound by and to any provision of any ordinances, rules and regulations hereafter made and adopted by the City applicable to Sanitary and Improvement Districts whose sewers connect directly or indirectly with or into sewers or sewerage systems of the City. B Bound by any terms and provisions which by ordinances, resolution or rule of the City shall contract with Sanitary and Improvement Districts or in order to permit or continue the discharge of any sewage from Sanitary and Improvement Districts to flow into or through any part of the sewer or sewerage systems of the City. 5. Nondiscrimination. The District shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, 2 Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 . , 4 1 II III • , .• . . , .\,/ A / . \ / Ili I' 1 \ , _ \ .---..\./ ----- ,., 1 i T fr------.: I I -. i 1 - ----/ 1 -/ - , ,t-- ----,/ )1 . .1 / ./' / 4 , ,,,,-4._ 1 , \,, , ______ jt.------>,',/-.. i\I , ;I •T . I\ - 1. . . \ Ti—r--- ,---. 1 i , - - If_ A al , It 1 :41 ' • \ I . I rt I 1 ,o. a I i I, i 1\ Ix 1 , t . 1 It \\\ I 1 i-- ---j--- —T -Hi 1 1 1 17 f, \ \ \, , ; • W'1 ---- - -\ , I i , , , 1 1 \ H -I- I 1 . i ' • i L : ,-, \ \ ../.-, , , ,----, -,--- —, ----_, - - , L , L„Lei•42istc•crde. ..-.,‹ , ) '--, —1 1 1 ' \'-7\ • ,...-, \ • . 1 \i___I 1 , ,,, ....•, • . I - ti I, - 1 ,iameg tow,\, \ i?l_i i ',,• ; ----', ____ i \ 1 ,----H L___L' i J _. i \ L____L---"T-\.e, \ \ all_ , c, ,-;---.; 1-----i , , i, Li 1L___\ , __ t ..., ..„... M./ll ...en THE SANC t.• MU?. 0 0. {,,,,,,,,, TUARY E&A CONSULTING GROUP,INC. r-t, rn ENrIIBIT'A' ENGINEERS•PLANNERS•SURVEYORS OUTFAIL SEWER-ROTION ,OveLHIly 33..3.44.1,1712.131;20 I O.,.R. MO 50,T16,11,T.S.VI D ,....--.—..... ..._,...._... ../.1030,I.MES... ..1.41134T thS.3.,.1.11•I-. 0. FAA 14311.1. 1..0%1 ISta.,10 eement. For breach or violation of this warranty, the City shall have the right to i annul this Agreement without liability. The District shall require the same warranty from each contractor with whom it contracts in any way pertaining to the improvements constructed hereunder. The prohibition provided for herein shall not apply to the retention of an attorney or other agent for the purpose of negotiation the provisions of this Agreement where the existence of such agency has been discussed to the City. 4. Miscellaneous Provisions. The District expressly agrees that it is and shall be: A Bound by and to any provision of any ordinances, rules and regulations hereafter made and adopted by the City applicable to Sanitary and Improvement Districts whose sewers connect directly or indirectly with or into sewers or sewerage systems of the City. B Bound by any terms and provisions which by ordinances, resolution or rule of the City shall contract with Sanitary and Improvement Districts or in order to permit or continue the discharge of any sewage from Sanitary and Improvement Districts to flow into or through any part of the sewer or sewerage systems of the City. 5. Nondiscrimination. The District shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, 2 Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,Lanoha Real Estate Company,Inc. has built a subdivision known as The Sanctuary located southwest of 226"' Street and West Center Road; and, WHEREAS, Sanitary and Improvement District (S.&I.D.) 520 was formed to build public improvements in this subdivision, specifically an sanitary interceptor sewer; and, WHEREAS, The sanitary interceptor sewer constructed by the District has been included in the update to the Sanitary Interceptor Sewer Element ofthe Master Plan as an extension to Link#364; and, WHEREAS, The District is eligible for, and requests reimbursement for the construction and associated costs; and, WHEREAS, an Agreement has been prepared setting forth all the provisions mentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT,the Interceptor Sewer Purchase Agreement among the City of Omaha,Lanoha Real Estate Company,Inc. and Sanitary and Improvement District 520 ofDouglas County,Nebraska, as recommended by the Mayor,providing for the reimbursement for Interceptor Sewer Construction is hereby approved. The City shall reimburse S.&I.D. 520 the amount of$1,447,440 from the Interceptor Sewer Construction, Organization 116921, Fund 12133. The sewer is identified as a portion of link#364 in the Sanitary Sewer Element of the Master Plan and is located west of 204th Street and West Center Road. P:\msp\1136msp.doc APPROVED S TO FORM:. CITY ATTORNEY AT eff: apAr Adopted UL.. .. 2009 City Clerk?//e Approve Mayor , , i, Li 1L___\ , __ t ..., ..„... M./ll ...en THE SANC t.• MU?. 0 0. {,,,,,,,,, TUARY E&A CONSULTING GROUP,INC. r-t, rn ENrIIBIT'A' ENGINEERS•PLANNERS•SURVEYORS OUTFAIL SEWER-ROTION ,OveLHIly 33..3.44.1,1712.131;20 I O.,.R. MO 50,T16,11,T.S.VI D ,....--.—..... ..._,...._... ../.1030,I.MES... ..1.41134T thS.3.,.1.11•I-. 0. FAA 14311.1. 1..0%1 ISta.,10 eement. For breach or violation of this warranty, the City shall have the right to i annul this Agreement without liability. The District shall require the same warranty from each contractor with whom it contracts in any way pertaining to the improvements constructed hereunder. The prohibition provided for herein shall not apply to the retention of an attorney or other agent for the purpose of negotiation the provisions of this Agreement where the existence of such agency has been discussed to the City. 4. Miscellaneous Provisions. The District expressly agrees that it is and shall be: A Bound by and to any provision of any ordinances, rules and regulations hereafter made and adopted by the City applicable to Sanitary and Improvement Districts whose sewers connect directly or indirectly with or into sewers or sewerage systems of the City. B Bound by any terms and provisions which by ordinances, resolution or rule of the City shall contract with Sanitary and Improvement Districts or in order to permit or continue the discharge of any sewage from Sanitary and Improvement Districts to flow into or through any part of the sewer or sewerage systems of the City. 5. Nondiscrimination. The District shall not, in the performance of this Agreement, discriminate or permit discrimination against any person because of race, sex, age, 2 Street/P.O.Box City State Email Address: nsg@nsgco.com er from not assign this Agreement or any of its rights or obligations hereunder a change shall be determined by mutual agreement, without the prior written consent of Qwest, which consent will not be 5. Termination. In the event Customer elects to.abandon the project and unreasonably withheld. Customer may not assign to a reseller or a terminate this contract for Customer's convenience, Qwest shall be paid for communications carrier under' any circumstances. This Agreement is all Work executed and any reasonable expense sustained as of the date of intended solely for Qwest and its affiliates and Customer and it shall not . termination. benefit or be enforceable by any other person or entity.All amendments to this Agreement shall be in writing and signed by the parties' authorized 6. Title to Equipment and Facilities. Title to, and ownership of all lines, representatives. Electronic-:or facsimilei-sjgriatures in:�connection with:this equipment and other property installed or constructed by Qwest in Wgreemetwahaltberecognizedandtreated#hesameas'the.original.Owes! connection with the Agreement or the provisioning of Service is and remains , may act in reliance upon any Instruction,instrument,or signature reasonably with Qwest. Customer does not own facilities placed as a result of the Work believed by Qwest to be genuine and Customer agrees that any employee of performed under the Agreement,those facilities are owned solely by Qwest. Customer who gives any written notice or other instruction has the authority to do so. 7. Other Communications Services. The Agreement Is Independent, separate, and distinct from any local exchange or other communications or 10: For Qwest Affiliate Transactions Only. If under applicable law, this other service Qwest currently provides, or may provide in the future to Agreement, or notice thereof, must be filed with a.governmental entity, Customer,whether or not Qwest provides or may provide such services to including but not limited to a state public utility commission,this Agreement Customer using the Qwest equipment and facilities to which the Agreement shall not become effective with respect to any jurisdiction having such. requirements until the filings have occurred. • • • • • • • • • Proposal ©2001 Qwest Corporation • Page 2 Version:05-16-08 ''d O Cri P �--� '—' c.n w 5'CS 5 r� 4t — to . N't� , "t 0 C O o 0 Z 'C VD n O f-1 c' to PJ N O N QCD CD C cD . tcn O C� CD w ( C A DA :4") OpO7T CDnNcpp"'"' i w CDa CD 0 N cp N •y O p Icoc w O r, co c� c� `\ A O 'ty O to . n CD • �l .G Pc aA-..) CD NN OD 05" �n op CD Q- . 0' Cr p Q.%O • nO `i �' O 0-t NJ n O O p • pOO N. .t a CD •COWc< p° r` , Q.. sv CD t. VJ . " Mayor