RES 2006-0463 - Agmt with SID 517 V
�DS1AHA,NEB
��; `1 41 Public Works Department
,^' r � Omaha/Douglas Civic Center
2 (t �,J - i N 1819 Farnam Street,Suite 601
00S (1*-"e =„r,� May 2, 2006 Omaha,Nebraska 68183-0601
9 0 4 (402)444-5220
R'7ED PE 2t.
Fax(402)444-5248
City of Omaha Robert G.Stubbe,P.E.
Mike Fahey,Mayor Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving a new Wastewater Service Agreement between
the City of Omaha (Omaha) and Sanitary and Improvement District No. 517 of Douglas County
(S&ID517)., known as the Hamptons and Southamptons, located east of 240th and
"9" Streets.
S&ID 517 is entering into an inter-local agreement with Douglas County and Omaha to construct
a Regional Lift Station and force main system to convey wastewater from certain areas of the
Elkhorn watershed of Douglas County to the Omaha wastewater treatment system. This
resolution authorizes Omaha to accept and treat the wastewater generated by the residents of
S&ID 517.
Monthly service charges will be based upon water consumption and MUD will direct bill the
individual customer at Omaha rates. The agreement details the service areas and number of lots
serviced. Any connections from outside of the area defined will require a service agreement
amendment or a new service agreement.
The Public Works Department requests your consideration and approval of the attached
Resolution and Agreement. .
Re lly submitted, Referred to City Council for Consideration:
—4 -,, , 01 --- 401- 3-464
Robert G. Stubbe, P.E.to Date Mayor's Office Date
Public Works Director`
Approved as to Funding: This action has been approved and found to
be in conformance with the Master Plan:
G, -A., 44 1 IL. `. .2s.Q4.
Carol A. Ebdon ! Date Steven N. Jensen Al Date
Finance Director `;\ Planning Director
P:\PW1\6475sap.doc
•
AGREEMENT FOR WASTEWATER SERVICE BETWEEN
•
SANITARY AND IMPROVEMENT DISTRICT NO. 517
OF DOUGLAS COUNTY, NEBRASKA
AND
CITY OF OMAHA, NEBRASKA
THIS AGREEMENT, made this c-2,v1 day ofaf� , 2006
by
and between SANITARY AND IMPROVEMENT DIS�CT�No. 517 OF DOUGLAS
COUNTY, NEBRASKA (hereinafter called "S&ID 517"), the CITY OF OMAHA, a Municipal
Corporation of the State of Nebraska (hereinafter called "OMAHA").
WITNESSETH THAT:
WHEREAS, OMAHA has constructed a wastewater treatment plant at the confluence
of the Papillion Creek and the Missouri River; and,
WHEREAS, S&ID 517 intends to enter into an Interlocal Cooperation Agreement with
the Douglas County, Nebraska and OMAHA to construct a Regional Lift Station and force
main system (RLS), to convey wastewater from certain areas of the Elkhorn Watershed of
Douglas County to the OMAHA wastewater treatment system; and,
WHEREAS, it is in the general public interest for the sewage of S&ID 517 to be
conveyed to and treated by OMAHA at the aforesaid Omaha Treatment Plant; and,
WHEREAS, the accomplishment of such an arrangement is authorized by law.
NOW, THEREFORE, in consideration of these facts, the parties hereto do mutually
agree as follows:
1) For the services hereinafter stipulated to be performed by OMAHA, S&ID 517 will comply
with the terms as set forth in the City of Omaha WASTEWATER SERVICE AGREEMENT
GENERAL PROVISIONS, dated November 1, 1994, a copy of which is attached hereto
and made part hereof, and make payment accordingly. In any case where terms of this
Agreement may conflict with the terms of the GENERAL PROVISIONS, this Agreement
shall prevail.
2) OMAHA shall provide sewage treatment services as called for in said GENERAL
PROVISIONS for the service area shown in Exhibit A-2006, prepared by S&ID 517 and
submitted to OMAHA. Development and connection to the sewer system for any
additional area outside of this service area must be provided for by amending this
agreement or by a new wastewater service agreement.
C'
3) S&ID 517 shall provide written notice to OMAHA by no later than 180 days prior to the
proposed connection of any additional lots that will discharge sewage through the S&ID
517 connection point, as shown on Exhibit A-2006.
4) S&ID 517 agrees that it shall at all times abide by any rules, regulations or requirements
imposed or amended by OMAHA concerning the connection to or use of sanitary ouffall
sewer, and shall pay any fees or charges lawfully imposed or amended by OMAHA for
the same. S&ID specifically agrees to pay any additional charges assessed for
dischargers located outside of the Papillion Creek Watershed if based on sound
engineering principles and determined as part of a future assessment of equitable
allocation of system costs, including but not limited to capitalization and expansion of
treatment facilities.
5 S&ID 517 shall pay to OMAHA any applicable connection fees prior to the development
and connection of any additional lots that will discharge sewage through the S&ID 517
connection point, as shown on Exhibit A-2006. Connection made prior to completion of a
necessary signed Interceptor Connection agreement shall be subject to inspection fees
ten times the current fees for interceptor connections.
6) S&ID 517 shall obtain water service from the Metropolitan Utilities District (MUD) and
allow water from no other source to be discharged to the sanitary sewer system. Charges
for sewer service for all customers within S&ID 517 shall be based upon water
consumption. MUD will direct bill sewer charges, at rates now and hereafter established
in the Omaha Municipal Code, currently Section 31, Article IV, to individual customers of
S&ID 517 on OMAHA's behalf.
7) In addition to sewer service charges collected for OMAHA as described in Section 6,
S&ID 517 may collect from system users a separate RLS fee for the equitable recovery of
maintenance, repair and operation costs for the lift and force main system. The above
fees may be amended annually to reflect the actual costs incurred as well as changing
population projections.
8) S&ID 517 shall remain solely responsible for the operation and maintenance of its sewer
lift stations, including the RLS and force mains, and agrees to notify OMAHA of any
change in pump operation that may impact the discharge rate thereof. S&ID 517 agrees
to cooperate with OMAHA to optimize pumping rates and cycle frequencies to minimize
odors and corrosion due to anaerobic conditions. S&ID 517 shall provide inspection,
maintenance and repairs to its lift stations and force mains in accordance with an
OMAHA-approved schedule that is based on manufacturers' recommendations and
sound preventive maintenance practices. Records of all inspections, maintenance and
repairs shall be documented and made available for review by OMAHA at reasonable
hours.
9) Within 60 days of completion of construction of the RLS, S&ID 517 agrees to provide the
City with a performance bond in the amount of$50,000. OMAHA shall be allowed access
to S&ID 517 lift stations at reasonable hours. If S&ID 517 should fail to perform timely
and adequate maintenance or repairs to the lift stations or associated force mains, the
City, after providing a reasonable time for correction, may cause such maintenance or
repairs to be completed and recover from S&ID 517 or the Performance Bond any and all
such costs incurred. Said bond shall remain in effect for the duration of this agreement.
10)Any fines or penalties imposed by any Federal or State agency or court of competent
jurisdiction arising from the use, operation or maintenance of its collection systems or lift
stations shall be the responsibility of S&ID 517. To the extent allowed by law, S&ID 517
agrees to indemnify and hold OMAHA harmless from any claims associated with the
wastewater infrastructure owned by S&ID 517.
11)This Agreement is effective upon signing.
12)As provided by Nebraska law (R.R.S. §14-365.09), this agreement will, unless extended
as provided below, terminate ten (10) years after its effective date. This agreement may
be extended by written amendment. OMAHA acknowledges its sewage treatment system
is a public utility available without discrimination to members of specified classes.
Termination of sewage treatment will not be made without the approval of the appropriate
state or federal agencies having jurisdiction over wastewater pollution and treatment.
Termination of sewage treatment service will not be made before ninety (90) days
following written notice of such termination. It is acknowledged that during said period, if
negotiations produce no new agreement, the parties, or any one of them, may file an
action in any court having jurisdiction over the matter to provide equitable relief
concerning the issue of continued sewage treatment and the conditions and charges
appropriate thereto. Nothing in this paragraph will be construed as a limitation on the
regulations concerning sewage service and the appropriate rates pertaining thereto.
13)This is an agreement between the named parties hereto, enforceable only by them. No
third party beneficiaries are created or allowed to enforce this agreement or claim
damages for its breach.
b .
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
the proper officials thereunto duly authorized as of the dates below indicated.
EXECUTED BY S&ID 517 this /9 day of ri/ , 2006
ATTEST: S&ID NO. 517
Cler C
EXECUTED BY OMAHA this 4` day of , 2006.
ATTEST: CI OF OMAHA:
clatC ty Clerk, ,', . . yor
RECOMMENDED: APPROVED AS TO FORM:
, 0.4Z,Ktf_///
u lic Works Director Deputy City Attorney
CITY OF OMAHA
WASTEWATER SERVICE AGREEMENT
GENERAL PROVISIONS
NOVEMBER 1, 1994
SECTION I
THREE CLASSES OF USERS
Wastewater collection and treatment services described herein shall be offered by the City of Omaha,
hereinafter, referred to as the "City" to three classes of users. These classes are (1) Municipalities, (2)
Sanitary and Improvement Districts, and (3) Service Users, which shall consist of all users approved by
the City of Omaha, except Municipalities and Sanitary and Improvement Districts. Hereinafter, such users
will be referred to as the "Contributing System," unless the provisions are not applicable to all classes.
Such service will be offered by the City of Omaha to Municipalities, Sanitary and Improvement Districts
and the Sewer Service Users within or adjacent to areas served by existing and proposed facilities of the
Wastewater Treatment Systems of the City and shall include receiving, transporting, treating and
disposing of wastewater or sewage from the wastewater or Sanitary Sewage Systems of Municipalities,
Sanitary and Improvement Districts and Service Users in accordance with the terms and conditions of
these General Provisions and any Special Provisions in this Agreement.
SECTION II
CONTRIBUTING SYSTEM
The Contributing System shall be considered to be that portion of the wastewater and treatment facilities
within the Municipality or Sanitary and Improvement District or Service Users which flow to the point(s) of
connection to the City of Omaha's interceptor system.
SECTION III
CONTRIBUTING SYSTEM-OWNED FACILITIES
Contributing System-owned facilities shall be those facilities owned and operated by the Contributing
System including future additions and improvements thereto, and those facilities constructed by the
Contributing System in order to effect the interconnection with the Wastewater System of the City of
Omaha.
The Contributing System shall retain the responsibility for construction, operation, maintenance and
ownership of facilities comprising the contributing system and future additions thereto and shall retain all
contractual and managerial obligations associated with such Contributing System-owned facilities.
SECTION IV
CONNECTION APPROVAL
The Contributing System shall not make its connection to the system of the City until it is authorized in
writing by the City Public Works Director or his designee.
SECTION V
POINT OF CONNECTION
Subject to the conditions and provisions hereinafter specified, the Contributing System may connect its
Wastewater System to the Wastewater System of the City of Omaha only in such manner of such
materials and at such place as shown on Exhibit "A" hereof, which must receive the approval of the City of
Omaha prior to such connection, attached hereto and made a part hereof. Should a change of the point or
points of connection be required by the City of Omaha because of a change in the quality or quantity of
flow from the Contributing System, or should the Contributing System request additional points of
connection at some future date, such change(s) or additional connection(s) shall be made at the
expenditure of the Contributing System and as directed by the Public Works Department of the City of
Omaha. Any changes in such points necessitated by any changes in flow from the City shall be at the cost
of the City.
SECTION VI
ADDITIONAL CONNECTIONS
Service Users shall not allow any other party to connect to such user's system without the written approval
of the City of Omaha. Sanitary and Improvement Districts shall not allow any sewer lines or sewers
outside their boundaries as existing on the date of this Agreement or outside the area shown on the most
recent Exhibit "A" to be connected directly or indirectly to their Wastewater Systems without the written
approval of the City of Omaha.
Certification shall be given to the City from the consultant or design engineer of the Contributing System
that the addition of the additional connections will not overload or exceed design capacity of those sewers
being connected to.
Municipalities shall not allow any sewer lines or sewers outside of the Papillion Creek Watershed to be
connected directly or indirectly to their Wastewater Systems without the written approval of the City of
Omaha.
If and when Omaha determines that the then existing flow to the Papillion Creek Treatment Plant plus
potential flow from all subdivisions then connected to the Papillion Creek Sewer System or for which final
plats have been approved by their respective jurisdiction and which are planned for connection to the
Papillion Creek Sewer System equals or exceeds the capacity at that time of the Papillion Creek
Treatment Plant, Omaha will give notice to all Municipalities connected to the Papillion Creek System.
From that time forward, neither Omaha nor any other Municipality will approve any additional final plats
within their respective zoning jurisdictions and Omaha will not make any additional wastewater service
agreements or amend existing agreements to serve additional lots until the capacity of the Papillion Creek
Wastewater Treatment Plant is increased. The City of Omaha will include this provision in all wastewater
service agreements made between Omaha and other municipalities after the date of this Agreement.
SECTION VII
OMAHA'S RIGHT TO CONNECT
It is agreed that the City of Omaha shall have the right to connect any City sewers or those within its
zoning jurisdiction to any Contributing System without cost to such Contributing System to provide an
outlet for such City Sewers, if necessary, provided, however, that the system to which such connections
are made has sufficient reserve capacity to carry the combined load if such combined load becomes
necessary. The contributing system has the right to review designs, specifications and criteria for sewer
systems to be connected directly or indirectly to the sewer system owned by the contributing system prior
to connection.
2
SECTION VIII
DISCONNECTIONS AND TERMINATION
The City shall have the right to make any disconnections and recover the expenses thereof from the
Contributing System should the Contributing System neglect or refuse to disconnect or fail to negotiate a
new contract following termination as herein provided. Any Contributing System which ceases to use any
wastewater system connected to the system of the City shall disconnect the same at its expense or failing
that, the City of Omaha may disconnect the same at the expense of the Contributing System. Omaha
acknowledges its sewage treatment system is a public utility available without discrimination to members
of specified classes. Termination of sewage treatment will not be made without the approval of the
appropriate State or Federal agencies having jurisdiction over wastewater pollution and treatment.
Termination of sewage treatment service will not be made before ninety (90) days following written notice
of such termination. It is acknowledged that during said period, if negotiations produce no new agreement,
the parties, or any one of them, may file an action in any court having jurisdiction over the matter to
provide equitable relief concerning the issue of continued sewage treatment and the conditions and
charges appropriate thereto. Nothing in this paragraph will be construed as a limitation on the authority of
the governing body of Omaha to set reasonable rules and regulations concerning sewage service and the
appropriate rates pertaining thereto.
SECTION IX
CONTRIBUTING SYSTEM MUNICIPALITY CONTROL OF CONNECTIONS
Sewer connections made within the jurisdiction of the Contributing System which is a Municipality shall be
under the control of such Municipality. Current records will be maintained by such Municipality and made
available to the City upon request by the Director of the Public Works Department of the City of Omaha.
New connections shall be limited to wastewater only and the number of connections authorized within
such Municipality within the area shown on the most recent Exhibit "A" shall be the sole responsibility of
such Municipality and its duly authorized representatives.
SECTION X
NEW STORM CONNECTIONS PROHIBITED
After the beginning of service under this Agreement, the Contributing System shall not make or permit to
be made any connections which will contribute directly or indirectly into the City Wastewater System, the
storm water run-off from surface drains, ditches, streams, storm sewers, roof, areaway or foundation
drains.
SECTION XI
EXISTING STORM CONNECTIONS
As to storm water connections of the type described above which existed in the Contributing System prior
to the beginning of service from the Omaha System, the Contributing System shall work as vigorously as
possible within the technical and financial capabilities of the Contributing System to eliminate all of its
storm water connections. The infiltration of ground water in all sewers constructed in the Contributing
System after the date of the execution of this Agreement shall not exceed 200 gallons per inch diameter
per mile in 24 hours.
To comply with regulatory requirements, all Contributing Systems having either acceptable or
unacceptable waste in the effluent may be required to file with the City of Omaha at least once each year
during May, June or September a report on the flow of the wastewater. Essentially this requirement is to
meet the obligations of the NPDES permit regarding elimination of extraneous water. The Contributing
System may engage the services of any independent testing laboratory for this service. Costs incurred
with this are at the expense of the Contributing System.
3
SECTION XII
DESIGN REVIEW
The City of Omaha has the right to review the designs, specifications and criteria for additions or
modifications to any portion of the Contributing System connected directly or indirectly to the Omaha
Sewer System prior to the work being so connected to the Omaha System.
SECTION XIII
CHARGES
As full compensation for the receiving, transporting, and treating of the sewage from the Contributing
System, the Contributing System agrees to pay the City as follows: Municipalities, those Sanitary and
Improvement Districts and Service Users that are not connected to MUD shall pay a sum equivalent to the
sewer service charges or use fees from time to time charged to users as provided by Article IV, of the
Omaha Municipal Code, and any amendments thereto, for the use of the City's Sewer System;
specifically, the appropriate flow charge, abnormal charge and customer charge per month based on the
flow volume for each connection point to the City's Wastewater System. Payments for wastewater service
shall be made within thirty (30) days following receipt of invoice and shall thereafter be delinquent.
Delinquent balances shall bear interest at a rate equal to the average rate earned by the City of Omaha
from its short term investments during the three months preceding the delinquency. Such Municipality or
Sanitary and Improvement District must collect from all contributors within its boundaries or those
connected to its system on a fair and equitable cost recovery basis, subject to the approval of the
Nebraska Department of Environmental Quality, NDEQ. All users within Sanitary and Improvement
Districts party to this Agreement connected to the City's System and served by the Water Service of the
Metropolitan Utilities District shall pay the rates provided for in Chapter 31 of the Omaha Municipal Code
(O.M.C.) according to the provisions therein and the metered water usage.
SECTION XIV
USE OF PUBLIC AREAS
It is agreed and understood that there shall be no payment by the City for the use of any streets, alleys,
avenues, or public property, if any, in the Contributing System for sewer lines or appurtenances
•
constructed therein for the benefit of the City, provided the City shall, at its expense, repair and replace
any pavement damaged during such construction and shall likewise pay the cost of any necessary utility
relocations.
SECTION XV
FLOW RECORDERS AND SAMPLING DEVICES
When deemed necessary by the City Public Works Director to facilitate a fair and equitable charge being
billed by the City of Omaha, the Contributing System agrees to install at its expense sampling manholes
approved by the City of Omaha, as provided in the City of Omaha Wastewater Ordinances at point(s)
designated by the City of Omaha. The City will provide monitoring services as per Section 31-75 O.M.C.;
however, all maintenance required on the containing structures and manholes shall be at the expense of
the Contributing System.
SECTION XVI
REPORTING NEW INDUSTRIES
It shall be the responsibility of the person or department authorized to issue building permits within the
jurisdictional limits of Contributing System Municipalities to notify the City of Omaha Public Works Director
of any new industries locating within such jurisdictional limits as soon as such location is known to such
person or department.
4
SECTION XVII
INDUSTRIAL MONITORING AND REPORTING
To comply with regulatory requirements, any industries classified as existing or new source by the United
States Environmental Protection Agency, having either acceptable or unacceptable wastes in their
effluent, may be required to file with the appropriate City and the City of Omaha at least once each year a
sampling report and analysis in accordance with City of Omaha Ordinance, rules and regulations of the
flow strength characteristics of their plant effluent wastewater in terms of BOD, suspended solids, grease,
and pH and any other parameter required by the United States Environmental Protection Agency or the
Nebraska Department of Environmental Quality in monitoring sewage influent and effluent from publicly-
owned treatment plants, according to the NPDES permit.
Industries required, under NDEQ Title 127 to obtain a Pretreatment Permit, must file a similar report with
the Director of the City of Omaha Public Works Department or his designee every June and January.
Sampling and analysis may be done by the appropriate Contributing System and/or by the City of Omaha
and by any City of Omaha approved laboratory according to Section 31-74 O.M.C. from time to time the
City of Omaha may require 24 hours flow proportion composite samples to be split and given to the City of
Omaha Public Works Department Director or designee for verification. Such samples shall be
representative of a normal average production day. Any additional costs for obtaining the additional
samples or testing shall be paid for by the industry involved.
SECTION XVIII
SAMPLING AND TESTING COSTS
Except as expressly provided in this contract, the City of Omaha has no obligation to make payments to
any party for such sampling and testing costs.
SECTION XIX
INSPECTION AND TESTING
The Contributing System shall, with respect to property owned by it or under its control, allow the City of
Omaha Public Works Department Director or designees and such personnel from the State or Federal
agencies, upon presentation of proper credentials:
1. To enter premises where an effluent source is located or in which any records are required to be kept
under the terms of this Agreement.
2. At reasonable times to have access to or copy any records required by this Agreement or State or
Federal laws or regulations to be kept by the Contributing System.
3. To inspect and repair or adjust any monitoring equipment or monitoring method required in this
Agreement.
4. To sample any discharge point for pollutants.
Contributing System Municipalities shall, when requested under reasonable circumstances, assist City
personnel in making such investigation and inquiry of the property of users within the boundaries or
jurisdiction of such Contributing System Municipalities.
5
SECTION XX
REPORTS
Service Users, party to this Agreement, shall make all reports required by City Ordinance, rules or
regulations directly to the City of Omaha.
Municipalities and Sanitary and Improvement Districts, party to this Agreement, shall require within their
boundaries or jurisdiction that all such reports be made to them and shall cause copies of all such reports
to be sent to the City of Omaha Public Works Director.
SECTION XXI
LAWS AND REGULATIONS
The Contributing System agrees to conform with and enforces all Minimum Standards, Ordinances, rules,
regulations and requirements of the City of Omaha and all applicable State and Federal laws, rules and
regulations concerning: (1) Industrial Cost Recovery for industries within or connected to the Contributing
System, and (2) Wastewater discharges, including limitations and prohibitions, monitoring, and reporting
within the Contributing System.
Wastewater emptied into the City Wastewater System from the Contributing System shall be in conformity
with Chapter 31, Article III of the Omaha Municipal Code and current regulations pertaining to sewers or
sewage within the City and/or in accordance with all State and Federal laws, rules and regulations,
whichever is the most restrictive. Wastewater not in conformity with such rules and regulations shall not
be permitted to flow through the sewers of the Contributing System into the Omaha Sewage System.
SECTION XXII
AMENDMENTS - FEDERAL AND STATE REGULATIONS
The Contributing System agrees to abide by any changes in this Agreement made necessary by revisions
or additions to State or Federal regulations.
SECTION XXIII
APPORTIONMENT OF FINES
Any fines or penalties imposed upon the City by any Federal or State agency or any court of competent
jurisdiction shall be paid by the Contributing System or Systems, if any, to which the effluent or other act
causing such fine or penalty can be traced. Such payment shall be apportioned to the Contributing
Systems, including the City, according to their contribution to the cause of such fine or penalty.
SECTION XXIV
CHANGE IN OWNERSHIP
In the event of any change in the control or ownership of a facility of a Service User from which authorized
discharges are emitted, the permittee user shall notify the succeeding owner or controller of the existence
of this Agreement and the permit by means of a letter, a copy of which shall be forwarded to the City. This
Agreement is not assignable from or to Service Users.
6
SECTION XXV
HAZARDOUS WASTES
It is agreed and understood that the parties to this Agreement are, or may be subject under Section 311 of
the Water Pollution Control Act, as it applies to oil and hazardous wastes, and to any applicable State Law
or Legislation, under the authority preserved by Section 510 of the Water Pollution Control Act.
SECTION XXVI
INTERRUPTION OF SERVICE
In the event of a stoppage of the City's Wastewater System or in the event of an interruption of service by
the City, it is understood and agreed that the City, its officers, employees and agents, in the absence of
gross negligence, shall be absolutely free of any liability to the Contributing System, or any owners or
lessees of the property or premises within or served by the Contributing System.
SECTION XXVII
SERVICE WITHIN THE ZONING JURISDICTION OF A MUNICIPALITY
The City of Omaha will not enter into an Agreement to provide wastewater collection or treatment service
to any sanitary and improvement district or other contributing system located partly or wholly within the
zoning jurisdiction of a municipality, party to this Agreement, until the plans for the proposed connection
have been reviewed by such municipality.
SECTION XXVIII
DURATION OF AGREEMENT
As provided by Nebraska law (R.R.S. 14-365.09), the term of this Agreement shall be for a period of ten
(10) years beginning on the date of the execution hereof. However, it may be extended by written
amendment. If the Contributing System is desirous to continue to have its wastewater received and
treated by the City of Omaha, the Contributing System will notify the City of Omaha within six (6) months
of the termination date of this Agreement whereupon the parties will make reasonable efforts to negotiate
a new Agreement for such service by the City of Omaha.
SECTION XXIX
NON-DISCRIMINATION
The Contributing System shall not, in the performance of this Agreement, discriminate or permit
discrimination against any person because of race, sex, age, or political or religious opinions or affiliations
in violation or State laws or local ordinances.
SECTION XXX
SOLICITATION
The Contributing System does hereby state, warrant, and covenant that it has not retained or employed
any company or person, other than bona fide employees of the Contributing System, to solicit or secure
this contract, and it has not paid or agreed to pay any company or person, other than a bona fide
employee of the Contributing System, any fee, commission, percentage, brokerage fee, gifts or any other
consideration, contingent upon or resulting from the award or making of this contract. For breach or
violation of this statement, warrant, and covenant, the City of Omaha shall have the right to annul this
Agreement without liability.
7
SECTION XXXI
SEVERABILITY
If any portion or portions of this Agreement is or are declared illegal or invalid, all other portions shall, to
the maximum extent possible, remain in full force and effect.
SECTION XXXII
TITLES
The titles used in these General Provisions are for convenience only and shall not be used in interpreting
these General Provisions.
SECTION XXXII!
STRICT COMPLIANCE
All provisions of this contract 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.
8
Exhibit C
RLS/Force Main Capital Cost Estimate
Force main $297,500.00
Regional lift station $500,000.00
Easements $140,500.00
Construction Subtotal $938,000.00
soft costs(40%) $375,200.00
Total $1,313,200.00
Q Street Sub-basin RLS/Force Main fee calculation
Developable Acres Density Number of lots Proportion Share Fee per lot Fee per acre
Hamptons(includes internal
preserve areas) 135.84 0.81 110 7.82% $ 102,641.86 $ 933.11 $ 755.61
Southamptons(includes
internal preserve areas) 77.14 1.04 80 5.68% $ 74,648.63 $ 933.11 $ 967.70
Future environmental
resource area 144.34 1.00 144 10.26% $ 134,684.79 $ 933.11 $ 933.11
Future urban residential
area 429.2 2.50 1073 76.24% $1,001,224.72 $ 933.11 $ 2,332.77
786.52 100.00% $1,313,200.00
Undevelopable acres
Q Street right of way 12.92 Hamptons and Southamptons fi $177,290.49
Preserve areas 16.06 Future development fees $1,135,909.51
28.98
Total sub-basin acres 815.5
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c-2cA CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the City of Omaha (Omaha) and Sanitary and Improvement District
No. 517 (S&ID 517), known as the Hamptons and the Southamptons, located east of 240th and
"Q" Streets, wish to enter into a Wastewater Service Agreement to define the duties and
responsibility of each party; and,
WHEREAS, S&ID 517 has been authorized by Omaha to connect to an outfall
sewer servicing the area and conveying wastewater to Omaha's treatment system; and,
WHEREAS, S&ID 517 will not allow anyone outside of the area defined in the
agreement to hook onto the sewer line without Omaha's permission; and,
WHEREAS, Omaha agrees to accept and treat the wastewater generated by this
service area; and,
WHEREAS, the attached agreement, which by this reference become a part
hereof, details all the parts of the agreement between Omaha and S&ID 517.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Wastewater Service Agreement between the City of Omaha and
Sanitary and Improvement District No. 517, known as the Hamptons and the Southamptons,
located east of 240th and "Q" Streets, is hereby approved.
APPROVED AS TO FOR :---)
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ASSe DEPUTY CITY ATTORNEY DATE
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/044 .1 913144
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Councilmember
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City Clerk.5 ��
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