RES 2002-2649 - Agmt with Swift & Company to increase size of sewer at 3435 Gomez Ave 0 ---
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4a1Q . December 3, 2002 CITY UPI(,�(
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City of Omaha Norm Jackman,P.E.
Mike Fahey,Mayor j Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving an Agreement with Swift & Company to
increase the size of the sanitary sewer downstream of their facility at 3435 Gomez Avenue.
Swift would like to increase the discharge their permit currently allows into the sewer. In order
to do this, the sewer needs to be increased in size.
The City of Omaha took bids on September 25, 2002 for RN 5467B which is to increase the
diameter of the sewer from 8" to 12". The low bid, which is being submitted concurrently, is
$290,210.13. Swift agrees to pay up to $100,000.00 towards this project. The cost split was
based on the estimated amount of sewage flow that Swift will cause as compared to the total
sewage flowing through the line.
The Public Work Department requests your consideration and approval of the attached
Resolution and Agreement.
Respectfully submitted, Referred to City Council for Consideration:
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rm c an, P.E. Date Mayor's Office Date
Acting Public Works Director
Approved as to Funding
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Stanley P. Ti / Date .
Finance Director
P:\PW2\3189sap.doc
AGREEMENT \`
THIS AGREEMENT, entered into this day of ae r 2002,
\between The City of Omaha, a municipal corporation of the State of Nebraska
`kerokinafter referred to as the City), and Swift & Company, a Corporation of the State of
e IN-w-Q-r_, having a facility located at 3435 Gomez Ave., Omaha,Nebraska
(hereinafter referred to as Swift).
WITNESSETH:
WHEREAS, Swift operates a meat packing located at 3435 Gomez Ave. which
discharges industrial wastewater to the City owned and operated sewer collection and
treatment system near that location; and,
WHEREAS, Swift's wastewater discharge permit granted by the City contains
limits on its waste water discharge rate due to capacity limitations in the City sewer
system in the area; and,
WHEREAS, Swift wishes to discharge in excess of its current permitted rate and
is willing to share in the City's costs to increase sewer capacity in the area impacted by
the Swift discharge; and,
WHEREAS, City is prepared to award a publicly bid contract for sewer capacity
expansion in the area, contingent on Swift's promise to share in the cost of such project.
NOW THEREFORE, the parties, in consideration of the undertakings and
p � g
commitments of each party to the other party set forth herein, hereby mutually
agree as follows:
1. The City shall contract with a suitable contractor as required by law to replace the
existing eight (8) inch diameter sewer with new twelve (12) inch diameter line for
a distance of approximately fifteen hundred (1500) feet downstream from Swift's
connection to the Omaha system. However, should technical difficulties or lack
of City funding arise, the City shall have the right to cancel this agreement prior
to any construction contract award. In the event of City'cancellation of the
project, Swift shall have no responsibility for any costs incurred by the City.
2. The City shall make all direct payments to the contractor,provide project
management and maintain ownership and normal maintenance responsibilities for
the expanded sewer. The City assumes full responsibility for any permits,
insurance, loss or injury, contractor default, cost overrun or project construction
or design failure. The construction project shall not be a joint venture, but is
entirely a City undertaking.
3. Swift shall reimburse the City for any and all actual project costs up to a
maximum of one hundred thousand dollars ($100,000). Payment shall be made
by Swift within 20 days of completion of the project and presentation of
reasonable documentation of completion and invoicing from the City.
4. The City, upon receipt of Swift's share of project costs, shall amend the
wastewater discharge permit for Swift's 3435 Gomez Ave. facility to eliminate
the 1.76 cubic feet per second limit on discharge rate.
5. The discharge from Swift's facility shall continue to be subject to all other
provisions of its wastewater discharge permit and for all applicable requirements
of the Omaha Municipal Code.
6. This Agreement constitutes the entire agreement of the parties on this matter, and
no amendment, change or variance from this Agreement shall be binding on either
party unless mutually agreed to by the parties and executed by their authorized
officers or agents in writing.
7. Swift shall not in the performance of this contract, discriminate or permit
discrimination in violation of federal or state laws or local ordinances because of
race, color, sex, age, disability,political or religious opinions, affiliations or
• national origin.
8. Parties to this contract 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 contract.
9. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any
officer or employee of the City of Omaha shall have a financial interest, direct or
indirect, in any City of Omaha contract. Any violation of this section with the
knowledge of the person or corporation contracting with the City of Omaha shall
render the contract voidable by the Mayor or Council.
10. This contract shall not be merged into any other oral or written contract, lease or
deed of any type.
11. This contract 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 herein unless done in writing and signed by
an authorized officer of the respective parties.
IN WITNESS WHEREOF, the parties have affixed their signatures hereto the day
and year first written above.
Attest: THE CITY OF OMAHA
By
City Clerk` ACTING Mayor
Approved as to:Form:
City Attorney
Appro ed: SWIFT & COMPANY
l<)72
By
Public Works Director Title u re� �r�� G°T�
c-25a CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Swift&Company would like to increase the discharge they are
allowed from their facility at 3435 Gomez Avenue; and,
WHEREAS, in order to do that, the sewer downstream of the facility must be
increased in diameter from 8"to 12"; and,
WHEREAS, by the attached Agreement, which by this reference is made a part
herein, Swift agrees to pay up to $100,000.00 towards the reconstruction of this sewer, known as
RN 5467B in exchange for allowing the discharge from their facility to increase.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the Agreement between the City and Swift&Company to share the costs
to increase the size of the sewer downstream of their facility at 3435 Gomez Avenue,is hereby
approved.
BE IT FURTHER RESOLVED:
THAT, Swift&Company agrees to pay$100,000.00 towards the project RN
5467B in exchange for allowing the discharge from their facility to increase.
P:\pw2\3190sap.doc APPROVED AS TO FORM:
CITY ATTORNEY DATE
P:\PW2\3190sap.doc
By
' ( ouncilmember
Adbpted��` .2002 7 PJ
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Approved.
A Mayor
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