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RES 2002-2649 - Agmt with Swift & Company to increase size of sewer at 3435 Gomez Ave 0 --- - F otANHA,n,�,,, ••. . ` �A �,� � • 2 -• Public Works Department 1�� ,d, 02 I:0;' 2 2 F' ' 12: 29 z ��j� �1 N Omaha/Douglas Civic Center i%V r 'r`i�,l '=" 1819 Famam Street,Suite 601 o•f t_a ' "' -� Omaha,Nebraska 68183-0601 4a1Q . December 3, 2002 CITY UPI(,�( 0 4 (402)444-5220 � hs 47Wo FEta'x 0 r4 A-;H A. NE c..k A S is A Telefax(402)444-5248 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: ,...efe.„--. i 0(2S./6"2 -- 4,-, ,,v, /D-A - 01, rm c an, P.E. Date Mayor's Office Date Acting Public Works Director Approved as to Funding • r , jj ,,/,,-.. 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 • Approved. A Mayor 1 IflI 0.., O w o 5', o `� CD• g CD = b 0 W N UQ z CD rn CD C, \,JAY E., 1\` O W ° ~ ° o 6 �+ ® o ~ � - CCD CD %‘ \ 11) -• o ' R'° N o n 0 0(21c40 o CD tro e - CD c cf' CD P c4 c7 .� CD 0 AD C%