ORD 33520 - Contract with NE department of environmental quality for renovation and update of wastewater treatment facilities rAAH ,
° AAFA February 28, 1995
urj'c ". Honorable President
°Ao `ry and Members of the City Council,
���FD FEBR"r4
City of Omaha
Transmitted herewith is an Ordinance approving the Contract for Loan and ail r
Planning Department supporting documents,between the City of Omaha and the Nebraska Department,
Omaha/Douglas Civic Center of Environmental Quality for the Monroe Street Station/South Inlet Complex.
1819 Farnam Street,Suite 1100 -
Omaha,Nebraska 68183-0110 Improvement Contract;to provide for repayment of the loan from appropriations'
(402)444-5200 of more than one year in accord with Section 5.17 of the Home Rule Charter; to,)
(402)444-5150
Telefax(402)444-6140 provide for payments from a specific account; and to provide the effective date
hereof.
Gary L.Pryor
Director
The Public Works Department proposes to utilize financial assistance available
from the Nebraska Investment Finance Authority (NIFA) to fund this project.
The financial assistance from NIFA will provide opportunity for the City to
update two City wastewater treatment facilities awarded through standard
procedures of the bid process. The loan will provide $4,000,000.00 to fund this
construction project,the components of which are identified in the Contract for
Loan. The cost of the improvements will be paid from the Sanitary Sewer
Improvement Organization 1485, Fund 544.
Copies of the Contract for Loan are on file and available for inspection and
review in the City Clerk's Office.
The Public Works Department requests your consideration and approval of this
Ordinance and the Contract for Loan.
Sincerely
Michael J. DeSelm, P.E.
Director
Approved as to Funding: Referred to the City Council for
Conside
Vijit rizjjC,
William Miskell �,df May s Office/Title
Finance Director�"
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•
ORDINANCE NO. 33.. 2
AN ORDINANCE approving the Contract for Loan between the City of Omaha and the Nebraska
Department of Environmental Quality for the renovation and update of two City wastewater
treatment facilities; to provide for repayment of the loan from appropriations of more than
one year, in accord with Section 5.17 of the Home Rule Charter; to provide for payments
from a specific account; and to provide the effective date hereof.
WHEREAS, the City is authorized by Section 14-365.01 Reissue Revised Statutes of
Nebraska, 1943, as amended, to establish and provide a sewerage system; and,
WHEREAS, the City is further authorized by Sections 14-365.02 and 18-1803 to 18-1805,
inclusive, Reissue Revised Statutes of Nebraska, 1943, as amended, and Section 5.31 of the Home
Rule Charter of the City of Omaha to issue revenue bonds for the purpose of acquiring,constructing,
reconstructing, improving, extending and equipping or furnishing any revenue producing facility
within or without the City that the City has power to acquire, construct, reconstruct, extend, equip,
improve, or operate under the laws of the State of Nebraska or the Charter of the City of Omaha;
and,
WHEREAS, it is necessary, advisable and desirable for the City to construct improvements
to the City's sewerage system as specified in the contract above described, (hereinafter"the Contract
for Loan") and to finance the cost of the project with a loan from the Nebraska Department of
Environmental Quality,which loan will be payable solely from the revenues of the City's sewerage
system subordinate to the payment of the principal of and interest on the City's outstanding sewer
revenue bonds and the required reserves therefor; and,
Ordinance No. 3 52 2
Page 2
WHEREAS, it is necessary, advisable and desirable for the City and the Nebraska
Department of Environmental Quality to evidence the terms and conditions pursuant to which the
Nebraska Department of Environmental Quality will make the loan to the City in a written
agreement,the form of which has been presented to the City Council and by this reference made a
part hereof
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
OMAHA:
Section 1. Authorization of Contract. The Contract for Loan in the amount of$4,000,000.00
between the Nebraska Department of Environmental Quality and the City of Omaha, Nebraska,
Project C317005-01, effective as of ,together with the related promissory
note of the City both in the form or substantially the form attached hereto as Attachment F and
incorporated herein by this reference,but with such changes,modifications, amendments, revisions
and alterations therein,therefor,thereto,as the Mayor and the City Engineer-Environmental Services
shall, in the exercise of their own independent judgment and absolute discretion, determine to be
necessary, proper, appropriate, advisable or desirable in order to accomplish the purposes set forth
in the Contract for Loan, be and the same is in all respects hereby authorized, adopted, specified,
accepted, ratified, approved and confirmed, and the Mayor and the City Engineer-Environmental
Services of the City are hereby authorized to execute and deliver, and the City Clerk is authorized
to attest, the Contract for Loan and the Note for and on behalf of the City of Omaha.
Ratification of Prior Action. All actions heretofore taken by the City Engineer-
Environmental Services and all the other officers, officials, employees and agents of the Ci
at .
• Ordinance No. ��:5 7 -
Page 3
including, without limitation, the expenditure of funds and the selection, appointment and
employment of special counsel, in connection with the approval of the Contract for Loan, together
with all other actions taken in connection with any of the matters which are the subject hereof, be
and the same is hereby in all respects authorized,adopted,specified,accepted,ratified,approved and
confirmed.
General and Specific Authorizations. Without in any way limiting the power, authority or
discretion elsewhere herein granted or delegated,the City Council hereby (a) authorizes and directs
all of the officers, employees and agents of the City to carry out or cause to be carried out, and to
perform such obligations of the City and such other actions as they, or any one of them, in
consultation with counsel,special counsel and financial advisors to the City in connection with those
matters which are the subject of this Ordinance shall consider necessary, advisable, desirable, or
appropriate in connection therewith and with the Contract for Loan and the transaction which is
contemplated by the Contract for Loan, including,without limitation and whenever appropriate,the
execution and delivery of the Contract for Loan and all other related documents, instruments,
certifications, and opinions, and (b) delegates, authorizes and directs the Mayor and the City
Engineer-Environmental Services,the right,power, and authority to exercise their own independent
judgment and absolute discretion in determining and finalizing the terms, provisions, forms and
contents of each of the documents hereinbefore identified and referred to. The execution and
delivery by any such officer or officers of the City of any such documents, instruments,
certifications, and opinions or the doing by them of any act in connection with any of the matters
which are the subject of this Ordinance shall constitute conclusive evidence of both the City's and
Ordinance No. 33-7cO
Page 4
their approval of all changes, modifications, amendments, revisions, and alterations made therein
and shall conclusively establish their absolute,unconditional, and irrevocable authority with respect
thereto from the City and the authorization, approval and ratification by the City of the documents,
instruments, certifications, and opinions so executed and the actions so taken.
Section 2. That the repayment of the Loan authorized herein shall be made within a ten year
period, as detailed in the Contract for Loan, and as authorized by Section 5.17, Home Rule Charter
of 1956, as amended.
Section 3. That the loan repayments authorized above shall be payable from the Sanitary
Sewer Improvement Organization 1485, Fund 544.
Section 4. That this Ordinance,being administrative in nature, shall be in full force and take
effect immediately upon the date of its passage.
INTRODUCED BY COUNCILMEMBER
P OVEDAl /9(
k
4004.,"
MAYOR OF THE CITY OF OMAHA
PASSED MAR 2 8 1995 S
ATTEST:
APPROVED AS TO FORM:
CITY CL OF T ITY OF OMAHA
P:\PW\0604.PJM -' AS A T CITY ATTORNEY
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•
CONTRACT FOR LOAN .
BETWEEN
NEBRASKA DEPARTMENT OF.ENVIRONMENTAL QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
Project No. C317005-01 •
• T is ontract, for Loan ,(hereinafter "Loan Contract") , dated as of.
95, is entered into by and between the State of Nebraska, •
acting by d t rough the Nebraska Department of Environmental Quality
.(hereinafter "NDEQ") and the City of Omaha, Nebraska, (hereinafter
"Municipality") .
WITNESSETH THAT:
•
• WHEREAS, the Federal Water Quality Act of 1987 (hereinafter "Federal Act")
established a state revolving fund program; and
• WHEREAS, to fund the state revolving fund program, the Environmental
•Protection Agency (hereinafter "EPA") will make annual capitalization grants to
the' states, on the condition that each state provide an appropriate match for
such states revolving fund; and
WHEREAS, Neb. Rev. Stat. 01-15,153 empowers the NDEQ to loan available
funds in the Wastewater Treatment Facilities Construction Loan Fund (herein-
after "Fund") to municipalities pursuant to the Wastewater Treatment Facilities
Construction Assistance Act (hereinafter "Act") and rules and regulations
adopted under such Act; and
WHEREAS, under the Act, the Director of NDEQ is given the responsibility
for administration and management of the Fund; and
WHEREAS, the Director of NDEQ and the Nebraska Investment Finance Authority
(hereinafter "NIFA") have entered into a Memorandum of Understanding effective
September 11, 1990 (hereinafter "MOU") , to define the cooperative relationship.
between NDEQ and NIFA to jointly administer certain provisions of the Act; and
WHEREAS, the NIFA is authorized under Neb. Rev. Stat. §58-201 et. seq. and
the Act to issue revenue bonds for the purpose of providing funds for NDEQ to
loan to Municipalities within the State •of Nebraska for the acquisition,
construction, improvement, repair, rehabilitation, or extension of municipal
wastewater treatment projects (as defined in the Act) , in order to provide the
state match requirements of the Federal Act; and
•
WHEREAS, pursuant to such authorization, NIFA proposes to issue its
Wastewater Treatment Facilities Construction Loan Fund revenue bonds for the
purpose of providing funds to NDEQ to loan to Nebraska Municipalities to pay
those eligible portions of the costs of acquiring, constructing, improving,
repairing, rehabilitating or extending municipal wastewater treatment projects
(as defined in the Act) , in order to provide the state match requirements of the
Federal Act; and
WHEREAS, NIFA and NDEQ have entered into a Pledge Agreement dated as of
January 1, 1991 as amended by an Amendment No. 1 to Pledge Agreement dated as of
January 15, 1993 (hereinafter the "Agreement") , pursuant to which NDEQ has
pledged the interest portion of Loan Repayments (as defined herein) and certain
other revenues to NIFA for the payment of the principal of and interest on its
State Revolving Fund Revenue Bonds, Series 1991, dated as of January 1, 1991,
State Revolving Fund Revenue Bonds, Series 1993, dated as of January 15, 1993;
10-94 -1-
1
and State Revolving Fund Revenue Bonds, Series 1994, dated as of December 1,
1994; and
WHEREAS, the City of Omaha, Nebraska is a "Municipality" as defined in Neb.
Rev. Stat. S81-15,149 (7) ; and
WHEREAS, the project (hereinafter "Project") as further described in
Attachment A which is attached hereto and incorporated herein by reference, to
be financed under this Loan Contract, includes rehabilitation of the Monroe
Street lift station and force main, and modifications to the south inlet
headworks of the Missouri River Wastewater Treatment Facility, and
WHEREAS, the Project Cost is based upon estimates of the Municipality and
at times during or at completion of construction the loan amount may be adjusted
by the NDEQ pursuant to Section 2.01; and
WHEREAS, the Project is included in the NDEQ Intended Use Plan; and
WHEREAS, the NDEQ has approved the Municipality's application for a Loan
from federal funds and the state match requirement if and when received by and
made available to NDEQ pursuant to the Federal Act and the Act to finance
Project Costs;
NOW, THEREFORE, for and in consideration of the award of the Loan Contract
by NDEQ, the Municipality agrees to complete its Project and to perform under
this Loan Contract in accordance with the conditions, covenants and procedures
set forth below:
ARTICLE I
DEFINITIONS
Definitions. The following terms as used in this Loan Contract shall,
unless the context clearly requires otherwise, have the following meanings:
"Act" means the Wastewater Treatment Facilities Construction Assistance
Act, Neb. Rev. Stat. §81-15, 147 et seq. , as amended.
"Authorized Representative" means the person or persons authorized pursuant
to a resolution or ordinance of the governing body of the Municipality to
perform any act or execute any document relating to this Loan Contract.
"Cut-off Date" means the date established by NDEQ at the Project's final
inspection prior to which the Municipality will make the final disbursement
request for eligible Project Costs.
"Due Date" means the dates specified for payment of principal and interest
on the Loan as specified in Section 2.05 .
"Event of Default" means any occurrence or event specified in Article V.
"Fund" means the Wastewater Treatment Facilities Construction Loan Fund.
"Initiation of Operation" means the date on which the Municipality places
the Project in operation or the Project is capable of being placed in operation
for the purposes for which it was planned, designed, and built.
"Late Payment" means any payment that is not received within fifteen days
of the due date.
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"Loan" means the loan made by NDEQ to the Municipality to finance or
refinance a portion of the Costs of the Project pursuant to this Loan Contract.
"Loan Amount" means the amount specified in Section 2.01 hereof which NDEQ
has agreed to disburse to the Municipality subject to the terms, provisions of
this Loan Contract and the availability of State and Federal Funds.
"Loan Contract" means this Loan Contract, including the Exhibits attached
hereto, as it may be properly supplemented, modified or amended.
"Loan Repayments° means the payments payable by the Municipality pursuant
to Section 2.05 of this Loan Contract.
"Loan Terms" means the terms of this Loan Contract provided in Article II
of this Loan Contract.
"Municipality" means the Nebraska municipality that is a party to and is
described in the first paragraph of this Loan Contract, and its successors and
assigns.
"NDEQ" means the Nebraska Department of Environmental Quality established
pursuant to Neb. Rev. Stat. §81-1501 et. seq. , as amended.
rit apublic bod
y
"NIFA" means the Nebraska Investment Finance Authority,
politic and corporate and an instrumentality of the State, and its successors
and assigns established pursuant to Neb. Rev. Stat. §58-201 et. seq. , as
amended.
"Project" means the acquisition, construction, improvement, repair,
rehabilitation or extension of Wastewater Treatment Works of the Municipality
described in Attachment A hereto, which constitutes a project for which NDEQ is
making a Loan to the Municipality pursuant to this Loan Contract.
"Project Costs" means eligible costs associated with secondary or tertiary
treatment and appurtenances; infiltration and inflow correction, major sewer
system rehabilitation; new collector sewers and appurtenances; new interceptors
and appurtenances; land integral to the treatment process; correction of
combined sewer overflows; and other costs eligible under the Federal Act
including capitalized interest. Project Costs do not include the costs of water
rights and for land which is not integral to the treatment process, easements
and rights-of-way, legal costs, fiscal agents fees, operation and maintenance
costs and municipal administrative costs. Project Costs are described in
Attachment B.
"Regulations" means Title 131, Nebraska Department of Environmental
Quality, and any amendments thereto promulgated by NDEQ pursuant to the Act.
"Retainage" means construction costs held back by the municipality from the
payments due to the contractor to assure satisfactory completion of the
construction contract.
"State" means the State of Nebraska acting, unless otherwise specifically
indicated, by and through NDEQ and its successors and assigns.
"Trustee" means FirsTier Bank, National Association, Lincoln, Nebraska as
trustee under the Master Trust Indenture dated as of January 1, 1991 by and from
NIFA to the Trustee, pursuant to which bonds have been and will be issued.
"User Charge System" means the methodology used to assess user charge
fee(s) for the users of the Wastewater Treatment works within the Municipality's
jurisdiction.
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"Wastewater Treatment Works" means the structures, equipment and processes
required to collect, transport and treat domestic or industrial wastes and to
dispose of the effluent and sludges.
"Wastewater User Charge" means the revenues derived by the Municipality
from the fees and charges for the use and services furnished by or through the
Municipality's Wastewater Treatment Works.
ARTICLE II
LOAN CONDITIONS AND TERMS
Section 2.01. Amount of the Loan. Subject to all of the terms, provisions .
and conditions of this Loan Contract, and subject to the availability of State
and Federal funds, NDEQ will loan an amount not to exceed four million dollars
($4,000,000) to the Municipality to pay a portion of the Project Costs described
in Attachment B hereto. The final actual amount of the Loan may be reduced
without revision of any other terms, provisions or conditions of this Loan
Contract, other than adjustment by NDEQ to the Loan Outlay and Repayment
Schedules in Attachment C hereto, to reflect reductions in the estimated or
actual total Project Costs as impacted by opening of bids for construction,
change orders, final actual costs, and prepayments. The Municipality must make
provision for the payment of all eligible costs exceeding the Loan Amount. The
NDEQ may provide supplemental loan funds through a separate loan contract.
Receipt of any supplemental loan funds is dependent on availability of
unobligated funds in the Fund and any obligation of additional funds to this
Project is at the sole discretion of NDEQ with such revised or additional terms,
conditions, and covenants as NDEQ may require.
Section 2.02. Term of the Loan. The Municipality agrees to fully repay
the Loan and accrued interest on the date of Initiation of Operation or to begin
repayment of principal and interest on the Loan within one (1) year from the
date of Initiation of Operation but no later than three (3) years from the date
of the Loan, and to repay such Loan in full no later than 10 years from
Initiation of Operation and to pay all principal, interest, administrative fees
and penalty fees when due. The municipality shall provide NDEQ 60 days written
notice of its intent to repay the Loan all or in part on the date of the
Initiation of Operation.
Section 2.03 . Interest Rate. The interest rate on this loan is determined
by the NDEQ pursuant to Regulations and the Intended Use Plan. The interest
rate on this loan during construction is 3.0 percent and after the date of
Initiation of Operation is 3.8 percent per annum (calculated on the basis of a
year equalling 360 days made up of 12 months of 30 days each) to be paid as set
out in Attachment C. For the purposes of this paragraph "construction" shall
mean the period between the date of this Loan and the date of Initiation of
Operation.
Section 2.04. Disbursement Of Loan. Upon receipt of a disbursement
request for work completed and certification by the Municipality, the NDEQ
agrees to disburse the principal amount of the loan set out in Section 2.01 of
this Article during the progress of the Project for Project Costs. The
Municipality may obtain a copy of the disbursement record upon request to NDEQ.
Each disbursement shall be upon warrant by the State of Nebraska and shall be
equal to that portion of the unobligated principal amount incurred to the date
of the request for disbursement from the Municipality. Submitted requests for
disbursement must be supported by proper invoices for Project Costs, a
certificate of the Authorized Representative to the effect that all
representations made in this Loan remain true as of the date of the request and
that no adverse developments affecting the financial condition of the
Municipality or its ability to complete the Project or to repay the Loan have
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occurred since the date of this Loan, or of the previous disbursement, and other
documentation acceptable to and approved by the NDEQ. Disbursement requests
should be submitted before the 1st or the 15th of each month to facilitate
timely processing. All disbursement requests must be made prior to the Cut-off
Date established at the Projects final inspection by NDEQ.
The Municipality may request disbursement for eligible Project Costs, when
such Project Costs have been incurred and are due and payable to project
contractors. Disbursement requests will be processed on or about the 5th and
20th day of each month. Retainage withheld by the municipality on contracts
will be withheld by the NDEQ until such Retainage is either reduced or released
to the contractor by the Municipality. However, actual payment of such Project
Costs by the Municipality is not required as a condition of a payment request.
The Municipality shall submit a draft of the operation and maintenance
manual for the Project to the NDEQ before disbursements exceed 50% of the
Project Costs. The Municipality shall submit a final operation and maintenance
manual to the NDEQ and receive approval before disbursements exceed 90% of the
Project Costs.
The NDEQ agrees to capitalize accrued interest on principal disbursed
during or prior to construction on a semiannual schedule at the request of the
Municipality. Accrual of such interest shall begin on the date of disbursement
and shall be assessed at the rate spec
ified in Section 2.03 of this article.
Section 2.05. Loan Payments.
(a) Principal and Interest Payments. The Municipality shall pay to the
NDEQ, or at the direction of NDEQ, to NIFA or the Trustee on or before the due
the sources
dates specified below, but only fromspecified in Section 3.02
hereof, appropriate installments of principal and interest until all principal
and interest due on the Loan to the NDEQ has been paid in full. Installments of
principal and interest (total Loan service) shall be paid semiannually on
December 15 and June 15 of each year in accordance with the Loan Repayment
Schedule in Attachment C.
The NDEQ will send the Municipality an invoice 30 days prior to the due
mailed, the NDEQ will
invoices are
When a loan disbursement occurs after in .
date.
and fee charges on the next semiannual invoice.
include adjustments for interestg
(b) Prepayment of the Loan. The Municipality may prepay the Loan,
together with any accrued interest in whole or in part, at any time without
penalty upon giving 60 days written notice to NDEQ of its intent to prepay. The
Municipality may make a partial prepayment of the Loan only if the prepayment
amount is greater than the lesser of 10% of the outstanding amount of the Loan
or $50,000. A new Attachment C will be prepared by NDEQ following receipt of
any partial prepayment of the Loan.
Section 2.06. Administrative Fee. The Municipality shall pay to the NDEQ,
or at the direction of NDEQ, to NIFA or the Trustee an annual administrative fee
of 1 percent of the Loan principal balance to be paid in semiannual installments
of 0.5 percent of the Loan principal balance on December 15 and June 15 of each
year in accordance with the Loan Repayment schedule in Attachment C.
Section 2.07 . Schedule Of Compliance. The Municipality agrees to perform
steps of the Project in accordance with the following schedule of milestone
dates.
(a) . March 30, 1995, Loan date
(b) . May 1, 1995, Construction start
(c) . May 1, 1996, Initiation of Operation
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(d) . May 1, 1996, Substantial completion of construction
Section 2.08. Disadvantaged Business Enterprises (Small Business
Enterprise/Minority Business Enterprise/Women's Business Enterprise/Small
Business Rural Area) , including Historically Black Colleges and Universities
(hereinafter "DBE/HBCU") . The Municipality agrees that seven percent of the
Loan Amount shall be the objective for proposed DBE, HBCU subagreement work
under this Loan Contract. The Municipality shall take affirmative steps to
assure that small, minority, and women's businesses pursuant to 40 CFR 31.36 (e)
and small businesses rural areas pursuant to 13 CFR 121.2 are used when possible
as sources of supplies, construction and services. Affirmative steps shall
include the following:
(a) Placing disadvantaged business enterprises, including minority,
women's, small businesses and small businesses in a rural area and
historically black colleges and universities on solicitation. lists; .
(b) Assuring that disadvantaged business enterprises, historically
black colleges and universities are solicited whenever they are potential
sources;
(c) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation by
disadvantaged business enterprises;
(d) Establishing delivery schedules, where the requirement permits,
which encourages participation by disadvantaged business enterprises;
(e) Using the services and assistance of the Small Business
Administration and Minority Business Development Agency of the U. S.
Department of Commerce; and
(f) Requiring the prime contractor to take the affirmative steps
listed above.
In addition, the Municipality agrees to submit to the NDEQ a completed SF
334 form within 15 days after the end of each federal fiscal quarter during
which the Municipality or its contractors award any subagreements to a
disadvantaged business enterprise for building and building-related services and
supplies.
Section 2.09 . Sewer Use Ordinances/User Charge Systems. The Municipality
agrees to obtain approval from the NDEQ of its sewer use ordinance/User Charge
System, and to adopt and implement any necessary changes consistent with prior
bond covenants referred to herein or those made part of a Bond Issue authorized
by Ordinance No. 33333, passed July 19, 1994 (hereinafter referred to as
"the Ordinance of 1994") . The Municipality agrees that it shall not modify or
amend, or make additions to or deletions from its sewer use ordinance/User
Charge System without the consent of NDEQ during the useful life of the Project
except to the extent necessary to comply with the covenants of the Ordinance of
1994.
Section 2.10. Other Conditions and Terms.
(a) Engineering Services. The Municipality shall provide and
maintain competent and adequate engineering supervision and resident
inspection during construction.
(b) Construction Contract Award. The Municipality shall obtain NDEQ
concurrence and authorization prior to award of the construction contract.
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(c) Initiation of Operation. The Municipality shall provide written
notification to the NDEQ of the date of Initiation of Operation of the
Project.
(d) Construction Completion. The Municipality shall provide written
notification to the NDEQ of the construction completion date of the
Project.
(e) Project Certification. On the date one year after the Initiation
of Operation of the Project the Municipality shall certify to the NDEQ
whether the Project meets or is capable of meeting the following project
performance standards:
MAJOR PROJECT COMPONENTS
Monroe Street Lift Station
1. Screens and Conveying System
Major equipment includes two (2) dual speed mechanical filter screens,
one belt conveyor and controls. Debris from raw sewage entering the
pump station shall be removed and conveyed to the screenings storage
area. Screen and conveyor speed shall be automatically controlled by
flow rate into the station. Screens and conveyors shall meet all
requirements of specification sections 11311 and 14553, respectively.
2. Grit Removal
Major system equipment shall include grit pumps, grit separators and
grit washers. The system shall be capable of removing 90 percent or
more of 150 mesh grit having a specific gravity of 2.7 from the
specified maximum flow using a 6 inch vortex finder. Pumps,
separators and grit washers shall meet all requirements of
specification sections 11115 and 11320, respectively.
3 . Flow Control
Major equipment includes a flow meter, controls and hydraulic operated
knife gates (2) . System shall control flow into the lift station such
that all dry weather flow enters the station and all wet weather flow
above 65 mgd is diverted from the station.
4 . Dry Weather Electric Pumping
Major equipment includes a vertical end suction centrifugal pump,
motor, adjustable frequency drive, wet well level controls and mixers.
The pump shall deliver all flow up to 6,500 gpm. The mixers shall
prevent grease accumulation in the wet well. The adjustable frequency
drive shall automatically vary pump speed to match flows entering the
station up to the specified rate. Pump, motor and drive shall perform
as specified in sections 11130 and 16150, respectively; mixers as
specified in section 11546.
MINOR PROJECT COMPONENTS
South Inlet
1. Grit Basin Gates
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Three grit basin isolation gates shall automatically open as
programmed based upon flow to the south inlet.
2. Grit Pumps
Three new grit pumps shall perform as specified in.section 11115.
If the NDEQ or Municipality determines that the Project does not meet
the project performance standards, the Municipality shall submit a
corrective action report which includes an analysis of the cause of the
Project's failure to meet the performance standards and an estimate of the
nature, scope and cost of corrective action necessary to bring the Project
into compliance. The report shall include a schedule for undertaking the
corrective action.
(f) Long Term Planning. The Municipality agrees to develop and
implement a long term wastewater treatment works management plan for the
term of the loan, including yearly renewals. This plan shall recognize the
cost relationship between the Project and future projects.
(g) . Contractor's Security. The Municipality agrees to require any
contractor of the Project to post separate performance and payment bonds or
other security approved by NDEQ in the amount of the bid.
(h) Certified Operator. The Municipality agrees to provide a
certified operator pursuant to Title 197
- Rules and Regulations for the
Certification of Wastewater Treatment Facility Operators in Nebraska.
(i) Site Title and Easements. The municipality certifies that no
easements or right-of-way are required for this project.
(j) Contractors Payments. The Municipality agrees to make prompt
payment to its contractor(s) of sums due for construction and to retain
only such amounts as may be justified by specific circumstances and
provisions of the construction contract.
hereby assures that the
The
(k) Startup Services. Municipality
engineering firm principally responsible for supervising construction and
for providing engineering services during co
nstruction will continue its
relationship with the Municipality for a period of up to one year after
Initiation of Operation of the Project. During this period, the
engineering firm shall direct the operation of the Project, train operating
personnel and prepare curricula and training material for operating
personnel. The Municipality agrees to furnish NDEQ with copies of monthly
operating records, along with 6 month and 12 month reports prepared by
their engineering firm. These reports will be submitted 6 months and 12
months after initiation of operation and will describe actions taken to
date to achieve positive certification, planned future activities, the
positive status and potential fo
r r cer
tifications. Costs for
startup services are not eligible under this Loan Contract.
(1) Bid Solicitation. The Municipality agrees that all bid
solicitations will include the following statement:
"The prospective participants must certify by submittal of EPA Form
5700-49 "Certification Regarding Debarment, Suspension and Other
Responsibility Matters" that, to the best of its knowledge and belief,
it and its principals are not presently debarred, suspended, proposed
for debarment, declared ineligible or voluntarily excluded from
covered transactions by any federal department or agency. "
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(m) Debarment Suspension. The Municipality acknowledges that doing
business with any party appearing in the "List of Parties Excluded from
Federal Procurement or Non Procurement Programs" may result in disallowance
of federal funds under this Loan Contract and may also result in suspension
or debarment under 40 CFR Part 32.
(n) Labor and Other Federal Requirements. The Municipality agrees to
comply with the provisions of the Davis-Bacon Act, pursuant to 40 USC
5276 (a) et seq, the Copeland Act, pursuant to 18 U.S.C. $874 et seq, the
Contract Work Hours and Safety Standards Act pursuant to 40 USC 5327 et seq
regarding labor standards for construction subagreements and other.
applicable Federal Requirements in Attachment D hereto.
(o) Project Sign. The Municipality agrees to provide a project sign
in the form of Attachment I, showing the Municipality's name and the Loan
Amount.
ARTICLE III
REPRESENTATIONS AND COVENANTS OF MUNICIPALITY
Section 3.01. Representations of the Municipality. The Municipality
represents as follows:.
(a) Organization and Authority.
(1) The Municipality is a city, town, village, district, association,
or other public body created by or pursuant to the constitution and
statutes of the State of Nebraska.
(2) The Municipality has full legal right and authority and all
necessary licenses and permits required as of the date hereof to own,
operate and maintain its Wastewater Treatment Works, to carry on its
activities relating thereto, to execute and deliver this Loan Contract, to .
undertake and complete the Project, and to carry out and consummate all
transactions contemplated by this Loan.
(3) The proceedings of the Municipality's governing body approving
this Loan Contract and authorizing its execution, issuance and delivery on
behalf of the Municipality, and authorizing the Municipality to undertake
and complete the Project have been duly and lawfully adopted.
(4) This Loan Contract has been duly authorized, executed and
delivered on behalf of the Municipality, and constitutes the legal, valid
and binding obligation of the Municipality enforceable in accordance with
its terms.
(b) Full Disclosure. To the best knowledge of the Municipality, after due
investigation, there is no fact that the Municipality has not disclosed to NDEQ
in writing on the Municipality's application for the Loan or otherwise anything
that materially adversely affects or that will materially adversely affect the
properties, activities of its Wastewater Treatment Works, or the ability of the
Municipality to make all Loan Repayments and otherwise observe and perform its
duties, covenants, obligations and agreement under this Loan Contract.
(c) Non-Litigation. There is no controversy, suit or other proceeding of
any kind pending or threatened questioning, disputing or affecting in any way
the legal organization of the Municipality or its boundaries (the annexation
disputes at the municipality's western boundary have no adverse effect upon the
promises of this agreement) , or the right or title of any of its officers to
their respective offices, or the legality of any official act taken in
connection with obtaining the Loan, or the constitutionality or validity of the
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•
indebtedness represented by the Loan Contract, or any of the proceedings had in
relation to the authorization or execution or the pledging of the revenues of
the Municipality's Wastewater Treatment Works, or the ability of the
Municipality to make all Loan Repayments or otherwise observe and perform its
duties, covenants, obligations and agreements under this Loan Contract.
(d) Compliance with Existing Laws and Agreements. The authorization,
execution and delivery of this Loan Contract by the Municipality, and the
performance by the Municipality of its duties, covenants, obligations and
agreements thereunder will not result in any breach of any existing law or
agreement to which the Municipality is a party.
(e) No Defaults. No event has occurred and no condition exists that would
constitute an Event of Default. The Municipality is not in violation of any
agreement which would materially adversely, affect the ability of the
Municipality to make all Loan Repayments or otherwise observe and perform its
duties, covenants, obligations and agreements under this Loan Contract.
(f) Governmental Consent. The Municipality has obtained all permits and
approvals required to date under this Loan Contract or for the undertaking or
completion of the Project and the financing or refinancing thereof. The
Municipality has complied with all applicable provisions: of law requiring any
notification, with any governmental body or officer in connection with this Loan
Contract or with the undertaking or completion of the Project and the financing
or refinancing thereof.
(g) Compliance with Law. The Municipality:
(1) . is in compliance with all laws, ordinances, governmental rules
and regulations to which it is subject, including, without limitation, any
public hearing or public notice requirements or environmental review
requirements contained in the Regulations, with which the failure to comply
would materially adversely affect the ability of the Municipality to
conduct its activities, enter into this Loan Contract or undertake or
complete the Project; and
(2) has obtained all licenses, permits, franchises or other
governmental authorizations presently necessary for the ownership of its
property which, if not obtained, would materially adversely affect the
ability of the Municipality to complete the Project.
(h) Use of Loan Proceeds. The Municipality will apply the proceeds of the
Loan as described in Article II: (1) to finance or refinance a portion of the
Project Costs; and (2) where applicable, to reimburse the Municipality for a
portion of the Project Costs, which portion was paid or incurred in anticipation
of reimbursement by NDEQ and is eligible for such reimbursement pursuant to the
Regulations. All of such costs constitute Project Costs for which NDEQ is
authorized to make Loans to the Municipality pursuant to the Act and the
Regulations.
(i) Project Costs. The Municipality certifies that the Project Costs, as
listed in Attachment B, are reasonable and accurate estimations and, upon
direction of NDEQ, will supply the same with a certificate from its engineer
stating that such costs are reasonable and accurate estimations, taking into
account investment income, if any, to be realized during the course of
construction of the Project and other money that would, absent the Loan, have
been used to pay the Project Costs.
Section 3 .02. Particular Covenants of the Municipality.
(a) Dedicated Source of Revenue for Repayment of the Loan. The
Municipality hereby pledges the Wastewater User Charge as the dedicated source
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•
of revenue for the repayment of the Loan; provided, however, payment of the
principal of and interest on this Loan is subordinate to the payments to be made
from the revenues of the Wastewater Treatment Works on debt obligations
established by the Ordinance of 1994. The Loan shall not in any event be a debt
of the Municipality within the meaning of any constitutional, statutory or
charter limitation upon the creation of general obligation indebtedness of the
Municipality, nor shall it impose any general liability upon the Municipality,
and the Municipality shall not be liable for the payment of the Loan out of any
funds of the Municipality other than the revenues of the Wastewater Treatment
Works established by the Ordinance of 1994 as provided in this Section 3 .02 (a) .
The Municipality shall fix, establish, maintain and collect such rates, fees and
charges for the use and services furnished by or through the Municipality's
Wastewater Treatment Works, including all improvements and additions hereafter
constructed or acquired by the Municipality, as will provide revenues sufficient
to (i) pay the cost of the operation and maintenance, and replacement of the
wastewater Treatment Works, (ii) pay at least 110% of the principal of and
interest on the Loan as and when the same become due, and (iii) pay all other
amounts due at any time under this Loan Contract, provided, however, the lien of
NDEQ on the revenues of the Municipality's Wastewater Treatment Works shall be
subordinate to the lien on such revenues of the Municipality's outstanding
Wastewater Treatment System revenue bonds issued pursuant to the Ordinance of
1994 and any additional Wastewater Treatment System revenue bonds hereafter
issued on parity with such outstanding revenue bonds. These revenues shall be
budgeted and programmed to provide sufficient monies on hand to make the
scheduled payment. The Municipality agrees to develop the User Charge System
based on actual or estimated use of wastewater treatment services, providing
that each user or user class pay its proportionate share of operation and
maintenance (including replacement) costs of treatment costs within the
Municipality's service area, based on the user's proportionate contribution to
the total wastewater loading from all users or user classes and to conduct at
least a biennial review of user charge rates to review the adequacy of the user
charge rates. The Municipality agrees the initial financial analysis performed
by NDEQ in Attachment B is a reasonable estimate of the Project Costs, of the
financial situation of the Municipality in relation to this Project, and of the
user charges necessary at the time of initiation of operation of the Project.
The NDEQ may review this information annually to insure the Municipality's
compliance with the Loan conditions and update Attachment B to reflect any
changes.
•
(b) Performance. Under Loan Contract. The Municipality covenants and
agrees:
(1) to comply with all applicable State and Federal laws, rules and
regulations (including, but not limited to the Federal crosscutting issues
listed in Appendix F of the EPA's Initial Guidance for State Revolving
Funds and set forth on Attachment D hereto and NDEQ Regulations) , in the
performance of this Loan Contract; and
(2) to cooperate with NDEQ in the observance and performance of the
respective duties, covenants, obligations and agreements of the
Municipality and NDEQ under this Loan Contract.
(c) Completion of Project and Provision of Moneys Therefor. The
Municipality covenants and agrees:
(1) to exercise its best efforts in accordance with prudent
wastewater treatment utility practice to complete the Project and to so
accomplish such completion on or before the estimated Project completion
date set forth in Article II hereto; and
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1
(2) to provide from its own financial resources all moneys, in excess
of the total amount of proceeds it receives under the Loan, required to
complete the Project.
(d) Delivery of Documents. Concurrently with the delivery of this Loan
Contract (as previously authorized and executed) at the Loan Closing, the
Municipality will cause to be delivered to NDEQ each of the following items:
(1) Counterparts of this Loan Contract (as previously executed by
parties hereto) ;.
(2) copies of the ordinances and/or resolutions of the governing body
of the Municipality authorizing the execution and delivery of this Loan
Contract certified by an Authorized Representative;
(3) an Opinion of Municipality's Counsel substantially in the form of
Attachment E hereto;
(4) an executed Note (or other
evidence of indebtedness) evidencing
the Municipality's obligations under this Loan Contract in the form of
Attachment F; and
(5) such other certificates, documents, opinions and information as
NDEQ may require.
(e) Operation and Maintenance of Wastewater Treatment System. The
Municipality covenants and agrees that it shall, in accordance with prudent
wastewater treatment utility practice:
(1) at all times operate the properties of its Wastewater Treatment
Works in an efficient manner; and
(2) maintain its Wastewater Treatment Works, making all necessary and
proper repairs, renewals, replacements, additions,. betterments and
improvements necessary to maintain its system in good repair, working order
and operating condition.
(f) Disposition of Wastewater Treatment Works. The Municipality covenants
that it intends to own and operate the Project at all times during the term of
the Loan. The Municipality does not know of any reason why the Project will not
be so used in the absence of (i) supervening circumstances not anticipated by
the Municipality at the time of the Loan, (ii) adverse circumstances beyond the
control of the Municipality or (iii) obsolescence of such insubstantial parts or
portions of the .Project as may occur as a result of normal use thereof.
The Municipality shall not sell, lease, abandon or otherwise dispose of all
or substantially all of its Wastewater Treatment Works except on ninety (90)
days' prior written notice to NDEQ and, in any event, shall not so sell, lease,
abandon or otherwise dispose of the same unless the Municipality shall in
accordance with Section 4.02 hereof assign this Loan Contract and its rights and
interests hereunder to the purchaser or lessee of the Wastewater Treatment Works
and such purchaser or lessee shall assume all duties, covenants, obligations and
agreements of the Municipality under this Loan Contract. In no event shall the
Municipality sell, lease. abandon or otherwise dispose of the wastewater
Treatment Works to any person or entity other than a municipal corporation or
other political subdivision of the State of Nebraska or any combination thereof,
that has legal responsibility to treat wastewater.
Before any proposed disposition of the Wastewater Treatment Works can be
made, the Municipality shall provide NDEQ with an opinion of a nationally
recognized bond counsel that such proposed disposition is permitted by the
provisions of this subparagraph, and further, that such disposition shall not
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endanger the exclusion from gross income for federal income tax purposes of the
interest on any bonds issued to fund deposits into the Fund, nor shall it
relieve the Municipality of its duties, covenants, obligations and agreements '
under this Loan Contract.
(g) Records and Accounts.
(1) The Municipality shall keep accurate records and accounts for its
Wastewater Treatment System (the "System Records") , separate and distinct
from its other records and accounts (the "General Accounts") . Such System
Records shall be audited annually by an independent registered municipal
accountant, which may be part of the single agency audit made on the
Municipality's General Accounts in accordance with the Federal Single Audit
Act of 1984, OMB Circular No. A-128, Audits of State and Local Governments,
if total state and federal funds exceed a total of $25,000 for the
Municipality's fiscal year. Such System Records and General Accounts shall
be made available for inspection by NDEQ at any reasonable time, and a copy
of the Municipality's annual audit, including all written comments and
recommendations of such accountant, shall be furnished to NDEQ within 270
days of the close of the fiscal year being so audited.
(2) The Municipality shall maintain Project accounts in accordance
with generally accepted government accounting standards defined in the
Government Accounting, Auditing, and Financial Reporting Manual (1988 Ed.)
issued by the Government Finance Officers Association.
(h) Inspections; Information. The Municipality shall permit the EPA, NDEQ
and any party designated by NDEQ to examine, visit and inspect, at any and all
reasonable times, the property, if any, constituting the Project, and to inspect
and make copies of any accounts, books and records, including (without
limitation) its records regarding receipts, disbursements, contracts,
investments and any other matters relating thereto and to its financial
standing, and shall supply such reports and information as the EPA and NDEQ may
reasonably require in connection. therewith.
(i) Insurance. The Municipality will carry and maintain such reasonable
amount of all risk insurance on all properties and all operations of the
Wastewater Treatment Works as would be carried by similar sized municipal
operators of Wastewater Treatment Works, insofar as the properties are of an
insurable nature. The Municipality will maintain a self insurance program
capable of paying liabilities in amounts not less than the maximum liability of
a governmental entity for claims arising out of a single occurrence, as provided
by the Nebraska Political Subdivisions Tort Claims Act, Neb.Rev.Stat. §§13-901
to 13-926, or other similar future law.
(j) Continuing Representations. The representations of the Municipality
contained herein shall be true at the time of the execution of this Loan
Contract and at all times during the term of this Loan Contract.
(k) Notice of Material Adverse Change. The Municipality shall promptly
notify NDEQ of any material adverse change in the activities, prospects or
condition (financial or otherwise) of the Municipality's Wastewater Treatment
works, or in the ability of the Municipality to make all Loan Repayments and
otherwise observe and perform its duties, covenants, obligations and agreements
under this Loan Contract.
(1) Additional Covenants and Requirements. If necessary in connection
with the making of the Loan, additional covenants and requirements have been
included. The Municipality agrees to observe and comply with each such
additional covenant and requirement, if any.
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ARTICLE IV
ASSIGNMENT
Section 4.01. Assignment and Transfer by NDEQ. The Municipality hereby
approves and consents to any assignment or transfer of this Loan Contract that
NDEQ deems necessary in connection with the operation and administration of the
Fund. The Municipality hereby specifically approves the assignment and pledging
of the interest portion of the Loan Repayments to NIFA.
Section 4.02. Assignment by the Municipality. This Loan Contract may not
be assigned by the Municipality for any reason, unless the following conditions
shall be satisfied:
(a) NDEQ shall have approved said assignment in writing;
(b) the assignee is a city, town, village, district, association,
county or other public body created by or pursuant to State law of the
State of Nebraska or any combination thereof, that has legal responsibility
to treat wastewater;
(c) the assignee shall have expressly assumed in writing the full and
faithful observance and performance of the Municipality's duties,
covenants, and obligations under this Loan Contract; provided, however,
such assignment shall not relieve the Municipality of its duties,
covenants, and obligations under this Loan Contract;
(d) the assignment will not adversely impact NDEQ's ability to meet
its duties, covenants and obligations under the Pledge Agreement nor may
the assignment endanger the exclusion from gross income for federal tax
purposes of the interest on any bonds issued by NIFA to fund deposits into
the Fund; and
(e) the Municipality shall provide NDEQ with an opinion of a
nationally recognized bond counsel that each of the conditions set forth in
subparagraphs (b) , (c) , and (d) hereof have been met.
ARTICLE V
Section 5.01. Events of Default and Remedies.
(a) Violation or noncompliance of any of the provisions of this Loan
by the Municipality or failure of the Municipality to complete and maintain
the Project in the manner proposed by the Municipality and approved by the
NDEQ may result in a cancellation of this Loan and a demand that any
outstanding balance of principal and interest be paid immediately.
(b) In the event that the Municipality makes a late payment pursuant
to the Loan repayment schedule in Attachment C, the NDEQ may assess a
penalty. Late payments will subject the Municipality to a 5 percent
administrative penalty on the delinquent amount. Penalty interest shall
accrue at the rate of 1 percent per month of the amount of the late payment
from and after the due date until it is paid.
(c) If the Municipality fails to make any payment of principal and
interest, late fee, and penalty interest imposed pursuant to this Loan
within sixty days of the due dates specified in Section 2.05, the payment
shall be deducted from the amount of aid to municipalities to which the
Municipality is entitled under Neb. Rev. Stat. 5§77-27,136 to 77-27,137.01.
Such amount shall be paid directly to the Wastewater Treatment Facilities
Construction Loan Fund.
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Section 5.02. Notice of Default. Before any action is taken under this
Article, the .NDEQ shall give thirty days written notice of the NDEQ's intent to
the Municipality. The Municipality shall. have the thirty day time period to
comply with the violated contractual term. If compliance is achieved the Loan
shall revert to good standing.
ARTICLE VI
•
MISCELLANEOUS
Section 6.01. Hold Harmless Agreement. The State of Nebraska and the
NDEQ, and the officers, agents, and employees of each, shall have no
responsibility or liability for the construction, operation and maintenance of
the Project. The Municipality shall be responsible for such construction,
operation and maintenance and shall assume responsibility for any claims,
demands, damages, losses, costs, expenses, or liability accruing or resulting to
any and all contractors, subcontractors, employees, and any other-person,.firm,
or corporation furnishing or supplying services, materials, or supplies in•
•
connection with construction of the Project, and for any and all claims,
demands, damages, losses, costs, expenses, or liability occurring or resulting
to any person, firm, or corporation, as a result of or
incident to, either in
whole or in part, whether directly or indirectly, the construction of the
Project.
Section 6.02. Waivers. Any waiver at any time of rights or duties under
this Loan Contract shall not be deemed to be a waiver of any subsequent right or
duty under this Loan Contract.
Section 6.03 . Amendments, Supplements and Modifications. This Loan
Contract maynot be amended, supplemented or modified without the prior written
consent of NIFA; provided, however, the consent of NIFA is not required to
revise Attachment B and Attachmen
t C hereto. An executed copy of any amendment
to this Loan Contract including revision of Attachments shall be immediately
provided to NIFA.
Section 6.04. Notices. All notices, certificates or other communications
hereunder shall be sufficiently given and shall be deemed given when hand
delivered or mailed by registered or certified mail, postage prepaid, to the
Municipality at the address specified on Attachment A attached hereto and made a
part hereof and to NDEQ and NIFA at the following addresses:
(a) NDEQ:
Department of Environmental Quality
Suite 400
• 1200. "N" Street, The Atrium
P.O. Box 98922
Lincoln, NE 68509-8922
(b) NIFA:
Nebraska Investment Finance Authority
Commerce Court
1230 "0" Street, Suite 200
Lincoln, NE 68508
•
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•
•
All notices given by registered or certified mail as aforesaid shall be
deemed duly given as of the date they are so mailed. Any of the foregoing
parties may designate any further or different addresses to which subsequent
notices, certificates or other communications shall be sent, by notice in
writing given to the others.
Section 6.05. Severability. In the event any provision of this Loan
Contract shall be held illegal, invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate, render unenforceable
or otherwise affect any other provision hereof.
Section 6.06. Binding Effect. This Loan Contract shall inure to the
benefit of and shall be binding upon NDEQ and the Municipality and their
respective successors and assigns.
Section 6.07. Execution in Counterparts. This Loan Contract may be
executed in several counterparts, each of which shall be deemed to be an
original and all of which shall constitute but one and the same instrument.
Section 6.08. Governing Law and Regulations. This Loan Contract shall be.
governed by and construed in accordance with the laws of the State of Nebraska, .
including the Act and the Regulations which Regulations are, by this reference
thereto, incorporated herein as a part of this Loan Contract.
Section 6.09 . Consents and Approvals. Whenever the written consent or
approval of the State shall be required under the provisions of this Loan
Contract, such consent or approval may only be given by NDEQ.
Section 6.10. Further Assurances. The Municipality shall, at the request •
of NDEQ, authorize, execute, acknowledge and deliver such further resolutions,
conveyances, transfers, assurances, financing statements and other instruments
as may be necessary or desirable for better assuring, conveying, granting,
assigning and confirming the rights, security interests and agreements granted
or intended to be granted by this Loan Contract.
Section 6.11. Notice to Trustee. NDEQ shall deliver a notice of this. Loan
in the form of Attachment H hereto, and other pertinent information relating
thereto, to the Trustee for any bonds of NIFA issued to fund deposits into the
Fund.
IN WITNESS THEREOF, the parties hereto have caused this Loan Contract to be
executed and delivered as of the date set forth below.
CITY NEBRASKA DEPARTMENT OF
77117-rt/CLITI\Or.11
By
By
Title MAYOR Title DIRECTOR Date , J .9/ r Date `Y Ifi ( /7C
5 S
ATTEST: APPROVED AS TO FORM
A47
City Cl k D y A�j ney
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•
•
ATTACHMENT .A.
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
THE CITY ,OF OMAHA, NEBRASKA
•
•
•
•
ADDRESS OF MUNICIPALITY
AND
PROJECT DESCRIPTION
1
ATTACHMENT A
ADDRESS OF MUNICIPALITY
City of Omaha, Nebraska
Omaha/Douglas Civic Center
1819 Farnam Street
Omaha, NE 68183
PROJECT DESCRIPTION
SRF Project No. C317005-01
The SRF funded project will include rehabilitation and improvements to
three areas of existing City wastewater facilities. These are the Monroe Street
Lift Station, the Monroe Street Lift Station's Force Main, and the South Inlet
Headworks of the Missouri River Wastewater Treatment Facility.
The rehabilitation of the Monroe Street Lift Station includes modification
of the screening equipment, grit removal process, and ventilation, heating, and
electrical equipment of the Station. It also includes the addition of grease
removal equipment to the grit basins; odor control equipment; and a new pumping
unit and force main.
The rehabilitation of the Monroe Street Lift Station's Force Main includes
replacing one of the two existing parallel 42-inch force mains with a new 24-
inch force main. In addition, new electrically operated control valves will be
installed and modifications will be made to the existing valve vault and
diversion structure.
The renovation of the South Inlet Headworks includes installing a new
Parshall flume insert, replacing three corroded grit basin slide gates with new
motor operated slide gates, and other miscellaneous concrete repair and .
equipment improvements to the headworks.
1
ATTACHMENT B • ' •
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY •
AND
THE CITY OF OMAHA, NEBRASKA
PROJECT COSTS
AND
FINANCIAL ANALYSIS
,
. ;
Table 8 . '.
1.1
OPINION OF PROBABLE CONSTRUCTION COST
. REHABILITATION.OF MONROE STREET STATION AND 1.
SOUTH INLET HEADWORKS IMPROVEMENTS
i
,
MONROE STREET STATION
PIPELINE IMPROVEMENTS . . .. .. • ` .. - J
1. Remove.42" CIP Force Main 1500 LF $ 30,000 l
2. Install 24" DIP Force Main 1500 LF 110,000
3. Install 6" Grease Piping & Insulation 2000 LF 100,000
4. Modify Existing Valve Vault . 1 Ea 70,000 •
5. Ball Valves
24" Valve 1 Ea 30,000
42" Valve '
1 Ea 70,000
6. Cleanouts on Grease Piping 16 Ea 50,000 •.
7. Supports for Grease Piping 75 Ea 10,000
8. 10" Drain for 42" Storm Sewer Force Main 500 LF 15,000
9. 10" Motor Operated Plug Valve for Storm Drain 1 Ea 5,000
10. Modify South Inlet Headworks 1 Ea 20,000
11. Modify Existing Division Structure 1 Ea . 45,000
R
STATION IMPROVEMENTS
12. Grit Handling Facilities
Clean Basin and Aeration Piping
1 Ea 5,000
Replace Aeration Blowers 2 Ea 20,000
Grit Pumps 2 Ea 25,000
Hydroclone/Dewatering Screws 2 Ea 100,000
•
Grit Piping 1 Ea 10,000
Submersible Dewatering Pump • 1 Ea 5,000
13. Grease Handling Facilities
Rotating Grease Troughs 2 Ea 40,000
Grease Spray System & Hot Water Wash 1 Ea 15,000
Grease Grinder 2 Ea 20,000
Grease Pumps
2 Ea 30,000
14. Rehab & Replace Existing Screening Equipment •
Bar Screens - 2 Ea 335,000
Replace Screenings Conveyor • 1 Ea 20,000
15. Odor Control System 1 Ea 200,000
Icdlbrpt.1 • - 43 -
16. Fiberglass Grit Basin Covers or Structural Modifications
for Lower Level Access 1 Ea 60,000
17. Upgrading HVAC to New Codes 1 Ea 180,000
18. Upgrading Electrical to New Codes 1 Ea
Replace MCC's 2 Ea 75,000
Replace Conduit, Cable, & Lighting in Screenings
Room and Grit Basins 1 Ea • 10,000
Replace Lighting in remainder of Station 1 Ea 15,000
Gas Detection System 1 Ea 20,000
Electrical Equipment for New Construction 1 Ea 245,000
19. Miscellaneous Site Improvements .1 Ea . 150,000
20. Structural Modification - 1 Ea 250,000
21. Wastewater Pump 3500 gpm Angle Flow Pump 1 Ea 40,000
Subtotal $ 2,425,000
SOUTH INLET HEADWORKS IMPROVEMENTS
22. Parshall Flume 1 Ea $ 20,000
23. Concrete Rehabilitation in Inlet Channel 1 Ea 80,000
24. Grit Basin Slide Gate Improvements 3 Ea 50,000
25. Grit Basin Concrete Repair 1 Ea 35,000
26. New Grit Pumps 3 Ea 50,000
27. Grit Storage Container Housing 1 Ea 50,000
28. Grit Basin Flow Improvements 3 Ea 60,000
29. Miscellaneous Site Improvement 1 Ea 50,000
Subtotal $ 395,000
30. General Requirements 197,000
31. Contingencies 423,000
PROBABLE CONSTRUCTION COST $ 3,440,000
32. Engineering, Administrative, etc. 688,000
•
PROBABLE PROJECT COST $ 4,128,000
SRF LOAN AMOUNT $ 4,000,000
lcdlbrpt.l
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CITY OF OMAHA
FINANCIAL ANALYSIS
The following figures and information is based on the information submitted
by the City of Omaha. This information was provided in their Sewer User Charge
Study 1990-1994, prepared by the City of Omaha, Finance Department and the Omaha
Sewer Revenue Funds Financial Statements and Schedules December 31, 1993, 1992
and 1991, prepared by Deloitte and Touche in cooperation with Hayes and .
Associates, CPA.
Charts from the City of Omaha Sewer User Charge Study are included at the
end of this analysis. The first chart estimates the impact of rate increases on
monthly customer billings for 1990-1994. As of September 30, 1994, the system
serviced 129,820 customers. The second chart estimates the Sewer Revenue Fund
revenue requirements for 1990-1994. In this chart a set aside for Capital Asset
Replacement Program (CARP) is shown under the heading of Capital Requirements.
This set aside is dedicated to asset replacement and is the budget item under
which the repayment of this loan obligation will be made.
AUDITED FINANCIAL STATEMENTS FOR YEAR ENDING DECEMBER 31, 1993
The following costs where incurred by the City of Omaha for the year ending
December 31, 1993 . These are costs associated with the entire Sanitary Sewer
and Wastewater Treatment System.
Operating Expenses:
Payroll, related taxes and benefits $10,827,533
Outside services 5,631,269
Commodities 2,545,008
Operating expenses $19,003,810
(Depreciation and amortization exempted)
The City of Omaha recently issued one series of 1994 refunding bonds
refunding 1985 and 1986 bonds. This new series is payable solely from the
City's sewer revenue funds. The following amortization schedule provides debt
service information for the debt service ratio calculation.
December 31, Principal Interest Total
1995 $ 2,500,000 1,165,064 3,665,064
1996 2,900,000 1,116,638 4,016,638
1997 3,020,000 987,788 4,007,788
1998 3, 160,000 845,578 4,005,578
1999 3,310,000 690,223 4,000,223
Later years 11,910,000 1,035,554 12,945,554
$26, 800,000 5,840,845 32,640, 845
The following is a schedule, by years, of future minimum lease payments
under the City of Omaha's sewer revenue capital lease, together with the present
value of the net minimum lease payments as of December 31, 1993 :
Fiscal
Year Ending
1994 360,000
1995 360,000
1996 360,000
1997 360,000
Total minimum lease payments $1,440,000
The user charge revenues collected by the City of Omaha for year ending
December 31, 1993 totaled $28,119,920 plus interest income of $665,155 makes for
a.combined total of operating and non-operating revenue of $28,785,075.
Net operating revenue for year ending December 31, 1993 is therefore $28,785,075
- $19,003,810 = $9,781,265.
The debt service for 1993 is composed of $4,083,258 for the revenue bonds
plus principal and interest of $360,000 on capital lease obligation plus
$1,301,669 principal interest and fee for an existing SRF loan: obligation which
totals $5,744,927.
1993 Debt Service Ratio = Net Operating Revenue = $ 9,781,265
Debt Service 5,744,927
= 1.70
Audited Financial Statements for Year Ending December 31, 1991 and December 31,
1992
Operating Expenses: 1991 1992
Payroll, related taxes and benefits $ 9,427,178 $ 9,937,692
Outside services 5,953,059 5,419,972
Commodities 2,315,454 2,095,374
Total operating revenues $17,695,691 $17,695,691
(Depreciation and amortization exempted)
Operating Revenues:
Sewerage service charges $26,456,136 $27,311,055
Misc. revenues 36,301
Total operating expenses $26,492,437 $27,311,055
Non-operating Revenue:
Interest income $ 963,208 $ 531,604
Total Operating and Non-operating Revenues $27,455,645 $27,842,659
Net operating revenue $ 9,759,954 $10,389,621
The debt service for 1992 is composed of principal and interest on revenue
bonds of $4,081,838 plus principal and interest of $360,000 on capital lease
obligation which totals $4,441,838
1992 Debt Service Ratio = Net Operating Revenue
Debt Service
= $10,389,621
4,441,838
= 2.34
The debt service for 1991 is composed of principal and interest on revenue
bonds of $4,084,158 plus principal and interest of $360,000 on capital lease
obligation which totals $4,444,158.
•
1991 Debt Service Ratio = Net Operating Revenue = 9,759,954 = 2.20
Debt Service 4,444,158
Estimated Cash Flow Projection for Year Ending December 31, 1994
It is estimated in the Finance Department's User Charge Study that the
total operation and maintenance cost and other operating expenses will be
$22,921,100 for the year ending December 31, 1994.
The estimated total operating revenue for 1994 which is based on an average
5.25% rate increase effective January 1994 is $31,181,318 plus an estimated
interest income of $800,000 for a projected total of $31,981,318 for the 1993
operating and nonoperating revenue.
Estimated Net Operating Revenue for 1994 is $31,981,318 - 22,921,100 =
$9,060,218.
The estimated debt service for 1994 is composed of $4,006,567 for the
revenue bonds and a projected $684,280 principal and interest and fee amount for
an existing SRF loan obligation. Also included is a $360,000 principal and
interest payment for a capital lease obligation for a 1994 debt service total. of
$5,050,847 .
For the year ending December 31, 1994 the estimated Debt Service. Ratio is:
Estimated Net Operating Revenue = $9,060,218
Projected Debt Service 5,050,847
1994 Estimated Debt Service Ratio = 1.79
NDEQ projected cash flow for years ending December 31, 1995 thru December
31, 1997.
The following estimates have been generated by NDEQ using Omahas estimated
annual operating expenses increase for the past 4 years and their average annual
rate increases. These are 5.1% for the average estimated annual operation and
maintenance cost and other expenses and 5 .6% for the average annual rate
increase starting in 1996 . Omaha is scheduling a rate study for 1995 with a new
rate structure to be initiated in 1996. A 1% revenue increase is estimated for
1995 based on probable increased water use. Interest incomes are projected
equivalent to the 1992 through 1994 levels. The estimated annual debt service
is projected by the debt service schedules available. The new estimated SRF
loan obligation and annual principal, interest and fee payment follow the
amortization schedule found in attachment C of the Loan Contract.
CITY OF OMAHA
NDEQ Estimated Cash Flow
Projection For The Year Ending December 31
Estimates 1995 1996 1997
1. Total O&M Cost
& other expenses $24,090,076 $25,318,670 $26,609,922
2. Total
Operating Revenue 31,493,131 33,256,747 35,119,124
3 . Interest 800,000 800,000 800,000
Income
4. Total
Operation and
Non-operating 32,293,131 34,056,747 35,919,124
Revenue = 2 + 3
5. Net Operating
Revenue = 4 - 1 8,203,055. 8,738,077 9,309,202
6. Maturities on
Long-term Debt 3,665,064 4,016,638 4,007,788
7. Capital Lease
Obligation 360,000 360,000 360,000
8 . Existing SRF
Loan Debt 2,027,514 2,272,277 2,256,908
9 . New SRF Loan
Debt - - - 523,714 520,325
10. Total
Projected Debt
Service = 6 + 7
+8 + 9 6,052,578 7,172,629 7,145,021
11. Debt Service
Ratio = 5/10 1.35 1.22 1.30
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ATTACHMENT C
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT- OF ENVIRONMENTAL QUALITY
AND
•
THE CITY OF OMAHA, NEBRASKA
•
•
•
PROJECTED OUTLAY SCHEDULE
AND
PROJECTED LOAN REPAYMENT SCHEDULE
ATTACHMENT C
THE CITY OF OMAHA, NEBRASKA
SRF PROJECT NO. C317005-01
PROJECTED OUTLAY SCHEDULE
MONTHLY PAYMENTS
June 1995 $ 180,000.00
July 1995 250,000.00
August 1995 250,000.00
September 1995 350,000.00
October 1995 350,000.00
November 1995 250,000.00
December 1995 200,000.00
January 1996 150,000.00
February 1996 150,000.00
March 1996 200,000.00
April 1996 250,000.00
May 1996 350,000.00
June 1996 320,000.00
July 1996 300,000.00
August 1996 250,000.00
September 1996 200,000.00
TOTAL $4,000,000.00
OUTLAYSH/SECWWFS/SRF7005
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•
ATTACHMENT D
TO THE LOAN
BETWEEN .
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
LIST OF FEDERAL LAWS AND AUTHORITIES
ENVIRONMENTAL:
- Archeological and Historic Preservation Act of 1974, PL 93-291
Clean Air Act, 42 U.S.C. 7506 (c)
- Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq.
- Coastal Zone Management Act of 1972, PL 92-583, as amended
- Endangered Species Act 16 U.S.C. 1531, et seq.
- Executive Order 11593, Protection and Enhancement of Cultural Environment
- Executive Order 11988, Floodplain Management
- Executive Order 11990, Protection of Wetlands
- Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.
- Fish and Wildlife Coordination Act, PL 85-624, as amended
National Historic Preservation Act of 1966, PL 89-665, as amended
- Safe Drinking Water Act, section 1424 (e) , PL 92-523, as amended
- Wild and Scenic Rivers Act, PL 90-542, as amended
ECONOMIC:
Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754,
as amended
Section 306 of the Clean Air Act and Section 508 of the Clean Water Act,
including Executive Order 11738, Administration of the Clean Air Act and
the Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans
SOCIAL LEGISLATION:
Age Discrimination Act, PL 94-135
Civil Rights Act of 1964, PL 88-352
D-1
- Section 13 of PL 92-500; Prohibition against sex discrimination under the
Federal Water Pollution Control Act
Executive Order 11246, Equal Employment Opportunity
Executive Orders 11625 and 12138, Women's and Minority Business Enterprise
Rehabilitation Act of 1973, PL 93-112
MISCELLANEOUS AUTHORITY:
Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL
91-646
Executive Order 12549 - Debarment and Suspension
D-2
ATTACHMENT E
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
MUNICIPALITY'S COUNSEL'S
OPINION
OF coNHA,NFe�
OR4TF D FEBR�r4 APR
R e,
�J9Jk
City of Omaha �a,.1... �:',�-,,
Hal Daub,Mayor "YC
Law Department -
Omaha/Douglas Civic Center
1819 Farnarn Street,Suite 804
Omaha,Nebraska 68183-0804
(402)444-5115
Telefax(402)444-5125
Herbert M.Fide
City Attorney
30 March, 1995
NEBRASKA INVESTMENT FINANCE AUTHORITY
Gold's Galleria
1033 "0" Street-Suite 218
Lincoln,Nebraska 68508
ATTENTION: EXECUTIVE DIRECTOR
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
1200 "N" Street- The Atrium- Suite 1200
Lincoln,Nebraska 68509-8922
ATTENTION: WASTEWATER FACILITIES SECTION
WATER QUALITY DIVISION
FIRSTIER BANK, NATIONAL ASSOCIATION, LINCOLN
233 South 13 Street
Lincoln,Nebraska 68508
ATTENTION: CORPORATE TRUST OFFICER-
Ladies and Gentlemen:
I have acted as counsel in connection with the execution and delivery by the City of Omaha,a Metropolitan
Class City(the "Municipality"),of a Contract for Loan dated as of 29 March, 1995 (the "Loan Contract"),
between the Municipality and the Nebraska Department of Environmental Quality ("NDEQ"), and the
issuance of a Promissory Note dated the date hereof(the "Note"),by the Municipality to NDEQ. All terms
used in this opinion letter and not defined shall have the meanings given to them in the Loan Contract.
NEBRASKA INVESTMENT FINANCE AUTHORITY
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
FIRSTIER BANK,NATIONAL ASSOCIATION,LINCOLN
30 March, 1995
Page 2
In this connection, I have examined the following:
a) A certified copy of the Ordinance No. 33520 pursuant to which the Loan Contract and Note are to be
entered into;
b) An executed counterpart of the Loan Contract;
c) The executed Note; and,
d) Such other documents as I deem relevant and necessary in rendering this opinion.
As to questions of fact material to my opinion, I have relied upon the certified proceedings and other
certifications of public officials furnished to me without undertaking to verify the same by independent
investigation.
Based upon the foregoing, I am of the opinion that:
1. The Municipality is a Metropolitan Class City duly organized and validly existing under the Laws of
the State of Nebraska.
2. The Municipality is a governmental unit, as such term is used in Section 141(b)(6) of the Internal
Revenue Code of 1986, as amended.
3. The Municipality has the power and authority to enter into the Loan Contract, to issue the Note, to
borrow the entire principal amount provided for in Section 2.01 of the Loan Contract (the "Principal
Amount") and to perform its obligations under the Loan Contract and the Note.
4. The Loan Contract and the Note have been duly authorized, executed, and delivered by the
Municipality and are,and would be if the entire Principal Amount were advanced to the Municipality
pursuant to the Loan Contract on the date of this opinion,valid and legally binding special obligations
of the Municipality, payable solely from the sources provided therefor in the Loan Contract,
enforceable in accordance with their respective terms, except to the extent that the enforceability
thereof may be limited by laws relating to bankruptcy, insolvency or other similar laws affecting
creditors' rights generally and general principles of equity.
5. Pursuant to Sections 18-1803, 18-1804, and 18-1805, Reissue Revised Statutes of Nebraska, 1943
(Reissue 1987) along with Section 5.31 of the Home Rule Charter of the City of Omaha, the Loan
Contract creates a valid lien on the funds pledged by the Municipality pursuant to Section 3.02 of the
Loan Contract for the security of the Loan Contract and the Note and no other debt of the Municipality
is secured by a superior lien on such funds except that described in Section 3.02 of the Loan Contract.
NEBRASKA INVESTMENT FINANCE AUTHORITY
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
FIRSTIER BANK,NATIONAL ASSOCIATION,LINCOLN
30 March, 1995
Page 3
6. The Municipality has obtained or made all approvals, authorizations, consents or other actions of, and
p tY PP
filings,registrations or qualifications with,the Municipality or any other government authority which
are legally required to allow the Municipality to enter into and perform its obligations under the Loan
Contract and the Note and borrow the full Principal Amount pursuant to the Loan Contract and the
Note.
Very truly yours,
7/2j‘
ROBERT . AMER
Assistant City Atorney
HMF:pd:/p\bob\con\loanform\
•
•
ATTACHMENT F.
TO THE LOAN •
•
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL.QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
•
•
•
NOTE
Copy •
PROMISSORY NOTE OF THE CITY OF OMAHA, NEBRASKA
FOR VALUE RECEIVED, the undersigned (the "Municipality") promises to pay,
but solely from the sources described herein, to the order of the Nebraska
Department of Environmental Quality ("NDEQ") , or its successors and assigns, the
principal sum of not to exceed $4,000;000, to the extent disbursed pursuant to
Section 2.04 of the Loan Contract dated as of . 4 ' Ne-eck 1u45 ("the Loan
Contract") , with interest on each such amount until paid, as provided in Section
2.03 of the Loan Contract between NDEQ and the Municipality. In addition, the
Municipality shall pay an Administrative Fee on the outstanding principal amount
of this Note at the rate of 1.0 percent per annum as provided in the Loan
Contract. The said principal and interest and Administrative Fee shall be
payable in semiannual installments each payable on December 15 and June 15 of
each year in accordance with Section 2.05 of the Loan Contract. Each
installment shall be in the amount set forth opposite its due date in Attachment
C to the Loan Contract.
All payments under this Note shall be payable at the principal corporate
trust office of FirsTier Bank, National Association, Lincoln, in Lincoln,
Nebraska, or such other place as NDEQ may designate in writing.
This Note is issued pursuant to and is secured by the Loan Contract and
Ordinance No.5 2-4) , the terms and provisions of which are incorporated herein
by reference.
All payments of principal of and interest on this Note and other payment
obligations of the Municipality hereunder shall be limited obligations of the
Municipality payable solely out of the Wastewater User Charge (as defined in the
Loan Contract) and in accordance with Section 3 .02 (a) of the Loan Contract and
shall not be payable out of any other revenues of the Municipality. The
obligations of the Municipality under this Note shall never constitute or give
rise to a charge against its general credit or taxing power.
If default be made in the payment of any installment due under this Note or
by the occurrence of any one or more of the Events of Default specified in
Article V of the Loan Contract and if such Event of Default is not remedied as
therein provided, NDEQ then, or at any time thereafter, may give notice to the
Municipality that all unpaid amounts of this Note then outstanding, together
with all other unpaid amounts outstanding under the Loan Contract, are due and
payable immediately, and thereupon, without further notice or demand, all such
amounts shall become and be immediately due and payable. Failure to exercise
this option shall not constitute a waiver of the right to exercise the same at
any time in the event of any continuing or subsequent default.
The Municipality hereby waives presentment for payment, demand, protest,
notice of protest and notice of dishonor.
I
This Note and all instruments securing the same are to be construed o�QA
accordingA the laws of the State of Nebraska. Signed and sealed this
day of �/i"/cM 44 , 19y_
[SEAL] CITY OF OMAHA
At est:
By By
Title CI CLERK Title YOR
APPROVED AS TO FORM By ,-- ...._
Title CITY ENGINEER •
IT'x ATT ENVIRONMENTAL SERVICES
•
Pursuant to the Pledge Agreement dated as of January 1, 1991 as amended
(the "Pledge Agreement") , by and between NDEQ and the Nebraska Investment
Finance Authority ("NIFA") , and the Master Trust Indenture dated as of January
1, 1991, as supplemented and amended, by and between NIFA and FirsTier:Bank,
National Association, Lincoln, as trustee, NDEQ hereby assigns, grants and
conveys any and all of NDEQ's rights, title and interest in this Note to NIFA,
except as provided in the Pledge Agreement, and NIFA hereby assigns such rights,
title and interest to the Trustee and any successor Trustee.
NEBRASKA DEPARTMENT OF
�`\ ENVIRONMENTAL QUALITY
`MENt F... 1�
t1'QQOff ..9G�., By d►�
= V ..� to ? o Title DIRECTORA / I c
/' t\SEAL Date -7 CG•--7w '1 ) l' 1 S
�,` * /
r
: /` NT FIN CE AUTHORITY
Attest:
r -F :t1flCr
-0- -) J-
Date 4/03/1995
ATTACHMENT G
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
CERTIFICATE
•
CERTIFICATE OF THE CITY OF OMAHA, NEBRASKA.
The following certific tions are made in connection with the Contract for
Loan, dated as of a 91-Cc , 1995 (the "Loan Contract") between the
Nebraska Department of Environmental Quality ("NDEQ") and the City of Omaha,
Nebraska (the "Municipality") for the purpose of establishing compliance by the
Municipality with requirements for the maintenance of the tax exemption of
interest on the Nebraska Investment Finance Authority State Revolving Fund
Revenue Bonds, Series 1991, the Nebraska Investment Finance Authority State
Revolving Fund Revenue Bonds, Series 1993, the Nebraska Investment Finance.
Authority State Revolving Fund Revenue Bonds, ,Series' 1994, (the "Bonds") and
• such additional series of bonds as may be from time to time issued by the
Nebraska Investment Finance Authority ("NIFA") •
WHEREFORE, the undersigned hereby certifies on behalf of the Municipality
to the NDEQ, the NIFA and FirsTier Bank,. National Association, Lincoln,• as
trustee for the Bonds, as follows:
•
1. The undersigned is authorized to make the following certifications on.
behalf of the Municipality.
•
2. The Municipality represents that it reasonably expects that the design
and construction of the Project, as defined in the Loan Contract, will commence
within six months from the execution of the Loan Contract and that the design
and construction of the Project will proceed with due diligence thereafter to
completion.
3 . The proceeds of the loan pursuant to the Loan Contract will be used to
construct a facility that will be owned and operated by the Municipality. There
will be no contracts for the use of the facility other than contracts on a rate
scale basis. Specifically, the Municipality represents that there will be no
contracts for use of the Project that will require a non-governmental unit to
make payments to the Municipality without regard to actual use of the Project.
Dated this 7Z7 day of '1 , 1995.
THE CITY OF OMAHA, NEBRASKA •
Title: : /✓� �^� �
ATTACHMENT H
•
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
FORM OF NDEQ
REQUEST
TO THE TRUSTEE
•
STATE OF NEBRASKA
•
rNs srA. DEPARTMENT OF ENVIRONMENTAL QUALITY
04 `,For, Randolph.Wood
lw�'�.jf� yr, Director
,,I , Suite 400,The Atrium
-� j 1200'N'Street
'°1 r S"I P.O. Box 98922
Lincoln,Nebraska 68509-8922
R :--9 Phone (402)471-2186
•
E. Benjamin Nelson
Governor -
FirsTier Bank,• National Association XX Initial Allocation
233 South 13th Street Amendment •
Lincoln, NE 68508 • Final Allocation
- Attention: • Corporate Trust Officer
Pursuant to Section 4.03 of the Master Trust Indenture dated as of January
• 1, 1991, as amended (the "Indenture") by and between the Nebraska Investment
Finance Authority.and FirsTier Bank, National Association, Lincoln, as trustee
• (the "Trustee") , the Nebraska- Department of Environmental Quality hereby
notifies the Trustee of the following .Loan (capitalized terms used herein shall
have the meanings set forth in the Indenture) :
Name of Municipality: City of Omaha
Project No. : C317005-01
Loan Amount: $4,000,000
•
GENERAL PORTION (GP) *: $3,333,200 83.33% OF LOAN
Recycled Series 1991 Bond Proceeds
(Series 1991 Recycled Bond
Proceeds Subaccount) : $ % of GP % of Loan
Recycled Series 1993 Bond Proceeds
(Series 1993 Recycled Bond
Proceeds Subaccount) : $ % of GP % of Loan
Recycled Series 1994 Bond Proceeds
(Series 1994 Recycled Bond
Proceeds Subaccount) : • $ % of GP % of Loan
Other Funds
(General Loan Subaccount) : $3,333,200 100_% of GP 83 .33% of Loan
STATE MATCH PORTION (SMP) : $666,800 16.67% OF LOAN
State Appropriations
Subaccount: $ % of SMP. % of Loan
Bond Proceeds Subaccount:
Series 1993 Bond Proceeds $ % of SMP % of Loan
Series 1994 Bond Proceeds $666,800 _100% of SMP 16 .67% of Loan
Series Bond Proceeds $ % of SMP % of Loan
An Equal Opportunity/Affirmative Action Employer
Printed with soy ink on recycled paper
City of Omaha
Project Number: C317005-01
LEVERAGED PORTION (LP) : $ % OF LOAN
Bond Proceeds
(Leveraged Proceeds
Subaccount) : $ % of LP % of Loan
Recycled Series 1994 Bond Proceeds
(Series 1994 Recycled Leveraged of LP $ of Loan
Proceeds Subaccount) : $
Series 1991 Unrestricted
Loan Subaccount**: $ % of LP % of Loan
Series 1993 Unrestricted
Loan Subaccount**: $ % of LP % of Loan
Series 1994 Unrestricted
Loan Subaccount**:
*See Section 4.03 of the Indenture for instructions regarding the General
Portion.
**In the event that interest earning on proceeds of any Series of Bonds are
deposited into the Unrestricted Loan Subaccount, the portion of the Loan derived
from such proceeds of a Series of Bonds shall be separately set forth herein.
[NOTE: . Any one or two of the General Portion, State Match Portion and
Leveraged Portion may be 0% so long as the total equals 100% and provided that
whenever the General Portion is to be derived from the federal Letter of Credit
such portion will be sized according to federal requirements.]
The project outlay schedule and projected loan repayment schedule are
attached hereto. [Attach Attachment C to Loan Contract.] Pursuant to the
Indenture, disbursements from and deposits into the Trustee-Held Funds and
Accounts. (as defined in the Indenture) with respect to the above-referenced Loan
shall be made in accordance with the General Portion, State Match Portion and
Leveraged Portion described above and from the Accounts and subaccounts
specified, exceptotherwise direct
ed in writing by Nebraska Department of
as
Environmental Quality. 6
IN WITNESS WHEREOF, I have hereunto set my hand this 3 / % day of
ti , 19 '5
NEBRASKA DEPARTMENT OF
ENVIRO L QUALITY
By �.
[Authorized Signato
cc: Bart Moore
ATTACHMENT I
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
PROJECT SIGN
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ATTACHMENT J
TO THE LOAN
BETWEEN
NEBRASKA DEPARTMENT OF ENVIRONMENTAL QUALITY
AND
THE CITY OF OMAHA, NEBRASKA
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