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2020-10-05 SID 602 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 602 of Douglas County,Nebraska,(the"District")and hereby further certify as follows: 1. Annexed to this certificate is a true and correct transcript of the proceedings of the Board of Trustees of the District relating to a meeting of said District held on the date and at the time reflected in the meeting minutes contained in said foregoing transcript(the"Meeting"). All of the proceedings of the District and of the Board of Trustees thereof which are set out in the annexed and foregoing transcript have been fully recorded in the journal of proceedings of the District and the undersigned District Clerk has carefully compared the annexed and foregoing transcript with said journal and with the records and files of the District which are in such Clerk's official custody and said transcript is a full,true and complete copy of said journal,records and files which are set out therein. 2. Advanced notice for the Meeting was given by publication as set forth in the affidavit of publication contained in the foregoing transcript and was mailed to the Clerk of the municipality or county within whose zoning jurisdiction the District is located at least seven days prior to the date of the Meeting. Advanced notice for the Meeting, including notice of agenda subjects, was given to all members of the Board of Trustees. All news media requesting notification of meetings of said body were provided with advanced notice of the times and places of such meetings and the subjects to be discussed. 3. All of the subjects addressed at the Meeting were contained in the agenda for the Meeting, which agenda was kept continually current and readily available for public inspection at the address listed in the meeting notice for the Meeting and a copy of which is attached to this Certificate; such subjects were contained in said agenda for at least 24 hours prior to the Meeting and each agenda item was sufficiently descriptive to give the public reasonable notice of the matters to be considered at the Meeting. 4. A current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during the Meeting in the room in which such Meeting was held and all in attendance at the Meeting were informed that such copy of the Nebraska Open Meetings Act was available for review and were informed of the location of such copy in the room in which such Meeting was being held. At least one copy of all resolutions and other reproducible written materials,for which actions are shown in said proceedings,was made available for examination and copying by members of the public at the Meeting. 5. The minutes of the Meeting were in written form and available for public inspection within ten(10)working days after the Meeting or prior to the next convened meeting, whichever occurred earlier, at the office of the District; within thirty(30)days after the date of the Meeting, a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county within whose zoning jurisdiction the District is located. 6. No litigation is now pending or threatened to restrain or enjoin the District from the issuance and delivery of any warrants or other obligations issued by the District or the levy and collection of tax or other revenues or relating to any of the improvements for which any such warrants or other obligations were or are issued nor in any manner questioning the proceedings and authority under which any such warrants or other obligations were or are issued or affecting the validity thereof; neither the corporate existence or boundaries of the District nor the title of its present officers to their respective offices is being contested; no authority or proceedings for the issuance of any warrants or other obligations by the District have been repealed,revoked or rescinded as of the date hereof. All actions taken by the Board of Trustees referred to in said transcript were taken at a public meeting while open to the attendance of the public. IN WITNESS WHEREOF,we have hereunto affixed our official statures this 5th day of October,2020. Henry Luo, hahman `, Mitch He,Clerk MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 602 OF DOUGLAS COUNTY, NEBRASKA HELD AT 10:00 A.M. ON OCTOBER 5, 2020 AT 11440 W. CENTER ROAD, OMAHA,NEBRASKA. The meeting of the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska was convened in open and public session at 10:00 a.m. on October 5, 2020 at 11440 W. Center Road, Omaha,Nebraska, 68144. Present at the meeting were Trustees Mitch He, Henry Luo and Lingmein Huang. Also present were Larry A. Jobeun of Fullenkamp Jobeun Johnson & Beller, LLP, attorneys on behalf of the District and Joe Foley of FoleyShald Engineering, LLC, consulting engineers for the District. Trustees Aaron Yang and Sarah Luo were absent. The Board then noted that a copy of the Nebraska Open Meetings Act was available at these proceedings for inspection, the same being provided in accordance with State Law. Notice of the meeting was given in advance thereof by publication in The Daily Record on September 17 and 24, 2020, a copy of the Proof of Publication being attached to these minutes. Notice of the meeting was simultaneously given to all members of the Board of Trustees and a copy of their Acknowledgement of Receipt of Notice is attached to these minutes. Availability of the agenda was communicated in the published notice and in the notice of the Trustees of this meeting. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. The Clerk then certified that notice of this meeting had been given to the City of Omaha, Nebraska and the Douglas County Clerk at least seven days prior to the time set by the Board of Trustees for this meeting and filed his Certificate to that effect, said Certificate being attached to these minutes and made part hereof by this reference. The engineers first presented the Memorandum re: project status report dated October 5, 2020, for discussion by and among the Trustees and its representatives. The same was then discussed and the Clerk was directed to attach a copy of the memorandum to these minutes and by this reference is hereby incorporated. First, the Chairman presented the Memorandum for the project status of the various construction projects of the District, as prepared and submitted by FoleyShald Engineering, LLC, engineers on behalf of the District. There was then a brief discussion regarding the memorandum and the Clerk was directed to attach a copy of the same to these minutes, the same being incorporated herein by this reference. Next, the Chairman presented the Resolution of Necessity recommending the District enter into the Underground Service Agreement with Omaha Public Power District ("OPPD"), for and in consideration of the construction of the underground electrical distribution system and any related appurtenances, the same having been published on September 17 and 24, 2020 in The Daily Record, a paper of general circulation in Douglas County, Nebraska. It was then noted that no one from the public appeared in opposition of the above resolution and the same had been F posted in three (3) conspicuous places within the boundaries of the District. After discussion the Resolution contained in Exhibit "A" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees Luo, He and Huang, was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska that the Underground Service Agreement with OPPD for the construction of the underground electrical distribution system and related improvements and the payment of the construction services related thereto, hereby is approved and affirmed. The Board further authorized the Chair and Clerk to sign the Agreement on behalf of the District. BE IT FURTHER RESOVLED by the Board of Trustees that the payment to OPPD in connection with the Underground Service Agreement be made as part of these proceedings, said payment in the amount of $226,800.00 and to be issued of the Construction Fund Account of the District, to-wit. The Chairman next presented the following invoices and statements to be paid out of the General Fund Account of the District: a. Lutz& Company, PC for accounting services relating to completion of $3,250.00 the annual budget and audited financial statements (No. 270023). b. Kuehl Capital Corporation for advisory fees on the General Fund War- $ 97.50 rants issued at this meeting (3.0%). c. Kuehl Capital Corporation for financial advisor/fiscal agent services for $10,500.00 FY 2020/2021 (#2484). d. Piper Sandler& Co. for warrant processing fee on General Fund War- $ 276.95 rants issued at this meeting (2.0%). The Chairman next presented the following invoices and statements to be paid out of the Construction Fund Account of the District: e. TAB Holding Company, LLC for completion of a portion of the Pay- $519,729.03 ing Phase 1 improvements and in accordance with Pay Est. No. 2. f. Omaha Public Power District for construction and installation of the $226,800.00 underground electrical distribution system in Phase 1 and pursuant to the aloe approved USA. g. Fullenkamp Jobeun Johnson& Beller, LLP for legal services rendered $30,522.45 in connection with items e. (5%) and f. (2%)hereinabove. h. FoleyShald Engineering, LLC for engineering and design services on $40,528.42 various construction projects of the District(#1115). i. Thiele Geotech, Inc. for materials/compaction testing and jetting of $7,095.00 newly constructed sanitary and storm sewer, and paving in Section I (#70972, 70973, 70974). j. Kuehl Capital Corporation for advisory fees on the Construction Fund $24,740.25 Warrants issued at this meeting (3.0%). k. Piper Sandler& Co. for warrant processing fee on Construction Fund $16,988.30 Warrants issued at this meeting (2.0%). Upon a motion made, seconded and upon a roll call vote of"aye", the Board voted three (3) "ayes" and zero (0) "nay" to approve the payments from the General Fund Account and the Construction Fund Account of the District. The Clerk was then directed to attach copies of the invoices to these minutes. After discussion the Resolution contained herein below and by this reference incorporated was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees, was unanimously adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska that the Chairman and Clerk be and hereby are authorized and directed to execute and deliver Warrants No. 348 through 443 of the District, dated the date of this meeting, to the payees, for the following services and in the following amounts, said warrants to draw interest at the rate of 7% per annum, Warrants No. 348 through 353 to be payable from the General Fund Account of the District and to be redeemed no later than three (3) years of the date hereof being October 5, 2023 (the "General Fund Warrants"), and Warrants No. 354 through 443, inclusive, to be payable from the Construction Fund Account of the District (interest payable annually) and to be redeemed no later than five (5) years of the date of October 5, 2025 (the "Construction Fund Warrants"), subject to extension of said maturity date by order of the District Court of Douglas County, Nebraska after notice is given as required by law, to-wit: a) Warrant No. 348 for $3,250.00 made payable to Lutz & Company, PC for accounting services relating to the budget preparation and audited financials. b) Warrant No. 349 for $97.50 made payable to Kuehl Capital Corporation for municipal advisory services on General Fund Warrants issued at this meeting. c) Warrant No. 350 and 351 for $5,000.00 each and Warrant No. 352 for $500.00, all made payable to Kuehl Capital Corporation for financial advisor/fiscal agent services for FY 2020/21. d) Warrant No. 353 for $276.95 made payable to Piper Sandler & Co. for underwriting fee on General Fund Warrants of issued by the District at this meeting. e) Warrants No. 354 through 404 for $10,000.00 each and Warrant No. 405 for $9,729.03, all made payable to TAB Holding Company, LLC for completion of a portion of the Paving — Phase 1 improvements and in accordance with Pay Est. No. 2. CF f) Warrants No. 406 through 427 for $10,000.00 each and Warrant No. 428 for $6,800.00, all made payable to Omaha Public Power District for construction of the electrical distribution system and related improvements in Phase 1. CF g) Warrants No. 429 through 431 for $10,000.00 each and Warrant No. 432 for $522.45, all made payable to Fullenkamp Jobeun et. al. for legal services rendered in connection with items e) and f) hereinabove. CF h) Warrants No. 433 through 436 for $10,000.00 each and Warrant No. 437 for $528.42, all made payable to FoleyShald Engineering, LLC for engineering and design services on various infrastructure projects of the District. CF i) Warrant No. 438 for $7,095.00 made payable to Thiele Geotech, Inc. for materials testing of newly constructed sanitary and storm sewers in Phase 1. CF j) Warrants No. 439 and 440 for $10,000.00 each and Warrant No. 441 for $4,740.25, all made payable to Kuehl Capital Corporation for municipal advisory services on Construction Fund Warrants issued at this meeting. CF k) Warrant No. 442 for $10,000.00 and Warrant No. 443 for $6,988.30, both made payable to Piper Sandler & Co. for underwriting fee on Construction Fund Warrants of issued by the District at this meeting. CF BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska, that the District hereby finds and determines and covenants, warrants and agrees as follows in connection with the issuance of the Construction Fund Warrants: (i) the improvements being financed by the Construction Fund Warrants are for essential governmental functions of the District and are designed to serve members of the general public on an equal basis; (ii) all said improvements have from the time of their first acquisition and construction been owned, are owned and are to be owned by the District or another political subdivision; (iii) to the extent special assessments have been or are to be levied for any of said improvements, such special assessments have been or are to be levied under Nebraska law as a matter of general application to all property specially benefited by said improvements in the District; (iv) the development of the land in the District is for residential or commercial use and the development of the land in the District for sale and occupation by the general public has proceeded and is proceeding with reasonable speed; (v) other than any incidental use of said improvements by a developer during the initial period of development of said improvements, there have been, are and will be no persons with rights to use such improvements other than as members of the general public; (vi) none of the proceeds of said Construction Fund Warrants have been or will be loaned to any private person or entity; and (vii) and the District does not reasonably expect to sell or otherwise dispose of said improvements, in whole or in part, prior to the last maturity of the Construction Fund Warrants. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska that the District hereby covenants and agrees as follows in connection with the issuance of the Construction Fund Warrants: (i) it will comply with all applicable provisions of the Code, including Sections 103 and 141 through 150, necessary to maintain the exclusion from gross income for federal income tax purposes of the interest on the Construction Fund Warrants and (ii) it will not use or permit the use of any proceeds of the Construction Fund Warrants or any other funds of the District nor take or permit any other action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on the Construction Fund Warrants. In addition, the District will adopt such other resolutions and take such other actions as may be necessary to comply with the Code and with all other applicable future laws, regulations, published rulings and judicial decisions, in order to ensure that the interest on the Construction Fund Warrants will remain excluded from federal gross income, to the extent any such actions can be taken by the District. The District covenants and agrees that (i) it will comply with all requirements of Section 148 of the Code to the extent applicable to the Construction Fund Warrants, (ii) it will use the proceeds of the Construction Fund Warrants as soon as practicable and with all reasonable dispatch for the purposes for which the Construction Fund Warrants are issued, and (iii) it will not invest or directly or indirectly use or permit the use of any proceeds of the Construction Fund Warrants or any other funds of the District in any manner, or take or omit to take any action, that would cause the Construction Fund Warrants to be "arbitrage bonds"within the meaning of Section 148(a) of the Code. The District covenants and agrees that it will pay or provide for the payment from time to time of all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code and any Regulations applicable to the Construction Fund Warrants from time to time. This covenant shall survive payment in full of the Construction Fund Warrants. The District specifically covenants to pay or cause to be paid to the United States, the required amounts of rebatable arbitrage at the times and in the amounts as determined by reference to the Code and the Regulations. Pursuant to the "small issuer exception" set forth below, the District does not believe the Construction Fund Warrants will be subject to rebate. The District covenants and agrees that (to the extent within its power or direction) it will not use any portion of the proceeds of the Construction Fund Warrants, including any investment income earned on such proceeds, directly or indirectly, in a manner that would cause any Construction Fund Warrant to be a "private activity bond". The District makes the following representations in connection with the exception for small governmental units from the arbitrage rebate requirements under Section 148(f)(4)(D) of the Code: (i) the District is a governmental unit under Nebraska law with general taxing powers; (ii) none of the Construction Fund Warrants is a private activity bond as defined in Section 141 of the Code; (iii) ninety-five percent or more of the net proceeds of the Construction Fund Warrants are to be used for local governmental activities of the District; (iv) the aggregate face amount of all tax-exempt obligations (other than "private activity bonds," but including any tax-exempt lease-purchase agreements) to be issued by the District during the current calendar year is not reasonably expected to exceed$5,000,000; and (v) the District (including all subordinate entities thereof) will not issue in excess of $5,000,000 of tax-exempt indebtedness (other than "private activity bonds" and certain refunding bonds, but including any tax-exempt lease-purchase agreements) during the current calendar year without first obtaining an opinion of nationally recognized counsel in the area of municipal finance that the excludability of the interest on the Construction Fund Warrants from gross income for federal tax purposes will not be adversely affected thereby. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska that the District hereby designates the Construction Fund Warrants as its "qualified tax-exempt obligations" under Section 265(b)(3)(B)(i)(III) of the Code. BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska that this and the preceding Resolutions are hereby adopted as the Certificate with Respect to Arbitrage of the District pertaining to the Construction Fund Warrants and the District hereby further certifies, as of the date of the registration of the Construction Fund Warrants with Douglas County,Nebraska as follows: 1. The District reasonably anticipates that a portion of the monies in its Bond Fund will be expended for payment of principal of and interest on its bonds and/or construction fund warrants of the District within 12 months after receipt of such monies. The District hereby establishes a reserve fund within its Bond Fund in connection with the issuance of the Construction Fund Warrants in the amount equal to the least of (i) 10% of the stated principal amount of the Construction Fund Warrants, (ii) the maximum annual debt service due on the Construction Fund Warrants during any fiscal year, or (iii) 125% of the average annual debt service for the Construction Fund Warrants over the term of such warrants. That amount that is currently held in the District's Bond Fund which exceeds the amount to be expended for payment of principal and interest on the bonds and/or construction fund warrants of the District within 12 months after receipt of such monies, plus that amount arrived at pursuant to the immediately preceding sentence, will not be invested in any securities or any other investment obligations which bear a yield, as computed in accordance with the actuarial method, in excess of the yield on the Construction Fund Warrants. 2. To the best of their knowledge, information, and belief, the above expectations are reasonable. 3. The District has not been notified of any listing of it by the Internal Revenue Service as an issuer that may not certify its debt. 4. This Certificate is being passed, executed and delivered pursuant to Section 1.148-2 (b) (2) of the Income Tax Regulations under the Code (the "Regulations"). BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County, Nebraska the District hereby authorizes and directs the Chair or Clerk to file or cause to be filed, when due, an information reporting form pursuant to Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), pertaining to the General Fund Warrants and the Construction Fund Warrants; and, No opinion of nationally recognized counsel in the area of municipal finance has been delivered with respect to the treatment of interest on the General Fund Warrants. Purchasers of the General Fund Warrants are advised to consult their tax advisors as to the tax consequences of purchasing or holding the General Fund Warrants. (Remainder of page intentionally left blank; signatures on following page) MINUTES SIGNATURE PAGE FROM THE MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 602 OF DOUGLAS COUNTY, NEBRASKA,HELD ON OCTOBER 5, 2020 There being no further business to come before the meeting, the meeting was adjourned. Henry Luo, Chairman / , Mitch He, Clerk ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No.602 of Douglas County, Nebraska do hereby acknowledge receipt of advanced notice of a meeting of the Board of Trustees of said District and that the agenda for such meeting, held at 10:00 a.m. on October 5, 2020, at 11440 W. Center Road, Omaha, Nebraska, is kept continuously current and available for public inspection at the office of the District's counsel, located at 11440 West Center Road, Omaha, Nebraska. DATED this_day of October, 2020. CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 602 of Douglas County,Nebraska hereby certifies that Notice of meeting of the Board of Trustees of said District held on October 5, 2020, was delivered to the City Clerk of Omaha, Nebraska, via facsimile or electronic mail transmittal, at least seven (7) days prior to the date of said meeting. The undersigned further certifies that the agenda for the meeting of the Board of Trustees of said District was prepared and available for public inspection at the address designated in the notice of meeting given in advance thereof by publication in The Daily Record on September 17 and 24, 2020, and that no items were added to the agenda after the commencement of the meeting; and further,that the minutes for the meeting were available for public inspection within ten(10)days of the date of said meeting and that a copy of the minutes of this meeting were sent to the Douglas County Clerk,Omaha,Nebraska and the City Clerk of Omaha within thirty(30)days from the date of this meeting. Mitch He, Clerk FULLENKAMP JOBEUN JOHNSON THE DAILY RECORD &BELLER,LLP 11440 WEST CENTER ROAD OF OMAHAANDIMPROVEMENTOMAHA,NEBRASKA 68144 SANITARY AND IM • DISTRICT NO.602_ JASON W.HUFF Publisher OF DOUGLAS COUNTY,NEBRASKA f • NOTICE OF MEETING PROOF OF PUBLICATION • AND RESOLUTION • NOTICE IS HEREBY GIVEN that a meet- ing of the Board of Trustees of Sanitary and UNITED STATES OF AMERICA ',t Improvement District No. 602 of Douglas , County,Nebraska will be held at 10:00 a.m.on The State of Nebraska, ' " October 5,2020.at 11440 W. Center Road, SS. Omaha,Nebraska which meeting will be open District of Nebraska, to the public via In-person attendance, and County of Douglas, which meeting shall be held in accordance with the Nebraska Open Meetings Act. An agenda City of Omaha, for such meeting, kept continuously current is available for public review at the attorney'' office at 11440 West Center Road, Omaha, J.BOYD Nebraska or by calling (402-334-0700), and • Includes the payment of bills of the District and being duly sworn,deposes and says that she is the consideration and passing or amending and passing the following.Resolution,to-wit: LEGAL EDITOR BE IT RESOLVED that the Board of Trustees of of Douglas and provement Neb Nebraska find ict and deter- of THE DAILY RECORD, of Omaha, a legal n County, g newspaper,printed and mine that it Is advisable and necessary for the published daily in the English language, having a bona fide paid District.to Install the underground electrical i distribution system and related equipment,' circulationII Douglas County in excess of 800 copies, printed in and make a payment to Omaha Public Power Omaha,in said County of Douglas,for more than fifty-two weeks last District In connection therewith(Phase I—Lake Cunningham Village), which Improvements past: that the printed notice hereto attached was published in THE shall be constructed in accordance with the fol- lowing agreement: DAILY RECORD,of Omaha,on UNDERGROUND SERVICE AGREEMENT September 17 OMAHA PUBLIC POWER DISTRICT a pub- lic ll corporation and political subdivision of the • State of Nebraska ("OPPD") and SANITARY & 24, 2020 ' IMPROVEMENT DISTRICT NO.602 of Douglas County("SID")agree as follows: I.Installation of Facilities, • 1.1 In accordance with the terms and con- That said New spaper d(Mons of this Agreement,:OPPD shall install That d uring that time was regal y :. :.. and , underground electric service distribution lines, underground individual service lines,and relat- in.gelleral circulation m.+heOntY of Douglas aII 1 ebraska ed equipment("Facilities")to serve 168 single ,, fft EN NOTARY State of Nebraska family dwelling units in the SID,also known as tret ' I I EN FREEMAN f MAN k Lake Cunningham Village Ph 1,constructed or ,�<, Im, &ty Corm.Exp.December-It;20>'I 'subscribed in my presence : , . sworn to before to be constructed on the individual lots listed ... .._ on the attached dbed Exhibits"A". $339.59 1.2 Underground service lines from under- Publisher's Fee me a 24th day of ground distribution lines to Individual.lots or Se 0r dwelling units.will be provided by OPPD from Additional Copies $ . 0 a point of connection on the dwelling unit to I OPPD's nearest point of power supply.Prior to I Total $339.59 or at the time of installation of the underground service line to a lot or dwelling,the lot/dwelling otary Public in and for Douglas County, owner or builder will be responsible for provid- State of Nebraska ing and installing a service conduit from OPPD I pedestal to the meter socket for every individu- allotinthesubdivisionperOPPDMeterManual specifications. 2.Timing and Coordinatlnn 2.1 Simultaneously with execution of this r Agreement,'SID shall provide to OPPD written r - notice as to the earliest date that Improve- • ments within the SID will be ready for insalla- I tion of the Facilities C'Ready Date"). 2.2 OPPD may commence Installation of the I Facilities any time after the Ready Date,provid- '�. . ed all other conditions of.this Agreement first have been met.by SID. 2.3 In order to minimize construction costs and avoid disruption of the Facilities,OPPD and SID agree that the Facilities shall be installed by OPPD in coordination with the installation work of other service suppliers,including but not limited to cable television and telecoinmu- nications suppliers (collectively, `Third Party Suppliers"). SID understands that OPPD will allow Third Party Suppliers a reasonable period i` of time to commence installation of their facili- ties,but OPPD will not unreason-ably postpone installation-of the OPPD Facilities addretwd in this Agreement in order to coordinate the in- stallation work of Third Party Suppliers. 2.4 OPPD shall not be required to install the Facilities In sections smaller than deemed economical by OPPD,In Its sole discretion,and shall complete the installation of the Facilities only to the point required to supply permanent electric service to constructed dwelling units built on lots contained within the boundaries depicted on the attached Exhibit"A'( 3. r Prooco 3.1 Prior to commencement of work here- under by OPPD,SID shall,at Its sole expense, remove all trees,vegetation,and other surface 11,Assign/want This Agreement shall be or subsurface obstructions that may interfere binding upon and inure to the benefit of the with the installation of the Facilities, or that parties and their successors or assigns; pro- may pose a hazard to the future maintenance vided, neither party may assign or otherwise of the Facilities,as determined by OPPD In its transfer this Agreement or the rights or priv- stole discretion. lieges herein granted to a third party without 3.2 Prior to the commencement of work the prior written consent of the other party hereunder by OPPD, SID shall complete the 12.Monroe All nobces or other communi final grading of all lots listed on Exhibit"A; cations which are required or permitted herein and shall mark all lots with readily identifiable shall be in writing and sufficient if delivered markers (such as"T" posts and lot number personally,sent by facsimile transmission for- indicators) satisfactory to OPPD. SID shall lowed by written confirmation of receipt,sent reimburse OPPD for all costs incurred in the by overnight commercial air courier or sent relocation of Facilities due to a change of grade be registered or certified mail, postage pre- or plat. _ paid, return receipt requested, to the parties 3.3 OPPD shall not commence installation at their addresses or facsimile numbers set of Facilities until the equipment of service sup- forth on Exhibit"B"hereto(which exhibit may pliers with which OPPD does not coordinate be changed by time to time by notice of either installation of the Facilities, including but not parry). limited to gas and water suppliers, has been 13.Governing Law. This Agreement shall installed;provided,however,at the written re- be governed by and Interpreted in accordance quest of the SID,OPPD will install the Facilities with Nebraska law,without regard to its conflict prior to completion of installation by the afore- of laws principles. said suppliers and, In such event,SID shall 14. entire Agreement This Agreement reimburse OPPD for damage to,relocation or constitutes the entire agreement of the parties replacement of the Facilities arising from the with respect to the subject matter hereof. All installation of equipment by such suppliers prior agreements,representations,statements, and shall defend,indemnify and hold harmless and negotiations are hereby superseded. This OPPD and its contractors and employees in Agreement may be amended only by writing connection therewith. executed by both parties. SID represents and 4.Service During Constructive. If SID warrants that the.execution of this Agreement requires electric service during construction, ! has been authorized by a resolution of its Board or if dwellings are constructed within the 5ID of Trustees,and that the SID is fully empow- before commencement of installation of the ered to enter into this Agreement with OPPD. Facilities under the terms of this Agreement, The outer boundaries,of the area which then 5ID shall arrange for appropriate tempo- may become subject to special assessments rary facilities to supply electric power at the for said improvements are proposed to be OPPD installation rates then In effect,and shall the same as the outer boundaries of Sanitary pay OPPD for such temporary facilities prior to and Improvement District No. 602 of Douglas the installation thereof. County,Nebraska. 5.payment. I Said agreement and prepayment relat- 5.1 Prior to commencement of Installation i ed thereto has been reviewed by FoleyShald of the Fadllties,SID shall pay OPPD the sum of Engineering, LLC, engineers for the District $1350,00 per lot for each of the lots listed in I and said engineers have filed with the Clerk Exhibit"A",for a total payment of$226,800.00. ` of the District,prior to the first publication of No portion of this payment will be subject to this Resolution,an estimate of the total costs refund by OPPD. of said improvements, including engineering 6.Pranerty.Riohis. fees,legal fees,fiscal fees,Interest and other 6.1.SID shall grant to or secure for OPPD I miscellaneous costs, which estimate Is in the such easements or other property rights sum of$300,000.00. deemed necessary by OPPD in Its sole discre- To pay the cost of said improvement the tion for the installation,operation and mainte- Board of Trustees shall have the power to nance of the Facilities. ' Issue negotiable bonds of the District after 6.2 The easement (or other instrument) such improvements have been completed and shall prohibit installation of any permanent accepted; said bonds to be called "Sanitary i buildings,structures,trees,rock walls,retain- and Improvement District Bonds"and shall be ing walls or other obstructions within the ease- payable and bear inter-est as provided by the ment area.The area within which the Facilities ' Statutes of the State of Nebraska. are installed:may be used for gardens and The Board of Trustees shall assess to the shrubbery that do not interfere with the opera- extent of special benefits, the cost of such bon and maintenance of the Facilities. improvements upon properties specially bene- 7. Warn p inn of fPan Wnrk If, after ' fitted thereby. All special assessments which notice of the Ready Date,the installation of the , may be levied upon the properties specially Facilities Is delayed due to a cause other than I benefitted by such improvements shall, when the fault of OPPD or a Force Majeure Event(as r collected,be set aside and constitute a sinking hereinafter defined),then,for each such Inci- ` fund for the payment of Interest and principal dent,SID shall pay to OPPD,as liquidated dam- of said bonds. The District shall also cause to the sum of$2,500 in ages and not as a penalty, be levied annually a tax upon the assessedbal- order to compensate OPPD for interruption of I ue of all of the taxable property in the District its construction forces. except intangible property,which together with 8.Street I lnhting SID may request the said sinking fund derived from special assess- Installation of electric`facilities by OPPD for meets shall be sufficient to meet payment of streetlights..OPPD and SID'shall enter into a the Interest and principal of said bonds as the separate agreement for the installation of such same become due;said tax shall be known as facilities upon approval by appropriate author- the Sanitary and Improvement District Tax and Itles and coordination of necessary pre-con- shall be payable annually In money. struction requirements by 5ID. If a petition opposing this Resolution,signed 9. force Meteor. Neither party shall by property owners representing a majority of be responsible for delays in Installation of the the front footage which may become subject to Facilities that result from unforeseeable caus- assessment for the cost of the improvements es beyond the reasonable control of a party, as set forth herein,is filed with the Clerk of the including but not limited to floods, labor dls- District within three(3)days before the date of putes and material shortages("Force Majeure the hearing on this Resolution,this Resolution Event"). A party affected by a Force Majeure shall not be passed. Event shall provide written notice thereof to the SANITARY AND IMPROVEMENT DISTRICT other party and take reasonable steps to re- NO.602 OF DOUGLAS COUNTY,NEBRASKA sume performance upon cessation of the Force By:Henry Luo, Majeure Event. Chairman 10. Indemnification. To the maximum Mitch He, , extent permitted by law, SID shall indemnify Clerk and defend OPPD, and its directors, officers, and employees, from and against all claims, 9-17&24-20 sults, liability, expense or damage, including reasonable attorney's fees and court costs, I (collectively,"Claims")for damage to property, injury to persons(including death), and any other Claims arising from the negligence or intentional wrongdoing of the SID, or any of Its contractors,officers,agents or employees; provided,however,the indemnification provid- ed hereunder shall not apply if such claims, suits, liability,expense or damage are caused solely by the negligence of a person or entity Indemnified hereunder. Neither party shall be liable for any punitive, consequential, or Inci- dental damages,or lost profits. FULLENKAMP JOBEUN JOHNSON & BELLER,LLP 11440 WEST CENTER ROAD OMAHA,NEBRASKA 68144 SANITARY AND IMPROVEMENT DISTRICT NO. 602 OF DOUGLAS COUNTY,NEBRASKA NOTICE OF MEETING AND RESOLUTION NOTICE IS HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County,Nebraska will be held at 10:00 a.m. on October 5, 2020 at 11440 W. Center Road Omaha,Nebraska which meeting will be open to the public via in person attendance,and which meeting shall be held in accordance with the Nebraska Open Meetings Act.An agenda for such meeting,kept continuously current is available for public review at the attorney's office at 11440 West Center Road, Omaha, Nebraska or by calling (402-334-0700), and includes the payment of bills of the District and the consideration and passing or amending and passing the following Resolution,to-wit: BE IT RESOLVED that the Board of Trustees of Sanitary and Improvement District No. 602 of Douglas County,Nebraska find and determine that it is advisable and necessary for the District to install the underground electrical distribution system and related equipment, and make a payment to Omaha Public Power District in connection therewith(Phase I—Lake Cunningham Village),which improvements shall be constructed in accordance with the following agreement: UNDERGROUND SERVICE AGREEMENT OMAHA PUBLIC POWER DISTRICT,a public corporation and political subdivision of the State of Nebraska("OPPD") and SANITARY IMPROVEMENT DISTRICT NO. 602 of Douglas County ("SID") agree as follows: 1. Installation of Facilities. 1.1 In accordance with the terms and conditions of this Agreement,OPPD shall install underground electric service distribution lines, underground individual service lines, and related equipment("Facilities") to serve 168 single family dwelling units in the SID, also known as Lake Cunningham Village Ph 1,constructed or to be constructed on the individual lots listed on the attached Exhibit"A". 1.2 Underground service lines from underground distribution lines to individual lots or dwelling units will be provided by OPPD from a point of connection on the dwelling unit to OPPD's nearest point of power supply. Prior to or at the time of installation of the underground service line to a lot or dwelling, the lot/dwelling owner or builder will be responsible for providing and installing a service conduit from OPPD pedestal to the meter socket for every individual lot in the subdivision per OPPD Meter Manual specifications. 2. Timing and Coordination. 2.1 Simultaneously with execution of this Agreement, SID shall provide to OPPD written notice as to the earliest date that improvements within the SID will be ready for installation of the Facilities("Ready Date"). 2.2 OPPD may commence installation of the Facilities any time after the Ready Date, provided all other conditions of this Agreement first have been met by SID. 2.3 In order to minimize construction costs and avoid disruption of the Facilities,OPPD and SID agree that the Facilities shall be installed by OPPD in coordination with the installation work of other service suppliers,including but not limited to cable television and telecommunications suppliers(collectively,"Third Party Suppliers"). SID understands that OPPD will allow Third Party Suppliers a reasonable period of time to commence installation of their facilities, but OPPD will not unreasonably postpone installation of the OPPD Facilities addressed in this Agreement in order to coordinate the installation work of Third Party Suppliers. it 2.4 OPPD shall not be required to install the Facilities in sections smaller than deemed economical by OPPD, in its sole discretion, and shall complete the installation of the Facilities only to the point required to supply permanent electric service to constructed dwelling units built on lots contained within the boundaries depicted on the attached Exhibit 3. Site Preparation. 3.1 Prior to commencement of work hereunder by OPPD, SID shall,at its sole expense, remove all trees,vegetation,and other surface or subsurface obstructions that may interfere with the installation of the Facilities,or that may pose a hazard to the future maintenance of the Facilities, as determined by OPPD in its sole discretion. 3.2 Prior to the commencement of work hereunder by OPPD, SID shall complete the final grading of all lots listed on Exhibit"A",and shall mark all lots with readily identifiable markers (such as "T" posts and lot number indicators) satisfactory to OPPD. SID shall reimburse OPPD for all costs incurred in the relocation of Facilities due to a change of grade or plat. 3.3 OPPD shall not commence installation of Facilities until the equipment of service suppliers with which OPPD does not coordinate installation of the Facilities, including but not limited to gas and water suppliers,has been installed;provided,however,at the written request of the SID,OPPD will install the Facilities prior to completion of installation by the aforesaid suppliers and,in such event, SID shall reimburse OPPD for damage to,relocation or replacement of the Facilities arising from the installation of equipment by such suppliers and shall defend, indemnify and hold harmless OPPD and its contractors and employees in connection therewith. 4. Service During Construction. If SID requires electric service during construction, or if dwellings are constructed within the SID before commencement of installation of the Facilities under the terms of this Agreement, then SID shall arrange for appropriate temporary facilities to supply electric power at the OPPD installation rates then in effect,and shall pay OPPD for such temporary facilities prior to the installation thereof. 5. Payment. 5.1 Prior to commencement of installation of the Facilities,SID shall pay OPPD the sum of $1350.00 per lot for each of the lots listed in Exhibit "A", for a total payment of $226,800.00. No portion of this payment will be subject to refund by OPPD. 6. Property Rights. 6.1 SID shall grant to or secure for OPPD such easements or other property rights deemed necessary by OPPD in its sole discretion for the installation, operation and maintenance of the Facilities. 6.2 The easement (or other instrument) shall prohibit installation of any permanent buildings, structures, trees, rock walls, retaining walls or other obstructions within the easement area.The area within which the Facilities are installed may be used for gardens and shrubbery that do not interfere with the operation and maintenance of the Facilities. 7. Interruption of OPPD Work. If, after notice of the Ready Date, the installation of the Facilities is delayed due to a cause other than the fault of OPPD or a Force Majeure Event (as hereinafter defined),then,for each such incident,SID shall pay to OPPD,as liquidated damages and not as a penalty,the sum of$2,500 in order to compensate OPPD for interruption of its construction forces. 8. Street Lighting. SID may request the installation of electric facilities by OPPD for streetlights. OPPD and SID shall enter into a separate agreement for the installation of such facilities upon approval by appropriate authorities and coordination of necessary pre-construction requirements by SID. 9. Force Maieure. Neither party shall be responsible for delays in installation of the Facilities that result from unforeseeable causes beyond the reasonable control of a party, including but not limited to floods,labor disputes and material shortages("Force Majeure Event").A party affected by a Force Majeure Event shall provide written notice thereof to the other party and take reasonable steps to resume performance upon cessation of the Force Majeure Event. 10. Indemnification. To the maximum extent permitted by law,SID shall indemnify and defend OPPD,and its directors,officers,and employees,from and against all claims,suits,liability,expense or damage,including reasonable attorney's fees and court costs,(collectively,"Claims")for damage to property,injury to persons(including death),and any other Claims arising from the negligence or intentional wrongdoing of the SID,or any of its contractors,officers,agents or employees;provided, however, the indemnification provided hereunder shall not apply if such claims, suits, liability, expense or damage are caused solely by the negligence of a person or entity indemnified hereunder. Neither party shall be liable for any punitive, consequential, or incidental damages, or lost profits. 11. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns; provided, neither party may assign or otherwise transfer this Agreement or the rights or privileges herein granted to a third party without the prior written consent of the other party. 12. Notices. All notices or other communications which are required or permitted herein shall be in writing and sufficient if delivered personally,sent by facsimile transmission followed by written confirmation of receipt, sent by overnight commercial air courier or sent be registered or certified mail,postage prepaid,return receipt requested,to the parties at their addresses or facsimile numbers set forth on Exhibit"B" hereto (which exhibit may be changed by time to time by notice of either party)• 13. Governing Law. This Agreement shall be governed by and interpreted in accordance with Nebraska law,without regard to its conflict of laws principles. 14. Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. All prior agreements, representations, statements, and negotiations are hereby superseded. This Agreement may be amended only by writing executed by both parties. SID represents and warrants that the execution of this Agreement has been authorized by a resolution of its Board of Trustees, and that the SID is fully empowered to enter into this Agreement with OPPD. The outer boundaries of the area which may become subject to special assessments for said improvements are proposed to be the same as the outer boundaries of Sanitary and Improvement District No. 602 of Douglas County,Nebraska. Said agreement and prepayment related thereto has been reviewed by FoleyShald Engineering,LLC, engineers for the District and said engineers have filed with the Clerk of the District, prior to the first publication of this Resolution,an estimate of the total costs of said improvements,including engineering fees, legal fees,fiscal fees, interest and other miscellaneous costs,which estimate is in the sum of$300,000.00. To pay the cost of said improvement the Board of Trustees shall have the power to issue negotiable bonds of the District after such improvements have been completed and accepted; said bonds to be called "Sanitary and Improvement District Bonds"and shall be payable and bear interest as provided by the Statutes of the State of Nebraska. The Board of Trustees shall assess to the extent of special benefits,the cost of such improvements upon properties specially benefited thereby. All special assessments which may be levied upon the properties specially benefited by such improvements shall, when collected, be set aside and constitute a sinking fund for the payment of interest and principal of said bonds. The District shall also cause to be levied annually a tax upon the assessed value of all of the taxable property in the District except intangible property, which together with said sinking fund derived from special assessments shall be sufficient to meet payment of the interest and principal of said bonds as the same become due; said tax shall be known as the Sanitary and Improvement District Tax and shall be payable annually in money. If a petition opposing this Resolution,signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of the improvements as set forth herein,is filed with the Clerk of the District within three (3) days before the date of the hearing on this Resolution, this Resolution shall not be passed. SANITARY AND IMPROVEMENT DISTRICT NO. 602 OF DOUGLAS COUNTY,NEBRASKA Publication Dates: By: Henry Luo, Chairman September 17th& 24th Mitch He, Clerk 1 10.5.2020 Memorandum Project Status Report Project Name:SID 602—Lake Cunningham Village—Construction Update Project Location:NE of 96th and Irvington Road-Omaha,NE FES Project#:005.003 Work Reporting Period: Through: October 2, 2020 I. FES Construction Admin Contract Information o Sanitary Sewer CA <; Through August 31, 2020 • Invoiced 98%of$87,600 o Storm Sewer CA o Through August 31,2020 • Invoiced 90%of$55,500 o Paving CA o Through August 31, 2020 • Invoiced 80%of$111,800 II. Construction Financials Sanitary Sewer- Project Contractor—Thompson Construction, Inc. Current Total Work Percent Contract Completed Complete $867,957.49 $863,782.99 98% Storm Sewer-Project Contractor—Thompson Construction, Inc. Current Total Work Percent Contract Completed Complete $556,986.00 $545,793.50 98% FoleyShald Engineering T:402.804.3993 3803 N. 153rd Street, Suite 203 Omaha, NE 68116 FoleyShald E NOIN F FR ING a§ _ a! U _Di 9 , z2 , ) �d ■w ° ! i �[( § : eu , � o (; . , ){ o las :, ( \\ ) } \ d ^\: \\\>\,N i\ 2= G»k \ \ , , : , , / / \%\\ ay---i y« , \ ; . . \§ . . < \ . 2 Si 1> . . d \ . \ ` tkc > . / . . . ; Acc------. \ � y / . ....., \\ � r _ . . , . /\ \ . / \ „,, g \ d\ ` . \ . < . . g k \\ . . » - . « < / / 2 ci \ . abr 1 2 ` / l \ _ D0I f \ \ \ . . : m\ : ° K' DecoSign Envelope ID:432A2097-FEED-4A30-ACFF-9ABC95F91 E80 UNDERGROUND SERVICE AGREEMENT OMAHA PUBLIC POWER DISTRICT,a public corporation and political subdivision of the State of Nebraska ("OPPD") and SANITARY IMPROVEMENT DISTRICT NO. 602 of Douglas County("SID") agree as follows: I. Installation of Facilities. 1.1 In accordance with the terms and conditions of this Agreement, OPPD shall install underground electric service distribution lines, underground individual service lines, and related equipment ("Facilities")to serve 168 single family dwelling units in the SID, also known as Lake Cunningham Village Ph 1, constructed or to be constructed on the individual lots listed on the attached Exhibit "A". 1.2 Underground service lines from underground distribution lines to individual lots or dwelling units will be provided by OPPD from a point of connection on the dwelling unit to OPPD's nearest point of power supply.Prior to or at the time of installation of the underground service line to a lot or dwelling,the lot/dwelling owner or builder will be responsible for providing and installing a service conduit from OPPD pedestal to the meter socket for every individual lot in the subdivision per OPPD Meter Manual specifications. 2. Timing and Coordination. 2.1 Simultaneously with execution of this Agreement, SID shall provide to OPPD written notice as to the earliest date that improvements within the SID will be ready for installation of the Facilities ("Ready Date"). 2.2 OPPD may commence installation of the Facilities anytime after the Ready Date, provided all other conditions of this Agreement first have been met by SID. 2.3 In order to minimize construction costs and avoid disruption of the Facilities,OPPD and SID agree that the Facilities shall be installed by OPPD in coordination with the installation work of other service suppliers, including but not limited to cable television and telecommunications suppliers(collectively, "Third Party Suppliers"). SID understands that OPPD will allow Third Party Suppliers a reasonable period of time to commence installation of their facilities,but OPPD will not unreasonably postpone installation of the OPPD Facilities addressed in this Agreement in order to coordinate the installation work of Third Party Suppliers. 2.4 OPPD shall not be required to install the Facilities in sections smaller than deemed economical by OPPD, in its sole discretion,and shall complete the installation of the Facilities only to the point required to supply permanent electric service to constructed dwelling units built on lots contained within the boundaries depicted on the attached Exhibit "A". DocuSign Envelope ID:432A2097-FEBD-4A30-ACFF-9ABC95F91 E80 7. Interruption of OPPD Work. If,after notice of the Ready Date,the installation of the Facilities is delayed due to a cause other than the fault of OPPD or a Force Majeure Event (as hereinafter defined),then,for each such incident, SID shall pay to OPPD,as liquidated damages and not as a penalty,the sum of$2,500 in order to compensate OPPD for interruption of its construction forces. 8. Street Lighting. SID may request the installation of electric facilities by OPPD for streetlights. OPPD and SID shall enter into a separate agreement for the installation of such facilities upon approval by appropriate authorities and coordination of necessary pre-construction requirements by SID. 9. Force Majeure. Neither party shall be responsible for delays in installation of the Facilities that result from unforeseeable causes beyond the reasonable control of a party, including but not limited to floods, labor disputes and material shortages ("Force Majeure Event"). A party affected by a Force Majeure Event shall provide written notice thereof to the other party and take reasonable steps to resume performance upon cessation of the Force Majeure Event. 10 Indemnification. To the maximum extent permitted by law,SID shall indemnify and defend OPPD,and its directors,officers,and employees,from and against all claims,suits, liability, expense or damage,including reasonable attorney's fees and court costs,(collectively,"Claims")for damage to property, injury to persons (including death), and any other Claims arising from the negligence or intentional wrongdoing of the SID, or any of its contractors, officers, agents or employees; provided, however, the indemnification provided hereunder shall not apply if such claims, suits, liability, expense or damage are caused solely by the negligence of a person or entity indemnified hereunder. Neither party shall be liable for any punitive, consequential, or incidental damages, or lost profits. 11. Assignment. This Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns;provided,neither party may assign or otherwise transfer this Agreement or the rights or privileges herein granted to a third party without the prior written consent of the other party. 12. Notices. All notices or other communications which are required or permitted herein shall be in writing and sufficient if delivered personally, sent by facsimile transmission followed by written confirmation of receipt, sent by overnight commercial air courier or sent be registered or certified mail,postage prepaid,return receipt requested,to the parties at their addresses or facsimile numbers set forth on Exhibit"B"hereto(which exhibit may be changed by time to time by notice of either party). 13. Governing Law. This Agreement shall be governed by and interpreted in accordance with Nebraska law, without regard to its conflict of laws principles. Underground Service Agreement (Rev. 1 -January 2014) Page 3 DocuSign Envelope ID:432A2097-FEBD-4A30-ACFF-9ABC95F91 E80 Exhibit "A" Lists of Lots 1 Underground Service Agreement (Rev. 1 —January 2014) Page 5 I• A N a Iml a ` g � 1 � t t 91 s gam` oaa,asv r lip-_ R Oa! Y j ; Ie 7 g' dia- - 14 II.III 1� i , ,, /( {1 1 _ }.I ,,y„ 9 , y y 345III; I Ny e / rj° / Y 4 ( tl '11 I f 1111 `1 �I,ll \ IIIII I11 f j1 ti f - Y1 �I I r4 < .4 , ' s. y } III 1 I / / & a 1 s \ x II1 , 1 s I I/ ° § I I 1 .� /4 ^-3 Sr. l 1 /+"§ 1 1 9 I 1 I I �§ 1 1 , / .,,0 \1 11 k11( € f � �1 II : _ III 1 ( 4v IIi 1 . .- 11111 11 / / C 1\�1 11 y �5 SO1ON_b 1 I. 111,71,'11 14,,4\' v _ _ - I __ Il s 11-, 111 " ,_v / 1r1F / 1 v �j -° 1l 1 la - P § JSSOIN,! -- / p,. / 1 ✓ I 4 J YIIIIF f \ tl \r . Y II I k F \ \ f .O \- \ 1..j 11 I 111 I / A / Vf e /� . 11 Ala t 1` II \ \ v 4 0f / f mod a I � i1 I It�111 _ II 1 1 j ' 7 v I C- - 1 II,i \/ l IT 11 7 \ 1 -1 1 ' lI 1 1 1 1 1II 1 1 44tiL - -- I , I V7tE't3' Z , 1 a DocuSign Envelope ID:432A2097-FEBD-4A30-ACFF-9ABC95F91 E80 ARTICLE II A. The SID shall furnish OPPD a copy of its Articles of Incorporation to include the map showing thereon its boundaries. The SID shall further furnish OPPD any changes in its Articles of Incorporation to include any changes in its boundaries. B. If practicable, OPPD will install, operate and maintain, when so directed or ordered by the SID, additional standard methods of lighting units hereinbefore designated, but only at the rates per annum set forth in Article I and under the terms and conditions hereinafter set forth. C. The rates for standard methods of lighting units, where the current is supplied from an underground type system,are based on OPPD's installing and maintaining the underground conductors at no additional charge to the SID contingent on: I. OPPD installing the underground conductors in conjunction with the initial installation of the lighting units; 2. Conductors for direct burial can be laid in ground where other physical protection for the conductors is not deemed desirable by OPPD; 3. The conductors being installed in areas which do not require disturbing,cutting through, drilling or otherwise tunneling under sidewalks, paved roads or other hardtop type surfaces, or other obstructions at the time of installation or in future maintenance including replacement of the conductors; 4. OPPD having unimpeded access to the area for its trenching, plowing and other installation or maintenance equipment; ' 5. An underground supply system at the proper standard secondary voltage to supply the lighting is available without added expense to OPPD. 2 DocuSign Envelope ID:432A2097-FEBD-4A30-ACFF-9ABC95F91 E80 in such event the costs for removal plus the undepreciated value of the installed costs, less any salvage value, of the equipment provided by OPPD for the lighting units shall become immediately due and payable by SID to OPPD. B. OPPD may accept a continuing guaranty from the fiscal agent for the SID or from some financially responsible third party, which guaranty shall be in the form of an addendum attached hereto. ARTICLE IV OPPD will operate and maintain the lighting system and such additional lighting units as may be ordered installed by the SID under the Provisions of Article II hereof and in accordance with the following conditions: A. All requests to OPPD for the installation of street lighting shall be submitted in writing by a duly authorized officer of the SID prior to their installation. The plans showing the proposed location of each lighting unit will then be prepared by OPPD and submitted to the SID for its approval. B. All of the units of lighting covered by this agreement shall normally operate daily from approximately one-half hour after sunset to approximately one-half hour before sunrise. C. Rates for Standard Methods of lighting units, as established in Article I, are based on the lamps described in Article 1 as standard for this area unless otherwise mutually agreed. D. The rates established in this agreement for all Standard Methods of lighting units are based on the use of OPPD's standard wood and steel poles to support the luminaries at the mounting height specified in Article I. Poles, that have special break or slip on impact features(commonly referred to as"break-away features")designed into either the pole or any part of its supporting structures, shall be classified as a nonstandard pole and shall not be included in the rates for Standard Methods of lighting units and shall not be installed by 4 DocuSign Envelope ID:432A2097-FEBD-4A30-ACFF-9ABC95F91 E80 The amount to be paid by the SID to OPPD for such installations shall be mutually agreed upon prior to the installation of the unit or units. G. The rates established in this agreement for Standard Method types of lighting units mounted on wood poles are based on the use of a six (6) foot mast arm. When the SID shall require the installation of a Standard Method type of lighting unit on a wood pole in an area that requires the use of mast arms longer than six (6) feet, the SID shall reimburse OPPD its added installed costs for each such longer mast arm at the current rate. This additional charge will not apply when an existing wood distribution pole,owned by OPPD, is used for the lighting installation. When mast arms longer than six(6)feet are required on steel poles, the installation will require the use of a special steel pole. The SID in such latter instance will reimburse OPPD for the difference in the installed costs between the special pole required, including the longer mast arm, and that of the standard steel pole with standard mast arm. If such special pole must be replaced in kind due to damage, the SID shall reimburse OPPD the difference in the then installed costs of the special pole so required as opposed to that of the standard pole with standard mast arm that otherwise could have been used for replacement. H. The SID shall have the right to replace any Standard Method type of lighting unit with any other Standard Method type of lighting unit provided the SID shall reimburse OPPD its costs for removal,plus the undepreciated value of the installed cost less any salvage value of all equipment that is replaced. If a Standard Method type of lighting unit is to be removed without replacement,the SID shall reimburse OPPD its removal costs plus the undepreciated value of the installed cost, less any salvage value of all equipment provided by OPPD for such lighting unit. If the SID requires OPPD to move a Standard Method type of lighting unit,the SID shall reimburse OPPD its costs for the moving of such a unit. T. Only a metal pole shall be used to support a Standard Method lighting unit supplied from underground conductors unless,due to its location, it is desirable to use a wood pole required by OPPD for its distribution system. 6 DocuSign Envelope ID:432A2097-FEED-4A30-ACFF-9ABC95F91 E80 This agreement shall be binding on the successors or assigns of the parties hereto. IN WITNESS WHEREOF, Sanitary and Improvement District No. 602 of Douglas County, Nebraska,hereby warrants that its Articles of Incorporation contain the legal powers to enter into this Agreement and has caused these presents to be executed in duplicate by its Chairman pursuant to the authority contained in resolution dated , and the said Omaha Public Power District has caused these presents to be executed in duplicate. OMAHA PUBLIC POWER DISTRICT SANITARY IMPROVEMENT DISTRICT NO. 602 of Douglas County By: By: Name: Name: Title: Project No. 8 crzr 1 ! � w � w Jm fl ry wig Wx a I N y "I 4 / (( �Td y �YIj. C \� /6.� 1 1/ y / I �( III 1 k .e , a F II Div" / /� I 4� / f > ; III - ° III I / r1 q 1 IIII''- 1 I v s 11111 E 1 9` I 1 1�., I1 'I 11 /� ‘ I t s 11,1 II g w 7 t >Y \ 0 / / l II I Zf ,r P 9 \ S aIOHAI tl IIII' ,� e. jI � 1.1 y - III /`s IIII bw ss savry ss M'�5 / - _ r IIII I W 'I' I III,1 fOi oo I J I l i / I zo 1 e / r ell I IIII w� r ry A yam' p �i - III ¢w a j / \ g t III N 1� 1 i p \ FIEI rill li �Ii I I III III 1 I 1 ` 1 'III acs _ — _ 1 Vaida 3 z 2 Lutz MIND WHAT MATTERS Larry Jobeun Sanitary Imp. District #602 Lake Cunningham Villag 11440 W Center Road #C Omaha, NE 68144 Invoice No. 270023 Date 08/31/2020 Client No. 17683.0 Sanitary Imp. District#602 Lake Cunningham Villag Please include Client No. with payment For Professional Services Rendered: Completion of annual budget document for 2020 and progress bill related to audited financial statements. Current Amount Due $ 3.250.00 ACCOUNTING • FINANCIAL • TECH • M&A • TALENT 13616 CALIFORNIA STREET, SUITE 300, OMAHA, NE 68154-5336 1402.496.8800 I INFO@LUTZ.US I WWW.LUTZ.US Kuehl Capital Corporation Invoice 14747 California Street, Suite#1 Omaha, NE 68154 Date Invoice# (402) 391-7977 8/25/2020 2484 Bill To: SID#602 of Douglas County Nebraska c/o: Fullenkamp, Jobeun, Johnson & Beller Attn: Mr. Larry Jobeun 11440 West Center Road Ste. C Omaha, NE 68114-4421 Description Amount Financial Advisor/Fiscal Agent Services for Fiscal Year 2020-2021 10,500.00 Annual Contractual Fee Calculation: 10 Basis Points of Final Valuation of$508,800 with a floor of $10,500. If the District is not on a cash basis in the Bond Fund,this must be paid through the General Fund. We are required by the Municipal Securities Rulemaking Board Amended Rule G-10 which became effective on October 13, 2017, to provide in writing to our Municipal Advisory clients at the inception of the municipal advisory relationship and annually thereafter,the following information: (i) Kuehl Capital Corporation is a registered Municipal Advisor with the U.S. Securities and Exchange Commission as well as the Municipal Securities Rulemaking Board: (ii) The website address of the Municipal Securities Rulemaking Board is www.msrb.org; and (iii) On the Municipal Securities Rulemaking Board's website is an investor brochure that is available to you which describes the protections that may be provided by the Municipal Securities Rulemaking Board's rules and also the procedures to file a complaint with an appropriate regulatory authority. If you have any questions, please do not hesitate to call. Total $10,500.00 Payments/Credits $0.00 Balance Due $10,500.00 3803 N 153RD STREET, SUITE 203 C OMAHA, NE 68116 Foie Shald 402.804.3993 / fNGI September 28,2020 Project: 510 602—Lake Cunningham Village—Paving Phase I Pay Estimate No. 2 Owner: Sanitary and Improvement District No. 602 of Douglas County, Nebraska c/o Fullenkamp,Jobeun, Johnson & Beller 11440 West Center Road,Suite C Omaha, NE 68144-4482 Contractor: TAB Holding Company, Inc. 4153 South 67th Street Omaha, Nebraska 68117 Total Current Contract Amount: $873,372.35 Total Amount Paid on Previous Estimates: $170,829.36 Dear Members of the Board: We have reviewed the Contractor's application for payment and recommend payment to the Contractor in the amount tabulated below. If the pay estimate meets your approval, please direct payment to the Contractor in the amount of$519,729.03. Current Contract Cumulative Item Description Quantity Unit Unit Price Cost 1 INSTALL SILT FENCE 0 LF $2.00 $0.00 2 CLEANOUT SILT FENCE 0 LF $0.30 $0.00 3 REMOVE SILT FENCE 0 LF $0.30 $0.00 4 CLEANOUT SILT BASIN 0 CY $8.00 $0.00 5 INSTALL CURB INLET PROTECTION 0 EA $150.00 $0.00 6 COMMON EARTH EXCAVATION 6,923 CY $10.25 $70,960.75 7 SAW CUT- FULL DEPTH 105 LF $5.10 $535.50 8 7"CONCRETE PAVEMENT-TYPE L65 16,360 SY $38.20 $586,943.00 9 CONSTRUCT CONCRETE HEADER 0 LF $13.55 $0.00 10 CONSTRUCT THICKENED EDGE 105 LF $8.75 $918.75 11 CONSTRUCT CONCRETE TURN AROUND 94 SY $60.70 $5,705.80 12 CONSTRUCT MEDIAN SURFACING 262 SF $9.50 $2,489.00 13 CONSTRUCT CONCRETE CURB RAMP 10 EA $996.10 $9,961.00 14 CONSTRUCT SEGMENTAL BLOCK RETAINING WALL 450 SF $58.00 $26,100.00 15 CONSTRUCT WALL FINISH GRADING LS 1 $1,000.00 $1,000.00 16 CONSTRUCT CONCRETE FLUME 0 SF $27.15 $0.00 17 CONSTRUCT CURB INLET-TYPEI 5 EA $3367.20 $16,836.00 18 CONSTRUCT CURB INLET-TYPE II 5 EA $3444.10 $17,220.50 19 CONSTRUCT CURB INLET-TYPE III 4 EA $3266.80 $13,067.20 20 ADJUST MANHOLE TO GRADE(29 SAN,6 STM) 24 EA $237.80 $5,707.20 21 EXTERNAL FRAME SEAL(29 SAN,6 STM) 24 EA $357.60 $8,582.40 22 SEEDING-TYPE "TEMPORARY SEED MIX" 0 AC $300.00 $0.00 23 STRAW MULCH p AC $400.00 $0.00 24 JET EXISTING SANITARY SEWER 0 LF $1.10 $0.00 25 INSTALL STRAW WATTLES p LF $2.20 $0.00 26 CONSTRUCT PAVEMENT STRIPING p LF $3.00 $0.00 27 CONSTRUCT PAVEMENT MARKING p EA $123.00 $0.00 , 28 REGULATORY SIGNS 0 EA $165.00 $0.00 29 SIGN POSTS 0 EA $110.00 $0.00 30 CONSTRUCT END OF ROAD BARRICADE 2 EA $630.00 $1,260.00 GROSS AMOUNT DUE $767,287.10 LESS 10%RETAINAGE $76,728.71 LESS PREVIOUSLY PAID $170,829.36 TOTAL AMOUNT CURRENTLY DUE $519,729.03 Please feel free to give me a call with any questions. Sincerely, v Joseph D.Foley,PE Project Manager Enclosure c: Chris Wilsey,TAB Construction Henry Luo,Al Development 2 August 3.2020 Chairman and Board of Trustees Sanitary and Improvement District No. 602 c/o Fullenkamp, Jobeun, Johnson & Beller 11440 West Center Road,Suite C Omaha, NE 68144-4482 VIA EMAIL Resolution of Necessity Underground Service Agreement Sanitary and Improvement District No.602 FSE#:005.003 Dear Members of the Board; Omaha Public Power District (OPPD) has provided an Underground Service Agreement for Phase I of the Lake Cunningham Village project. FoleyShald Engineering has reviewed the agreement and recommends that the agreement should be approved by the Board of SID 602. Phase I Underground Power(Lots 1-168) $226,800.00 Estimated Engineering, Legal, Fiscal,Interest,Misc.Cost $69,800.00 Total Agreement Cost: $296,600.00 We hereby recommend payment directly to OPPD In the amount of$226,800.00 OPPD.Please return the copies of the Agreement and payment to OPPD. Sincerely, Joseph D.Foley,PE SENIOR PROJECT MANAGER r'- FULLENKAMP John H.Fullenkamp Larry A. Jobeun \ J JOBEUN Mark B.Johnson Brent W.Beller B JOHNSON & Robert T.Griffith BELLER LLP Writers e-mail:larrvafiiblaw,com October 5, 2020 Chairman and Board of Trustees Sanitary and Improvement District No. 602 of Douglas County, Nebraska Statement of Services Rendered a. TAB Holding Company, LLC for completion of a portion of the Pay- $519,729.03 ing Phase 1 improvements and in accordance with Pay Est. No. 2. b. Omaha Public Power District for construction and installation of the $226,800.00 underground electrical distribution system in Phase 1 and pursuant to the aloe approved USA. LEGAL FEES (5% & 2%): $30,522.45 EXPENSES: $-0- Filing Fees, Publications, Copying, & Postage TOTAL AMOUNT DUE: $30,522.45 /s/Larry A.Jobeun Attorney for the District 11440 W. Center Road, Ste. C—Omaha,Nebraska,68144- Phone: (402)334-0700—Website:www.fiblaw.com FoleyShald Engineering, LLC 3803 N. 153rd St. Suite 203 Omaha, NE 68116 (402) 804-3993 INVOICE FoleyshaId ENtGINEE:piNO BILL TO INVOICE# 1115 1 SID 602 of Douglas County, Nebraska DATE 9/28/2020 Lake Cunningham Village DUE DATE 10/31/2020 i c/o Fullenkamp,Jobeun,Johnson&Beller 11440 West Center Road,Suite C Omaha, NE 68144-4482 PROJECT PROJECT NUMBER BILLING PERIOD Phase 1 Construction Admin. 005.003 Through 9/26/2020 2201-01-Storm Sewer '-� .k..'� ° „ : `` " ° - " ° ,„ ` ° .K . ifaP Sewer CA $ 87,600.00 98% $85,848 0% _ ..�$0 CA $ 55,500.00 90% $49,950 0% $0 203-Paving CA $ 111,800.00 47% $52,546 33% $36,894 204-Water CA $ 19,800.00 0% 205-Power CA $ 15,900.00 0% 5%$0 $2,376$ $795 207-Trail/Sidewalk CA $ 2,400.00 0% $0 0% $0 Mileage Mileage reimbursement miles 799 @.58 per mile $463.42 II Balance Due $40,528.42 Thank you for your business! Joe Foley Jfoley@foleyshald.com Brett Shald Bshald@foleyshald.com FOLEYSHALD ENGINEERING, LLC my, 3803 N 153RD STREET, SUITE 203 " OMAHA, NE 68116 Foley Shal T402.804.3993 September 3, 2020 VIA EMAIL Chairman and Board of Trustees Sanitary and Improvement District No. 602 c/o Fullenkamp, Jobeun, Johnson & Beller F 11440 West Center Road, Suite C Omaha, NE 68144-4482 Lake Cunningham Village Sanitary and Improvement District No. 602, Douglas County Sanitary Sewer Phase I FSE #:015.001 Dear Members of the Board: Enclosed is Invoice #70972 from Thiele Geotech for materials testing services on the above referenced project. We recommend payment directly to Thiele Geotech Inc in the amount of $2,382.50. Please feel free to contact us with any questions. Sincerely, in Joseph Foley, PE Senior Project Manager I Cc: Henry Luo Mitch He Thiele Geotech Inc. 13478 Chandler Road Omaha,Nebraska 68138-3716 402/556-2171 Fax 402/556-7831 It; aid We accept.major Credit Cards Thiele Geotech Inc INVOICE Project No:01.19193.02 Invoice#:70972 PM:Kimball,Cody Date:08/25/2020 Dept: Materials Page:1 of 1 Bill to: Project: SID 602 do FoleyShald Engineering, LLC Lake Cunningham Village Subdivision-Sanitary Sewer Lake Cunningham Village Sanitary Sewer 3803 North 153rd Street North 96th Street&State Street Omaha,NE 68122 Suite 203 Omaha, NE. 68116 USA Date Quant Code Description Sample Rate Amount 07/29/2020 14.00 F-1 Compaction Test(ea.) S-1906 $40.00 $560.00 0.50 T-1 Trip Charge-Zone 1 (drip) S-1906 565.00 532.50 07/31/2020 64.00 D-1 Drilling for Compaction Test(Rt.) S-2029 $9.50 $608.50 16.00 F-1 Compaction Test(ea.) S-2029 $40.00 $640.00 1.00 T-1 Trip Charge-Zone 1 (/trip) S-2029 $85.00 $65.00 08/07/2020 8.00 D-1 Drilling for Compaction Test(at.) S-1990 $9.50 $76.00 2.00 F-1 Compaction Test(ea.) S-1990 $40.00 $80.00 1.00 T-1 Trip Charge-Zone 1 (drip) S-1990 $65.00 $65.00 08/25/2020 2.00 P-3 Project Engineer(/hr.) X-116682 $128.00 $256.00 PM Review Invoice Total: $2,382.50 REMIT TO:THIELE GEOTECH,INC FTIN 47-0794664 13478 Chandler Road Online Payments available at Omaha, Nebraska 68138-3716 www.thielegeotech.com ePay 402/556-2171 Fax 402/556-7831 TERMS: DUE UPON RECEIPT PAST DUE BALANCES SUBJECT TO 1.25%SERVICE CHARGE PER MONTH FOLEYSHALD ENGINEERING, LLC 3803 N 153RD STREET, SUITE 203 OMAHA, NE 68116 F 'e Shea T 402.804.3993 September 3, 2020 VIA EMAIL Chairman and Board of Trustees Sanitary and Improvement District No. 602 c/o Fullenkamp, Jobeun, Johnson & Beller 11440 West Center Road, Suite C Omaha, NE 68144-4482 Lake Cunningham Village Sanitary and Improvement District No. 602, Douglas County Storm Sewer Phase I 1 FSE #:015.001 Dear Members of the Board: Enclosed is Invoice #70973 from Thiele Geotech for materials testing services on the above referenced project. We recommend payment directly to Thiele Geotech Inc in the amount of$1,484.5 Please feel free to contact us with any questions. Sincerely, Joseph Foley, PE Senior Project Manager I Cc: Henry Luo Mitch He Thiele Geotech Inc. 13478 Chandler Road _ Omaha,Nebraska 68138-3716 402/556-2171 Fax 402/556-7831 -"I We accept major Credit Cards Thiele Geotech Inc: INVOICE Project No: 01.19193.03 Invoice#:70973 PM: Kimball,Cody Date:08/25/2020 Dept: Materials Page:1 of 1 Bill to: Project: SID 602 c/o FoleyShald Engineering,LLC Lake Cunningham Village Subdivision-Storm Sewer Lake Cunningham Village Storm Sewer 3803 North 153rd Street North 96th Street&,State-Street Omaha, NE 68122 Suite 203 Omaha, NE. 68116 USA Date Quant Code Description Sample Rate Amount 07129/2020 2.00 F-1 Compaction Test(ea.) S-1910 $40.00 $80.00 0.50 T-1 Trip Charge-Zone 1(grip) S-1910 $65.00 $32.50 08/05/2020 7.00 F-1 Compaction Test(ea.) 5-1975 $40.00 $280.00 1.00 T-1 Trip Charge-Zone 1(/trip) S-1975 $65.00 $85.00 08/07/2020 5.00 F-1 Compaction Test(ea.) S-1993 $40.00 $200.00 1.00 T-1 Trip Charge-Zone 1 (/trip) S-1993 $65.00 $65.00 08/13/2020 5.00 F-1 Compaction Test(ea.) S-2052 $40.00 5200.00 1.00 T-1 Trip Charge-Zone 1(/trip) S-2052 $65.00 $65.00 08/19/2020 6.00 F-1 Compaction Test(ea.) S-2162 $40.00 $240.00 1.00 Ti Trip Charge-Zone 1 (/trip) S-2162. $65.00 $65.00 08/25/2020 1.50 P-3 Project Engineer(/hr.) X-116683 $128.00 $192.00 PM Review Invoice Total: $1,484.50 REMIT TO:THIELE GEOTECH,INC FTIN 47-0794664 13478 Chandler Road Online Payments available at Omaha, Nebraska 68138-3716 www:thielegeotech.com ePay 402/556-2171 Fax 402/556-7831 TERMS: DUE UPON.RECEIPT PAST DUE BALANCES SUBJECT TO 1.25%SERVICE CHARGE PER MONTH FOLEYSHALD ENGINEERING, LLC 3803 N 153RD STREET, SUITE 203 OMAHA, NE 68116 F®le Shald T402.804.3993 1,„, September 3, 2020 VIA EMAIL Chairman and Board of Trustees Sanitary and Improvement District No. 602 c/o Fullenkamp, Jobeun, Johnson & Beller 11440 West Censer Road, Suite C Omaha, NE 68144-4482 Lake Cunningham Village Sanitary and Improvement District No. 602, Douglas County Paving Phase I FSE #:015.001 Dear Members of the Board: Enclosed is Invoice #70974 from Thiele Geotech for materials testing services on the above referenced project. We recommend payment directly to Thiele Geotech Inc in the amount of$3,228.00. Please feel free to contact us with any questions. Sincerely,g � Joseph Foley, PE Senior Project Manager I Cc: Henry Luo Mitch He Thiele Geotech Inc. 13478 Chandler Road _ Omaha,Nebraska 68138-3716 402/556-2171.Fax 402/556-7831 "' We accept major Credit Cards Thiele Geotech Inc INVOICE Project No: 01.19193.04 Invoice#:70974 PM: Kimball,Cody Date:08/25/2020 Dept: Materials Page: 1 of 2 Bill to: Project: SID 602 c/o FoleyShald Engineering, LLC Lake Cunningham Village Subdivision-Paving Lake Cunningham Village Paving 3803 North 153rd Street North 96th Street&State Street Omaha,NE 68122 Suite 203 Omaha, NE. 68116 USA Date Quant Code Description Sample Rate Amount 08/10/2020 7.00 F-1 Compaction Test(ea.) S-2002. $40.00 $280.00 1.00 T-1 Trip Charge-Zone 1 (/trip) S-2002 $85.00 $65.00 08/17/2020 4.00 C-1 Compressive Strength of Cylinder C-2926 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4.4"x8" C-2926. $87.00 $87.00 or 3-8"x12"cyl) 1.00 P-30 Engineering Technician-Hold Time. C-2926 $79.00 $79.00 1.00 T-1 Trip Charge.-Zone 1 (/trip) C-2926 $65.00 $65.00 4.00 C-1 Compressive Strength of Cylinder C-2927 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-2927 $87.00 $87.00 or3-6"x12"cyl) 1.00 F-8 Additional Slump Test(ea:) C-2927 $18.00 $18.00 1.00 F-9 Additional Air Content Test(ea.) C-2927 $27.00 $27,00 4.00 C-1 Compressive Strength of Cylinder C-2928 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-2928 - $87.00. $87.00. or 3-6"x12"cyl) 08/18/2020 4.00 C-1 Compressive Strength of Cylinder C-2943 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-2943 $87.00 $87.00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-2943 $65.00 $65.00 4.00 C-1 Compressive Strength of Cylinder C-2944 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4.4"x6" C-2944 $87.00 $87.00. or 3-6"x12"cyl) 1 1.00 T-1 Trip Charge-Zonal(/trlp) X-116440` $65.00 $65.00 Cylinder pickup 08/20/2020 4.00 C-1 Compressive Strength of Cylinder C-2996 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-2996 $87.00 $87.00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-2996 $65.00. $65.00 4.00 C-1 Compressive Strength of Cylinder C-2997 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-2997 $87.00 $87.00 or 3-6"x12"cyl) 4.00 C-1 Compressive Strength of Cylinder C-2998 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-2998 $87.00 $87.00 or 3-6"x12"cyl) TERMS: DUE UPON RECEIPT PAST DUE BALANCES SUBJECT TO 1.25%SERVICE CHARGE PER MONTH 13478 Chandler Road Omaha,Nebraska 68138-3716 J 402/556-2171 Fax 402/556-7831 We accept.major Credit Cards Thiele Geolech Inc INVOICE Project No: 01.19193.04 Invoice#:70974 PM: Kimball,Cody Date:08/25/2020 Dept: Materials Page:2 of 2 Date Quant Code Description Sample Rate Amount i 08/21/2020 1.00 T-1 Trip Charge-Zone 1 (/trip) X-116506 $65.00 $65.00 Cylinder pickup 08/24/2020 4.00 C-1 Compressive Strength of Cylinder C-3055 $19.00 $76.00 (ea.) . 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8". C-3055 $87.00 $87,00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1(/trip) C-3055 $65.00 $65.00 08/25/2020 4.00 C-1 Compressive Strength of Cylinder C-3078 $19.00 $76.00 (ea:) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C3078 $87.00 $87.00 or 3-6 x12"cyl) 1.00 T-1 Trip Charge-Zone 1 ((trip) C-3078 $65.00 $65.00 4.00 F-1 Compaction Test(ea.) S-2222 $40.00 $160.00 2.00 T-1 Trip Charge-Zone 1 ((trip) S-2222 $65.00 $130.00 I 3.00 P-3 Project Engineer(/hr.) X-116684 5128.00 $384.00 PM Review Invoice Total: $3,228.00 REMIT TO:THIELE GEOTECH, INC FTIN 47-0794664 13478 Chandler Road Online Payments available at Omaha, Nebraska 68138-3716 www.thielegeotech.com ePay. 402/556-2171 Fax 402/556-7831 TERMS: DUE UPON RECEIPT PAST DUE BALANCES SUBJECT TO 1.25%SERVICE CHARGE PER MONTH AGENDA Sanitary and Improvement District No. 602 of Douglas County, Nebraska (Lake Cunningham Village); Meeting to be held October 5, 2020 at 10:00 a.m. at 11440 W. Center Road, Omaha, Nebraska. I resent Neb ka Open Meetings Act; Trustee roll call: • Sarah J.Luo • Ning Yang <CLmgmei Huang O�2. ngineering matters: o Memorandum re: project status; and, Other matters before the Board as deemed necessary. 1 Vote on and approve the Resolution of Necessity for the District to enter into an Underground Service Agreement and related agreement for street lighting with Omaha Public Power District, for and in consideration of the construction/installation of the underground electrical distribution system and related appurtenances,the same having been approved, in form, at the September 8th meeting of the District. 4. Present statements, vote on and approve payment from the General Fund Account of the District for the following: I� a. ) Lutz& Company, PC for accounting services relating to completion of $3,250.00 ' the annual budget and audited financial statements F' '- g (No. 270023). Kuehl Capital Corporation for advisory fees on the General Fund War- $ 97.50 1M1 rants issued at this meeting (3.0%). l o Kuehl Capital Corporation for financial advisor/fiscal agent services for $10,500.00 i, FY 2020/2021 (#2484). d Piper Sandler & Co. for warrant processing fee on General Fund War- $ 276.95 rants issued at this meeting (2.0%). 5?, Present statements,vote on and approve payment from the Construction Fund Account of the ^District for the following: ff e. TAB Holding Company, LLC for completion of a portion of the Pay- $519,729.03 L,._-' mg Phase 1 improvements and in accordance with Pay Est. No. 2. cf.) Omaha Public Power District for construction and installation of the $226,800.00 , underground electrical distribution system in Phase 1 and pursuant to the aloe approved USA. Fullenkamp Jobeun Johnson&Beller, LLP for legal services rendered $30,522.45 in connection with items e. (5%) and f. (2%)hereinabove. FoleyShald Engineering, LLC for engineering and design services on $40,528.42 r various construction projects of the District (#1115). Thiele Geotech, Inc. for materials/compaction testing and jetting of $7,095.00 newly constructed sanitary and storm sewer, and paving in Section I (#70972, 70973, 70974). Kuehl Capital Corporation for advisory fees on the Construction Fund $24,740.25 Warrants issued at this meeting (3.0%). Piper Sandler& Co. for warrant processing fee on Construction Fund $16,988.30 Warrants issued at this meeting (2.0%). I 6. Any and all business before the Board as deemed necessary; meeting adjourned.