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.