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2021-02-02 SID 608 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 608 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 beingheld. 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. I 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 signatures this 2°d day of February,2021. Jeff E i t hairman Drew Snyder,Clerk MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 608 OF DOUGLAS COUNTY, NEBRASKA HELD AT 9:00 A.M. ON FEBRUARY 2, 2021. The meeting of the Board of Trustees of Sanitary and Improvement District No. 608 of Douglas County, Nebraska was convened in open and public session at 9:00 a.m. on February 2, 2021 at 20010 Manderson Circle, Elkhorn, Nebraska, or via teleconference and pursuant to the terms and conditions set forth in NE Executive Order No. 21-02, enacted by Governor Ricketts on January 11, 2021 and effective through April 30, 2021. Present at the meeting were Trustees Christian Kloster, Jeff Elliott and Drew Snyder. Also present was Larry A. Jobeun of Fullenkamp Jobeun Johnson & Beller, LLP, attorneys on behalf of the District Brad Huyck from Thompson Dreessen & Dorner, Inc., consulting engineers for the District, Trustee Scott Kinkaid and Adam Flanagan of Kuehl Capital Corporation, municipal advisors on behalf of the District, all attended the meeting telephonically and in accordance with the aforementioned executive order. Trustee Carson Stratman was absent. The Trustees were then notified of the location of the Nebraska Open Meetings Act, the same being made available via electronic mail and by request review in accordance with State Law. Notice of the meeting was given in advance thereof by publication in The Daily Record on January 26, 2021, a copy of the Proof(s) 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 Chairman first presented the list of bids and bidders for the construction of the North Streams Storm Sewer & Paving System — Section I, said bids having been received on January 14, 2021 (Notice to Contractors having been published on December 16, 23 and 30, 2020), and presented together with a letter of recommendation of the engineers for the District, and the Clerk was directed to attach a copy of the letter of recommendation together with a copy of the bid tabulations to these minutes. After reviewing the letter of recommendation submitted by the engineers and determining that each of the bids was accompanied by the required bid bond and/or certified check, contract and maintenance bond in the amount of 100% of the contract price, it was determined that the recommendation of the engineers was that the bid of L.G. Roloff Construction Co., the lowest qualified bidder in the amount of $5,822,922.98, be accepted, even though the bid was $722,922.98 over the engineers original estimate. The Trustees then noted, after consulting with the engineer, that it may be necessary to amend the resolution to account for the overage as part of the budget authority set by said resolution. After discussion, the following resolution was then duly made, seconded and upon a roll call vote of"aye" by the Trustees was duly adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 608 of Douglas County, Nebraska that the bid of L.G. Roloff Construction CO. ("Roloff') for the construction of the North Streams Storm Sewer & Paving System— Section I, pursuant to the terms and conditions set forth in the contract to be entered into by and between the District and Roloff, and in the amount of$5,822,922.98, be and hereby is accepted and that the Chairman and Clerk be and they hereby are authorized as directed to execute the contracts by and between the District and Roloff for construction of the improvements. The Chairman next presented the Resolution of Necessity recommending that the District enter into a Purchase and Sale Agreement with Trail Creek Grading & Maintenance, LLC, for and in consideration of the District's acquisition of certain real, mixed and personal property being included within the boundaries of the District, the same being known as Site Work—Basin Outlet Construction (Storm Sewer & Paving), together with a recommendation and estimate of the total cost of said acquisition, which cost estimate, including engineering fees, legal fees, fiscal fees, administrative costs and other miscellaneous costs in the sum of$150,000.00. 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 Elliott, Snyder, Kloster and Kinkaid, was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 608 of Douglas County, Nebraska that the hearing on the proposed Resolution of Advisability and Necessity for the District to enter into a Sale and Purchase Agreements with Trail Creek Grading & Maintenance, LLC, for the District's acquisition of various real, personal and mixed property known as Site Work — Basin Outlet Construction (Storm Sewer & Paving), shall be held at 9:00 a.m. on February 23, 2021, at 11440 W. Center Road, Omaha, Nebraska, or via teleconference and pursuant to the notice of meeting, at which time owners of the property within the District who might become subject to assessment for the improvements contemplated by the proposed Resolution of Necessity may appeared and make objections to the proposed improvements and if a petition opposing the proposed Resolution of Advisability and Necessity, signed by property owners representing a majority of the front footage which might become subject to assessments for the cost of said improvements, as set out in the Resolution, as filed with the Clerk of the District within three days before the date set for hearing on such Resolution, such Resolution shall not be passed. BE IT FURTHER RESOLVED that the notice of said hearing shall be given by publication in The Daily Record, a legal newspaper of Douglas County, Nebraska for two consecutive weeks on February 11 and 18, 2021, which publication shall contain the entire wording of the proposed Resolution and that notice shall be given by posting same in three (3) conspicuous places within the boundaries of the District as required by §31-745 R.R.S.; and further, that the Clerk of the District shall give notice not less than seven (7) days prior to said hearing to the Douglas County Clerk and the City Clerk of Omaha, Nebraska as required by §31-727.02 R.R.S. The Chairman next presented the Resolution of Necessity recommending that the District acquire certain property and rights-of-way from an adjacent land owner, Pierson Enterprises, LLC, for and in consideration of the District's construction of improvements to be known as the access to U.S. Highway 6, or the J Street Improvements, together with a recommendation and estimate of the total cost of said acquisition of rights-of-way, which cost estimate, including engineering fees, legal fees, fiscal fees, administrative costs and other miscellaneous costs in the sum of$32,000.00. After discussion, the Resolution contained in Exhibit "B" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees Elliott, Snyder, Kloster and Kinkaid, was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 608 of Douglas County, Nebraska that the hearing on the proposed Resolution of Advisability and Necessity for the District to enter into acquire certain rights-of-way and easement areas from Pierson Enterprises, LLC, necessary for the construction of the J Street Improvements, shall be held at 9:00 a.m. on February 23, 2021, at 11440 W. Center Road, Omaha, Nebraska, or via teleconference and pursuant to the notice of meeting, at which time owners of the property within the District who might become subject to assessment for the improvements contemplated by the proposed Resolution of Necessity may appeared and make objections to the proposed improvements and if a petition opposing the proposed Resolution of Advisability and Necessity, signed by property owners representing a majority of the front footage which might become subject to assessments for the cost of said improvements, as set out in the Resolution, as filed with the Clerk of the District within three days before the date set for hearing on such Resolution, such Resolution shall not be passed. BE IT FURTHER RESOLVED that the notice of said hearing shall be given by publication in The Daily Record, a legal newspaper of Douglas County, Nebraska for two consecutive weeks on February 11 and 18, 2021, which publication shall contain the entire wording of the proposed Resolution and that notice shall be given by posting same in three (3) conspicuous places within the boundaries of the District as required by §31-745 R.R.S.; and further, that the Clerk of the District shall give notice not less than seven (7) days prior to said hearing to the Douglas County Clerk and the City Clerk of Omaha, Nebraska as required by §31-727.02 R.R.S. The Chairman next presented the following invoices and statements to be paid out of the General Fund Account of the District: a. Trail Creek Grading & Maintenance, LLC for erosion control and SWP- $1,200.00 1 PP maintenance (No. 10217). b. Kuehl Capital Corporation for advisory fees on the General Fund War- $ 30.00 rants issued at this meeting (2.5%). c. First National Capital Markets for warrant processing fee on General $ 30.75 Fund Warrants issued at this meeting (2.5%). The Chairman next presented the following invoices and statements to be paid out of the Construction Fund Account of the District: a. Thiele Geotech, Inc. for compaction testing of backfill in connection $2,653.00 with the Sanitary Sewer. b. Kuehl Capital Corporation for advisory fees on the Construction Fund $ 66.33 Warrants issued at this meeting (2.5%). c. First National Capital Markets for warrant underwriting fee on Con- $ 67.98 struction Fund Warrants issued at this meeting (2.5%). Upon a motion made, seconded and upon a roll call vote of"aye", the Board voted four (4) "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. 608 of Douglas County, Nebraska that the Chairman and Clerk be and hereby are authorized and directed to execute and deliver Warrants No. 29 through 34, inclusive, 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 6% per annum, Warrants No. 29 through 31 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 February 2, 2024 (the "General Fund Warrants"), and Warrants No. 32 through 34, 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 February 2, 2026 (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. 29 for $1,200.00 made payable to Trail Creek Grading & Maintenance, LLC for erosion control and SWPPP maintenance. b) Warrant No. 30 for $30.00 made payable to Kuehl Capital Corporation for municipal advisory services on General Fund Warrants issued at this meeting. c) Warrant No. 31 for $30.75 made payable to First National Capital Markets for underwriting fee on General Fund Warrants of issued by the District at this meeting. d) Warrant No. 32 for $2,653.00 made payable to Thiele Geotech, Inc. for compaction testing of backfill for Sanitary Sewer improvements. CF e) Warrant No. 33 for $66.33 made payable to Kuehl Capital Corporation for municipal advisory services on Construction Fund Warrants issued at this meeting. CF f) Warrant No. 34 for $67.98 made payable to First National Capital Markets 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. 608 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. 608 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. 608 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 F Improvement District No. 608 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. 608 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. 608 OF DOUGLAS COUNTY, NEBRASKA, HELD ON FEBRUARY 2,2021 There being no further business to come before the meeting, the meeting was adjourned. a'`,, Je :WI, Chairman 71-7 Drew Snyder, Clerk i ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING f The undersigned Trustees of Sanitary and Improvement District No.608 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 9:00 a.m.on February 2,2021,at 20010 Manderson Street,Elkhorn,Nebraska or via teleconference and pursuant the conditions set forth in NE Exec. Order No. 21-02, is kept continuously current and available for public inspection via electronic mail by contacting the office of the District's counsel at (402) 334-0700. d DATED this a �day of February, 2021. r CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 608 of Douglas County, Nebraska hereby certifies that Notice of meeting of the Board of Trustees of said District held on February 2, 2021, 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 pursuant the instructions contained in the notice of meeting given in advance thereof by publication in The Daily Record on January 26, 2021, 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, Nebraska within thirty (30) days from the date of this meeting. Drew Snyder, Clerk thompson, dreessen & dorner, inc. 10836 Old Mill Road engineering Omaha, NE 68154 & surveying 402330-8860 January 25, 2021 Chairman and Board of Trustees Sanitary and Improvement District No. 608 of Douglas County, Nebraska do Mr. Larry Jobeun, Attorney 11440 West Center Road, Suite C Omaha, NE 68144 RE: North Streams Storm Sewer and Paving —Section 1 Bid Tabulation TD2 File No. 2238-102.22 Board Members: Bids were received at our office on January 14, 2021, for the construction of the North Streams Storm Sewer and Paving —Section 1 project. L.G. Roloff Construction Co., Inc. of Omaha, Nebraska, was the low bidder in the amount of $5,822,922.98. This bid is $722,922.98 over the advertised Engineer's Estimate of costs for the project. It is our opinion that a lower proposal would not be submitted if this project were to be relet this construction season. L.G. Roloff Construction Co., Inc. is a qualified contractor and we recommend that the contract be awarded to them contingent upon submittal of the required bonds and certifications. A tabulation of all bids received is enclosed. Respectfully submitted, Bradley P. Huyck, P.E. THOMPSON, DREESSEN & DORNER, INC. BPH/ml Enclosure SUBMITTED PROPOSALS&COSTS Bidder: Bidder: Date of Bid:January 14,2021 L.G.Roloff Construction Co.,Inc. MBC Construction,LLC Client: S.&I.D.No.608,Douglas County,NE 10204 S.152 6002 N.89th Circle Omaha,NE Omaha,NE Project: North Streams Storm Sewer and 402-861-1721 402-571-3667 Paving-Section 1 Thompson,Dreessen montvh(o3roloffmc.com hen(o-lswainomaha com Eng Estimate: $5,100,000 &Darner,Inc. Bid Bond: $255,000 TD2 File No.:2238-102 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE INTERIOR STORM AND PAVING 1 Mobilization 1 L.S. $60,000.00 $60,000.00 $218,900.00 $218,900.00 2 Traffic Control 1 L.S. $1,365.00 $1,365.00 $1,490.00 $1,490.00 3 Clearing and Grubbing 1 L.S. $10,000.00 $10,000.00 $11,295.00 $11,295.00 4 Subgrade Preparation,In Place 21,000 C.Y. $4.85 $101,850.00 $6.18 $129,780.00 5 Install and Remove 54"CMP,In Place 150 L.F. $137.32 $20,598.00 $220.00 $33,000.00 6 202nd Street Culvert Embankment,Compacted In 18.000 C.V. $3.82 $68,760.00 $3.95 $71,100.00 Place 7 15"I.D.R.C.P.,Class III,W/Bedding,In Place 209 L.F. $44.58 $9,317.22 $46.85 $9,791.65 8 18"I.D.R.C.P.,Class III,W/Bedding,In Place 975 L.F. $48.77 $47,550.75 $50.85 $49,578.75 9 24"I.D.R.C.P.,Class III,W/Bedding,In Place 2,696 L.F. $61.95 $167,017.20 $64.40 $173,622.40 10 30"I.D.R.C.P.,Class III,W/Bedding,In Place 430 L.F. $80.26 $34,511.80 $84.70 $36,421.00 I 11 36"I.D.R.C.P.,D(0.01)=1350,W/Bedding,In Place 2,433 L.F. $99.32 $241,645.56 $111.00 $270,063.00 12 42"I.D.R.C.P.,D(0.01)=1350,W/Bedding,In Place 672 L.F. $142.50 $95,760.00 $130.00 $87,360.00 13 48"I.D.R.C.P.,D(0.01)=1350,W/Bedding,In Place 155 L.F. $182.27 $28,251.85 $152.00 $23,560.00 14 54"I.D.R.C.P.,D(0.01)=1350,W/Bedding,In Place 330 L.F. $214.91 $70,920.30 $192.00 $63,360.00 15 Curb Inlet(Type I),In Place 26 EA. $4,115.00 $106,990.00 $4,301.00 $111,826.00 16 Curb Inlet(Type III),In Place 28 EA. $4,115.00 $115,220.00 $4,301.00 $120,428.00 i 17 54"I.D.Storm Sewer Manhole,In Place 37 V.F. $619.63 $22,926.31 $621.00 $22,977.00 I 18 60"I.D.Storm Sewer Manhole,In Place 19 V.F. $717.05 $13,623.95 $706.00 $13,414.00 19 72"I.D.Storm Sewer Manhole,In Place 81 V.F. $816.70 $66,152.70 $904.00 $73,224.00 20 84"I.D.Storm Sewer Manhole,In Place 45 V.F. $1,395.63 $62,803.35 $1,130.00 $50,850.00 21 96"I.D.Storm Sewer Manhole,In Place 8 V.F. 1 $1,704.19 $13,633.52 $1,355.00 $10,840.00 Page 1 of 6 SUBMITTED PROPOSALS&COSTS Bidder: Bidder: Date of Bid: January 14,2021 L.G.Roloff Construction Co.,Inc. MBC Construction,LLC Client: S.&I.D.No.6013,Douglas County,NE i __ 10204 S.152 6002 N.89th Circle Omaha,NE Omaha,NE Project: North Streams Storm Sewer and - 402-861-1721 402-571-3667 Paving-Section 1 Thompson,Dreessen montvh(Trolofgnc.com ben@swainomaha.com Eng Estimate: $5,100,000 &Dorner,Inc. Bid Bond: $255,000 TD2 File No.: 2238-102 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 22 54"I.D.Flattop Storm Sewer Manhole,In Place 6 V.F. $619.63 $3,717.78 $621.00 $3,726.00 23 60"I.D.Flattop Storm Sewer Manhole,In Place 7 V.F. $717.05 $5,019.35 $706.00 $4,942.00 24 72"I.D.Flattop Storm Sewer Manhole,In Place 13 V.F. $816.70 $10,617.10 $904.00 $11,752.00 25 84"I.D.Flattop Storm Sewer Manhole,In Place 8 V.F. $1,395.63 $11,165.04 $1,130.00 $9,040.00 26 96"I.D.Flattop Storm Sewer Manhole,In Place 24 V.F. $1,653.78 $39,690.72 $1,355.00 $32,520.00 27 18"R.C.P Flared End Section with Bar Grates,In Place 2 EA. $1,863.32 $3,726.64 $1,293.00 $2,586.00 28 24"R.C.P Flared End Section with Bar Grates,In 1 EA. $2,366.82 $2,366.82 $1,660.00 $1,660.00 Place 29 36"R.C.P Flared End Section with Bar Grates,In 1 EA. $3,218.12 $3,218.12 $2,592.00 $2,592.00 Place 30 48"R.C.P Flared End Section with Bar Grates,In 2 EA. $4,899.57 $9,799.14 $3,784.00 $7,568.00 Place 31 43"x 68"R.C.P.Flared End Section with Bar Grates, 1 EA. $6,221.89 $6,221.89 $5,981.00 $5,981.00 l In Place 32 Standard Manhole Ring and Cover,In Place 34 EA. $875.59 $29,770.06 $480.00 $16,320.00 ! 33 10'x 12'Reinforced Concrete Box Culvert,In Place 140 L.F. $4,150.00 $581,000.00 $3,671.00 $513,940.00 34 Crushed Rock,Unstable Trench,If Necessary 100 TON $38.00 $3,800.00 $40.65 $4,065.00 35 Geotextile Fabric,Unstable Trench,If Necessary 100 S.Y. $3.85 $385.00 $2.82 $282.00 36 7"Uniform P.C.C.L65 Pavement W/Integral Curb,In 36,175 S.Y. $43.25 $1,564,568.75 $46.40 $1,678,520.00 Place 37 9"Uniform P.C.C.L65 Pavement W/Integral Curb,In 15,474 S.Y. $52.75 $816,253.50 $58.00 $897,492.00 Place 38 Construct P.C.C.Header,In Place 225 L.F. $17.54 $3,946.50 $13.85 $3,116.25 1 39 Adjust Sanitary Sewer Manhole to Grade 67 EA. $232.62 $15,585.54 $710.00 $47,570.00 40 Curb Inlet Protection,In Place 62 EA. $177.20 $10,986.40 $192.00 $11,904.00 41 Type"B"Rock Riprap on Non-Woven Geotextile 865 TON $79.38 $68,663.70 $79.05 $68,378.25 Fabric,In Place 42 Erosion Control Matting,Eronet S150(Or Approved 3,920 S.Y. $0.93 $3,645.60 $1.13 $4,429.60 Equal),In Place 43 Permanent Type"B"Seed Mix,In Place 3,920 S.V. $0.27 $1,058.40 $0.34 $1,332.80 Page 2 of 6 SUBMITTED PROPOSALS&COSTS Bidder: .Bidder: Date of Bid:January 14,2021 L.G.Roloff Construction Co.,Inc. !MBC Construction,LLC Client: S.&I.D.No.608,Douglas County,NE 10204 S.152 6002 N.89th Circle Omaha,NE ,Omaha,NE Project: North Streams Storm Sewer and - 402-861-1721 1402-571-3667 Paving-Section 1 Thompson,Dreessen montvh(elroloffinc.com 'ben ol�swainomaha.com Eng Estimate: $5,100,000 &Dorner,Inc. Bid Bond: $255,000 TD2 File No.: 2238-102 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 44 Construct Traffic Calming Device,In Place 2 EA. $7,950.00 $15,900.00 $9,260.00 $18,520.00 45 Tap Existing Area Inlet 1 EA. $1,410.00 $1,410.00 $1,694.00 $1,694.00 89 Clearing and Grubbing Trees over 9"to 18"Diameter 20 EA. $440.00 $8,800.00 $678.00 $13,560.00 90 Clearing and Grubbing Trees over 18"to 27"Diameter 10 EA. $655.00 $6,550.00 $1,130.00 $11,300.00 91 Clearing and Grubbing Trees over 27"to 36"Diameter 10 EA. $930.00 $9,300.00 $1,355.00 $13,550.00 1 92 Clearing and Grubbing Trees over 36"to 48"Diameter 5 EA. $1,310.00 $6,550.00 $2,259.00 $11,295.00 93 Clearing and Grubbing Trees over 48"Diameter 2 EA. $1,525.00 $3,050.00 $3,106.00 $6,212.00 94 Topsoil(150 C.Y.Moved Twice),In Place 300 C.Y. $3.27 $981.00 $5.17 $1,551.00 95 Install and Remove 24"CMP,In Place 30 L.F. $76.33 $2,289.90 $69.30 $2,079.00 96 43"x 68"I.D.Elliptical R.C.P.,D(0.01)=1350,W/ 140 L.F. $279.42 $39,118.80 $412.00 $57,680.00 Bedding,In Place 97 Modified 72"I.D.Storm Sewer Manhole,In Place 22 V.F. $989.05 $21,759.10 $1,130.00 $24,860.00 98 Concrete Collar Around Manhole Ring,In Place 28 EA. $400.00 $11,200.00 $417.00 $11,676.00 - 99 Extra Depth Curb Inlet,In Place 8 EA. $6,850.00 $54,800.00 $7,768.00 $62,144.00 100 Sawcut to Full Depth,Remove and Dispose 2'Curb 65 L.F. $15.40 $1,001.00 $16.30 $1,059.50 and Gutter Section 101 Drill and Grout its X 18"Epoxy Coated Tie Bar,In Place 24 EA. $8.67 $208.08 $8.52 $204.48 102 6"Uniform P.C.C.Median Pavement,In Place 450 S.Y. $72.92 $32,814.00 $66.00 $29,700.00 103 ADA Ramps with Detectable Warnings,In Place 3 EA. $1,800.00 $5,400.00 $695.00 $2,085.00 104 End of Pavement Barricade,In Place 9 EA. $150.00 $1,350.00 $459.00 $4,131.00 105 5"Wide Preformed(White)Pavement Marking Tape, 2,190 L.F. $4.64 $10,161.60 $5.07 $11,103.30 Grooved In Place 106 5"Wide Preformed(Yellow)Pavement Marking Tape, 270 L.F. $4.64 $1,252.80 $5.07 $1,368.90 Grooved In Place 107 5"Wide(White)Pavement Parking Stall Paint,In 1,270 L.F. $1.69 $2,146.30 $1.85 $2,349.50 Place 106 Preformed(White)Pavement Marking Tape Symbol, 14 EA. $490.00 $6,860.00 $536.00 $7,504.00 Grooved In Place Page 3 of 6 SUBMITTED PROPOSALS&COSTS Bidder: Bidder: Date of Bid:January 14,2021 L.G.Roloff Construction Co.,Inc. MBC Construction,LLC Client: S.&ID.No.608,Douglas County,NE :. _ 10204 S.152 6002 N.89th Circle Omaha,NE Omaha,NE Project: North Streams Storm Sewer and - 402-861-1721 402-571-3667 Paving-Section 1 Thompson,Dreessen montvh@roloffnccom benfoswainomaha.com Eng Estimate:$5,100,000 &Dorner,Inc. Bid Bond: $255,000 TD2 File No.:2238-102 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 109 Clean Flush Sanitary Sewer After Paving, 14,020 L.F. $0.93 $13,038.60 $0.85 $11,917.00 Complete 114 Install and Remove Gravel Surfacing 110.00 TON $50.74 $5,581.40 $76.75 $8,442.50 115 48"Black Vinyl Coated Chain Link Fence,In Place 250 L.F. $43.66 $10,915.00 $45.20 $11,300.00 HIGHWAY 6/31 IMPROVEMENTS 46 Mobilization 1 L.S. $8,500.00 $8,500.00 $84,346.00 $84,346.00 47 Traffic Control 1 L.S. $5,500.00 $5,500.00 55,958.00 $5,958.00 i 48 Clearing and Grubbing 1 L.S. $10,550.00 $10,550.00 $11,295.00 $11,295.00 49 Remove and dispose of 24"R.C.P. 65 L.F. $21.51 $1,398.15 $22.60 $1,469.00 50 Remove and dispose of 30"R.C.P. 50 L.F. $27.63 $1,381.50 $27.10 $1,355.00 51 Sawcut and Remove P.C.C.Pavement 1,890 S.V. $11.46 $21,659.40 $23.90 $45,171.00 52 Sawcut and Remove A.C.C.Pavement 2,590 S.V. $15.28 $39,575.20 $20.70 $53,613.00 53 Remove Existing Pavement Markings 450 L.F. $3.55 $1,597.50 $3.67 $1,651.50 t 54 N Street Embankment,Compacted In Place 4,200 C.Y. $3.27 $13,734.00 $17.50 $73,500.00 55 Subgrade Preparation,In Place 2,160 C.V. $5.26 $11,361.60 $11.35 $24,516.00 56 18"I.D.R.C.P.,Class III,W/Bedding,In Place 75 L.F. $52.52 $3,939.00 $50.85 $3,813.75 57 24"I.D.R.C.P.,Class HI,W/Bedding,In Place 270 L.F. $64.34 $17,371.80 $64.40 $17,388.00 58 36"I.D.R.C.P.,Class III,W/Bedding,In Place 1,275 L.F. $95.95 $122,336.25 $111.00 $141,525.00 59 Construct 24"Concrete Collar,In Place 1 EA. $825.00 $825.00 $1,130.00 $1,130.00 60 Construct Type I Curb Inlet,In Place 1 EA. $4,115.00 $4,115.00 $4,301.00 $4,301.00 61 Construct Type III Curb Inlet,In Place 1 EA. $4,115.00 $4,115.00 $4,301.00 $4,301.00 62 72"I.D.Flattop Storm Sewer Manhole,In Place 4 V.F. $914.05 $3,656.20 $904.00 $3,616.00 63 Type II Area Inlet,In Place 1 EA. $4,025.00 $4,025.00 $4,518.00 $4,518.00 Page 4 of 6 SUBMITTED PROPOSALS&COSTS Bidder: Bidder: Date of Bid:January 14,2021 L.G.Roloff Construction Co.,Inc. MBC Construction,LLC Client: S.&I.D.No.608,Douglas County,NE _ 10204 S.152 6002 N.89th Circle Omaha,NE Omaha,NE Project: North Streams Storm Sewer and ----- '-- 402-861-1721 402-571-3667 Paving-Section 1 Thompson,Dreessen montvh(mroloffinc.com ben(Dswainomaha.com Eng Estimate: $5,100,000 &Dorner,Inc. Bid Bond: $255,000 TD2 File No.:2238-102 ITEM DESCRIPTION QUANTITY UNITS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 64 Remove,Salvage and Re-Install 24"Flared End 2 EA. $400.00 $800.00 $565.00 $1,130.00 Section,Complete 65 36"R.C.P.Flared End Section,In Place 2 EA. $2,924.00 $5,848.00 $2,598.00 $5,196.00 68 4"Uniform P.C.C.NDOT 476 Pavement,In Place 660 S.Y. $58.08 $38,332.80 $59.20 $39,072.00 67 6"Uniform P.C.C.NDOT 476 Pavement,In Place 70 S.V. $68.65 $4,819.50 $64.95 $4,546.50 68 9"Uniform P.C.C.NDOT 476 Pavement,In Place 650 S.Y. $80.95 $52,617.50 $84.40 $54,860.00 69 10"Uniform P.C.C.NDOT 476 Pavement,In Place . 4,750 S.Y. $86.39 $410,352.50 $77.75 $369,312.50 70 Aggregate Base Course,In Place 1,285 TON $40.50 $52,042.50 $48.45 $62,258.25 71 5"Wide Preformed(White)Pavement Marking Tape, 3,590 L.F. $4.64 $16,657.60 $5.07 $18,201.30 Grooved In Place 72 5"Wide Preformed(Yellow)Pavement Marking Tape, 1,000 L.F. $4.64 $4,640.00 $5.07 $5,070.00 Grooved In Place l 1 73 Preformed(White)Pavement Marking Tape Symbol, 12 EA. $490.00 $5,880.O0 $536.00 $6,432.00 Grooved In Place 74 Drill and Grout#5 X 18"Epoxy Coated Tie Bar,In 1,310 EA. $8.67 $11,357.70 $8.52 $11,161.20 Place 75 Granular Subdrain,In Place 6 EA. $425.00 $2,550.00 $363.00 $2,178.00 76 Construct Flex-A-Mat Apron,In Place 640 S.F. $16.50 $10,560.00 $19.50 $12,480.00 77 Erosion Control Matting,Tensor Eronet 5150(Or 13,660 S.V. $0.93 $12,703.80 $1.13 $15,435.80 Approved Equal),In Place 78 NDOT Type"6"Permanent Seed Mix,In Place 13,660 S.Y. $0.24 $3,278.40 $0.34 $4,644.40 79 Install,Maintain,and Remove Fabric Slit Fence,In 800 L.F. $3.18 $2,544.00 $4.29 $3,432.00 Place 80 Topsoil(450 CV)Moved Twice,In Place 900 C.Y. $3.27 $2,943.00 ' $5.17 $4,653.00 81 Straw Wattle,In Place 125 L.F. $3.33 $416.25 $2.82 $352.50 82 Construct 36"Concrete Collar,In Place 1 EA. $960.00 $960.00 $1,355.00 $1,355.00 83 72"I.D.Storm Sewer Manhole,In Place 15 V.F. $815.43 $12,231.45 $904.00 $13,560.00 84 12"Wide Preformed(White)Pavement Marking Tape, 370 L.F. $16.37 $6,056.90 $17.90 $6,623.00 Grooved In Place 85 5"Wide Dashed(White)Preformed Pavement 360 L.F. $4.64 $1,670.40 $5.07 $1,825.20 Marking Tape,Grooved In Place Page 5 of 6 SUBMITTED PROPOSALS&COSTS Bidder: Bidder: Date of Bid: January 14,2021 L.G.Roloff Construction Co.,Inc. MBC Construction,LLC Client: S.&I.D.No.608,Douglas County,NE _ I. i 10204 S.152 6002 N.89th Circle Omaha,NE Omaha,NE Project: North Streams Storm Sewer and " -- --- --i 402-861-1721 402-571-3667 Paving-Section 1 Thompson,Dreessen montvh(a)roloffnc.com ben(5Zswainomaha.com Eng Estimate:$5,100,000 &Dorner,Inc. Bid Bond: $255,000 TD2 Flle No.:2238-102 ITEM DESCRIPTION QUANTITY. UNITS UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 86 Type"B"Rock Riprap on Non-Woven Geotextile 290 TON $78.00 $22,620.00 $79.05 $22,924.50 Fabric,In Place 87 Gabion Baskets 0 EA. $1,500.00 $0.00 $0.00 $0.00 88 Type II Area Inlet(96"Diameter),In Place 0 EA. $10,000.00 $0.00 $0.00 $0.00 110 Extra Depth Curb Inlet,In Place 2 EA. $6,850.00 $13,700.00 $7,303.00 $14,606.00 111 Modified 72"I.D.Storm Sewer Manhole,In Place 18 V.F. $954.81 $17,186.58 $1,130.00 $20,340.00 112 Standard Manhole Ring and Cover,In Place 4 EA. $875.59 $3,502.36 $480.00 $1,920.00 113 Concrete Collar Around Manhole Ring,In Place 3 EA. $400.00 $1,200.00 $282.00 $846.00 116 Common Earthwork 1,000 C.Y. $3.27 $3,270.00 $9.04 $9,040.00 TOTAL BID: $5,822,922.98 • $6,436,806.28 • corrected in accordance with Information for Bidders Page 6 of 6 SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT, dated as of the/ day of , 2021 (the "Effective Date"), by and between TRAIL CREEK GRADING & MAINTENA CE, LLC, a Nebraska limited liability company, ("Seller"), and Sanitary and Improvement District 608 of Douglas County,Nebraska, a political subdivision of the State of Nebraska("Purchaser"). RECITALS: A. Seller desires to sell to Purchaser and Purchaser desires to purchase from Seller the personal, real and mixed property described as public storm sewer basin and outlet improvements (the"Property"). B. As consideration for the sale of the Property, Purchaser shall own and maintain the Property, and Seller shall receive warrants in the amount of the purchase price to be paid at the time the Purchaser. AGREEMENT: NOW, THEREFORE, in consideration of the recitals and the mutual agreements,provisions and covenants herein contained, Seller and Purchaser hereby agree as follows: SECTION 1. PROPERTY. Subject to the terms and conditions of this Agreement, Seller agrees to sell, convey, assign, transfer and deliver to Purchaser, and Purchaser shall buy, accept and receive from Seller on the Closing Date the Property together with all of the rights, privileges and appurtenances thereunto belonging and all of the rights of Seller in and to all improvements and fixtures thereon. SECTION 2. CONSIDERATION PAYABLE TO SELLER BY PURCHASER FOR THE PROPERTY. 2.1 Purchase Price. Subject to the terms and conditions of this Agreement, and in reliance upon the representations and warranties of Seller herein contained, and in consideration of the sale, conveyance, assignment, transfer and delivery of the Property by Seller to Purchaser pursuant to Sections 1 hereof, Purchaser agrees to purchase the Property from Seller and to own and maintain the Property and pay to Seller the amount of One Hundred Seven Thousand Eight Hundred Thirty Seven and 60/100t($107,837.60) Dollars (the "Purchase Price"). The District will also issue warrants for soft costs necessary to effectuate this transaction not to exceed twenty(20%) percent to third-party providers. 2.2 Payment of Purchase Price. Purchaser shall pay the Purchase Price to Seller in cash within thirty (30) days after the earlier of: (i) Purchaser reasonably determining that it will be subject to annexation into the corporate limits of any governing jurisdiction; or (ii) Purchaser being 1 deemed in a satisfactory financial condition to pay Seller the Purchase Price as reasonably determined by the Purchaser's municipal advisor(the "Payment Date"). SECTION 3. CLOSING. Subject to the terms and conditions contained in this Agreement,the transfer of the Property from Seller to Purchaser will take place at the offices of Fullenkamp Jobeun Johnson&Beller, LLP, 11440 West Center Road, Omaha,Nebraska, 68144, within thirty (30) days after the Effective Date of this Agreement(the "Closing Date"). SECTION 4. DISCLAIMER OF WARRANTY. Purchaser acknowledges that the Purchaser has been afforded the opportunity to inspect the Property, and an additional opportunity for inspection under Section 7 of this Agreement, to conduct such inspections and testings as the Purchaser has deemed appropriate and to verify all information furnished by the Seller. Without reliance on any information provided by the Seller, the Purchaser has determined that the physical properties are satisfactory to Purchaser in all respects. It is understood that Seller has made no representation either express or implied as to the condition or state of repair of the Property, including, without limitation to compliance of the Property with any governmental regulations and has made no agreement to alter,repair, or improve the Property. The sole obligation of Seller will be to deliver possession of the Property to Purchaser on the Closing Date in substantially the same condition (normal wear and tear and casualty loss excepted) as existed on the date of this Agreement and the Purchaser agrees to accept possession of the Property on the Closing Date in an AS IS condition WITH ALL FAULTS and WITHOUT EXPRESS OR IMPLIED WARRANTY. SECTION 5. CONDITIONS PRECEDENT TO OBLIGATIONS OF PURCHASER. The obligations of the Purchaser to purchase and acquire the Property from Seller is subject to the satisfaction, on or before the Closing Date, or earlier date if specified, of all of the following conditions,which conditions may be waived in writing by Purchaser: 5.1 Absence of Litigation. No action, suit or proceeding before any court or governmental body or authority pertaining to the Property or the transaction contemplated by this Agreement or to its consummation shall have been instituted or threatened on or before the Closing Date. SECTION 6. POSSESSION. Possession of the Property shall be delivered to Purchaser at Closing. SECTION 7. DEFAULT. 2 7.1 Default by Seller. In the event of Seller's failure to complete the transaction contemplated by this Agreement, Purchaser, at its option, may (i) terminate this Agreement by written notice to Seller and both parties shall be discharged from all duties of performance hereunder; and the Earnest Money and accrued interest thereon shall be returned to Purchaser, or(ii) enforce this Agreement by action for specific performance of this Agreement or by an action for damages. 7.2 Default by Purchaser. In the event of Purchaser's failure to complete the transaction contemplated by this Agreement, Seller, at its option, may (i) terminate this Agreement by written notice to Purchaser and both parties shall be discharged from all duties of performance hereunder; and the Earnest Money and accrued interest thereon shall be delivered to Seller, or (ii) enforce this Agreement by an action for specific performance of this Agreement or by an action for damages. 7.3 Remedies Exclusive. The remedies provided in this Section 7 are exclusive and noncumulative, and Seller and Purchaser each hereby waives the right to pursue any and all other remedies for default not expressly provided for in this Agreement, and Purchaser and Seller each acknowledge that the provision of this Section 7 is a material inducement to each of them to enter the transaction contemplated hereby. SECTION 8. MISCELLANEOUS. The following miscellaneous provisions shall apply to this Agreement: 8.1 Agent's Commission. The parties hereto acknowledge that no agents or brokers have been retained to represent either party in this transaction, and each party hereto agrees to indemnify and hold harmless the other party from any claims asserted by any other agent or broker or other person arising out of any act by such party as a result of the consummation of this transaction. 8.2 Waivers. Seller and Purchaser may, by written notice to the other, (a) extend the time for performance of any of the obligations or other actions of the other under this Agreement; (b) waive any inaccuracies in the representations and warranties of the other contained in this Agreement or in any documents delivered pursuant to this Agreement; (c) waive compliance with any of the conditions or covenants of the other contained in this Agreement; or(d) waive or modify performance of any of the obligations of the other under this Agreement. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representations, warranties, covenants or agreements contained in this Agreement. Any waiver by Seller or Purchaser of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. 8.3 Notices. All notices which are required or may be given pursuant to the terms of this Agreement shall be in writing and shall be sufficient in all respect if given in writing, and if delivered in person, effective the date of delivery, or if mailed by registered, certified or express 3 mail, postage prepaid, effective the day after depositing the notice in the U.S. Mail service or an overnight express mail carrier, as follows: If to Seller: Trail Creek Grading&Maintenance, LLC 3606 N. 156th Street, Ste. 101-302 Omaha,Nebraska 68116 If to Purchaser: SID 608,Douglas County Attn: Lary Jobeun,Attorney for SID 608 11440 West Center Road, Ste. C Omaha,Nebraska 68144 or at such other address as any party hereto shall have designated by notice in writing to the other parties hereto. 8.4 Amendments and Supplements. At any time before the Closing Date, this Agreement, or any other agreement relating to this Agreement, may be amended or supplemented by additional agreements, articles or certificates as may be determined by Seller and Purchaser to be necessary, desirable or expedient to further the purposes of this Agreement or to clarify the intention of the parties hereto, or to add to or modify the covenants, terms or conditions hereof or to effect or facilitate any approval or acceptance of the transactions contemplated by this Agreement or the consummation of the transaction contemplated hereby. 8.5 Survival of Representations, Warranties and Covenants. All representations, warranties and covenants made in or pursuant to this Agreement shall survive the Closing hereunder. 8.6 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral and written, between the parties with respect to the subject matter of this Agreement. 8.7 Time of Essence. Time is of the essence of this Agreement. 8.8 Applicable Law. This Agreement and the legal relations among the parties hereto shall be governed by and construed in accordance with the laws of the State of Nebraska applicable to contracts made and performed in Nebraska. 8.9 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 8.10 Purchaser's Representations. Purchaser hereby represents that it shall approve the issuance of the warrants and cause such warrants to be registered as negotiable instruments to 4 potentially be resold by Seller to a third-party purchaser for the purposes of paying Seller the Purchase Price on the Payment Date. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, at the place and date specified immediately adjacent to their respective names. [Signatures on Following Page] 5 SELLER: TRAIL CREEK GRADING & MAINTENANCE, LLC, a Nebraska limited liability company, Date: B . Its: itNitnca 611-- PURCHASER: Sanitary and Improvement District No. 608 of Douglas County, Nebraska, a political subdivision of the State of Nebraska, Date: • �Cf�( '1 • By: Je _ tt, Chairman Attest: Drew Snyder, Clerk • Trail Creek Grading&Maintenance,LLC Invoice 3606 N 156th Ste 101-302 Date Invoice# Omaha,NE 68116 1/14/2021 10210 Bill To Ship To SID 608 P.O. Number Terms Rep Ship Via F.O.B. Project Net 60 1/14/2021 Quantity Item Code Description Price Each Amount 1 02 Site Work Site Work 107,837.60 107,837.60 Reimbursement for North Streams(Ruscello)Basin Outlet. 1 Total $107,837.60 thompson, dreessen & dorner, inc. 10836 Old Mill Road engineering Omaha, NE 68154 & surveying 402330-8860 January 18, 2020 Chairman and Board of Trustees Sanitary and Improvement District No. 608 of Douglas County, Nebraska do Mr. Larry Jobeun, Attorney Fullenkamp, Jobeun, Johnson & Beller, LLP 11440 West Center Rd., Suite C Omaha, NE 68144 RE: North Streams • Thiele Geotech Inc., Invoice No. 70893 TD2 File No. 2238-105.7 Board Members: Enclosed please find Invoice No. 70893 from Thiele Geotech Inc. in the amount of $17,925.00 for a Geotechnical Exploration Study for the SID 608(North Streams) public improvements as required by City of Omaha Public Works. We recommend that payment be made directly to Thiele Geotech Inc. Respectfully submitted, l C�jr� d Bradley P. Huyck, P.E. THOMPSON, DREESSEN & DORNER, INC. BPH/ml Enclosure cc: Thiele Geotech Inc. 2 f 13478 Chandler Road �„; t.� Omaha,Nebraska 68138-3716 ; " 'a i 402/556-2171 Fax 402/556-7831 T ,"'� We accept major Credit Card: hiele Geotech Inc INVOICE Project No: 01.20366.01 Invoice#: 70893 PM: Kimball, Cody Date: 08/21/2020 Dept: Geotech Page: 1 of 1 Bill to: Project: SID 608 do Thompson, Dreessen & Dorner, Inc. North Streams Bradley Huyck Geotechnical Exploration 10836 Old Mill Road South 204th Street& Q Street Omaha, NE 68022 Omaha, NE. 68154 USA Date Quant Code Description Sample Rate Amount 08/21/2020 1.00 GEO Geotech Exploration Study/Report X-116497 $17,925.00 $17,925.00 (lump sum) Invoice Total: $17,925.00 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 thompson, dreessen & dorner, inc. 10836 Old Mill Road engineering Omaha, NE 68154 & surveying 402330-8860 January 14, 2021 Chairman and Board of Trustees Sanitary and Improvement District No. 608 of Douglas County, Nebraska c/o Mr. Larry Jobeun, Attorney Fullenkamp, Jobeun, Johnson & Beller, LLP 11440 West Center Rd., Suite C Omaha, NE 68144 RE: North Streams Acquisition of J Street Right-of-Way and Temporary Construction Easement for J Street Improvements TD2 File No. 2238-105.5 Board Members: We recommend that the District pay Pierson Enterprises, LLC$13,500.00 for the acquisition of the portion of Part of the NW 1/4 of the NW 1/4 of Section 6-14-11 as described in the enclosed documents. This acquisition is necessary to obtain necessary right-of-way for the construction of the District's J Street improvements in order to make the required access to U.S. Highway 6(Nebraska Highway 31). In addition, we recommend that the District pay Pierson Enterprises, LLC $11,500.00 for a Temporary Construction Easement as described in the enclosed documents. The estimated probable total cost for both the acquisition and Temporary Construction Easement is$30,000.00 which includes 20%of the purchase price for the estimate of legal fees, engineering fees, warrant fees, and miscellaneous costs. The plans and specifications for the construction of this portion of J Street are included in the District's project titled "NORTH STREAMS STORM SEWER AND PAVING —SECTION 1". Please contact this office if you have any questions regarding this information. Res ectfully su mitte , Matthew E. Maly, . THOMPSON, DREESSEN & DORNER, INC. MEM/ml Enclosures (2) 2 1/13/2021 2:08 PM BRAD HITCH H:\2000\Ta89 Woodeanio Real Wale\2afi9-112 204th and 0\Survey\Omwinge\2089—I12IX4Awg I 1 1 PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 6-14-11 I RADIUS=132.50' CHORD 13EARING=S79'00'55"E CHORD DISTANCE=54.11' RADIUS=107.50' ARC DISTANCE=54.49' CHORD BEARING=S78'31'46"E CHORD DISTANCE=42.12' w NO2'09'O5"W 20.00' ARC DISTANCE=42.39' cc 1 1 N89'12'10"E 244.03' // S89'12'10"W 337.68' POINT OF BEGINNING J " STREET N N89'12'10"E 82.60' OUTLOT LOT 1 LOT 26 LOT 27N A NORTH STREAMS REPLAT O N E SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 6, T14N, R11E OF THE 6th P.M., DOUGLAS COUNTY, NEBRASKA. (COMMENCING POINT) N 0' 50' 100' LEGAL DESCRIPTION THAT PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 6, T14N, R11E OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS, COMMENCING AT THE SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 6; THENCE N89°12'10"E (ASSUMED BEARING) 82.60 FEET ON THE SOUTH LINE OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 6 TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EAST LINE OF 204TH STREET; THENCE NO2°09'05"W 20.00 FEET ON THE EAST LINE OF 204TH STREET; THENCE N89'12'10"E 244.03 FEET ON A LINE 20.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NW 1/4; THENCE SOUTHEASTERLY ON A 132.50 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING S79°00'55"E, CHORD DISTANCE 54.11 FEET, AN ARC DISTANCE OF 54.49 FEET; THENCE SOUTHEASTERLY ON A 107.50 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING S78'31'46"E, CHORD DISTANCE 42.12 FEET, AN ARC DISTANCE OF 42.39 FEET TO THE SOUTH LINE OF SAID NW 1/4; THENCE S89'12'10"W 337.68 FEET ON THE SOUTH LINE OF SAID NW 1/4 TO THE POINT OF BEGINNING. CONTAINING 5,868 SQUARE FEET OR 0.135 ACRES Job Number: 2069-112-EX4 EXHIBIT " A " Date:OCTOBER 13,2020 TD2 thompson, en&dorner,inc. Mill Rd 10836 Old Mill Rd Drawn By: RJR engineering Omaha,NE 68154 Reviewed By: JDW&surveying p.402.330.8860 f.402.330.5866 Revision Date: WOODSONIA REAL ESTATE Page td2co.com 1/13/2021 2:08 PM BRAD HWCK H:\2000\2069 Woad,onlo Real Estate\2069-112 204th and 0\Survq\Omwinge\2069-112EX5.dwg 1 PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 6-14-11 1 w I SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SECTION 6, T14N, R11E o - OF THE 6th P.M., DOUGLAS COUNTY, NEBRASKA. (COMMENCING POINT) a, 0 N S89'12'10"W 189.15'N NO0'47'50"W 50.00' �ZZZZC7C otN89'44 20"W00 N0047S0"W 30.00' 87.88' S89'12'10"W200.00' N0047'50W 10.00' \\\\ OK 1322 P� G� S89'12'10"W 250.O�- _= N89'12'10"E 299.34' �� N89'1210"E 156.83' 0 S00'03'02"W J STREET o N N IQ 1 16.34' POINT OF _ _ F w BEGINNING N00'03'02"E 5 .13'10"W 20.00' LOT 26 - _ LOT 27 I l 16699.03' / LOT 1 v I OUTLOT N A NORTH STREAMS REPLAT O N E N RADIUS=132.50' RADIUS=107.50' CHORD BEARING=S79'00'55"E CHORD BEARING=S78'31'46"E CHORD DISTANCE=54.11' CHORD DISTANCE=42.12' ARC DISTANCE=54.49' ARC DISTANCE=42.39' 0' 50' 100� LEGAL DESCRIPTION THAT PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 6, T14N, R11E OF THE 6TH P.M., DOUGLAS COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS, COMMENCING AT THE SW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 6; THENCE N89'12110"E (ASSUMED BEARING) 169.03 FEET ON THE SOUTH LINE OF THE NW 1/4 OF THE SE CORNER OF AN EXISTING "PERMANENT DRIVE EASEMENT" GRANTED TO THE STATE OF NEBRASKA RECORDED IN MISC. BOOK 1322 AT PAGE 689 OF THE DOUGLAS COUNTY RECORDS; THENCE NO0'03'02"W 20.00 FEET ON THE EAST LINE OF SAID EASEMENT TO THE POINT OF BEGINNING; THENCE N89'12'10"E 156.83 FEET ON A LINE 20.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NW 1/4; THENCE SOUTHEASTERLY ON A 132.50 FOOT RADIUS CURVE TO THE RIGHT, CHORD BEARING S79'00'55"E, i CHORD DISTANCE 54.11 FEET, AN ARC DISTANCE OF 54.49 FEET; THENCE SOUTHEASTERLY ON A 107.50 FOOT RADIUS CURVE TO THE LEFT, CHORD BEARING S78'31'46"E, CHORD DISTANCE 42.12 FEET, AN ARC DISTANCE OF 42.39 FEET TO THE SOUTH LINE OF SAID NW 1/4; THENCE S89'12'10"W 299.34 FEET ON THE SOUTH LINE OF SAID NW 1/4; THENCE NO0'47'50"W 10.00 FEET; THENCE S89'12'10"W 250.00 FEET ON A LINE 10.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NW 1/4; THENCE NO0'47'50"W 30.00 FEET; THENCE S89'12'10"W 200.00 FEET ON A LINE 40.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NW 1/4; THENCE NO0'47'50"E 50.00 FEET; THENCE S89'12'10"W 189.15 FEET ON A LINE 90.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID NW 1/4 TO THE EAST LINE OF 204TH STREET; THENCE SO2'09'05"E 52.05 FEET ON THE EAST LINE OF 204TH STREET TO THE NW CORNER OF SAID "PERMANENT DRIVE EASEMENT"; THENCE S89'44'20"E 87.88 FEET ON THE NORTH LINE OF SAID EASEMENT TO THE NE CORNER THEREOF; THENCE SOO'03'02"W 16.34 FEET ON THE EAST LINE OF SAID EASEMENT TO THE POINT OF BEGINNING. CONTAINING 20,057 SQUARE FEET OR 0.460 ACRES Job Number: 2069-112-EX5 EXHIBIT " A Date:NOVEMBER 17,2020 /� " TD 2 thompson,dreessen&dorner,inc. Drawn By: RJR 10836 Old Mill Rd engineering Omaha,NE 68154 Reviewed By: JDW Book & surveying p.402.330.8860 f.402.330.5866 Revision Date: WOODSONIA REAL ESTATE I page td2co.com thompson, dreessen & dorner, inc. 10836 Old Mill Road engineering Omaha, NE 68154 & surveying 402330-8860 January 22, 2021 Chairman and Board of Trustees Sanitary and Improvement District No. 608 of Douglas County, Nebraska do Mr. Larry Jobeun, Attorney Fullenkamp, Jobeun, Johnson & Beller, LLP 11440 West Center Rd., Suite C Omaha, NE 68144 RE: North Streams Trail Creek Grading & Maintenance, LLC, Invoice No. 10217 TD2 File No. 2238-105.8 Board Members: Enclosed please find Invoice No. 10217 from Trail Creek Grading & Maintenance, LLC in the amount of $1,200.00 for the erosion control maintenance described. We recommend that payment be made directly to Trail Creek Grading & Maintenance, LLC. Respectfully submitted, Bradley P. uyck, P.E. THOMPSON, DREESSEN & DORNER, INC. BPH/ml Enclosure cc: Trail Creek Grading & Maintenance, LLC 1 :; • 2 Trail Creek Grading&Maintenance, LLC Invoice 3606 N 156th Ste 101-302 Date Invoice# Omaha,NE 68116 1/18/2021 10217 Bill To Ship To SID 608 P.O. Number Terms Rep Ship Via F.O.B. Project Net 60 1/18/2021 Quantity Item Code Description Price Each Amount 1 02 Site Work Site Work 1,200.00 1,200.00 Work performed 11/25/20 Repaired broken silt fences along east property line. Total $1,200.00 thompson, dreessen & dorner, inc. 10836 Old Mill Road engineering Omaha, NE 68154 & surveying 402330-8860 January 7, 2021 Chairman and Board of Trustees Sanitary and Improvement District No. 608 of Douglas County, Nebraska do Mr. Larry Jobeun, Attorney 11440 West Center Road Omaha, NE 68144 RE: North Streams Sanitary Sewer—Section 1 North Thiele Geotech Inc., Invoice No. 72153 TD2 File No. 2238-101.27 Board Members: Enclosed please find Invoice No. 72153 from Thiele Geotech Inc. in the amount of $2,653.00 for compaction testing of backfill for sanitary sewer installation, as required by the project documents. We recommend that payment be made directly to Thiele Geotech, Inc. Respectfully submitted, Bradley P. Huyck, P.E. THOMPSON, DREESSEN & DORNER, INC. BPH/ml Enclosure cc: Thiele Geotech Inc. 2 `: 13478 Chandler Road Omaha,Nebraska 68138-3716 i♦ 402/556-2171 Fax 402/556-7831 V, r i l We accept major Credit Cards Thiele Geotech Ift r " I N V O I C E JAN m 6 2021 Project No: 01.20366.02 Invoice#:72153 PM: Kimball, Cody THIONIPSON, OREESSEN Date: 12/29/2020 Dept: Materials & DORNER, INC. Page: 1 of 1 Bill to: Project: SID 608 c/o Thompson, Dreessen&Dorner, Inc. North Streams-North Sanitary Sewer Bradley Huyck North Sanitary Sewer 10836 Old Mill Road N.E. corner of 204th&O Omaha, NE Omaha, NE. 68154 USA Date Quant Code Description Sample Rate Amount 12/11/2020 63.00 D-1 Drilling for Compaction Test(fit) S-3524 $9.50 $598.50 18.00 F-1 Compaction Test(ea.) S-3524 $40.00 $720.00 1.00 T-1 Trip Charge-Zone 1 (/trip) S-3524 $65.00 $65.00 12/16/2020 31.00 D-1 Drilling for Compaction Test(fit.) S-3550 $9.50 $294.50 8.00 F-1 Compaction Test(ea.) S-3550 $40.00 $320.00 1.00 T-1 Trip Charge-Zone 1 (/trip) S-3550 $65.00 $65.00 12/24/2020 1.00 S-30 Std.Proctor with Atterberg Limits(set) 0-3233 $270.00 $270.00 12/29/2020 2.50 P-3 Project Engineer(/hr.) X-119226 $128.00 $320.00 PM Review Invoice Total: $2,653.00 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 ltsli � 49.1 vial ! 1111,4 h ii: ° gr otirvi f gn g a �. M la Pi.a ..5 .4 M 1 u i':i-Fji fi, ,.. 8 4 m JOBELIN]OMN50XOBELLEP,LIP- F WEST MAH W CANKER ROAD O NEBRASKA NEBPASYA68Ia4 regpr'F TO WNWRP31095 . SANITARY AND IMPROVEMENT OIST'RICT NO,608 OF DOUGIAS COUNTY,NEBRASKA sealMill Road,pOa Neals ltbe received lathebraska 68150,until 940 P.M.on Thompson, armory 6,2033b Cue fam�836 Old shing-of an labor,materials,use of Cmnaslwk equipment,plant end all eve neng very to consLe¢peep- eily all of the improvements gib the Improvement generally designated,NORTH STREAMS STORM SEWER AND PAVING-SECTION I. At sod,hour,or M Wn TI praNpble thereafter,lie Beard of Trustees of the District will p �open In the eneryuce of ell omn waders and for consider We bids received for the furnishing or suchlie exec or the wok mrslris of the necessary on orneth effectuation or th of such��mkied below and other related preparatory and s1051Nary war,horn Issuance of the Notre to Proceed: Item Dssel00on EstimatedgeanNUoa Ippdna SMm[ewer and keIng Mobilization L5, heWo Control • L5, Clearing d GrubbingL5. Sulgade Preparation,In Mete 1,0013 C.V. PffiIl end Remove 54'PIP In Place 50 LE Ol#at Culvert Embankment,Compacted In Mace 8,000 CV.. IS'TO.I.C.R.Oat III,WI Bedding,In More 05 LE eo ID.RC.P„Cass NI,WI&.WAng,In%ace 15 LF. 24'I.D.P.CR.,Oas III,WI Bedding,In place 80 LE. 030'I.D.!MCP,Oas O1,W/feeere,In Place ,020 LE LE 2 42"I.D.Roe,Class HI Class ,WIBM]In WI g,In Place 30 In Mace 5 LE 316"I0.R.CP,Gas 111,W/Bedding,N Mace OS LP.. 4 54"I.D.RCP,Cass it,WI Bedding,In pate 80 L.F. 560"ID.RO.PA,Cass HI WI Bedding,In Place 6 L.F. 6 Cub Inlet(typel),In Mace 6 EA ]Curb Inlet(TYfelll),In Mace 4 EA 554'1.0.51mm Severe Manhole,In Place a ME 960'ID.Strom Sewer Manhole,Di Place 9 Mc 072"ID.Storm Sewer Manhole,In Race 0 V.F. I04"1.0.5tarm Sewer Manhole,In Place 0 V.F. 2e4'I.D.Storm Sewer Manse,In Place 4 VE 3 60-LIT Flattop Man Sewer Manhole,In Place 2 V.F. 972B I.D.McSop Storm Sews Manhole{m Mace 3 V.P. 584"I.D.Aesop Stemi,Sewer Manh0le,In Place V.E 624'SOP Flared End Seers with Bar Grate,In Place EA. 736'SOP Flared End SecOn with Bar Grates,On Place EA ' 0 W'LOP Bard And Section who Bar Gals,In Place co 9 TO"MCP flared End Seaton who Bar Grates,In Place ew. S Standard Manhole else and Co're51n Mae ] FA 110'a 12'Reinforced Concrete Box Culvert,In Place 50 LE 2 Oushed moat,UnsgOl Tench,If Necessary 00 TON 3 Ceotexae Eabrl4 Unstable Wendt,R Necessary 00 S.Y. T Onifove R.CC.L65 Pavement WI Integral Cot,In Mare 34,715 S.Y. 59"Untb,m P.CG L65 Pavement WI Integral Oa In Mace 17,720 5Y. 6 Coas[NR P.C.C.Header,In Place 100 L.F. ']Adjust Sanitary Sewer Manhole to Wade 62 EA. BCUN Inlet PM4bn,In Plane 29 Myna r Wrap ap on N 'WWe GmNaele Fabric,In Place � TON 40 Erosion Control Matting,sweet 5150 Or Approved Equal),In Place 500 S.V. Hpllypa Ayer]Omca rrnwnrned Mk In Place SW .$.Y. 42 Mobil-gallon 1 L5. • I 43 Traffic Control 1 15. • 44 Clearing and obey I 4tiPen M m ove a L5. apse of 65 LE • r0Lre 46Rern Remove W A 3p' 50 L.P. • s 4]Saw andd Remove P.C.C.Pavement ent ,5J0 S.Y 48 Re W W and Remove A.C.C.Pavement S 49 PemwembM9PN,lCaeaakrq .4 SO Haul In SaboreAmMnkmCrt CO Wee Maw ,700 CY. • 515u 0.0PR.,CI,,,N%xe ]W L,y 53 24".0.0.C.P.,Oas IN,WI Bedding,In Mace p LE. 54 34"10.R.C.P.Class OI WI Bedding,In Place 00 LE SS C6enSc t24"Oas1DrW/BIn Pisa Place 5 L.F. 56 Grout 29'OWR@voryIlope¢ EA 56 Construct Type lOabinInl,InRafe EA, 57 Construct Type III Curb Inlet,In Place AA, 58 T72'ype aceineWmleee manhole,In Raw ME SY Rem e,Salrole,es Face Eq, CO Remove,dalvgemC Complete 24" Oared End aredEd Becton, EA 624" RCP Eared End Inment 636"Uniform P.GG HOOT 47B Pavement,In Flee¢ 35 S.Y. 063 4e'UnIMrm P.C.C.NWT9]B Pavement,In Mare 50 S.Y 649"uniform ECG.NWT 97B averment,In Mace 45065 S.V. ' 66 A01tiriferm BCC.Aggrgate Base Cows Plavemenl In Mace 11,0I0S TON 625 Wee Preformed(Y.rtft)Pavement Marking Tare,- • Grooved In Place 2,200 Lfi IN 5'W Pee Preformed(Yellow)Pavement Marking Tape, Grooved In Place 870 LE 69 R00WWed Moser)Pavement Marking Tape S}mWl, GrWved In Place 10 700dll and Grout 05 N 1B'EpW Coaled lie Bat,In Place 1,085 FA 71 Granular 5ubd21n,In Mare 6 F6 72 Construct Flex-A-Mat Opren,in Place 1,120 5F. 73 Brogan Control Maury,Tenser Bonet S150 t (M Approved Petal,N Place 1,050 Sr. 74 NOT rym B'Pemmanent Seed Mg,In Place 4,050 S.M. 75 Install Maintain,and Remove Fabric SSt Pence,In Place Rod 1,5 ]6 h0A8(410 co Moved"[Wick,In Place 9W GY nsaawWnwe,InPlace 125 LE 28 N Street Embankment,Compacted In Place 2,500 C.Y. 79 Gablon Paget,In Place 36 C.Y. 1 W 84'1.0.Area Inlet,In Place I S, Bl lype"C Piprap,In Mace 250 TON The Bylneer%estimate of the construction or other effectuation et all such imprnvemm6 is 65,100,000.00. • Ill work called for In the drawings and specifiat0ns shall be furnished In MOW accordance with the eraw0lgs and specifications prepared by Thompson,deessen&Once,Inc,Engines to the i Di541R,and now filth in the office W the Glee of the 06trld at 11440 Wet Center Road,Salle C, i Omaha,NE,63144,and ads w01 be received only upon the proposal form furnished through 0he Engineer for the DLSbiLt Each bed must be accompanied In a SEPARATE SEXED FNVEIEIPE bye certified{peck drawn er bank ribose deposits are Insured ty the Federal Deposit Insurance CaryerNM In the amount of iss5,000.W,payable without condition to the Treasurer,Sanitary and Improvement metrlet No. 606 of Owglae Qwdy,Nebraska,0r a bid bond for a like%moat as Ndenne Of good folio or the bidden and as agreed Upon liquidated damages la the path¢in the event the bidder whose • Dlopul Is accepted by the Beard of'listens of the District IBISm enter Into contrail within ten (103 dam after Noce 0f Award and lemlshaepdble bone to complete the too-Wand and pay for all morsel done and materials used,ant bond to be In the amount cnlne%of the total bid pl No bidder may wdhe2w Ida proposal far a period of tarty(3D)days after the dale 5E1 lot the opening of U7a • Plans and Sped Oaten may be obtained at the offices of Standard Digital Imaging,4424 South 108th Steel,Omaha,Nebraska 68137(4 02-592-12 92).Documents are available for download • M Sportalanclardshatitelsom. Pke9 centact Standard Digital Imaging direeN for any Wils' lance WO SterdaryWIF"Mans and SpMlcalgns may eba be examined and obtained at the Engineers office,10836 0ld MI Road,Omaha,NE 66151. NI wets associated with obtaining • documents are the responsibility of the bidder and are nonrefundeae.In ode.40 ensure bidders are aware of all Issued documents pertaining to e4e oppM'illy-add will only be aemed from those listed on the planh01ders lists kept at the Engineer's office hod the dflar of Standard M90a1 Mping/Study/SHARE. Saabw and Impmseme t District No.608 C Douglas County,Nebraska,rives the Kahl to i wave bmnagdes and to ivied all or any bids. • N1@F'S AND IMllhEMEM OISIPIR 54 609 OF DOUGLAS COUNTY,NEBRASKA i B/: dew Snyder,Oak of The District 12/I6,12/23,12/32 • 4({� I FULLENKAMP JOBEUN i 111E DAILYL RECORD 1440 WEST &REELER ROAD OF O1�Jt AHA OMAHA,A0 NEBR SKA 144 NEBRASKA 66144 NOTICE OF MEETING JASON W.HUFF,Publisher SANITARY AND IMPROVEMENT PROOF OF PUBLICATION DISTRICT NO:608 OF DOUGLAS COUNTY NEBRASKA UNITED STATES OF AMERICA, NOTICE IS HEREBY GIVEN that a meet- The State of Nebraska, SS.ing of the Board of Trustees of Sanitary and District of Nebraska, Improvement District No. 608 of- Douglas County will be held 9.00 a.m. on February County of Douglas, 2,2021, which-meeting will be open to the public via telephonic means by calling(1-866- City of Omaha, 906-7447, Access Code 4253193) or in person attendance at 20010'MandersonCircle, ELIZABETH WHITE Elkhorn,Nebraska,pursuant to Executive Order No. 21-02 Coronavirus— Continued Limited Waiver of Public Meetings Requirement,issued being duly sworn,deposes and says that she is by Governor Pete Ricketts on January 11,2021, which meeting shall otherwise be held in actor- LEGAL EDITOR dance with the Nebraska Open Meetings Act. An agenda for such-meeting,kept continuous- of THE DAILY RECORD, of Omaha, a legal newspaper,printed and ly current is availablefor public inspection by request and via electronic mail by contacting published daily in the English language, having a bona fide paid the office of the District's counsel at(402)334- circulation in Douglas County in excess of 300 copies, printed in 0700,the same inss of e the payment of bills Omaha,in said Countyof Douglas,other business of the District. for more than fifty-two weeks last Drew Snyder,Clerk of The District past,that the printed notice hereto attached was published in THE 1/26 DAILY RECORD of OmahtL on January 26,2021 i i That said Newspaper during that - e wa gdrhin%emeral simulation in tho clan as (GENERAL NOTARY-State of Nebraska li ELLEN FREEMAN 4%=roe My Comm.Exp.Decanter 11my Publisher's Fee $26.90 me 26t1'1 day of Additional Copies $ J 20 1— Total $26.90 o Public in and for Douglas County, State of Nebraska c - a ♦ ' • • - / - • 3' 4oL 14 . AGENDA -PctiOlv\ F. Sanitary and Improvement District No.608 of Douglas County,Nebraska(North Streams);Meeting to be held February 2, 2021 at 9:00 a.m. at 20010 Manderson Street, Elkhorn, Nebraska. 0 'resent Nebraska O.en Meetings Act*; Trustee roll call: • .ai�7�t_s , a. • •, —Ma !1 • ars. _..r. man..41pSta f 4Ccott are%) QPresent Notice to Contractors,bid tab and recommendation of award in connection with the North Streams—Storm Sewer&Paving Section I project of the District; award contract to lowest qualified bidder, L.G. Roloff Construction Co., in the amount$5,822,922.98; Chair and Clerk to sign corresponding contracts on behalf of the District {how are we handling based on the $722,922.98 overage in re: the engineers estimate?}. ptr d P014 Ct ' Present Resolution of Necessity for the District to enter into a Purchase and Sale Agreement Ito acquire certain real, mixed and personal property within the District from Trail Creek Grading&Maintenance,LLC,said improvements being known as Site Work—Basin Outlet ( Construction(Storm Sewer& Paving); order hearing to be held and required publications. a), Present Resolution of Necessity for the District to acquire certain rights-of-way from adjacent property owner,Pierson Enterprises,LLC, in order for the District to construct the improvements to be known as the access to US Highway 6, or the J Street Improvements; order hearing to be held and required publications. . resent statements, vote on and approve payment from the General Fund Account of the istrict for the following: Trail Creek Grading & Maintenance, LLC for erosion control and SWP- $1,200.00 JPP maintenance(No. 10217). (fib. Kuehl Capital Corporation for advisory fees on the General Fund War- $ 30.00 rants issued at this meeting (2.5%). First National Capital Markets for warrant processing fee on General $ 30.75 Fund Warrants issued at this meeting (2.5%). V 6. ' � istrict resent statements,vote on and approve payment from the Construction Fund Account of the • for the following: lbThiele Geotech, Inc. for compaction testing of backfill in connection $2,653.00 with the Sanitary Sewer. b. Kuehl Capital Corporation for advisory fees on the Construction Fund $ 66.33 Warrants issued at this meeting (2.5%). First National Capital Markets for warrant underwriting fee on Con- $ 67.98 struction Fund Warrants issued at this meeting (2.5%). 7. Any and all business before the Board as deemed necessary; meeting adjourned. *meeting to be held and attendance required pursuant to NE Exec. Order No. 21-02. I