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2021-02-22 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 F 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 officia�tgna res this 22"d day of February,2021. Henry Luo,Chairman 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 FEBRUARY 22,2021 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 February 22, 2021 via teleconference and pursuant to the conditions set forth in Nebraska Executive Order No. 21-02 enacted by Governor Ricketts on January 11, 2021 and effective through April 30, 2021. At the meeting, Trustees Mitch He, Henry Luo and Aaron Huang were present via teleconference and pursuant to the above-referenced executive order. Physically present at the meeting was Larry A. Jobeun of Fullenkamp Jobeun Johnson & Beller, LLP, attorneys on behalf of the District. Joe Foley of FoleyShald Engineering, LLC, consulting engineers for the District and Adam Flanagan of Kuehl Capital Corporation, municipal advisors on behalf of the District, both attended the hearing telephonically. Trustees Sarah Luo and Ning Yang were absent. The Chairman then noted that a current copy of the Nebraska Open Meetings Act was available for review by request and via electronic mail, for all in attendance as part of these proceedings, in accordance with State Law. Notice of the meeting was given in advance thereof by publication in The Daily Record on February 18, 2021, 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 Board first discussed the proposed sale of Phase I and the annexation of Phase II within the boundaries of the District. Next, the Board was presented with the Short Form of Agreement Between Owner and Engineer for Professional Services to be entered into by and between the District and FoleyShald Engineering, LLC, for and in consideration of FoleyShald's administrative of construction tech service and related on behalf of the District. Then, upon a motion duly made, seconded, and upon a roll call vote of three (3) "ayes" and zero (0) "nays", the Trustees present approved the above agreement, in form, and further authorize the Chairman to execute the same on behalf of the District. The Clerk was then directed to attach a copy of the agreement to these minutes. The Chairman next presented the following invoices and statements to be paid out of the General Fund Account of the District: a. Lutz & Company, P.C. for accounting services relating to the comp- $3,030.00 letion of the audited financials (No. 275435). b. Royal Lawns, Inc. for removal of snow on sidewalks in rights-of-way $ 750.00 and related services (#6977-5). c. Core Bank Trust for administrative fees and costs incurred due to ter- $ 373.85 mination(No. 53085). d. Kuehl Capital Corporation for advisory fees on the General Fund Wa- $ 124.62 rrants issued at this meeting (3.0%). e. Piper Sandler & Co. for warrant processing fee on General Fund War- $ 85.57 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: f. FoleyShald, LLC Engineering for engineering and design services in $8,233.70 connection with various construction projects of the District (#1159). g. Thiele Geotech, Inc. for materials testing in connection with the comp- $7,399.50 leted portion of the paving improvements in Phase I (No. 71203). h. Core Bank Trust for administrative fees and costs incurred due to ter- $ 373.85 mination (No. 53084). i. Douglas County Engineer for installation of street ID and traffic con- $2,358.00 trol signage within the District(1/26/21 invoice). j. TAB Holding Company, LLC for completion of a portion of the Pay- $35,196.00 ing—Phase I improvements and in accordance with Pay Est. No. 5. k. Fullenkamp Jobeun Johnson & Beller, LLP for legal services render- $1,877.70 ed in connection with the items i. and j. hereinabove (5%). 1. Kuehl Capital Corporation for advisory fees on the Construction Fund $1,663.46 Warrants issued at this meeting (3.0%). m. Piper Sandler& Co. for warrant processing fee on Construction Fund $1,142.24 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. 485 through 500, 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 7% per annum, Warrants No. 485 through 489 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 22, 2024 (the "General Fund Warrants"), and Warrants No. 490 through 500 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 22, 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. 485 for $3,030.00 made payable to Lutz & Company, P.C. for accounting services relating to completion of the audited financials. b) Warrant No. 486 for $750.00 made payable to Royal Lawns, Inc. for removal of snow along sidewalks and rights-of-way, as directed. c) Warrant No. 487 for $373.85 made payable to Core Bank Trust for administrative services and costs incurred due to termination in connection with General Fund Warrants. d) Warrant No. 488 for $124.62 made payable to Kuehl Capital Corporation for municipal advisory services on General Fund Warrants issued at this meeting. e) Warrant No. 489 for $85.57 made payable to Piper Sandler & Co. for underwriting services rendered in connection with General Fund Warrants issued at this meeting. 0 Warrant No. 490 for $8,233.70 made payable to FoleyShald Engineering, LLC for engineering and design services on various infrastructure projects of the District. CF g) Warrant No. 491 for $7,399.50 made payable to Thiele Geotech, Inc. for materials testing and compaction testing of completed paving improvements in Phase 1. CF h) Warrant No. 492 for $373.85 made payable to Core Bank Trust for administrative services and costs incurred due to termination in connection with Construction Fund Warrants. CF i) Warrant No. 493 for $2,358.00 made payable to the Douglas County Engineer for installation of street ID and traffic control signage in connection with Paving—Section I. CF j) Warrants No. 494 through 496 for $10,000.00 each and Warrant No. 497 for $5,196.00, all made payable to TAB Holding Company, LLC for completion of a portion of the Paving—Phase I improvements. CF k) Warrant No. 498 for $1,877.70 made payable to Fullenkamp Jobeun Johnson & Beller, LLP for legal services rendered in connection with items i) and j) hereinabove. CF I) Warrant No. 499 for $1,663.46 made payable to Kuehl Capital Corporation for municipal advisory services on Construction Fund Warrants issued at this meeting. CF m) Warrant No. 500 for $1,142.24 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 F 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 F 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. MINUTES SIGNATURE PAGE FROM THE MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 602 OF DOUGLAS COUNTY, NEBRASKA, HELD ON FEBRUARY 22, 2021 There being n o further business to come before the meeting, the meeting was adjourned. Henry Luo, Chairman ,V477'1,7y Mitch He, Clerk 1 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 February 22, 2021 via teleconference and at 11440 W. Center Road, Omaha,Nebraska, and pursuant to the conditions set forth in Nebraska Executive Order No. 21-02, is kept continuously current and available for public inspection by request by calling the office of the District's counsel at (402) 334-0700. DATED this 2-2iday of February, 2021. 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 February 22, 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 to the instructions contained in the notice of meeting given in advance thereof by publication in The Daily Record on February 17, 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 within thirty(30)days from the date of this meeting. Mitch He, Clerk it SHORT FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date")between Sanitary and Improvement District No. 602 of Douglas County,Nebraska("Owner")and FoleyShald Engineering("Engineer"). Owner's Project,of which Engineer's services under this Agreement are a part, is generally identified as follows: SID 602 Lake Cunningham Village—96th Street Design and CA. Lake Cunningham Village is a 65-acre site with approximately 250 lots. Phase I will consist of 168 lots on generally the south 2/3 of the property. The property is located southeast of 96th and State Streets in Omaha,NE,as shown on Exhibit 1. Engineer's services under this Agreement are generally identified as follows: 96th Street,north of Irvington Road, fronting the Phase I portion of Lake Cunningham Village,is to be improved to a pennanent,PC Concrete three lane section. It is our understanding that the goal will be to bid the project in the Fall/Winter of 2021,with anticipated construction start in the Summer of 2022. Our anticipated services include the following: Task 1: Design Services • Project Initiation • Additional Survey and Utility Locations • 30% Plan Development • Public Informational Meeting • 60%Plan Development • 90%Plan Development - • Final Bid Documents • Bid Assistance Task 2: Construction Phase Services Construction Administration and Observation • Review Contractor's Submittals: Review Contractor submittals for equipment, materials, and construction. All requests for variations from the contract documents will be reviewed with the Client before issuing an approval to the Contractor. • Pay Requests: Review and process the Contractor's payment requests, and forward to the Client for payment. • Project Modifications: Coordinate the preparation of any changes through the issuance of field orders, work change directives, or change orders that are agreed upon. • Document Interpretation and Clarification: Provide interpretation and clarification of contract documents for the Client and General Contractor. • Site Visits: Conduct visits to the construction site to observe progress of the work and to consult with the Client and Contractor on items relating to the project. EICDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 • Substantial Completion: Upon receipt of written notification from the Contractor of substantial completion, schedule a walk through to identify items to be completed or corrected prior to accepting substantial completion. • Final Completion Walk Through: In the company of the County/City, Client and Contractor, conduct a fmal completion walk through to identify items requiring completion or correction prior to final payment. • Project Closeout: Coordinate appropriate information relating to final closeout of the project including a fmal set of record drawings for distribution as well as securing necessary documentation allowing for processing of final payment. • FoleyShald Engineering, LLC shall furnish a Resident Project Representative (RPR), assistants and other field staff to assist the Engineer in observing performance of the work of Contractor during the construction period. • Schedules:Review the progress schedule,schedule of Shop Drawing submittals,and schedule of values prepared by Contractor and consult with the Engineer concerning acceptability. • Conferences and Meetings: Attend meetings, such as preconstruction conferences,progress meetings, job conferences, and other project-related meetings; prepare and circulate copies of minutes thereof. • Review of Work,Rejection of Defective Work, Observations and Tests: Conduct on-site observations of the work in progress to assist the Engineer in determining if the work is, in general,proceeding in accordance with the Contract Documents. • Keep a diary or log book, recording Contractor hours on the job site, weather conditions, data relative to questions of Work Directive Changes,Change Orders or changed conditions,list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures. Construction Staking • Establish Control: Maintain,verify and establish horizontal and vertical control points as needed. • Storm Sewer: Stake the storm lines on an offset at 50 feet intervals. Stake the rim and invert elevations for manholes and inlets on an offset. • Paving: Stake the top back of curb or edge of pavement on an offset at 50 foot intervals on tangent lines,points of curvature,points of reverse curve, points of compound curve,points of tangent with a minimum of 3 points on each curve,at 25 foot intervals on horizontal and vertical curves,and curb cuts on an offset line. • Water, Power, & Gas: Stake the property corners one time for utility companies, and provide stake locations for facilities such as switch gear,power nodes,fire hydrants, and street lights. • Sidewalk: Stake the sidewalk only where it does not fall along the back of curb or along a building along the main through streets at a minimum of 50 feet, at points on intersection on an offset to one side. • As-Built Plans: Provide for measurement and quantity determination as necessary to denote actual location and elevation of improvements required by City of Omaha and Douglas County. Construction Testing • Construction testing will be coordinated with testing labs and firms that are contracted directly with Client. EICDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 2 Assumptions: The following assumptions were made in preparing this proposal: • Douglas County will be responsible for the bid letting process. • All easements and right of way acquisitions needed outside the boundary of the SID shall be completed by Douglas County. • Services such as traffic studies, landscape design and are not anticipated. If those service become necessary, an amendment to this proposal can be submitted. • Additional Geotechnical Investigation may be required depending upon the initial concept plan. If additional investigations are needed,FoleyShald will coordinate with the Clients Geotechnical Engineer. Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A. Engineer shall provide or furnish the Services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project,Engineer shall furnish services in addition to those set forth above ("Additional Services"). B. Engineer shall complete its Services within the following specific time period: We anticipate having bid documents prepared by September 1,2021. C. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's Services is impaired, or Engineer's Services are delayed or suspended,then the time for completion of Engineer's Services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. 2.01 Payment Procedures A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis.Invoices are due and payable within 30 days of receipt.If Owner fails to make any payment due Engineer for Services, Additional Services, and expenses within 30 days after receipt of Engineer's invoice, then (1) the amounts due Engineer will be increased at the rate of 1.0% per month(or the maximum rate of interest permitted by law, if less)from said thirtieth day, and(2) in addition Engineer may,after giving seven days written notice to Owner,suspend Services under this Agreement until Engineer has been paid in full all amounts due for Services,Additional Services,expenses,and other related charges.Owner waives any and all claims against Engineer for any such suspension. B. Payment: As compensation for Engineer providing or furnishing Services and Additional Services, Owner shall pay Engineer as set forth in Paragraphs 2.01,2.02 (Services), and 2.03 (Additional Services). If Owner disputes an invoice,either as to amount or entitlement,then Owner shall promptly advise Engineer in writing of the specific basis for doing so,may withhold only that portion so disputed, and must pay the undisputed portion. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 3 2.02 Basis of Payment—Lump Sum A. Owner shall pay Engineer for Services as follows: 1. A Lump Sum amount of$204,900 as outlined below: Task 1: Design Services $91,600 Task 2: Construction Phase Services $113,300 Total $204,900 In addition to the Lump Sum amount,reimbursement for the following expenses travel/copies/postage/RPR vehicle/equipment will be at actual cost,estimated at$1500. B. The portion of the compensation amount billed monthly for Engineer's Services will be based upon Engineer's estimate of the percentage of the total Services actually completed during the billing period. Invoices may be prepared based on the individual tasks depending upon how the projects progress. 2.03 Additional Services: For Additional Services,Owner shall pay Engineer an amount equal to the cumulative hours charged in providing the Additional Services by each class of Engineer's employees, times standard hourly rates for each applicable billing class; plus reimbursement of expenses incurred in connection with providing the Additional Services and Engineer's consultants' charges, if any. Engineer's standard hourly rates are attached as Appendix 1. 3.01 Termination A. The obligation to continue performance under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement's terms through no fault of the terminating party.Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's Services are delayed for more than 90 days for reasons beyond Engineer's control, or as the result of the presence at the Site of undisclosed Constituents of Concern,as set forth in Paragraph 5.01.I. c. Engineer shall have no liability to Owner on account of a termination for cause by Engineer. d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins,within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 4 diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to,but in no case more than,60 days after the date of receipt of the notice. 2. For convenience,by Owner effective upon Engineer's receipt of written notice from Owner. B. In the event of any termination under Paragraph 3.01,Engineer will be entitled to invoice Owner and to receive full payment for all Services and Additional Services performed or furnished in accordance with this Agreement,plus reimbursement of expenses incurred through the effective date of termination in connection with providing the Services and Additional Services, and Engineer's consultants' charges,if any. 4.01 Successors,Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors,executors,administrators,and legal representatives of Owner and Engineer(and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign,sublet,or transfer any rights under or interest(including,but without limitation,money that is due or may become due)in this Agreement without the written consent of the other party,except to the extent that any assignment,subletting,or transfer is mandated by law.Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise,nothing in this Agreement shall be construed to create,impose,or give rise to any duty owed by Owner or Engineer to any Constructor,other third-party individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality.Engineer makes no warranties,express or implied, under this Agreement or otherwise, in connection with any services performed or furnished by Engineer. Subject to the foregoing standard of care,Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others,including,but not limited to,specialty contractors,manufacturers,suppliers,and the publishers of technical standards. B. Engineer shall not at any time supervise,direct, control, or have authority over any Constructor's work,nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any Constructor, or the safety precautions and programs incident thereto, for security or safety at the Project site,nor for any failure of a Constructor to comply with laws and regulations applicable to such Constructor's furnishing and performing of its work. Engineer shall not be responsible for the acts or omissions of any Constructor. C. Engineer neither guarantees the performance of any Constructor nor assumes responsibility for any Constructor's failure to furnish and perform its work. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 5 D. Engineer's opinions (if any) of probable construction cost are to be made on the basis of Engineer's experience,qualifications,and general familiarity with the construction industry.However,because Engineer has no control over the cost of labor,materials,equipment,or services furnished by others,or over contractors' methods of determining prices, or over competitive bidding or market conditions,Engineer cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by Engineer.If Owner requires greater assurance as to probable construction cost, then Owner agrees to obtain an independent cost estimate. E. Engineer shall not be responsible for any decision made regarding the construction contract requirements,or any application,interpretation,clarification,or modification of the construction contract documents other than those made by Engineer or its consultants. F. All documents prepared or furnished by Engineer are instruments of service, and Engineer retains an ownership and property interest(including the copyright and the right of reuse)in such documents, whether or not the Project is completed. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment due and owing for all Services and Additional Services relating to preparation of the documents and subject to the following limitations: 1. Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer,or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; 2. any such use or reuse,or any modification of the documents,without written verification, completion,or adaptation by Engineer,as appropriate for the specific purpose intended,will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; 3. Owner shall indemnify and hold harmless Engineer and its officers, directors,members,partners,agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion,or adaptation by Engineer; and 4. such limited license to Owner shall not create any rights in third parties. G. Owner and Engineer may transmit, and shall accept, Project-related correspondence, documents, text, data, drawings, information, and graphics, in electronic media or digital format, either directly, or through access to a secure Project website,in accordance with a mutually agreeable protocol. H. To the fullest extent permitted by law, Owner and Engineer (1)waive against each other, and the other's employees, officers,directors,members,agents, insurers,partners,and consultants,any and all claims for or entitlement to special, incidental, indirect,or consequential damages arising out of,resulting from, or in any way related to this Agreement or the Project, and(2)agree that Engineer's total liability to Owner under this Agreement shall be limited to$100,000 or the total amount of compensation received by Engineer,whichever is greater. I. The parties acknowledge that Engineer's Services do not include any services related to unknown or undisclosed Constituents of Concern. If Engineer or any other party encounters, uncovers, or reveals an unknown or undisclosed Constituent of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of Services on the portion of the Project affected EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 6 thereby until such portion of the Project is no longer affected, or terminate this Agreement for cause if it is not practical to continue providing Services. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute.If negotiations are unsuccessful in resolving the dispute,then the dispute shall be mediated. If mediation is unsuccessful,then the parties may exercise their rights at law. K. This Agreement is to be governed by the law of the state in which the Project is located. L. Engineer's Services and Additional Services do not include: (1)serving as a"municipal advisor"for purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) or the municipal advisor registration rules issued by the Securities and Exchange Commission; (2) advising Owner, or any municipal entity or other person or entity, regarding municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing,terms,or other similar matters concerning such products or issuances;(3)providing surety bonding or insurance-related advice,recommendations,counseling,or research,or enforcement of construction insurance or surety bonding requirements;or(4)providing legal advice or representation. 6.01 Total Agreement A. This Agreement(including any expressly incorporated attachments),constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended,supplemented,modified,or canceled by a duly executed written instrument. Definitions B. Constructor—Any person or entity (not including the Engineer, its employees, agents, representatives, and consultants),performing or supporting construction activities relating to the Project,including but not limited to contractors, subcontractors, suppliers, Owner's work forces, utility companies, construction managers, testing firms,shippers,and truckers,and the employees,agents,and representatives of any or all of them. C. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act,33 U.S.C. §§1251 et seq.;(f)the Clean Air Act,42 U.S.C. §§7401 et seq.;or(g)any other federal, State, or local statute, law, rule,regulation, ordinance, resolution, code, order, or decree regulating,relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance,or material. Attachments: Appendix 1,Engineer's Standard Hourly Rates Exhibit 1, Site Location Map EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright 1D2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement,the Effective Date of which is indicated on page 1. Owner: Sanitary and Improvement District No. 602 Engineer: FoleyShald Engineering,LLC of Douglas County,Nebraska '04,4 /` By: By: Print name: Print name: Joseph D.Foley,PE Title: Title: Senior Project Manager Date Signed: Date Signed: February 12,2021 1 Engineer License or Firm's Certificate No. (if required): CA4197 State of: Nebraska Address for Owner's receipt of notices: Address for Engineer's receipt of notices: FoleyShald Engineering,LLC 3803 N 153`d Street, Suite 203 Omaha,NE 68116 li EJCDC°E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 8 This is Appendix 1, Engineer's Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated February 12, 2021. Engineer's Standard Hourly Rates A. Standard Hourly Rates: 1. Standard Hourly Rates are set forth in this Appendix 1 and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs,and operating margin or profit. 2. The Standard Hourly Rates apply only as specified in Paragraphs 2.01,2.02,and 2.03,and are subject to annual review and adjustment. B. Schedule of Hourly Rates: Billing Class Rate Senior Project $ 195/hour Manager Project Manager II $ 165/hour Project Manager I $ 135/hour Project Engineer II $ 120/hour Project Engineer I $ 100/hour Project Designer II $90/hour Project Designer I $ 75/hour Technician II $80/hour Technician I $ 65/hour CA/RPR $ 90/hour Accounting/Admin $ 85/hour Appendix 1,Standard Hourly Rates Schedule. EJCDC®E-520,Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright©2015 National Society of Professional Engineers,American Council of Engineering Companies, and American Society of Civil Engineers.All rights reserved. Page 1 3803 N 153RD STREET,SUITE 203 OMAHA,NE 68116 Fole Shald T 402.804.3993 ngep 6NGINE6RING February 16,2021 Project: SID 602—Lake Cunningham Village—Paving Phase I Pay Estimate No. 5 Owner: Sanitary and Improvement District No. 602 of Douglas County,Nebraska do Fullenkamp,Jobeun,Johnson&Beller 11440 West Center Road, Suite C Omaha,NE 68144-4482 Contractor: TAB Holding Company,Inc. 4153 South 67'Street Omaha,Nebraska 68117 Total Current Contract Amount: $875,560.00 Total Amount Paid on Previous Estimates: $810,074.40 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$35,196.75. APPROXIMATE UNIT QUANTITY ITEM ➢ESCRIPTION QUANTITY UNIT PRICE IN PLACE TOTAL 1 INSTALL SILT FENCE 3,000 LF $ 2.00 $ - 2 CLEANOUT SILT FENCE 3,000 LF $ 0.30 6,036 $ 2,711.70 3 REMOVE SILT FENCE 3,000 LF $ 0.30 4 DELETED PER CHANGE ORDER NO.1 0 $ - $ - 5 INSTALL CURB INLET PROTECTION 20 EA $ 150.00 20 $ 3,000 6 COMMON EARTH EXCAVATION 5,453 EA $ 10.25 5,884 $ 60,311.00 7 SAW CUT-FULL DEPTH 207 EA $ 5.10 $ - 8 7"CONCRETE PAVEMENT-TYPE L65 16,360 LF $ 38.20 16,290 $ 622,278.00 9 CONSTRUCT CONCRETE HEADEDR 50 LF $ 13.55 $ - 10 CONSTRUCT THICKENED EDGE 257 LF $ 8.75 114 $ 997.50 11 CONSTRUCT CONCRETE TURN AROUND 100 SY $ 60.70 100 $ 6,070.00 12 CONSTRUCT MEDIAN SURFACING 390 SY $ 9.50 452 $ 4,294.00 13 CONSTRUCT CONCRETE CURB RAMP 18 LS $ 996.10 12 $ 11,953.20 1 I 14 CONSTRUCT SEGMENTAL BLOCK 450 LF $ 58.00 774 $ 44,892.00 RETAINING WALL 15 CONSTRUCT WALL FINISH GRADING t LF $ 1,000.00 1 $ 1,000.00 16 DELETED PER CHANGE ORDER NO. ] 0 $ - 0 $ - 17 CONSTRUCT CURB INLET-TYPE I 14 LF $ 3,367.20 9 $ 30,304.80 18 CONSTRUCT CURB INLET-TYPE II 5 LF S 3,444.10 4 $ 13,776.40 19 CONSTRUCT CURB INLET-TYPE III 1 TN $ 3,266.80 7 $ 22,867.60 20 ADJUST MANHOLE TO GRADE(29 SAN,6 35 LF $ 237.80 24 $ 5,707.20 ST 21 EXTERNAL FRAME SEAL(29 SAN,6 STM) 35 LF $ 357.60 24 $ 8,582.40 22 SEEDING-TYPE"TEMPORARY SEED MIX" 6 LF $ 300.00 29.7 $ 8,910.00 23 STRAW MULCH 6 LF $ 400.00 23.4 $ 9,360.00 24 JET EXISTING SANITARY SEWER 6,260 LF $ 1.10 6,260 $ 6,886.00 25 INSTALL STRAW WATTLES 1,000 EA $ 2.20 1,632 $ 3,590.40 26 CONSTRUCT PAVEMENT STRIPING 300 EA $ 3.00 114 $ 342.00 27 CONSTRUCT PAVEMENT MARKING 8 EA $ 123.00 8 $ 984.00 28 REGULATORY SIGNS 2 EA $ 165.00 $ 29 SIGN POSTS 2 EA $ 110.00 $ - 30 CONSTRUCT END OF ROAD BARRICADE 2 EA $ 630.00 2 $ 1,260.00 PER CHANGE ORDER NO.I 31 PAVEMENT SUBGRADE STABII,IZATION 789 SY $ 23.40 789 $ 18,462.60 32 MANHOLE RING COLLAR CONSTRUCTION 2 EA $ 609.15 2 S 1,218.30 WORK COMPLETED THIS ESTIMATE $ 889,759.10 OWNER'S RETAINAGE(5%) $ 44,487.96 AMOUNT PREVIOUSLY PAID $ 810,074.40 AMOUNT DUE THIS ESTIMATE $ 35,196.75 I Please feel free to give me a call with any questions. Sincerely, ii Joseph D.Foley,PE Senior Project Manager I c: Chris Wilsey,TAB Construction Henry Luo,Al Development 2 Lu tz MIND WHAT MATTERS Sanitary Imp. District#602 Lake Cunningham Village 11440 W Center Road #C Omaha, NE 68144 Invoice No. 275435 Date 12/31/2020 Client No. 17683.1700 Sanitary Imp. District#602 Lake Cunningham Village i Please include Client No. with payment Pay Online at www.lutz.us/pay For Professional Services Rendered: Final bill for completion of audited financial statements for the year ended June 30, 2020 6,280.00 Progress Applied $ (3.250.00) Current Amount Due ACCOUNTING = FINANCIAL = TECH " M&A o TALENT 13616 CALIFORNIA STREET, SUITE 300, OMAHA, NE 68154-5336 1402.496.8800 I INFO@LUTZ.US I WWW.LUTZ.US FOLEYSHALD ENGINEERING, LLC 3803 N 153RD STREET, SUITE 203 OMAHA, NE 68116 Fole Shp T 402.804.3993 H,„o, ,E„,„a February 17, 2021 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 Subdivision Sanitary and Improvement District No. 602, Douglas County Lake Cunningham Village- Power FSE#: 005.002 Dear Members of the Board: Enclosed is Invoice #6977-5 from Royal Lawns Inc. for performing snow clearing in the development to clear access for staking the OPPD power route. We recommend payment directly to Royal Lawns Inc. in the amount of$750.00. Please feel free to contact us with any questions. Sinccere�ly., in 4 v 1 Joseph D. Foley, PE Senior Project Manager Cc: Royal Lawns Inc. Royal Lawns Inc. Invoice 2101 N. River Road I' Waterloo,NE. 68069 Date Invoice# 2/17/2021 6977-5 Bill To S.I.D 602 Lake Cunningham Village C/O Foleyshald 3803 N 153rd St.Suite 2031 Omaha,NE.68116 P.O. No., Terms :: Project Due on receipt Description Serviced Rate Amount Snow Removal Hourly 3 hr 2/13/2021 375.00 375.00 Salt for Streets per ton 2.5 ton 2/13/2021 375.00 375.00 Subtotal $750.00 Phone# E-mail Sales Tax (7.0%) $0.00 Total $750.00 (402)312-8912 ryan@royallawns.omhcoxmail.com Payments/Credits $o.00 Balance Due $750.00 CORE BANK Core Bank Private Client Group. 17807 Burke Street Invoice PRIVATE CLIENT GROUP Omaha, NE 68118 POUGLAS 602 GENERAL Invoice No: 53085 FULLENKAMP,JOBEUN,JOHNSON&BELLER LLP Invoice Date: 01/01/2021 ATTN: LARRY JOBEUN 11440 W CENTER ROAD-SUITE C OMAHA NE 68144-4482 - — -- ------ CATEGORY QUANTITY RATE AMOUNT BALANCE CARRIED FORWARD: $0.00 PREVIOUS AMOUNT BILLED: $525.00 . AMOUNT RECEIVED: $525.00 PRORATED BASE FEE ADMIN FEE 7/12 ANNUAL 6/01/20 - 01/01/21 $291.67 POSTAGE $25.00 SID TERMINATION FEE COSTS INCURRED DUE TO TERMINATION $57.18 TOTAL DUE $373.85 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT DUE DUE DUE PAST DUE AMOUNT DUE 373.85 0.00 0.00 0.00 0.00 373.85 PLEASE DETACH AND RETURN WITH PAYMENT DOUGLAS 602 GENERAL Invoice#: 53085 FULLENKAMP, JOBEUN, JOHNSON&BELLER LLP Invoice Date: 01/01/2021 ATTN: LARRY JOBEUN 11440 W CENTER ROAD-SUITE C Bill Code: DOUG602GEN OMAHA NE 68144-4482 • Total Due: 373.85 Core Bank Private Client Group Remit to: 17807 Burke Street Amount Enclosed: Omaha,NE 68118 1111111 IIIII IIIII IIIII IIIII IIII IIII FoleyShald Engineering, LLC v�v 3803 N. 153rd St. Suite 203 let' Omaha, NE 68116 �' (402) 804-3993 i V• WE FoleyShald ENGINEERING BILL TO SID 602 of Douglas County, Nebraska Lake Cunningham Village INVOICE 1159 c/o Fullenkamp,Jobeun,Johnson&Bellar DATE 2/2/2021 11440 West Center Road,Suite C DUE DATE 3/10/2021 Omaha, NE 68144-4482 PROJECT PROJECT NUMBER BILLING PERIOD Phase 1 Construction Admin. 005.003 Through 1/23/2021 CONTRACT PRIOR BILLINGS THIS INVOICE TASK AMOUNT %BILLED $BILLED %BILLED $BILLED 201-Sanitary Sewer CA $ 87,600.00 98% $85,848 0% $0 202-Storm Sewer CA $ 55,500.00 95% $52,725 0% $0 203-Paving CA $ 111,800.00 90% $100,620 3% $3,354 204-Water CA $ 19,800.00 80% $15,840 20% $3,960 205-Power CA $ 15,900.00 15% $2,385 5% $795 207-Trail/Sidewalk CA $ 2,400.00 0% $0 0% $0 EXPENSES DETAILS AMOUNT Mileage 215 miles at.58 per mile $124.70 Balance Due $8,233.70 Thank you for your business! Joe Foley ifoley@foleyshald.com Brett Shald Bshald@foleyshald.com FOLEYSHALD ENGINEERING, LLC 3803 N 153RD STREET, SUITE 203 OMAHA, NE 68116 Fole Shald T 402.804.3993 October 5, 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 Paving Phase I FSE #:015.001 it Dear Members of the Board: Enclosed is Invoice #71203 from Thiele Geotech for materials testing services on the above referenced project. We recommend payment directly to Thiele Geotech Inc in the amount of$7,399.50. 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 88138-3716 402/556-2171 Fax402/556-7831 We accept major Credit Cards Thiele Geotech Inc INVOICE Project No: 01.19193.04 Invoice#:71203 PM: Kimball,Cody Date:09/25/2020 Dept: Materials. Page:1 of 3 Bill to: Project: SID 602 do FoleyShald Engineering,LLC Lake Cunningham Village Subdivision-Paving Lake Cunningham Village. Paving 3803 North 153rd Street North 96th Street&State Street Omaha, NE 68122 i Suite 203 1 Omaha, NE. 68116 USA i Date, Quant Code Description Sample Rate Amount 08/26/2020 4.00 C-1 Compressive Strength of Cylinder C-3096 $19.00 $76.00. (ea.) 1.00 F-3 Concrete.Test(slump/air/temp/4-4"x8" C-3096 S87.00 $87,00 or 3-6''x12"oyl) 1.00 T-1 Trip Charge-Zone 1(/trip) C-3096 $65.00 $65.00 3.00 F-1 Compaction Test(ea.) S-2235 $40.00 $120.00 2.00 T-1 Trip Charge-Zone 1(/trip) S-2235 $65.00 $130.00 08/27/2020 3.00 F-1 Compaction Test(ea.) S-2264 $40.00 $120.00 1.00 T-1 Trip Charge-Zone 1 ((trip) S-2264 $85.00 $65,00 1.00 T-1 Trip Charge-Zone 1 (/trip) X-116599 $65.00 $65,00 Cylinder pickup 08/28/2020 4.00 C-1 Compressive Strength of Cylinder C-3143 $19.00 $76.00 (ea.) 1.00 F-3 Concrete.Test(slump/air/temp/4-4"x8" C-3143 $87.00 $87.00 or 3-65(12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3143 $65,00 $65.00 4.00 C-1 Compressive Strength of Cylinder C-3144 $19.00 $76.00 (ea.) I 1.00 F-3 Concrete Test(slump/air/temp/4-4'k8" C-3144 $87.00 $87.00 or 3-6"x12"cyl) 0.50 P-30 Engineering Technician-:Hold Time. C-3144 $79.00 $39.50 7,00 F-1 Compaction Test(ea:) S-2275 $40.00 $280.00 1.00 T-1 TripCharge-'Zone 7 (/trip) S-2275 $85,00 $65.00 08/29/2020 1,00 T-1 Trip Charge-Zone 1 (/trip) X-116798 $65.00 $65.00 Cylinder pickup 08/31/2020 4.00 C-1 Compressive Strength of Cylinder C-3166 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3166 $87.00 $67.00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3168 $65.00 $65.00 4.00 C-1 Compressive Strength of Cylinder C-3167 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4 x8" C-3167 $87.00 $87,00 or 3-6"x12' cyl) 0,25 P-30 Engineering Technician-Hold Time C-3167 $79.00 $19.75 4.00 C-1. Compressive Strength of Cylinder C-3168 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8 C-3168 $87.00 $87.00 or3.6"x12"cyl) 4.00 C-I Compressive Strength of Cylinder C-3169 $19.00 $76,00 (ea,) TERMS: DUE UPON RECEIPT PAST DUE BALANCES SUBJECT TO 1.25%SERVICE CHARGE PER MONTH 13478 Chandler Road Omaha,Nebraska 68138-3716 l 402/556-2171.Fax 402/556-7831 We accept major Credit Cards Thiele Geotech Inc INVOICE Project No:01.19193.04 Invoice#:71203 PM:Kimball,Cody Date:09/25/2020 Dept: Materials Page;2 of 3 Date Quant. Code Description Sample Rate Amount 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3169 $87.00 $87.00 or 3-6"x12"cyl) 1,00 P-30 Engineering Technician-Hold Time C-3169 $79.00 $79.00 09/01/2020 4.00. C-1 Compressive Strengthof Cylinder C-3187 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3187 $87.00 $87.00 or3-8"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3187 $65.00 $65.00 1.00 T-1 Trip Charge-Zone 1(/trip) X-116848 $65.00 $65.00 Cylinder pickup 09/02/2020 4.00 C-1 Compressive Strength of Cylinder C-3215 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3215 $87.00 $87.00 or 3-6"x12"cyl) 2.00 F-9 Additional Air Content Test(ea.) C-3215 $27.00 $54.00 1.00 T-1 Trip Charge-Zone 1 ((trip) C-3215 $65.00 $65.00 09/03/2020 4.00 C-1 Compressive Strength of Cylinder C-3223 $19.00 $78.00 (ea,) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3223 $87.00 $87,00 or 3.6"x12":cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3223 $65.00 $65.00 1.50 P-3 Protect Engineer(Inc) 0-2280 $128.00 $192.00 I 3.00. F-1 Compaction Test(ea.) S-2326 $40.00 $120.00 I 1.00 T-1 Trip Charge-Zone 1 (/trip) S-2326 $65.00 $65.00 09/04/2020 4.00 C-1 Compressive Strength of Cylinder C-3245 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/tomp/4-4"z8" C3245 $87.00 $87.00 or 3-6"x12".cyl) 1.00 T-1 Trip Charge-Zone 1((trip) C-3245 $65.00 $65,00 4.00 C-1 Compressive Strength of Cylinder C-3246 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4'x8" C-3246 $87.00 $87,00 or 3-61x12"cyl) 400 C-1 Compressive Strength of Cylinder C-3247 $19.00 $76.00 (ea.) 1,00 F-3 Concrete Test(slump/air/ternp/4-4x& C-3247 $87.00 $87.00. or 3-6"x12"cyl) 4.00 C-1 Compressive Strength of Cylinder C-3248 $19.00 $76,00 (ea,) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3248 $87.00 $87.00 or 3-6"x12"cyi) 1.75. P30 Engineering Technician-Hold Time C-3248 $79.00 $138.25. 1.00 T-1 Trip Charge-Zone 1(/trip) X-116883 $65.00 $65.00 Cylinder pickup 09/05/2020 1.00 T-1 Trip Charge-Zone 1 ((trip) X-116887 $65.00 $65.00 Cylinder pickup 09/15/2020 4.00 C-1 Compressive Strength of Cylinder C-3308. $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3308 $87.00 $87.00 or 3-6"x12";cyl) 1.00 T-1 Trip Charge-Zone 1'((trip) C-3308 $65.00 $65.00' 09/16/2020 4.00 C-1 Compressive Strength of Cylinder C-3320 $19.00 $76.00. (ea.) TERMS:.DUE UPON RECEIPT PAST DUE BALANCES SUBJECT TO 1.25%SERVICE CHARGE PER MONTH 13478 Chandler Road T Omaha,Nebraska 68138-3716 402/556-2171 Fax402/556-7831 We accept.major Credit Cards hiele Geotech inc INVOICE Project No: 01.19193.04 Invoice it:71203 PM:Kimball,Cody Date:09/25/2020 Dept Materials Page:3 of 3 Date Quant Code Description Sample Rate Amount 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3320 $87.00 $87.00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1(/trip) C-3320 $65.00 $65.00 09/17/2020 4.00 C-1 Compressive Strength of Cylinder C-3339 $19.00 $78.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4.4"x8" C-3339 $87.00 $87.00 or3.6'x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3339. $65.00 $65.00 09/18/2020 4.00 C-1 Compressive Strength of Cylinder C-3363 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4.4"x8" C-3363. $87.00 $87,00 or 3-6"x12":cyl) I 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3363 $65.00 $65.00 09/19/2020 1.00 T-1 Trip Charge-Zone 1 (/trip) X-117004 $65.00 $65.00 Cylinder pickup 09/21/2020 4,00 C-1 Compressive Strength of Cylinder C-3387 $19.00 $76.00 (ea:) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3387 $87.00 $87.00 or.3.6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3387 $65.00 $65.00 09/22/2020 4,00 C-1 Compressive Strength of Cylinder C-3423 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3423 $87.00 $87.00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 ((trip) C-3423 $65.00 $65.00 09/23/2020 4.00 C-1 Compressive Strength of Cylinder C-3447 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3447 $87.00 $57.00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip) C-3447 $65.00 $65.00. 09/24/2020 4.00 C-1 Compressive Strength of Cylinder C-3476 $19.00 $76.00 (ea.) 1.00 F-3 Concrete Test(slump/air/temp/4-4"x8" C-3476 $87.00 $87.00 or 3-6"x12"cyl) 1.00 T-1 Trip Charge-Zone 1 (/trip). C-3476 $65.00 $65.00 09/25/2020 1.00 T-1 Trip Charge-Zone 1 (/trip) X-117090 $65.00 $65.00 Cylinder pickup 7.00 P-3 Project Engineer(/hr.) X-117146 $128.00 $896.00 PM Review Invoice Total: $7,399.50 REMIT TO:THIELE GEOTECH, INC. FTIN 47-0794664 13478 Chandler Road Online Payments available at Omaha,Nebraska 68138-3716 www.thielegeotech.00m ePay 402/556-2171 Fax 402/556-7831 TERMS: DUE UPON RECEIPT PAST DUE BALANCES SUBJECT TO 1.25%SERVICE CHARGE PER MONTH C • R E BANK Core Bank Private Client Group. 17807 Burke Street Invoice PRIVATE CLIENT GROUP Omaha, NE 68118 DOUGLAS 602 CONSTRUCTION Invoice No: 53084 FULLENKAMP,JOBEUN, JOHNSON&BELLER LLP Invoice Date: 01/01/2021 ATTN: LARRY JOBEUN 11440 W CENTER ROAD-SUITE C OMAHA NE 68144-4482 --------------- ---- — — ---- CATEGORY QUANTITY RATE AMOUNT BALANCE CARRIED FORWARD: $0.00 PREVIOUS AMOUNT BILLED: $525.00 AMOUNT RECEIVED: $525.00 PRORATED BASE FEE ADMIN FEE 7/12 ANNUAL 6/01/20 - 01/01/21 $291.67 POSTAGE $25.00 SID TERMINATION FEE COSTS INCURRED DUE TO TERMINATION $57.18 TOTAL DUE $373.85 1-30 DAYS PAST 31-60 DAYS PAST 61-90 DAYS PAST OVER 90 DAYS CURRENT DUE DUE DUE PASTDUE AMOUNTDUE 373.85 0.00 - 0.00 0.00 0.00 373.65 PLEASE DETACH AND RETURN WITH PAYMENT GOUGLAS 602 CONSTRUCTION Invoice#: 53084 FULLENKAMP,JOBEUN, JOHNSON &BELLER LLP Invoice Date: 01/01/2021 ATTN: LARRYJOBEUN 11440 W CENTER ROAD-SUITE C Bill Code: DOUG602CON OMAHA NE 68144-4482 Total Due: 373.85 Core Bank Private Client Group Remit to: 17807 Burke Street Amount Enclosed: Omaha,NE 68118 '0,013,120101 February 16,2021 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 Regulatory Signs F Sanitary and Improvement District No.602 FSE#:005.003 Dear Members of the Board: The Douglas County Engineer has provided a regulatory sign plan proposal for Phase I of the Lake Cunningham Village project. FoleyShald Engineering has reviewed the proposal and recommends that it should be approved by the Board of SID 602. Please see the breakdown of associated costs and the sign layout plan in the attached letter from the Douglas County Engineer. We hereby recommend payment in the total amount of$2,358.00 to the Douglas County Engineer.Please return written approval of acceptance to the Douglas County Engineer along with payment,as indicated in the attached letter. Sincerely,� � ( ce Joseph D.Foley,PE SENIOR PROJECT MANAGER 1 1 '� e�-r' ✓*,w xy �. j r a� � � � � sfr��s�f'7¢oF,�� �a L2.{ � �r�fi'#nL��y� ,.� 'a,`'Y.; `� $£JY n 4j £,�.i 7sS1Y`�"5N.H✓'E s 'z^ �,i'"+x`,'°y,r��"d� � „has l�,?`1�Y t T�� 1 ft tt'h� � $v4 �'"�.�r 5, � `*�+'r�,�...�bfit ��";�.s�nRr+„2�r; .tui:e�aF'`�A��skE`it�* mot�;Jm�xtt,'.��ix s�Y.✓,.s?y", '+,axe4x��:it�.t2t��`5'�" . s`c TOM DOYLE /%/ t �) DOUGLAS COUNTY ENGINEER ❑1 /� `, 15505 West Maple Road •� Omaha, Nebraska 681 1 6-5 1 73 F Qi- 402-444-6372 Fax: 402-444-6244 engineer@douglascounty-ne.gov January 26, 2021 Mr. Josh Siel, E.I. FoleyShald Engineering 3803 N 153d Street, Suite 203 Omaha, NE 68116 RE: TRAFFIC CONTROL DEVICES SANITARY & IMPROVEMENT DISTRICT NO. 602 LAKE CUNNINGHAM VILLAGE ADDITION Dear Mr. Siel: We have completed our traffic study as per your request and have the following recommendations, (see attached figure): NO. OF SIGNS TYPE OF SIGNS UNIT COST TOTAL 6 STOP 30" $154.00 ea $924.00 2 SPEED LIMIT $147.00 ea $294.00 2 NO OUTLET $138.00 ea $276.00 2 DEAD END $138.00 ea $276.00 4 KEEP RIGHT $147.00 ea $588.00 TOTAL COST TO THE DISTRICT $2,358.00 Written approval of acceptance and payment in full from the District is required before installation of the signs. Warrants issued by the District made payable to the Douglas County Engineer are acceptable as payment. We will notify you upon completion of the installation. PLEASE MAIL WARRANTS FOR PROCESSING TO: DOUGLAS COUNTY ENGINEER 15505 WEST MAPLE ROAD OMAHA, NE 68116-5173 Sincerely, rj> fL _-� 9effra/T. Scherzbe g, P.E{ Design Engineer Attachment STATE STREET n U1 i ., , RE�(NOLDS O r sT O \ \ te-rfi (:III,I i _/ // NE I *ITJG1* (Q co 11 l 93R° Im \ I rn m' C P 5 \ � KB Q 0 t: Af- G;S S. I . D. NO. 602 A LAKE CUNNINGHAM VILLAGE N Q MILES 1 .02 CIRCLES 2 S.I.D. NO. 602 SIGN TECH ROD SIGN STUDY 01/13/2021 SUB. NAME LAKE CUNNINGHAM VILLAGE SIGN INSTALL SIGN LEGEND 6 30" STOP G _ INTERSECTION WARNING t ALL WAY A END OF ROAD MARKER • STOP AHEAD Moro i MARKER - 1_ n 2 25 M.P,H ® op l c I MtlAHI E:i R LI PLAYGROUND SP 4 KEEP RIGHT I ___ PEED BUMP <y n BIKE CROSSING YIELD H!_1ND PR}VEtil+' \ ' Sol 1001 . /OM H 20 MLP.H. H `;iRl'H1L1) 1HULL; I ADVISORY SPEED IS (Il AOI ]r) 15 M:P.H. SCHOOL CROSSING C) DO NOT ENTER o 1 1,VJDuT N CO Olio El M uVN h\f1,6 lo'dr3 i,,JI, L.1 _ PEDESTRIAN CROSSING CIPOST 5' SQ STEEL I 11 _ POST-12' SQ STEEL ADV PED CROSSING A SIGN ANGLE BRACKET ....- RAISED CROSSWALK s' A 16 U POST-5' I P NO PARKING 0 NP U POST-7' I P ONE WAY 4. 16 U POST-9' I P END ONE WAY 0 _ POLE BANDING B CARSONITE • _ DRILL HOLE 2 DEAD ENO (FOR KEEP RIGHTS) DEAD END MARKER J LABOR TO STRAIGHTEN & O 2 NO OUTLET 4,? LOWER - SIGNS & POSTS TRAFFIC CALMING DEVICE 4 _ SIDE ANGLE BRACKET ROUNDABOUT A i 3803 N 15311D STREET,SUITE 203 OMAHA,NE 68116 F®le Si�1ald T402.804.3993 �ENG1NeERING February 16,2021 Project: SID 602—Lake Cunningham Village—Paving Phase I Pay Estimate No.5 Owner: Sanitary and Improvement District No. 602 of Douglas County,Nebraska do Fullenkamp,Jobeun,Johnson&Beller 11440 West Center Road, Suite C Omaha,NE 68144-4482 Contractor: TAB Holding Company,Inc. 4153 South 67oh Street Omaha,Nebraska 68117 Total Current Contract Amount: $875,560.00 Total Amount Paid on Previous Estimates: $810,074.40 Dear Members of the Board: i 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$35,196.75. mom=.. ,F. A. F ,�. a =m.. APPRQXIMATF,. `sz ., . E. U QLI . . 57' .- ,; St: - i. t._.,.® L�RITTCON .w - .i-'.'4aT N.RtT%it . '1 0 _ i __.IN P �` P. .__�. OT"AL::_ , I INSTALL SILT FENCE 3,000 LF $ 2.00 $ - 2 CLEANOUT SILT FENCE 3,000 LF $ 0.30 9,039 $ 2,711.70 3 REMOVE SILT FENCE 3,000 LF $ 0.30 $ - 1 4 DELETED PER CHANGE ORDER NO. 1 0 $ - $ - 5 INSTALL CURB INLET PROTECTION 20 EA $ 150.00 20 $ 3,000 6 COMMON EARTH EXCAVATION 5,453 EA $ 10.25 5,884 $ 60,311.00 7 SAW CUT-FULL DEPTH 207 EA $ 5.10 $ - 8 7"CONCRETE PAVEMENT-TYPE L65 16,360 LF $ 38.20 16,290 $ 622,278.00 9 CONSTRUCT CONCRETE HEADEDR 50 LF $ 13.55 $ - 10 CONSTRUCT THICKENED EDGE 257 LF $ 8.75 114 $ 997.50 11 CONSTRUCT CONCRETE TURN AROUND 100 SY $ 60.70 100 $ 6,070.00 12 CONSTRUCT MEDIAN SURFACING 390 SY $ 9.50 452 $ 4,294.00 13 CONSTRUCT CONCRETE CURB RAMP 18 LS $ 996.10 12 $ 11,953.20 14 CONSTRUCT SEGMENTAL BLOCK 450 LF $ 58.00 774 $ 44,892.00 RETAINING WALL IS CONSTRUCT WALL FINISH GRADING 1 LF $ 1,000.00 1 $ 1,000.00 16 DELETED PER CHANGE ORDER NO. J 0 $ - 0 $ - 17 CONSTRUCT CURB INLET-TYPE I 14 LF $ 3,367.20 9 $ 30,304.80 IS CONSTRUCT CURB INLET-TYPE II 5 LF $ 3,444.10 4 $ 13,776.40 19 CONSTRUCT CURB INLET-TYPE III 1 TN $ 3,266.80 7 $ 22,867.60 ADJUST MANHOLE TO GRADE(29 SAN,6 20 STM) 35 LF $ 237.80 24 $ 5,707.20 21 EXTERNAL FRAME SEAL(29 SAN,6 STM) 35 LF $ 357.60 24 $ 8,582.40 22 SEEDING-TYPE"TEMPORARY SEED MIX" 6 LF $ 300.00 29.7 $ 8,910,00 23 STRAW MULCH 6 LF $ 400.00 23.4 $ 9,360.00 24 JET EXISTING SANITARY SEWER 6,260 LF $ 1.10 6,260 $ 6,886.00 25 INSTALL STRAW WATTLES 1,000 EA $ 2.20 1,632 $ 3,590.40 26 CONSTRUCT PAVEMENT STRIPING 300 EA $ 3.00 114 $ 342.00 • 27 CONSTRUCT PAVEMENT MARKING 8 EA $ 123.00 8 $ 984.00 28 REGULATORY SIGNS 2 EA $ 165.00 $ - 29 SIGN POSTS 2 EA $ 110.00 $ - 30 CONSTRUCT END OF ROAD BARRICADE 2 EA $ 630.00 2 $ 1,260.00 PER CHANGE ORDER NO.1 31 PAVEMENT SUBGRADE STABILIZATION 789 SY $ 23.40 789 $ 18,462.60 32 MANHOLE RING COLLAR CONSTRUCTION 2 EA $ 609,15 2 $ 1,218.30 I I WORK COMPLETED THIS ESTIMATE $ 889,759.10 OWNER'S RETAINAGE(5%) $ 44,487.96 AMOUNT PREVIOUSLY PAID $ 810,074.40 AMOUNT DUE THIS ESTIMATE $ 35,196,75 Please feel free to give me a call with any questions. Sincerely, U 4 Joseph D.Foley,PE Senior Project Manager c: Chris Wilsey,TAB Construction Henry Luo,Al Development 1 2 John H. Fullenkamp ©KI FULLENKAMP Larry A.Jobeun JOBEUN Mark B. Johnson Brent W.Beller j B JOHNSON & Robert T. Griffith BELLER LLP Writers e-mail: larrv(atliblaw.com February 22, 2021 Chairman and Board of Trustees Sanitary and Improvement District No. 602 of Douglas County, Nebraska Statement of Services Rendered a. Douglas County Engineer for installation of street ID and traffic con- $2,358.00 trol signage within the District (1/26/21 invoice). b. TAB Holding Company, LLC for completion of a portion of the Pay- $35,196.00 ing—Phase I improvements and in accordance with Pay Est. No. 5. LEGAL FEES (5%): $1,877.70 EXPENSES: $ -0- Filing Fees, Publications, Copying, & Postage TOTAL AMOUNT DUE: $1,877.70 Is/Larry A. Jobeun Attorney for the District 11440 W. Center Road, Ste. C—Omaha,Nebraska, 68144—Phone: (402)334-0700—Website: www.fllblaw.com FULLENKAMP JOBEUN 1 THE DAILY RECORD JOHNSON&BELLER LLP OF OMAHA11440 WEST CENTER ROAD OMAHA,NEBRASKA 68144 JASON W.HUFF,Publisher NOTICE OF MEETING PROOF OF PUBLICATION SANITARY AND IMPROVEMENT DISTRICT NO.602 OF DOUGLAS COUNTY,NEBRASKA UNITED STATES OF AMERICA, NOTICE IS HEREBY GIVEN that a meet- The State of Nebraska, gg, ing of the Board of Trustees of Sanitary and District of Nebraska, Improvement District No. 602 of Douglas County will be held 10:00 a.m.on February County of Douglas, 22,2021, which meeting will be open to City of Omaha, the public via telephonic means by calling (1-866-906-7447,Access Code 4253193) ELIZABETH WHITE or in person attendance at 11440 W. Center Road,Omaha,Nebraska,pursuant to Executive Order No. 21-02 Coronavirus - being duly sworn,deposes and says that she is Continued United Waiver of Public Meetings Requirement,issued by Governor Pete Ricketts LEGAL.EDITOR on January 11,2021,which meeting shall oth- LEGAL EDITOR erwise be held in accordance with the Nebraska Open Meetings Act.An agenda for such meet- of THE DAILY RECORD, of Omaha, a legal newspaper,printed and ing, kept continuously current is available for havinga bona fide paid public inspection by request and via electronic published daily in the English language, mail by contacting the office of the District's circulation in Douglas County in excess of 800 copies, printed in counsel at(402)334-0700,the same including the payment of bills and other business of the Omaha,in said County of Douglas,for more than fifty-two weeks last District. past;that the printed notice hereto attached was published in THE Clerk of The District DAILY RECORD of Omaha,on 2/18 February 18,2021 I That said Newspaper during that��^y. �•: v ,: . , published and in general circulation in the Co' 9 : v ebraska. GENERAL NOTARY-State of Nebraska Ar ELLEN FREEMAN �.-_ ,' i „ ceao sworn to before My comm.exp'a :2o21 ' 18th -�-= day of Publisher's Fee $ me this d 1 ' February g Additional Copies $ /� Total $27.50 a► �144� No e. Public in and for Douglas County, State of Nebraska ' J0C _ AGENDA Ckc� Sanitary and Improvement District No. 602 of Douglas County, Nebraska (Lake Cunningham Village); Meeting to be held February 22, 2021 at 10:00 a.m. 4 Present Nebraska Open Meetings Act*; Trustee roll call: • en � • gth fie-Cle- • argil J. Luo • Nig Yang • mgmimaeng o ran(p ) Discussion in re: °' CO Sale of Phase I and the annexation and development of Phase II of the District; and, 1 . . Short Form of Agreement Between Owner and Engineer for Professional Services for Construction Administrative services to be administered by FoleyShald ! I Engineering, LLC; vote on and approve the same. Present statements, vote on and approve payment from the General Fund Account of the District for the following: a. Lutz & Company, P.C. for accounting services relating to the comp- $3,030.00 letion of the audited financials (No. 275435). I b. Royal Lawns, Inc. for removal of snow on sidewalks in rights-of-way $ 750.00 \---- and related services (#6977-5). Core Bank Trust for administrative fees and costs incurred due to ter-1110 $ 373.85 mination (No. 53085). i Kuehl Capital Corporation for advisory fees on the General Fund Wa- $ 124.62 0d. rrants issued at this meeting (3.0%). ii, Piper Sandler& Co. for warrant processing fee on General Fund War- $ 85.57 rants issued at this meeting (2.0%).e(f 4V Present statements,vote on and approve payment from the Construction Fund Account of the '`- District for the following: 410 FoleyShald, LLC Engineering for engineering and design services in $8,233.70 connection with various construction projects of the District(#1159). AOThiele Geotech, Inc. for materials testing in connection with the comp- $7,399.50 leted portion of the paving improvements in Phase I (No. 71203). (! h. ) Core Bank Trust for administrative fees and costs incurred due to ter- $ 373.85 mination (No. 53084). Douglas County Engineer for installation of street ID and traffic con- $2,358.00 \\ trol signage within the District(1/26/21 invoice). TAB Holding Company, LLC for completion of a portion of the Pav- j. - $35,196.00 mg—Phase I improvements and in accordance with Pay Est. No. 5. Fullenkamp Jobeun Johnson& Beller, LLP for legal services render- $1,877.70 ed in connection with the items i. and j. hereinabove (5%). lbKuehl Capital Corporation for advisory fees on the Construction Fund $1,663.46 Warrants issued at this meeting (3.0%). Cm. Piper Sandler & Co. for warrant processing fee on Construction Fund $1,142.24 Warrants issued at this meeting (2.0%). 5. Any and all business before the Board as deemed necessary; meeting adjourned. i *pursuant to NE Executive Order No. 21-02, this meeting will be held via teleconference or at the I address as listed in the Notice of Meeting. I I