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2022-08-18 SID 614 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 614 of Douglas County,Nebraska,(the"District")and hereby further certify as follows: 1. Annexed to this certificate is a true and correct transcript of the proceedings of the Board of Trustees of the District relating to a meeting of said District held on the date and at the time reflected in the meeting minutes contained in said foregoing transcript(the"Meeting"). All of the proceedings of the District and of the Board of Trustees thereof which are set out in the annexed and foregoing transcript have been fully recorded in the journal of proceedings of the District and the undersigned District Clerk has carefully compared the annexed and foregoing transcript with said journal and with the records and files of the District which are in such Clerk's official custody and said transcript is a full,true and complete copy of said journal,records and files which are set out therein. 2. Advanced notice for the Meeting was given by publication as set forth in the affidavit of publication contained in the foregoing transcript and was mailed to the Clerk of the municipality or county within whose zoning jurisdiction the District is located at least seven days prior to the date of the Meeting. Advanced notice for the Meeting, including notice of agenda subjects, was given to all members of the Board of Trustees. All news media requesting notification of meetings of said body were provided with advanced notice of the times and places of such meetings and the subjects to be discussed. 3. All of the subjects addressed at the Meeting were contained in the agenda for the Meeting, which agenda was kept continually current and readily available for public inspection at the address listed in the meeting notice for the Meeting and a copy of which is attached to this Certificate; such subjects were contained in said agenda for at least 24 hours prior to the Meeting and each agenda item was sufficiently descriptive to give the public reasonable notice of the matters to be considered at the Meeting. 4. A current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during the Meeting in the room in which such Meeting was held and all in attendance at the Meeting were informed that such copy of the Nebraska Open Meetings Act was available for review and were informed of the location of such copy in the room in which such Meeting was being held. At least one copy of all resolutions and other reproducible written materials,for which actions are shown in said proceedings,was made available for examination and copying by members of the public at the Meeting. 5. The minutes of the Meeting were in written form and available for public inspection within ten(10)working days after the Meeting or prior to the next convened meeting, whichever occurred earlier, at the office of the District; within thirty(30)days after the date of the Meeting, a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county within whose zoning jurisdiction the District is located. 6. No litigation is now pending or threatened to restrain or enjoin the District from the issuance and delivery of any warrants or other obligations issued by the District or the levy and collection of tax or other revenues or relating to any of the improvements for which any such warrants or other obligations were or are issued nor in any manner questioning the proceedings and authority under which any such warrants or other obligations were or are issued or affecting the validity thereof; neither the corporate existence or boundaries of the District nor the title of its present officers to their respective offices is being contested; no authority or proceedings for the issuance of any warrants or other obligations by the District have been repealed,revoked or rescinded as of the date hereof. All actions taken by the Board of Trustees referred to in said transcript were taken at a public meeting while open to the attendance of the public. IN WITNESS WHEREOF,we have hereunto affixe our official signatures this 18th day of August,2022. CAI rue(!1 tIws'^cv,t,Acting C airman IVICk 4fev W,Acting Clerk MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 614 OF DOUGLAS COUNTY, NEBRASKA HELD AT 10:30 A.M. ON AUGUST 18, 2022 AT 11440 W. CENTER ROAD, OMAHA, NEBRASKA The meeting of the Board of Trustees of Sanitary and Improvement District No. 614 of Douglas County,Nebraska was convened in open and public session at 10:30 a.m. on August 18, 2022, 11440 W. Center Road, Omaha, Nebraska 68114, and pursuant to the terms and conditions set forth in the Nebraska Open Meetings Act, a copy of which was made available for review to all in attendance at these proceedings. Trustees Steve Champoux, Ben Katt and Nick Petersen were present at the meeting. Larry A. Jobeun of Fullenkamp, Jobeun, Johnson & Beller, LLP, attorneys on behalf of the District, and Adam Flanagan of Bluestem Capital Partners, municipal advisors for the District, were also in attendance. Trustees Eugene J. Graves, Jr. and Peter Katt were absent. Notice of the meeting was given in advance thereof by publication in The Daily Record on August 3 and 10, 2022, 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 Board first noted that it would be necessary to appoint an Acting Chairman for the purposes of this meeting, due to the absence of the Chairman, Eugene J. Graves, Jr. Then, upon a motion duly made, seconded, and upon a roll call vote of"aye," the Trustees present appointed Steve Champoux as the Acting Chairman on behalf of the District for the purposes of these proceedings, whereby he was further authorized to sign any and all documents presented herein, including but not limited to the warrants of the District. The Board further noted that it would be necessary to appoint an Acting Clerk for the purposes of this meeting, due to the absence of the Clerk, Peter Katt. Then, upon a motion duly made, seconded, and upon a roll call vote of"aye," the Trustees present appointed Nick Petersen as the Acting Clerk on behalf of the District for the purposes of these proceedings, whereby he was further authorized to sign any and all documents presented herein, including but not limited to the warrants of the District. The Clerk then certified that notice of this meeting had been given to the Douglas County Clerk at least seven (7) 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. First, the Chairman presented the proof of publication in connection with the Resolution of Necessity recommending the District enter into an Underground Service Agreement and related Agreement for street lighting and utility service with Omaha Public Power District, for and in consideration of the construction of the underground electrical distribution system and any related appurtenances for Lots 1-194, Majestic Pointe II, the same having been published on August 3 and 10, 2022 in The Daily Record, a paper of general circulation in Douglas County, Nebraska. It was then noted that no one from the public appeared in opposition of the above resolution and the same had been posted in three (3) conspicuous places within the District. After discussion the Resolution contained in Exhibit "A" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees Steve Champoux, Ben Katt and Nick Petersen, was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 614 of Douglas County, Nebraska that the Resolution of Advisability and Necessity for the District to enter into an Underground Service Agreement with OPPD, for the construction/installation of the underground electrical distribution system and related appurtenances for Lots 1-194, Majestic Pointe II, be and hereby is approved, the same having been preliminarily approved, in form, at the July 21, 2022 meeting of the District. BE IT FURTHER RESOLVED that the Board of Trustees authorize the payment in the amount of $291,000.00 be made to OPPD from the Construction Fund Account of the District as part of these proceedings. Next, the Chairman presented the proof of publication in connection with the Resolution of Necessity recommending the District enter into an Underground Service Agreement and related Agreement for street lighting and utility service to be entered into by and between the District and Omaha Public Power District, for and in consideration of the construction of the underground electrical distribution system and any related appurtenances for Lot 195, Majestic Pointe II, the same having been published on August 3 and 10, 2022 in The Daily Record, a paper of general circulation in Douglas County, Nebraska. It was then noted that no one from the public appeared in opposition of the above resolution and the same had been posted in three (3) conspicuous places within the District. 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 Steve Champoux, Ben Katt and Nick Petersen, was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 614 of Douglas County, Nebraska that the Resolution of Advisability and Necessity for the District to enter into an Underground Service Agreement with OPPD, for the construction/installation of the underground electrical distribution system and related appurtenances for Lot 195, Majestic Pointe II, be and hereby is approved, the same having been preliminarily approved, in form, at the July 21, 2022 meeting of the District. BE IT FURTHER RESOLVED that the Board of Trustees authorize the payment in the amount of $63,360.00 be made to OPPD from the Construction Fund Account of the District as part of these proceedings. Next, the Chairman presented the proof of publication in connection with the Resolution of Necessity recommending that the District reimburse SID No. 581 in the amount of $267,601.36 for the construction costs associated with the Reynolds Street improvements and pursuant to the line item in the Source and Use of Funds contained in the previously approved Subdivision Agreement for the District, the same having been published on August 3 and 10, 2022 in The Daily Record, a paper of general circulation in Douglas County, Nebraska. It was then noted that no one from the public appeared in opposition of the above resolution and the same had been posted in three (3) conspicuous places within the District. After discussion the Resolution contained in Exhibit "C" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees Steve Champoux, Ben Katt and Nick Petersen, was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 614 of Douglas County, Nebraska that the Resolution of Advisability and Necessity for the District to reimburse SID No. 581 for the construction costs associated with the Reynolds Street improvements and pursuant to the line item in the Source and Use of Funds contained in the previously approved Subdivision Agreement for the District, the same having been preliminarily approved, in form, at the July 21, 2022 meeting of the District. BE IT FURTHER RESOLVED that the Board of Trustees authorize the payment in the amount of $267,601.36 be made to SID No. 581 from the Construction Fund Account of the District as part of these proceedings. The Chairman next presented the following invoices and statements to be paid out of the General Fund Account of the District: a.) E& A Consulting Group, Inc. for engineering services relating to $1,307.49 general maintenance and erosion control monitoring/reporting (No. 162544). b.) Bluestem Capital Partners for municipal advisor fees on General $ 32.69 Fund Warrants issued at this meeting (2.5%). c.) Bluestem Capital Partners for Financial Advisor/Fiscal Agent ser- $10,500.00 vices for FY 2022/2023 (#2767). d.) Piper Sandler& Co. for underwriting fees on General Fund Warr- $ 236.80 ants issued at this meeting (2%). 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 concrete, compressive strength and com- $6,357.00 paction testing of the paving in connection with the Paving—Sec. I improvements (No. 77438). b.) Thiele Geotech Inc. for compressive strength and compaction test- $11,296.90 ing of the storm sewer system and paving in connection with the Storm Sewer and Paving System— Section I Improvements (Nos. 77143, 76853, 77144). c.) Omaha Public Power District for the installation and operation of $291,000.00 the electrical underground service system (Majestic Pointe II— Lots 1 — 194) in accordance with the above-approved resolution. d.) Omaha Public Power District for the installation and operation of $63,360.00 the electrical underground service system (Majestic Pointe II— Lot 195) in accordance with the above-approved resolution. e.) Sanitary &Improvement District No. 581 of Douglas County for $267,601.36 reimbursement in connection with the 168th Street—Potter St. to Reynolds Street improvements, pursuant to the line item on the Source & Use of Funds outlined in the Subdivision Agreement for the District and in accordance with the above-approved resolution (No. 3). f.) Armodus, LLC for completion of a portion of the Channel Improve- $77,720.23 ments— Section I and in accordance with Pay Est. No. 1. g.) TAB Construction Co. for completion of a portion of the Storm Sew- $170,176.26 er&Paving—Section I improvements and in accordance with Pay Est. No. 10. h.) Valley Corporation for completion of a portion of the Sanitary Sew- $288,521.29 er System— Section I improvements and in accordance with Pay Est. No. 5. i.) Fullenkamp Jobeun Johnson &Beller, LLP for legal services ren- $39,260.11 dered in connection with items c.), d.), e). (2%), f.) and g.) (5%) hereinabove. j.) Bluestem Capital Partners for municipal advisor fees on Construc- $30,382.33 tion Fund Warrants issued at this meeting (2.5%). k.) Piper Sandler& Co. for underwriting fees on Construction Fund $24,913.51 Warrants issued at this meeting (2%). 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. 614 of Douglas County, Nebraska that the Chairman and Clerk be and hereby are authorized and directed to execute and deliver Warrant Nos. 166 through 202, 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, Warrant Nos. 166 through 171 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 August 18, 2025 (the "General Fund Warrants"), and Warrant Nos. 172 through 202 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 August 18, 2027 (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. 166 for $1,307.49 made payable to E & A Consulting Group, Inc. for engineering services relating to general maintenance and erosion control monitoring/reporting. b) Warrant No. 167 for $32.69 made payable to Bluestem Capital Partners for municipal advisor fees on General Fund Warrants issued at this meeting. c) Warrant Nos. 168 and 169 for $5,000.00 each and Warrant No. 170 for $500.00, all made payable to Bluestem Capital Partners for Financial Advisor/Fiscal Agent services FY 2022/2023. d) Warrant No: 171 for $236.80 made payable to Piper Sandler & Co. for underwriting fees on General Fund Warrants issued at this meeting. e) Warrant No. 172 for $6,357.00 made payable to Thiele Geotech Inc. for concrete, compressive strength and com paction testing of the paving in connection with the Paving — Sec. I improvements. CF f) Warrant No. 173 for $11,296.90 made payable to Thiele Geotech Inc. for compressive strength and compaction testing of the storm sewer system and paving in connection with the Storm Sewer and Paving System — Section I Improvements. CF g) Warrant Nos. 174 through 178 for $50,000.00 each and Warrant No. 179 for $41,000.00, all made payable to Omaha Public Power District for the installation and operation of the electrical underground service system (Majestic Pointe II — Lots 1 — 194) in accordance with the above-approved resolution. CF h) Warrant No. 180 for $50,000.00 and Warrant No. 181 for $13,360.00, both made payable to Omaha Public Power District for the installation and operation of the electrical underground service system (Majestic Pointe II — Lot 195) in accordance with the above-approved resolution. CF i) Warrant Nos. 182 through 186 for $50,000.00 each and Warrant No. 187 for $17,601.36, all made payable to Sanitary & Improvement District No. 581 of Douglas County for reimbursement in connection with the 168th Street —Potter St. to Reynolds Street improvements, pursuant to the line item on the Source & Use of Funds outlined in the Subdivision Agreement for the District and in accordance with the above- approved resolution. CF j) Warrant No. 188 for $50,000.00 and Warrant No. 189 for $27,720.23, both made payable to Armodus, LLC for completion of a portion of the Channel Improvements — Section I and in accordance with Pay Est. No. 1. CF k) Warrant Nos. 190 through 192 for $50,000.00 each and Warrant No. 193 for $20,176.26, all made payable to TAB Construction Co. for completion of a portion of the Storm Sewer & Paving — Section I improvements and in accordance with Pay Est. No. 10. CF I) Warrant Nos. 194 through 198 for $50,000.00 each and Warrant No. 199 for $38,521.29, all made payable to Valley Corporation for completion of a portion of the Sanitary Sewer System — Section I improvements and in accordance with Pay Est.No. 5. CF m) Warrant No. 200 for $39,260.11 made payable to Fullenkamp Jobeun Johnson & Beller, LLP for legal services rendered in connection with items c.), d.), e). (2%), f.) and g.) (5%) hereinabove. CF n) Warrant No. 201 $30,382.33 made payable to Bluestem Capital Partners for municipal advisor fees on Construction Fund Warrants issued at this meeting. CF o) Warrant No. 202 for $24,913.51 made payable to Piper Sandler & Co. for underwriting fees on Construction Fund Warrants issued at this meeting. CF BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 614 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. 614 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. 614 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. 614 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. 614 of Douglas County, Nebraska the District hereby authorizes and directs the Chair or Clerk to file or cause to be filed, 11 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 to follow) MINUTES SIGNATURE PAGE FROM THE MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 614 OF DOUGLAS COUNTY, NEBRASKA,HELD ON AUGUST 18,2022 There being no further business to come before the meeting,the meeting was adjourned. Actin Chas an Afrieh f , Acting Clerk ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No.614 of Douglas County, Nebraska("Majestic Pointe East")do hereby acknowledge receipt of advanced notice of the meeting of the Board of Trustees of said District and that the agenda for such meeting,held at 10:30 a.m. on August 18,2022,at 11440 W. Center Road,Omaha,Nebraska 68114,and pursuant to the conditions set forth in Nebraska Open Meetings Act, is kept continuously current and is available for public inspection at the office of the District's counsel during normal business hours. DATED this 18th day of August, 2022. CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 614 of Douglas County,Nebraska("Majestic Pointe East")hereby certifies that Notice of meeting of the Board of Trustees of said District held on August 18, 2022, was delivered to the Douglas County Clerk via facsimile and/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 August 3 and 10,2022, 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 and Omaha City Clerk,Omaha,Nebraska within thirty(30)days from the date of this meeting. �1��i2e m,ai, , Acting Clerk FULLENKAMP JOBEUN JOHNSON ELLER LLP THE DAILY RECORD 114Omaha,West Center Road �L�,��,� Omaha,Nebraska 68144 OF Ol AIIA SANITARY PROVEMENI DISTRICTICT NO.No.614 OF • JASON W. HUFF,Publisher DOUGLAS COUNTY, KA PROOF OF PUBLICATION NOTICE OF MEETING AND RESOLUTION NOTICE IS HEREBY GIVEN that a meeting. UNITED STATES OF AMERICA, of the Board of Trustees of Sanitaryand'. The State of Nebraska, SS.Improvement District No. 614 of Douglas. District of Nebraska, County will be held 10:30 a.m. on August County of Douglas, 18,2022,which meeting will be open to thee. public for in person attendance at 11440 W. City of Omaha, Center Road,Omaha,Nebraska,which meeting shall be held.in accordance with the Nebraska Open Meetings Act. An Agenda for such JASON W.HUFF and/or NIBLAUS STEWART meeting is available for public inspection at the office of the Districts counsel,during normal being duly sworn,deposes and say that they are the business hours, and includes the payment of bills of the District and the consideration and PUBLISHER and/or LEGAL EDITOR passing or amending and passing the following Resolution,to-wit: of THE DAILY RECORD, of Omaha, a leg al newspaper,printed and BE TT RESOLVED thatthe Board ofTrustees, published daily in the English language, having a bona fide paid of Sanitary and Improvement District No. 614 of Douglas County, Nebraska find and.: circulation in Douglas County in excess of 300 copies, printed in determine that it Is advisable and necessary Omaha,in said County of Douglas,for more than fifty-two weeks last for the District to install the underground electrical distribution system and related past; that the printed notice hereto attached was published in THE equipment, and make a payment to Omaha Public Power District In connection DAILY RECORD,pf OD on therewith(Majestic Pointe II-Lots 1-194), llgUS which improvements shall be constructed in accordance with the following agreement: & 10, 2022 UNDERGROUND SERVICE AGREEMENT OMAHA PUBLIC POWER DISTRICT,a public. corporation and politicalCP ") andion I RYi ewsp per regularly published and State of Nebraska ("OPPDu SANITARY That Said ^,N�, a duringthat time was IMPROVEMENT DISTRICT N0.614 of Douglas 1,LMLI� Ie of N 6 `�`y of DDug)> and 3ta�e of Nebraska. County EMENT agree as follows: 1Y0C % i KB-�' //�J- 1.Installation of Facilities. PAYTON LUNDBERG =:i NJ MY Comm. June 30,20tBrbsen'bed in my p and sworn to before 1.1 In'accordance with the terms arid' 380.10 conditions of-this'Agreement, OPPD shall) Publisher's Fee me this install underground.electric service distribution, $ August day of lines,underground individual service lines,and; '��/wyr.t1'1`,w- LL related equipment PointeiII co.to serve lso' Additional Copies $ qeoat ' V h-�` Q 0 single family rig units in the STD, also 380.10 eeknown as Majestic II constructed or to' Total $ Abe constructed tin the individual lots.listed one is and for Douglas otonty, the attached Exhibit"A". State of Nebraska 1.2 Underground :service lines from. underground distribution lines to individual lots or dwelling units will be provided by OPPD from. a point of connection on the dwelling unit to OPPD's nearest point of power supply.Prior to or at the time of installation of the underground'. • service line to a lot or dwelling,the lot/dwelling owner or builder will be responsible for providing and installing a service conduit from OPPD pedestal to the meter socket for every individual lot in the subdivision per OPPD Meter Manual specifications. 2.Timing and Coordination. 6.Property Rights. 14. Entire Agreement. This Agreement constitutes the entire agreement of the parties 2.1 Simultaneously with execution of this 6.1 SID shall grant to or secure for OPPD with respect to the subject matter hereof.All Agreement,SID shall provide to OPPD written such easements or other property rights prior agreements,representations,statements, notice as to the earliest date that improvements deemed necessary by OPPD in its sole and negotiations are hereby superseded.This within the SID will be ready for installation of discretion for the installation, operation and Agreement may be amended only by writing the Facilities("Ready Date'). - executed:by both parties.SID represents and maintenance of the Facilities. warrants that the execution of this Agreement 2.2 OPPD may commence installation of 6.2 The easement (or other instrument).. has been authorized by a resolution of its the Facilities any time after the Ready Date, shall prohibit installation of any permanent Board of Trustees, and that the SID is fully. provided all other conditions of this Agreement'. buildings, structures, Lees rock walls, empowered to enter into this Agreement with first have been met by SID. retaining walls or other obstructions within'. OPPD.. the easement area.The area within which the 2.3 In order to minimize construction Facilities are:installed may used forgardens'.. The outer boundaries of the area which, costs and avoid disruption of the Facilities, and shrubbeirthat db not.interfere with the may become subject to special assessments OPPD and SID agree that the Facilities shall operation and maintenance of the Facilities. for said improvements are proposed to be be installed by OPPD in coordination with the', , the same as the outer boundaries of Sanitary installation work of other service suppliers,. Z Interruption of OPPD Work.If,.after' and Improvement District No.614 of Douglas; including but not limited m cable television notice of the Ready Date;theInstallation of the. COunty,Nebraska p and telecommunications suppliers(collectively, Facilities is:delayed-due to a,cause other than. Said agreement and payments to be made 'Third Party Suppliers'). SID understands the fault of OPPD or a Force Ma]eure:Event to OPPD related thereto have been reviewed by'. that OPPD will allow Third Party Suppliers (as hereinafter defined),then,for each such' E&At Consulting Group,Inc.,engineers for the a reasonable period of time to commence incident,510 shall pay to DPPD,as liquidated' District and'saitr engineers have filed with the installation of their facilities, but OPPD will damages and not as a penalty, sum of Clerk of the lution,t,prior to the first publication not unreasonably postpone installation of theof this Resolution,an estimate of the total costs OPPD Facilities addressed in this Agreement $terra ti in order to compensate OPPD for. of said improvements, includings, engineering interruption of its construction forces. P ' in order to coordinate the installation work of fees,legal fees,.fiscal fees,interest and other Third-Party Suppliers. 8. Street Lighting. SIDmay request>the miscellaneous costs, which estimate Is in the installation of electric facilities by OPPD for sumo pay the00.00. 2.4 OPPD shall not be required to install streetlights. OPPD and SID shall enter into To pay the cost of said improvement the'. the Facilities in sections smaller than deemed a separate agreement for the installation of Board of Trustees'shall.have the power to economical by DPPD;in its sole discretion,and such facilities upon approval by appropriate issue negotiable n bonds of the District after shall complete the installation of the Facilities authorities and coordination of necessary pre- such improvements have.been called "Sanitary and only to the point required to supply permanent construction requirements by SID. accepted;:said bonds to ben called"Sanitary electric service to constructed dwelling units and Improvement District Bonds"and shall be built on lots contained within the boundaries 9. Forte Majeure. Neither party shall payable and bear interest as provided by the'.. depicted on the attached Exhibit"A". be responsible for delays in installation of Statutes of the State'of Nebraska. the Facilities that result from unforeseeable The Board of Trustees shall assess to the 3.Site Preparation. - causes beyond the reasonable control of a extent of special benefits; the cost of such'. party, including but not limited to floods, improvements upon' -properties sin-tally 3.1 Prior to commencement of work labor disputesand.material shortages Force benefltied thereby. All special assessments hereunder by OPPD, SID shall, at its.sole Majeure Event).A party affected by a Force'. which may be levied upon the properties' expense, remove all trees, vegetation, and Majeure Event shall provide written notice spedally bened,ed b such improvements ments shall, other surface or subsurface obstructions thereof to the other party and Take reasonable when collected,be set aside andconstitute a that may interfere with the Installation of steps th resume performance upon cessation of sinking'fund for the payment of interest and' the Facilities, or that may pose a hazard to the Force Majeure Event. principal of said bonds. The District shall also the future maintenance of the_Facilities, as cause to al levied annually ax tax upon the determined by OPPD in its sole discretion. to. .Indemnifiration. To the maximum assessed value of all of the taxable property - - --- extent permitted by law, SID shall indemnify in the District except intangible property,which 3.2 Prior to the.commencement of work ether with.said sinking.fund derived from. hereunder by OPPD, SID-shall, the and defend DPPD, and Ith gainstrs, officers, special-assessments shall.be sufficientto meet finalgrading of all-lots listed on=Exhibit"A", and employees, from-and-against-all claims, ads as of the interest and principal of said suits, liability, expense or damage, including P Y and shall mark all lots with readilyidentifiable reasonable attorney's fees and court costs, bonds as the same become due;said tax shall markers (such as„T'.posts and lot number (collectively,"claims')for damage to property,, be known as the Sanitary and.Improvement indicators) satisfactoryto--.OPPD. SID shallDistrict Tax and shall'be payable annually in injury to.persons (inducing death), and anyl reimburse OPPD for all costs incurred in the other Claims arising from the negligence or money:. - relocation.cif Facilities due to a change of grade intentionaLwrongdoing.of the SID;.or any of If a petition opposing this Resolution,signed or plat. . by property owners representing.a majority of its contractors,officers,agents or:mnific employees; the ecmen footage which may become subject to provided however, -the indemnification 3.3 OPPD shall not commence installation provided hereunder shall not apply if such as secment'forthe cost of the improvements of Facilities until the equipment of service calms,.suits;kabNity,expense or damage are as sefforth herein,is filed with the Clerk of the suppliers with which DPPD does not coordinate caused solely by the negligence of a person' District within three(3)days before the date of installation of the:Fadlities, including but not or entity"indemmfied hereunder..Neither party- the hearing on this Resolution,this Resolution limited to gas and:water suppliers, has been shall be liable for anyshall not be passed. installed; provided, however, at'the written punitive,top oft sequential, request of the SID;. OPPD will install the or incidentaE'damages,or lostprofi[s. Facilities,prior to completion of installation by' 11. Assignment. This.Agreement shall SANITARY AND IMPROVEMENT DISTRICT the aforesaid suppliers and,in such event,SID be binding upon and.inure to thebenefit of NO.614 OF DOUGLAS COUNTY,NEBRASKA shall reimburse OPPD for damage to,relocation the parties and their successors or assigns; or replacement of the Fadlities arising from provided, neither party may assign or By:Eugene Graves Jr.,Chairman the installation of equipment by such suppliers otherwise transfer this Agreement or the rights Peter Katt,Clerk and shall defend,indemnify and hold harmless or privileges herein granted to a third party OPPD'and'its contractors and employees in'- without the prior written consent of the other 8/3,8/10 ZNEZ connection therewith. : - party, 4. Service During Construction. if SID 12.. Notices. All notices or other requires electric service during construction, communications which--rare—require -or or if dwellings are constructed within the SID' permitted herein shall::.be m writing:and before''-commencement of installation of the sufficient if delivered:: personally,>sent by Facilities under the terms of this Agreement, facsimile transmission followed by written. then SID shall arrange for appropriate confirmation of receipt, sent by overnight' temporary facilities to supply electric power at commercial air courier br sent be registeredor. the OPPD installation rates then in effect;and certified mail, postage prepaid,retum receipt shall pay OPPD for such temporary fadlities requested, to theparties at their addresses prior to the installation thereof. :. or facsimile numbers set forth on Exhibit'B" S.Payment. hereto(which exhibit may be changed by time to time by notice of either party). 5.1 Prior to commencement of installation 13.Governing Law.This Agreement shall of the Facilities,SID shall pay OPPD the sum of be governed by and interpreted in accordance $1,500.00 per lot for each of the lots listed in with Nebraska law,without regard to its conflict Exhibit"A;for a total payment of$291;000.00. of laws principles. No portion of this payment will be subject to refund byOPPD. • 'eta E&A CONSULTING GROUP,INC. • Engineering Answers 10909MIII lallelRcad,Salta 100 •Omaha,NE581543950 • P 402.895.4700 •f 402495.3599 • • www.eacg.com May 30, 2022 Chairman and Board of Trustees • Sanitary and Improvement District No. 614, Douglas County I c/o Mr. Larry Jobeun,Attorney 11440 West Center Road • Omaha NE 68144 • RE: ELECTRICAL DISTRIBUTION MAJESTIC POINTE II'CLOTS 1-194) E&A#2020.091.001 Deer Mr. Jobeun and-Board Members: • Payment 1s recommended to Omaha Public Power District(OPPD)forthe Installation and operation by OPPD of an electrical underground service system for SID 614, Douglas County, Nebraska, In accordance with the attached agreements,which • . will provide electrical services for the use of the residents of the SID. Our review of the plans: and specifications as submitted by OPPD indicates..an electrical system in conformance with accepted engineering practices,and it is our recommendation that said plans and specifications be approved and accepted by the SID.• We have reviewed the cost estimate In the amount of$291,000.00:and find that for the quantities and material proposed to be installed, this estimate appears to be substantially correct. This cost.Is also In accordance with current OPPD policy. The.engineering estimate for the total cost of the proposed Improvements, Including engineering, supervision, publications, legal,interest and miscellaneous cost is as follows: • Total Construction Cost (1.94 lots @$1500/lot) $2,91,000.00 Engineering, Supervision, Publication Legal, Interest and Miscellaneous Costs $ 93.120.00 TOTAL.ESTIMATED COST $384,120.00 We recommend payment to Omaha Public Power District in the amount of$291,000.00, • The area which may be subject to special assessment:for said Electrical Distribution System Is proposed to be said boundary of SID 614, Douglas County, Sincerely, • • • E&A CONSULTINGUP Caleb W. Beasley, P.E. • FHNSON L BELLER L THE DAILY RECORD 11440 West Center Road Omaha,Nebraska 68144 OMAHA OM A H A SANITARY AND IMPROVEMENT OF DISTRICT NO.614 OF JASON W.HUFF,Publisher DOUGLAs COUNTY,NEBRASKA PROOF OF PUBLICATION NOTICE OF MEETING AND RESOLUTION UNITED STATES OF AMERICA, NOTICE IS.HEREBY GIVEN that a meeting of the Board of Trustees of Sanitary and The State of Nebraska, 98. Improvement District Noi 614 of Douglas District of Nebraska, County will be field:10:30 a.m. on August 1B,2022,which meeting will be open to the County of Douglas, public for in person attendance at 11940 W. City of Omaha, Center Road,Omaha,Nebraska,which meeting shall be held in accordance with the Nebraska Open Meetings Act. An Agenda for such JASON W.HUFF and/or NIHLAUS STEWART meeting is available for public inspection at the office of the District's counsel during normal being duly sworn,deposes and say that they are the business hours, and includes the payment of bills of the District and the consideration and passing or amending and passing the following PUBLISHER and/or LEGAL EDITOR Resolution,to-wit: of THE DAILY RECORD, of Omaha, a legal newspaper,printed and BE IT RESOLVED that the Board of Trustees', of Sanitary and Improvement District No. published daily in the English language, having a bona fide paid 614 of Douglas County, Nebraska find and circulation in Douglas County in excess of 300 copies, printed in determine le and necessary for the Distract to install t it is advisatithe underground Omaha,in said County of Douglas,for more than fifty-two weeks last electrical distribution system and related past;that the printed notice hereto attached was published in THE equipment, and make a payment to Omaha Public Power District in connection DAILY RECORD,of Omaha.on therewith (Majestic Pointe II — Lot 195), August 3 which improvements shall be constructed In accordance with-the following agreement: & 10, 2022 UNDERGROUND SFRVICEAGREEMFNT Agreement made on this day of 2022, between the OMAHA PUBLIC.POWER. DISTRICT,.hereinafter referred to as"OPPD". That said Newspaper during that time was regularly published and and SID No.614 of Douglas County,Nebraska, in general circulation in the County of hereinafter referred to as`the Developer". Douglas,and State of Nebraska. RECITALS GENAL NOTARY•State of Nebraska 9)1,l A- 1.OPPD is a.public JER PAYTON LUNDBEF$absc ibed in a{y,p �ce and sworn to before power district organized land existing-under the-laws of the State of ' My Co n3.MAiRe 30,2026 1 th • Nebraska and is engaged in supplying electric day of service to portions of the Stateof Nebraska. August 2 2.The Developer is the owner of certain'. Additional Copies $ d 20 land in Douglas County, Nebraska and-more 335.09 particularly described. in Exhibitattached t "A",dalso Total $ �;, 1 I I l ]n (� known as Majestic Pointe II, th also 1`(fosa rx Vv'1 tS+ and hereby Incorporated into this Agreement, lie in and for Douglas Coup which property Is hereinafter referred to as State of Nebraska 'the Development'.3. The Developer proposes that OPPD install and maintain 200 amp, 3-phase,'. 13.8kv mainline underground electric cable (hereinafter"Facilities") in dedicated right of way or easements within the Development. • THEREFORE,in consideration of the mutual promises and covenants contained herein,the eaAiese agree ae.rnllowc:. . . I. INSTALLATION OF FACILTRES& COMPENSATION Subject to the terms and conditions of this • Agreement,OPPD shall install and maintain the • main line Facilities.The.Developer shall pay to • OPPD,in advance of any work hereunder,the sum of 15.606 acres x$4,060=$63,360.00 for the main line Facilities.OPPD's work hereunder • shall be commenced within a reasonable time of notice from Developer that Developer has completed the requirements of paragraphs I, III, V, VI;and VIII of this Agreement. No . portion of this payment will be subject to refund by OPPD. II. INDIVIDUAL ELECTRIC SERVICE VII.ACCESS FOR DISTRICT EQUIPMENT If a petition opposing this-Resolution,signed by property owners representing a majority of Following installation of the Facilities, the front footage-which may become subject to upon request, OPPD shalt instill equipment I The Developer shall maintain unimpeded assessment for the cost of the improvements to supply electric service from the-Facilities working access for OPPD's equipment as set forth herein,Is filed with the Clerk of the to individual customers in the Development in connection with the construction and usingDip maintenance of the Facilities referred to in this to heariict ng within this Resolution,(3)dap before the date of required T mounted switchesf installing and the el mers the bearing on this this Resolution as service efeThe cost ofis pare the electric Agreement shall not be passed. referred to in -this paragraph shall, be governed by OPPD's then current Line VIII. SANITARY AND IMPROVEMENT DISTRICT Extension Manual, acopy of which will be INSTALLATION OF CONDUITS NO.614 OF DOUGLAS COUNTY,NEBRASKA provided to Developer or individual customers i n on request. OPPD will provide and Install two(2) non- , By:Eugene Graves Jr.,Chairman metallic con ,where needed, at proper - Peter Kati,Clerk III. depth to permit installation of cable under EASEMENT RIGHTS AND RESTRICTIONS paving and curbs. In the event that paving 8/3,8/10 ZNEZ is completed before installation of crossings, The Developer shall provide by dedication OPPD will install such non-metallic conduit all land and easements for OPPD's Facilities' where needed and will then determine the located c within the Development p The use of number of conduits at each location. OPPD any such easements shall be permanently will provide the Developer h an exhibit restricted as follows: indicating locations of crossings. (a) permanentNo buildings,structures,rock- - walls or retaining walls shall,be constructed IX. within any easement area,and no trees shall'. RESPONSIBILITY FOR DELAY be planted within any easement area. (b) At the option Of the Developer, their'. OPPD shall not be responsible for any cost heirs,successors or assigns,an easement area overruns or other damages that result from may be used for gardens,shmbs;and other the delay in completion of work'provided for landscaping and driveways that do not interfere In this Agreement;.where-such delay is caused with or damage--the. Fadlities or interfere by casualty, labor dispute; material shortage, with-OPPD's use of and access to any such Inclement weather or other causes that are easement.The resUithtnsnndsusesrt atlined.: beyond the reasonable control of OPPD. in this paragraph shall be incarpone(eA in writing,into any easementthat%is>exeduted in - - X. connection with this Agreement,and all such ENTIRE AGREEMENT easements(whether by-dedication on a plat or. < - by individual-docurpent),shall be duly filed and This instrument constitutes the entire recorded with theR'egrster of Deeds,Douglas': Agreement between the parties hereto with County,Nebraska: respect to the Development, and sets forth the rights; duties, and obligations of each IV. to the other as of Its effective date. Any CONSTRUCTIONWORK prior agreements, promises, negotiations, or representations not expressly set forth in this All work done under the terms of this contract are of no force or effect. Agreement shall be:performed in accordance with and subject to relevant codes and XI. standards and-written plans and specifications BINDING AGREEMENT that will be Issued by OPPD. The Developer'.. agrees that: - . - This-Agreerhent shall"binding upon the parties hereto, their heirs, successors and (a)OPPD shall not be required to-construct' assigns. - - - Its Fadlities in sections that are smaller than may be economically Installed;and The outer boundaries of the area which (b)OPPD shall not berequired to extend its may become subject to special assessments Facilities beyond a point or points reasonably for said improvements areproposed to be required to supply electric service to buildings: the same as the outer boundaries of Sanitary already constructed or in the process of being 7 and Improvement District No.614 of Douglas constructed in:the Development ' County,Nebraska. - (c)Upon written request,OPPD will provide Said agreement and payments to be made Developer with any readily available drawing j to OPPD related thereto have been reviewed by that depicts the-installed-Facilities. f E&A Consulting Group,Inc.,engineers for the V.: District and said engineers have filed with the PREPARATION-OF AREA Clerk of the District;prior to the*firsepublieation of this Resolution;an estimate ohthetotaltosts TheDeveloper shall:remove at its sole of said-improvements including-.engineering expense, any trees, vegetation and other fees,legal fees;fiscalfees,interest and other surface or subsurface obstructions that interfere, miscellaneous costs, Which estimate is in the with or impede the construction of OPPD's: sum of$85,000.00. Fadlities,or which may,In the opinion of OPPD,1 To pay the cost'of.said Improvement the constitute a hazard to maintenance of said Board ofTrustees-shall have the power to Facilities. OPPD'will coordinate constructonj issue-negotiable bonds of-the District after of the.Facilities so as to avoid disruption of- such improvements have been completed and existing underground utilities. accepted; said bonds to be called"Sanitary and Improvement Distdd Bonds"and shall.be W,. payable anti bear interest as provided by the GRADING BY DEVELOPER Statutes of the State-of Nebraska. The..Board:of Trustees-shall assess to the The Developer shall complete the-final'. extent of special benefits, the cost of such grading of all areas wherein OPPD's Facilities improvements upon properties specially are to-be located prior to the Installation of benefitted thereby. All special assessments such.Facilities; and shall identify all individual which may be levied upon the properties lots in the Development with readily visible specially benefited by such improvements shall, slakes or pins.The'Developer shall reimburse when collected,be set aside and constitute a OPPD for any and all costs that OPPD may sinking fund for the payment of interest and incur in-relocating OPPD's installed Facilities as principal of said bonds. The District shall also a result of any change in plat-or grade by the cause to be levied annually a tax upon the Developers.OPPD will use reasonable efforts to assessed value of all of the taxable property coordinate its construction work with the work in the District except intangible property,which of Developer's contractors at the Development. together with said sinking fund derived from special aswcsments shall be suffident to meet payment of the interest:and prnndpal of said bonds as the same become due;said tax shall be known as the Sanitary and-Improvement District Tax and shall.be:payable annually in money. coo. E&A CONSULTING GROUP,INC. Engineering Anrivera 10909MIII Valley Read,Suite 100•Omaha,NE68154-3950 P 402.8954700 • F 402.895,3599 www.eacg.com. May 31,2022 0o Chairman and Board of Trustees Sanitary and Improvement District No. 614, Douglas County c/o Mr..Larry Jobeun,Attorney 11440 West Center Road Omaha NE 68144 sI RE: ELECTRICAL DISTRIBUTION MAJESTIC POINTE II (LOT 195) E&A#2020.091.001 ' Dear Mr, Jobeun and Board Members: Payment is recommended to Omaha Public Power District(OPPD)for the installation and operation by OPPD of an electrical underground service system for SlD 614, Douglas'County, Nebraska, In accordance with the attached.agreements,Which will provide electrical services for the use of the residents of the SID. Our review of the plans and specifications as submitted by OPPD indicates an electrical system In conformance with accepted engineering practices,and it Is our recommendation that said.plans and specifications be approved and accepted by the SID. . We have reviewed the cost estimate In the amount of.$63,360.00 and find that for the quantities and material proposed to be Installed, this estimate appears to be substantially correct.. This cost Is also in accordance with current OPPD policy. The engineering estimate for the total cost of the proposed Improvements,:including engineering, supervision, publications, legal, interest and miscellaneous cost Is as follows: Total Construction.Cost (15.606 acres©$4,Q6Ofacre) 583,360.00 Engineering, Supervision, Publication Legal, Interest.and Miscellaneous Costs $20,275.00 TOTAL ESTIMATED COST $83,635.00 We recommend payment.to Omaha Public Power District In the amount of$63,360.00, The area which may be subject to special assessment for said Electrical Distribution System is proposed to be said boundary of SID 814, Douglas County.. Sincerely, E&�A CONSULTING ROUP Caleb W, s ey, P,E. • ULLENKAMP FHNSON&B LLERLL THE DAILY RECORD BEUN 1 e West SELLER Lad 11440 Center Road 77a�,,��,,��v�,� L'fi1A Omaha,Nebraska 68144 OF OLfI SANITARYDISTRICT NO.614 OF IMPROVEMENT JASON W.HUFF,Publisher °°°GLAS COUNTY,NEBRASKA PROOF OF PUBLICATION NOTICE OF MEETING AND RESOLUTION UNITED STATES OF AMERICA, NOTICE IS HEREBY GIVEN that a The State of Nebraska, meeting of the Board.of Trustees of Sanitary SS. and Improvement District No.614 of Douglas District of Nebraska, • County will be held 10:30 a.m.on August 18, 2022, which meeting shall be open to County of Douglas, the public for in person attendance at 11440 City of Omaha, W. Center Road, Omaha, Nebraska, which meeting shall be held in accordance with the Nebraska Open Meetings Act. An agenda for JASON W.HUFF and/or NIRLAUS STEWART such meeting, kept continuously current is available for public inspection at the office of being duly sworn,deposes and say that they are the the District's counsel during normal business hours, the same Including the payment of bills and other business of the District and the PUBLISHER and/or LEGAL EDITOR consideration and passing or amending and passing the following Resolution,to-wit: of THE DAILY RECORD, of Omaha, a legal newspapeq printed and BE IT RESOLVED that the Board of, published daily in the English language, having a bona fide paid Trustees-of Sanitary and Improvement" circulation in Douglas County in excess of 300 copies, printed in District No. 614 of Douglas County,Nebraska find and determine that it is Omaha,in said County of Douglas,for more than fifty-two weeks last advisable and necessary for the District to past;that the printed notice hereto attached was published in THE reimburse SID No.581 of Douglas County for and in consideration of the District's cost DAILY RECORD,of Omaha,on sharing of certain public improvements thataugust.3 were constructed and installed pursuant to the terms and conditions set forth in the & 1�, 2022approved Subdivision Agreement and as required by the City of Omaha,said public'. improvements being known as the Reynolds'. Street Improvements. BE IT FURTHER RESOLVED that That said Newspaper during that time was regularly published and them Board of trictTrusteesNo.o614.of Douglasary and! in general circulation in the County of Doughty a>a�.State pf Nebraska. Improvement Board o District f1S of /r_ /f/` County, Nebraska find that in connection with the above Resolution of Necessity,the'' - GENERAL NOTARY-State of Nett@__ reimbursement payable to SID No.581 for `p"'' in my sworn to before said Reynolds Street Improvements, less 'I PAYTO I14BE Og6nce soft custs,is in the estimated total amount p�m. June 30,2 this dayof of$267,601.36.. • '' '%- :Feet'Cop• The outer boundaries.of the area which August 22 may become subject to special assessments; Additional Copies $ �1 1 ND? ^20—. for said improvements are proposed ro.be Total $ 131.41 ,( \� ti ,t�^j r y ,p the same as the.outer boundaries of Sanitary ,ri/I A, 1 V t /'� and Improvement District No.614 of Douglas i o Public in and for Douglas County County,Nebraska. State of Nebraska The total .costs of fees to be paid by' the District for and in connection with the reimbursement payable to SID No. 581 and pursuant to the previously approved Subdivision Agreement relating thereto, including engineering fees, legal fees, fiscal • fees, interest and other miscellaneous costs,; is estimated to be in the sum of$350,000.00. t TheBoard of Trustees shall assess to the To pay the cost of said Improvement the i extent of special benefits, the cost of such Board of Trustees shall have the power to improvements upon properties specially issue negotiable bonds of.the District after'. . benefitted thereby. All special assessments' such improvements have been completed and which may be levied upon the properties accepted; said bonds to be.called "Sanitary', specially benefitted by such improvements shall, and Improvement District Bonds"and shall be when collected,be set aside and constitute a payable and bear interest as provided by the', sinking fund for the payment of interest and . Statutes the State of Nebraska. principal of said bonds. The District shall also • cause to be levied annually a tax upon the assessed value of all of the taxable property in the District except intangible property,which together with said sinking fund derived from . special assessments shall be sufficient to meet payment_oLthe interesLand:-prindpat of said • bonds as the same become due;said tax shall be known as the Sanitary and Improvement District Tax and shall be payable annually In ' money. • If a petition opposing this Resolution,signed by property owners representing a majority of the front footage which may become subject to assessment for the cost of the improvements as set forth herein,is filed with the Clerk of the District within three(3)days before the date of the hearing on this Resolution,this.Resolution shall not be passed. SANITARY AND IMPROVEMENT DISTRICT NO.614 OF DOUGLS COUNT;NEBRASKA • By:Eugene Graves Jr.,Chairman - i Peter Katt,Clerk 8/3,8/10 ZNEZ .e•a E s A'tONSUEtING GROUP,INC. • EnglneerIne Answers 10909MIIIValley(load,,Sults 100 ••Omaha,.NE'.68754;39$0 P401895,4700 •F402:895,3599 www:eacg:c ni July 14, 2022 Chairman and Board of Trustees • Sanitary and Improvement District No.614, Douglas County • do Mr. Larry Jobeun, Attorney 11440 West Center Road, Suite C Omaha, NE 68144 • • RE: INTERLOCAL COOPERATION AGREEMENT BY AND BETWEEN SID 581 and DOUGLAS COUNTY, NE, and SUBDIVISION AGREEMENT BY AND BETWEEN SID 614 and CITY OF OMAHA NE E&A#2018.330.001 (1681h Street—Potter St to Reynolds Street Improvements) Dear Mr. Jobeun and Board Members: The Interlocal Cooperation Agreement betweeh SID 581 and DOUGLAS COUNTY;NE for the 168°' Street- Potter Street to Reynolds Street Improvements was executed, SID 581 and Douglas County shared the cost of the Design, Engineering, CA/CM and Testing. The project has been completed and final payment has been made. In the SUF portion of the Subdivision Agreement between SID 614 and the CITY OF ,OMAHA states that SID 614 will have a contribution for the above-mentioned Improvements. The agreement states that SID 614 will reimburse SID 581 for 50%of the costs that are mutually beneficial. The 168'h Street improvements are complete. The final pay estimate for the improvements was submitted to DOUGLAS COUNTY, NE by E&A on November 29,2021 and is attached. Also attached is a revised Exhibit with final construction costs and revised cost sharing. The final cost of the SID 614 contribution to the east phase of the exterior road improvements are as follows: Actual Construction Cost $ 387,338.94 Design, Engineering, CA,Testing $ 104,581.51 Leaal and Fiscal Fees $ 81.166.87 TOTAL SID ESTIMATED PROJECT COST $ 573,087.33 SID 614 Share $ 267,601.36 SID 614 Share Due Now $ 267,601.36 In accordance with the Interlocal Cooperation Agreement, SID 614 is requested to remit$267,601.36 to SID 581 within 45 days of receipt of this letter. Payment should be remitted to: SID No. 581, Douglas County, NE Mr. Daniel D Walsh,Attorney 11330 Q Street • Omaha, NE 68137 Sincerely, E &A CONSULTING GROUP, INC. Engineers for SID 581 • Joan M Green, P.E. Project Manager E&A Consulting Group,Inc. Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#614 June 30,2022 c/o Mr.Larry Jobeun,Attorney Project No: P2020.091.000 11440 West Center Road Invoice No: 162544 Omaha,NE 68144 Project P2020.091.000 614-Majestic Pointe II in Omaha,NE-District Maintenance Professional Services from May 16,2022 to June 12,2022 Phase 122 2022 District Maintenance Task 000 Administration Professional Personnel Hours Rate Amount Administrative Assistant III 2.75 105.00 288.75 Totals 2.75 288.75 Total Labor 288.75 Total this Task $288.75 Task 135 Diggers Hotline Professional Personnel Hours Rate Amount Construction Technician III .10 121.00 12.10 Totals .10 12.10 Total Labor 12.10 Total this Task $12.10 Total this Phase $300.85 Phase 222 2022 Erosion&Sediment Control Inspection Task 196 Erosion Control Professional Personnel Hours Rate Amount Environmental Scientist I 9.55 85.00 811.75 Environmental Scientist II 1.25 106.00 132.50 Environmental Scientist IV .25 139.00 34.75 Totals 11.05 979.00 Total Labor 979.00 Total this Task $979.00 Total this Phase $979.00 Phase 999 Reimbursables Unit Billing Mileage 27.64 Total Units 27.64 27.64 Total this Phase $27.64 Total this Invoice $1,307.49 Approved By: Robert Czerwinski Bluestem Capital Partners Inc Invoice 1414 N 205th Street, Suite#1 Omaha, NE 68022 Date Invoice# (402) 391-7977 7/26/2022 2767 Bill To: SID#614 of Douglas County Nebraska c/o Fullenkamp, Jobeun, Johnson & Beller Attn: Mr. Larry Jobeun 11440 West Center Road Ste. C Omaha, NE 68144-4420 Description Amount Financial Advisor/Fiscal Agent Services for Fiscal Year 2022-2023 10,500.00 Annual Flat Fee per Contract If the District is not on a Cash Basis in the Bond Fund, this must be Paid through the General Fund We are required by the Municipal Securities Rulemaking Board Amended Rule G-10 which became effective on October 13, 2017, to provide in writing to our Municipal Advisory clients at the inception of the municipal advisory relationship and annually thereafter, the following information: (i) Bluestem Capital Partners Inc. is a registered Municipal Advisor with the U.S.Securities and Exchange Commission as well as the Municipal Securities Rulemaking Board: (ii) The website address of the Municipal Securities Rulemaking Board is www.msrb.org; and (iii) On the Municipal Securities Rulemaking Board's website is an investor brochure that is available to you which describes the protections that may be provided by the Municipal Securities Rulemaking Board's rules and also the procedures to file a complaint with an appropriate regulatory authority. If you have any questions, please do not hesitate to call. Total $10,500.00 Payments/Credits $0.00 Balance Due $10,500.00 eoa E CONSULTING GROUP,INC. Engineering Answers 10909 MIII Valley Road,Sulte 100 • Omaha,NE 68154-3950 P 402.895.4700 •F 402.895.3599 www.eacg.com August 2, 2022 Sanitary and Improvement District 614, Douglas County % Mr. Larry Jobeun Fullenkamp, Jobeun, Johnson & Beller 11440 West Center Road Omaha NE 68144 RE: TESTING - MAJESTIC POINTE II PAVING -SECTION I E & A#P2020.091.001 (TESTING) Dear Mr. Jobeun and Board Members: Enclosed is invoice 77438 from Thiele Geotech in the amount of $6,357.00 which we recommend for payment. This invoice is for concrete, compressive strength, and compaction testing of the paving within Majestic Pointe II. If you have any questions relative to the above, please contact us. E & A CONSULTING GROUP, INC. lfukttNysfg__ Randall L. Pierce RLP/mc cc: Thiele Geotech 13478 Chandler Road INVOICE Omaha,office 56-78.1 fax 402-556-2171 offlce/40 han 138.37ax *L. Geofech Inc www.thielegeotech.com Project No: 01.20630.04 h � .t��y, T?M 1 p�""�'� { � Project Majestic Pointe II(East)-Paving a - s'' b N1 7 , a". Li / rv�t-tirv� Location: North 168th Street&State Street,Omaha,NE `�''""'� °� ' ti f'f s',Ax IE � rX., Project Manager:Cody Kimball REMIT TO: 13478 Chandler Road Omaha, Nebraska 68138-3716 FTIN 47-0794664 Online Payments Available at: Bill To: Randy Pierce www.thielegeotech.com SID 614 c/o E&A Consulting Group,Inc. TERMS: Due Upon Receipt 10909 MIII Valley Road,Suite 100 PAST DUE BALANCES SUBJECT TO 1.25%SERVICE Omaha,NE 68154 CHARGE PER MONTH RECEIVE AUG 01 2022 .3 Ann-i ¢¢s c , o U r id $ ° t a ert tEW� . . p rio Ra rc h .. , I , a Ti, hC W Jr ,) 1 a.44.1,N. L toA.a nc.Pi.tail(.., 11S1 2. . n k e _ :A tiltlA Sample/Location Details Units Description Unit Cost Total Cost Work Order ID:22-08263 w--) 15.00 Compaction Test(ea.) $42.00 $210.00 Date:6/27/2022 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Work Order ID:22-08331 1.00 Trip Charge-Zone 1 Metro Area(Ma) $68.00 $68.00 Date:6/27/2022 / Work Order ID:22-08632 ,...1 - ✓4.00 Compressive Strength of Cylinder(ea.) $20.00 $80.00 Date:6/29/2022 1.00 Concrete Test Set(slump/air/temp/cast4-4'k8"OR $90.00 $90.00 3-6"x12"cyl) 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Work Order ID:22-08828 1.00 Trip Charge-Zone 1 Metro Area(/tdp) $68.00 $68.00 Date:6/30/2022 Work Order ID:22-09175 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Date:7/7/2022 Work Order ID:22-09256 A 48.00 Compaction Test(ea.) $42.00. $336.00 Date:7/8/2022 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Work Order ID:22-09327 V✓ ✓ 4.00 Compressive Strength of Cylinder(ea.) $20.00 $80.00 Date:7/8/2022 ✓1.00 Concrete Test Set(slump/air/temp/cast 44"xa"OR $90.00 $90.00 3-6"x12"cyl) 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Work Order ID:22-09419 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Date:7/9/2022 Work Order ID:22-08732✓I J 12.00 Compressive Strength of Cylinder(ea.) $20.00 $240.00 Date:7/12/2022 J 3.00 Concrete Test Set(slump/air/temp/cast 4-4"x8"OR $90.00 $270.00 3-6"x12"cyl) 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68,00 $68.00 V� Wy iv . , pit- tfl9yr}1ty � µEC5Ilti,l-' A1'r riili 5 liW lrs4pi it04.'t+-9r iMi :., i� q-id ; * ,i c, I �p 2 tI LD5,1;.�4C...,�! i °v;__.h r,l: tlilin5..%".iiL � r_55i:5tifli. 1�3d„_.i,idl_ g/.srh,.1r,. �i is?3k i t liVR .Lj," ,. ._ 5i1,5 :72M t 1 a 2000-2022 QESTLab by SpectraQEST.com Page 1 of 3 13478 Chandler Road • INVOICE Omaho,officeNe /4s2a 56-781fax ®� 402.556.2171 hieleg 56-7831 fax *ThieleGeolech Inc www.thlelegeotech.com Project No: 01.20630.04 , ,v, J1 - r , '" �t 4 a' l!'x7#p"*� T Project: Majestic Pointe II(East)-Paving AI re pf�T' 1 � ' A'so igmrte i?r(o , RP Location: North 168th Street&State Street,Omaha,NE f Project Manager:Cody Kimball REMIT TO: 13478 Chandler Road Omaha, Nebraska 68138-3716 FTIN 47-0794664 Online Payments Available at: Bill To: Randy Pierce www.thielegeotech.com SID 814 c/o E&A Consulting Group,Inc. TERMS: Due Upon Receipt 10909 Mill Valley Road,Suite 100 PAST DUE BALANCES SUBJECT TO 1.25%SERVICE Omaha,NE 68154 CHARGE PER MONTH • r'A mta i ,r '1�d: y d (,"akrl ,d -fir r pH E�,,t.fi`fi rpa,'a^ `1s Tat 6 7g xlt#e'f3 9 ''n Wi ptfi+�v �ay}A�+p,x�yyh i ifti 7 r . �'Q�}, li�]�.. i `y'; 2wE ,?fb,G,fk ',tr.. "�.-. 1•,),i: ...1:1. �',di?<ig:,Tr' ftit.. ti k _ hligt,: ,my.�,'f Tay LS=AS, xlt.a ,-;k1i.:. i' '�'"x..d Li a s:._ Sample/Location Details Units Description Unit Cost Total Cost Work Order ID:22-09648 ✓) './e.00 Compaction Test(ea.) $42.00 $252.00 Date:7/13/2022 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 • Work Order ID:22-09699 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Date:7/13/2022 Work Order ID:22-09744 ✓-/ ./2.00 Compaction Test(ea.) $42.00 $84.00 Date:7/14/2022 1.00 Trip Charge-Zone 1 Metro Area(/trip) - $68.00 $68.00 Work Order ID:22-09745 ✓- J12.00 compressive Strength of Cylinder(ea.) $20.00 $240.00 Date:7/15/2022 J 3.00 Concrete Test Set(slump/air/temp/cast4-4"x8"OR $90.00 $270.00 3-6"x12"cyl) 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 • • Work Order ID:22-09992 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Date:7/16/2022 Work Order ID:22-09855'4. J 4.00 Compressive Strength of Cylinder(ea.) - $20.00 $80.00 Date:7/18/2022 1.00 Concrete Test Set(slump/air/temp/cast4-4"x8"OR $90.00 $90.00 J 3.6"xl2"cy0 • 1.00 Additional Air Content Test(ea.) $28.00 $28.00. 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68:00 Work Order ID:22-09746 ✓J J16.00 Compressive Strength of Cylinder(ea.) $20.00 $320.00 Date:7/19/2022 J4.00 Concrete Test Set(slump/air/temp/cast4-4"x8"OR $90.00 $360.00 3-6"x12"cyl) 1.00 Engineering Technician(/hr.) $82.00 $82.00 1 1.00 Trip Charge-Zone 1 Metro Area(grip) $68.00 $68.00 Work Order ID:22-10156 ✓-I 44.00 Compressive Strength of Cylinder(ea.) $20.00 ' $80.00 Date:7/20/2022 . J 1.00 Concrete Test Set(slump/air/temp/cast 4-4"x8"OR $90.00 $90.00 3-6"x12"cyl) 1.00 Trip Charge-Zone 1 Metro Area(/trlp) $68.00 $68.00. Work Order ID:22-10157 J 8.00 Compressive Strength of Cylinder(ea.) $20.00 $160.00 Date:7/21/2022 j 2.00 'Concrete Test Set(slump/air/temp/cast 4-4'k8"OR $90.00 $180.00 3-6"x12"cyl) • 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 pE*1,y-i 4 n A <"Iau ,.pit' r t d 4 )x i r �sll,ffi[+7S tir,PTIE3KEf $"_7 i� 1 tw1 EWEI airin b fi^o 11 i 1+ ^� 2 t 'p ±�1'-.rrLIJEli :11J�'6tiki,�"$d.v'r'a ,atril M4�>A3E r i"'2L43 t_S� � r ri 4533) 14 f t� nrikr ri 3 l �Mu� INE d.Y.e�,.- -kt „- Xm. b�r➢_ v,.,a..s.1L=.....�,..N .c ri_.__<_ J., '4id uja,E�r' ti:..:..�.,a e 2000-2022 QESTLab by SpectraQEST.com Page 2 of 3 13478 Chandler Road INVOICE Omaho,officeNebraska 68138-3716.71 fx 402.556-2177 134 8 Chandler Road www.th lelegeotech.com Thiele Geofech Inc Project No: 01.20630.04 t Th1 Y lr r 't� , VIl Project Majestic Pointe II(East)-Paving ,4,. �� it. Location: North 168th Street&State Street,Omaha,NE �'!"E,f'..eZ .mrs *�Tx.C�a i Eft �u r. -a Project Manager:Cody Kimball REMIT TO: 13478 Chandler Road Omaha, Nebraska 68138-3716 - FTIN 47-0794664 Online Payments Available at: Bill To: Randy Pierce www.thielegeotech.com SID 614 c/o E&A Consulting Group,Inc. TERMS: Due Upon Receipt 10909 Mill Valley Road,Suite 100 PAST DUE BALANCES SUBJECT TO 1.25%SERVICE Omaha,NE 68154 CHARGE PER MONTH g e r r t w 44� i:Q�ta>LIAtItt ilant RJ, Sample/Location Details Units Description Unit Cost Total Cost Work Order ID:22-10158-4 ,1 4.00 Compressive Strength of Cylinder(ea.) $20.00 $80.00 Date:7/22/2022 1.00 Concrete Test Set(slump/air/temp/cast 4-4"x8"OR $90.00 $90.00 3-65(12"cyl) 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Work Order ID:22-10503 ✓i )4.00 Compressive Strength of Cylinder(ea.) $20.00 $80.0Q Date:7/25/2022 1.00 Concrete Test Set(slump/air/temp/cast4-4"x8"OR $90.00 $90.00 3-8"x12"cyl) 1.00 Trip Charge-Zone 1 Metro Area(/trip) $68.00 $68.00 Work Order ID:22-10682 7.00 Project Engineer(Mr.) $135.00 $945.00 Date:7/25/2022 Total: $ 6,357.00 MfCFI r „�t�.o. ... „ @ 2000-2022 QESTLeb by SpectraCEST.com Page 3 of 3 e 0 a E&A CONSULTING GROUP,INC. Engineering.Answers 10909 Mill Valley Road,Suite 100• Omaha,NE 68154-3950 P 402.895.4700 • F 402.895.3594 www.eacg.com August 5,2022 Board of Trustees Sanitary and Improvement District No.614,Douglas Co. , Mr.Larry Jobeun,Atty 11440 West Center Road Omaha,NE 68144 RE: Pay Estimate No.1 -Majestic Point II Channel Improvements-Section I Armodus,LLC E&A#2020.091.001 Board Members: We certify that to the best of our knowledge,Armodus,LLC,has satisfactorily completed the below-itemized quantities of work under their construction contract for Channel Improvements-Section I,and we recommend payment to them in the amount shown: BID BID QUANTITY UNIT ITEM NO DESCRIPTION QUANTITY TO DATE UNIT PRICE AMOUNT 1. MOBILIZATION 1.00 1.00 LS 8,820.00 8,820.00 2. CLEARING AND GRUBBING-GENERAL 1.00 1.00 LS 3,150.00 3,150.00 3. CLEARING AND GRUBBING TREES 9"TO 18"DIAMETER 5.00 5.00 EA 200.00 1,000.00 4. CLEARING AND GRUBBING TREES 18"TO 27"DIAMETER 3.00 3.00 EA 600.00 1,800.00 5. CLEARING AND GRUBBING TREES 27"TO 36"DIAMETER 1.00 1.00 EA 1,000.00 1,000.00 6. CONSTRUCT SHEET PILING 1.00 1.00 LS 41,424.00 41,424.00 7. REMOVE SIDEWALK 750.00 0.00 SF 0.80 0.00 8. CONCRETE SIDEWALK 750.00 0.00 SF 5.50 0.00 9. CONSTRUCT TYPE B RIP-RAP 250.00 255.40 TON 106.00 27,072.40 10. INSTALL SEEDING AND MATTING 2,225.00 0.00 SY 2.20 0.00 EXTRAS TOTAL AMOUNT EARNED TO DATE 84,266.40 10%RETAINED FIRST 50%CONTRACT $4,665.70 5%RETAINED REMAINING OF CONTRACT $1.880.47 AMOUNT DUE CONTRACTOR,EST.#1 $77,720.23 We certify that to the best of our knowledge,the above quantities are correct and the amount of $77,720.23 is due Armodus,LLC Very truly yours, E&A CONSULTING GROUP,INC. Randall L.Pierce,P.E. Construction Engineer cc: Armodus,LLC con E&A CONSULTING GROUP,INC. Engineering Answers 10909 MRI Valley Road,Suite 100 • Omaha,NE 6 815 4-3 95 0 P 402.895.4700 • F 402.895.3599 www.eacg.com August 16,2022 Board of Trustees Sanitary and Improvement District No.614,.Douglas Co. °A Mr.Larry Jobeun,Atty 11440 West Center Road Omaha;NE 68144 RE: Pay Estimate No. 10-Majestic Pointe II Storm Sewer and Paving System-Section I TAB Construction,Co. E&A#2020.091.001 Board Members: We certify that to the best of our knowledge,TAB Construction,Co.,has satisfactorily completed the below-itemized quantities of work under their construction contract for Storm Sewer and Paving System-Section I,and we recommend payment to them in the amount shown: BID BID QUANTITY UNIT ITEM NO DESCRIPTION QUANTITY TO DATE UNIT PRICE AMOUNT 1. REMOVE CURB 138.00 75.00 LF 11.00 825.00 , 2. REMOVE 24"CMP CULVERT 170.00 176.00 LF 15.85 2,789.60 3. REMOVE48"CMP CULVERT 190.00 0.00 LF 23.35 0.00 4. REMOVE END OF ROAD MARKER 6.00 0.00 EA 34.55 0.00 5. CONSTRUCT 7"CONCRETE PAVEMENT(TYPE L65 W/INTEGRAL CURB) 27,484.00 19,187.00 SY 42.85 822,162.95 6. CONSTRUCT 6"P.C.C.MEDIAN SURFACING 428.00 0.00 SF 11.60 0.00 7. SUBGRADE PREPARATION 9,175.00 6,396.00 CY 10.70 68,437.20 B. TIE BARS 36.00 36.00 EA 8.65 311.40 9. EXCAVATION ON-SITE(ESTABLISHED QUANTITY) 7,708.00 7,708.00 CY 6.00 46,248.00 10. ADJUST MANHOLE TO GRADE 45.00 33.00 EA 329.80 10,883.40 11. CONSTRUCT 18"RCP,CLASS III 2,302.00 2,208.00 LF 52.45 115,809.60 12. CONSTRUCT 24"RCP,CLASS III 1,260.00 1,237.50 LF 59.05 73,074.38 13. CONSTRUCT 30"RCP,CLASS III 1,231.00 1,216.00 LF 71.10 86,457.60 14. CONSTRUCT 36"RCP,D(0.01)=1,350 1,297.00 1,225.00 LF 95.50 116,987.50 ' 15. CONSTRUCT42"RCP,D(0.01)=1,350 277.00 267.00 LF 126.00 33,642.00 16. CONSTRUCT48"RCP,D(0.01)=1,350 191.00 80.00 LF 153.40 12,272.00 17. CONSTRUCT60"RCP,D(0.01)=1,350 120.00 120.00 LF 207.50 24,900.00 18. 8'-0"x8'-0"BOX CULVERT 114.80 114.80 LF 1,730.50 198,661.40 19. CONSTRUCT CURB INLET-TYPE I 31.00 18.00 EA 3,615.20 65,073.60 20. CONSTRUCT CURB INLET-TYPE II 2.00 0.00 EA 3,727.70 0.00 21. CONSTRUCT CURB INLET-TYPE III 11.00 8.00 EA 4,071.30 32,570.40 22. CONSTRUCT 54"I.D.STORM MANHOLE(FLAT TOP)(8) 53.00 44.30 VF 737.40 32,666.82 23. CONSTRUCT 60"I.D.STORM MANHOLE(FLAT TOP)(9) 20.00 27.90 VF 789.70 22,032.63 24. CONSTRUCT72"I.D.STORM MANHOLE(FLAT TOP)(1) 76.00 75.60 VF 865.70 65,446.92 25. CONSTRUCT 18"RC FLARED END SECTION 2.00 2.00 EA 612.80 1,225.60 26. CONSTRUCT 48"RC FLARED END SECTION 2.00 0.00 EA 1,746.50 0.00 27. CONSTRUCT 60"RC FLARED END SECTION 2.00 2.00 EA 3,886.70 7,773.40 28. CONSTRUCT 18"PIPE PLUG 1.00 0.00 EA 523.50 0.00 29. CONSTRUCT 24"PIPE PLUG 1.00 0.00 EA 562.30 0.00 30. CONSTRUCT 18"CONCRETE COLLAR 1.00 2.00 EA 523.50 1,047.00 31. CONSTRUCT 18"STORM SEWER TAP INTO 60"RCP 1.00 1.00 EA 2,259.10 2,259.10 32. INSTALL PIPE COUPLERS 36.00 18.00 EA 68.20 1,227.60 33. INSTALL EXTERNAL FRAME SEAL 2.00 0.00 EA 383.50 0.00 34. CONSTRUCT TYPE B RIP-RAP 121.00 134.60 TN 85.50 11,508.30 35. CONSTRUCT STREET NAME SIGN 24.00 0.00 EA 148.30 0.00 36. CONSTRUCT SIGN POST 12.00 0.00 EA 61.85 0.00 37. INSTALL SEEDING-TYPE A 2,500.00 0.00 SY 0.35 0.00 38. INSTALL EROSION CONTROL MATTING 2,500.00 0.00 SY 1.25 0.00 39. INSTALL SILT FENCE 500.00 0.00 LF 2.95 0.00 40. JET EXISTING SANITARY SEWER 7,999.00 0.00 LF 1.00 0.00 41. PROVIDE TEMPORARY TRAFFIC CONTROL 1.00 0.00 LS 3,495.00 0.00 42. CONSTRUCT 48"CHAIN-LINK FENCE 77.10 77.10 LF 122.00 9,406.20 43. ANTI-GRAFFITI COATING 1,200.00 1,200.00 SF 4.75 5,700.00 -' 44. CONSTRUCT 42"CMP 66.00 0.00 LF 148.70 0.00 45. REMOVE CONCRETE HEADER 38.00 0.00 LF 12.20 0.00 46. CONSTRUCT PCC SPEED HUMP 4.00 1.00 EA 8,853.70 8,853.70 47. INSTALL PERMANENT PREFORMED MARKING TAP-5"WHITE,GROOVE 100.00 0.00 LF 5.90 0.00 48. EXTRA DEEP CURB INLET-TYPE III 5.00 0.00 EA 5,150.00 0.00 49. REMOBILIZATION FOR CULVERT DELAY(IF NEEDED) 1.00 0.00 LS 1,495.00 0.00 EXTRAS A. CONSTRUCT 48"CMP 0.00 63.00 LF 224.46 14,140.98 B. Install BX 1100 Under Box Culvert 0.00 305.00 SY 1.75 533.75 C. Pothole Water Main-By Others 0.00 1.00 LS 1,663.75 1,663.75 D. Construct 3"Rock for Unstable Trench-60"RCP 0.00 15.00 Ton 38.30 574.50 . E. Relocation of Stockpile-By Others 0.00 1.00 LS 17,660.16 17,660.16 F. Relocate Riser and Drain Basin 0.00 1.00 LS 28,300.49 28,300.49 G. Grade Ditch and Back Yard,Lot 177 0.00 1.00 LS 2,200.00 2,200.00 H. Reconstruct MH to Grade 0.00 1.00 LS 21,929.60 21,929.60 TOTAL AMOUNT EARNED TO DATE 1,967,256.53 AMOUNT PAID CONTRACTOR,EST.#1-9 $1,636,962.71 10%RETAINED FIRST 50%CONTRACT $123,509.47 ' 5%RETAINED REMAINING OF CONTRACT $36 608.09 AMOUNT DUE CONTRACTOR,EST.#10 $170,176.26 We certify that to the best of our knowledge,the above quantities are correct and the amount of $170,176.26 is due TAB Construction,Co. Very truly yours, E&AA CONSULTING GROUP,INC. S Randall L.Pierce,P.E. Construction Engineer cc: TAB Construction,Co. e 0 a E&A CONSULTING CROUP,INC. Engineering Answers 10909MIII Valley Road,Suite 100 • Omaha,NE68154-3950 P 402.895.4700 • F 402.895.3599 www.earg.com August 17,2022 Board of Trustees Sanitary and Improvement District No.614,Douglas Co, V.Mr.Larry Jobeun,Atty 11440 West Center Road Omaha,NE 68144 RE: Pay Estimate No.5-Majestic Pointe II Sanitary Sewer System-Section I Valley Corporation E&A#2020.091.001 Board Members: We certify that to the best of our knowledge,Valley Corporation,has satisfactorily completed the below-itemized quantities of work under their construction contract for Sanitary Sewer System-Section I,and we recommend payment to them in the amount shown: BID BID QUANTITY UNIT ITEM NO DESCRIPTION QUANTITY TO DATE UNIT PRICE AMOUNT 1. CONSTRUCTS"SANITARY SEWER PIPE 8,138.00 8,087.00 LF 46.39 375,155.93 2. CONSTRUCT6"SANITARY SEWER PIPE 5,676.00 6,054.00 LF 40.28 243,855.12 3. CONSTRUCT 54"I.D.SANITARY MANHOLE(45) 567.00 564.10 VF 449.84 253,754.74 4. CONSTRUCT SANITARY SEWER MANHOLE TAP 1.00 1.00 EA 2,285.91 2,285.91 5. INSTALL EXTERNAL FRAME SEAL 45.00 45.00 EA 451.56 20,320.20 6. CONSTRUCT 16"STEEL CASING 30.00 34.00 LF 183.15 6,227.10 7. CONSTRUCT AGGREGATE BEDDING FOR TRENCH STABILIZATION 194.00 28.50 TN 49.59 1,413.32 8. INSTALL GEOTEXTILE FABRIC 728.00 57.60 SY 4.38 252.29 ' 9. CONSTRUCT TYPE B RIP-RAP 291.00 101.50 TN 79.12 8,030.68 10. INSTALLBX1100GEOGRID 631.00 0.00 SY 5.47 0.00 EXTRAS A. Stored Materials 0.00 1.00 LS 0.00 0.00 TOTAL AMOUNT EARNED TO DATE 911,295.29 AMOUNT PAID CONTRACTOR,EST.#1-4 $553,994.35 10%RETAINED FIRST 50%CONTRACT $46,429.78 5%RETAINED REMAINING OF CONTRACT $22,349.87 AMOUNT DUE CONTRACTOR,EST.#5 $288,521.29 We certify that to the best of our knowledge,the above quantities are correct and the amount of $288,521.29 is due Valley Corporation Very truly yours, E&A CONSULTING GROUP,INC. Randall L.Pierce,P.E. Construction Engineer cc: Valley Corporation ® _ John H.Fullenkamp 1 FULLENKAMP Larry A.Jobeun F I JOBEUN Mark B. Johnson Brent W.Beller 1 B JOHNSON & Robert T. Griffith BELLER LLP Writers e-mail:larrv(n iiblaw.com. August 18,2022 Chairman and Board of Trustees Sanitary and Improvement District No.614 of Douglas County, Nebraska Statement of Services Rendered For Legal Services rendered in connection with the following: a.) Omaha Public Power District for the installation and operation of $291,000.00 the electrical underground service system (Majestic Pointe II— Lots 1-194) in accordance with the above-approved resolution. b.) Omaha Public Power District for the installation and operation of $63,360.00 the electrical underground service system (Majestic Pointe II— Lot 195) in accordance with the above-approved resolution. c.) Sanitary& Improvement District No.581 of Douglas County for $267,601.36 reimbursement in connection with the 1686 Street—Potter St.to Reynolds Street improvements, pursuant to the line item on the Source&Use of Funds outlined in the Subdivision Agreement for the District and in accordance with the above-approved resolution (No.3). d.) Armodus, LLC for completion of a portion of the Channel Improve- $77,720.23 ments—Section I and in accordance with Pay Est. No. 1. e.) TAB Construction Co.for completion of a portion of the Storm Sew- $170,176.26 er& Paving—Section I improvements and in accordance with Pay Est. No. 10. f.) Valley Corporation for completion of a portion of the Sanitary Sew- $288,521.29 er System—Section I improvements and in accordance with Pay Est. No.5. LEGAL FEES(2%and 5%): $39,260.11 EXPENSES: $-0- Filing Fees, Publications,Copying, & Postage TOTAL AMOUNT DUE: $39,260.11 /s/Larry A.Jobeun Attorney for the District 11440 W. Center Road, Ste.C—Omaha,Nebraska,68144—Phone: (402)334-0700—Website:www.fijblaw.com AGENDA Sanitary and Improvement District No. 614 of Douglas County, Nebraska(Majestic Pointe East); Meeting to be held at 10:30 a.m. on August 18, 2022,at 11440 W. Center Road, Omaha,Nebraska 68114. a .resent Nebraska Open Meetings Act; Trustee roll call: • • „ ,��,�$� � Melba 400 tf • Nick Peterse r DC.'tialS CWIL Vote on and approve Resolution of Necessity recommending the District enter into an Underground Service Agreement with Omaha Public Power District for Majestic Pointe II (Lots 1-194),and the payment of any fees related thereto, the same having been presented and approved, in form, at the July 21, 2022 meeting (published August 3 and August 10, 2022 in The Daily Record). 410 Vote on and approve Resolution of Necessity recommending the District enter into an Underground Service Agreement with Omaha Public Power District for Majestic Pointe II (Lot 195),and the payment of any fees related thereto,the same having been presented and approved,in form,at the July 21,2022 meeting(published August 3 and August 10,2022 in The Daily Record). V� Vote on and approve Resolution of Necessity recommending the District reimburse SID No. b 581 for the design, engineering, testing and construction of the Reynolds Street improvements and in accordance with the line item on the Source&Use of Funds contained in the previously approved Subdivision Agreement for the District, the same having been presented and approved, in form, at the July 21, 2022 meeting (published August 3 and August 10, 2022 in The Daily Record). 0 Present statements; vote on and approve payment from the General Fund Account of the District for the following: .) E& A Consulting Group, Inc. for engineering services relating to $1,307.49 general maintenance and erosion control monitoring/reporting (No. 162544). b.) Bluestem Capital Partners for municipal advisor fees on General $ 32.69 Fund Warrants issued at this meeting (2.5%). c.) Bluestem Capital Partners for Financial Advisor/Fiscal Agent ser- $10,500.00 vices for FY 2022/2023 (#2767). d.d. Piper Sandler & Co. for underwriting fees on General Fund Warr- $ 236.80 ants issued at this meeting (2%). 6. Present statements;vote on and approve payment from the Construction Fund Account of the District for the following: OThiele Geotech Inc. for concrete, compressive strength and corn- $6,357.00 paction testing of the paving in connection with the Paving— Sec. I improvements (No. 77438). �l Thiele Geotech Inc. for compressive strength and compaction test- $11,296.90 ing of the storm sewer system and paving in connection with the Storm Sewer and Paving System— Section I Improvements (Nos. 77143, 76853, 77144). 6Omaha Public Power District for the installation and operation of 6 $291,000.00 the electrical underground service system (Majestic Pointe II— Lots 1 — 194) in accordance with the above-approved resolution. tel Omaha Public Power District for the installation and operation of $63,360.00 the electrical underground service system (Majestic Pointe II— Lot 195) in accordance with the above-approved resolution. Q.) anitary & Improvement District No. 581 of Douglas County for $267,601.36 reimbursement in connection with the 168th Street—Potter St. to Reynolds Street improvements,pursuant to the line item on the Source &Use of Funds outlined in the Subdivision Agreement for the District and in accordance with the above-approved resolution (No. 3). Armodus, LLC for completion of a portion of the Channel Improve- $77,720.23 ments— Section I and in accordance with Pay Est.No. 1. TAB Construction Co. for completion of a portion of the Storm Sew- $170,176.26 er& Paving— Section I improvements and in accordance with Pay Est.No. 10. alley Corporation for completion of a portion of the Sanitary Sew- $288,521.29 er System— Section I improvements and in accordance with Pay Est. No. 5. 410 Fullenkamp Jobeun Johnson & Beller, LLP for legal services ren- $39,260.11 dered in connection with items c.), d.), e). (2%), f.) and g.) (5%) hereinabove. QBluestem Capital Partners for municipal advisor fees on Construe- $30,382.33 tion Fund Warrants issued at this meeting (2.5%). epPiper Sandler& Co. for underwriting fees on Construction Fund $24,913.51 Warrants issued at this meeting (2%). 7. Any and all business before the Board as deemed necessary; meeting adjourned. E Noll.Em s District: SID No. 614 —Majestic Pointe II Meeting Date: August 18, 2022 Location: 11440 W. Center Road, Omaha, NE 68114 Time: 10:30 a.m. �./tee t XT ? At t 16- rSt E *all attendees to sign this sheet, including Trustees, attorney, fiscal agent, engineer, etc. Page 1 of 1