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2022-10-17 SID 621 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 621 of Douglas County,Nebraska,(the"District")and hereby further certify as follows: 1. Annexed to this certificate is a true and correct transcript of the proceedings of the Board of Trustees of the District relating to a meeting of said District held on the date and at the time reflected in the meeting minutes contained in said foregoing transcript(the"Meeting"). All of the proceedings of the District and of the Board of Trustees thereof which are set out in the annexed and foregoing transcript have been fully recorded in the journal of proceedings of the District and the undersigned District Clerk has carefully compared the annexed and foregoing transcript with said journal and with the records and files of the District which are in such Clerk's official custody and said transcript is a full,true and complete copy of said journal,records and files which are set out therein. 2. Advanced notice for the Meeting was given by publication as set forth in the affidavit of publication contained in the foregoing transcript and was mailed to the Clerk of the municipality or county within whose zoning jurisdiction the District is located at least seven days prior to the date of the Meeting. Advanced notice for the Meeting, including notice of agenda subjects, was given to all members of the Board of Trustees. All news media requesting notification of meetings of said body were provided with advanced notice of the times and places of such meetings and the subjects to be discussed. 3. All of the subjects addressed at the Meeting were contained in the agenda for the Meeting, which agenda was kept continually current and readily available for public inspection at the address listed in the meeting notice for the Meeting and a copy of which is attached to this Certificate; such subjects were contained in said agenda for at least 24 hours prior to the Meeting and each agenda item was sufficiently descriptive to give the public reasonable notice of the matters to be considered at the Meeting. 4. A current copy of the Nebraska Open Meetings Act was available and accessible to members of the public, posted during the Meeting in the room in which such Meeting was held and all in attendance at the Meeting were informed that such copy of the Nebraska Open Meetings Act was available for review and were informed of the location of such copy in the room in which such Meeting was being held. At least one copy of all resolutions and other reproducible written materials,for which actions are shown in said proceedings,was made available for examination and copying by members of the public at the Meeting. 5. The minutes of the Meeting were in written form and available for public inspection within ten(10)working days after the Meeting or prior to the next convened meeting, whichever occurred earlier, at the office of the District; within thirty (30) days after the date of the Meeting, a copy of the minutes of the Meeting was sent to the Clerk of the municipality or county within whose zoning jurisdiction the District is located. 6. No litigation is now pending or threatened to restrain or enjoin the District from the issuance and delivery of any warrants or other obligations issued by the District or the levy and collection of tax or other revenues or relating to any of the improvements for which any such warrants or other obligations were or are issued nor in any manner questioning the proceedings and authority under which any such warrants or other obligations were or are issued or affecting the validity thereof; neither the corporate existence or boundaries of the District nor the title of its present officers to their respective offices is being contested; no authority or proceedings for the issuance of any warrants or other obligations by the District have been repealed,revoked or rescinded as of the date hereof. All actions taken by the Board of Trustees referred to in said transcript were taken at a public meeting while open to the attendance of the public. IN WITNESS WHEREOF,we have hereunto affixed our official signatures s 17`s day of October,2022. Dave Vo , hairman Just' app, MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 621 OF DOUGLAS COUNTY, NEBRASKA HELD AT 4:30 P.M. ON OCTOBER 17, 2022 AT 10909 MILL VALLEY ROAD, OMAHA,NEBRASKA The meeting of the Board of Trustees of Sanitary and Improvement District No. 621 of Douglas County,Nebraska was convened in open and public session at 4:30 p.m. on October 17, 2022 at 10909 Mill Valley Road, Omaha, Nebraska 68154, said meeting held in accordance with the Nebraska Open Meetings Act, a copy of which was made available for review to all in attendance at these proceedings, in accordance with State Law. Present at the meeting were Trustees Dave Vogtman, Justin Knapp and Heather Dembinski. Also present were Larry A. Jobeun of Fullenkamp Jobeun Johnson & Beller, LLP, attorneys on behalf of the District; Mark Westergard and Jeff LaMontagne from E&A Consulting Group, Inc., consulting engineers for the District; and Adam J.P. Platisha of Bluestem Capital Partners, municipal advisors on behalf of the District. Trustees Nick Dolphens and Tammy Hoskinson were absent. Notice of the meeting was given in advance thereof by publication in The Daily Record on September 28 and October 5, 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 Clerk then certified that notice of this meeting had been given to the City of Omaha, Nebraska and the Douglas County Clerk at least seven days prior to the time set by the Board of Trustees for this meeting and filed his Certificate to that effect, said Certificate being attached to these minutes and made part hereof by this reference. The Chairman first presented the proof of publication in connection with the Resolution of Necessity recommending that the District advertise for an Amended Resolution of Necessity in connection with the Storm Sewer & Paving — Section I improvements due to revisions to the scope of the project and the costs related thereto, the same having been published on September 28 and October 5, 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. 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 Vogtman, Knapp and Dembinski was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 621 of Douglas County, Nebraska that the Amended Resolution of Advisability and Necessity relating to the construction of Storm Sewer & Paving — Section I improvements, be and hereby is approved, the same having been preliminarily approved, in form, at the September 12, 2022 meeting of the District. The Chairman next presented the list of bids and bidders for the construction of the Storm Sanitary Sewer System— Section II improvements, said bids having been received on September 22, 2022 (Notice to Contractors having been published on August 29, September 5 and 12, 2022), and presented together with a letter of recommendation of the engineers for the District, and the Clerk was directed to attach a copy of the letter of recommendation together with a copy of the bid tabulations to these minutes. After reviewing the letter of recommendation submitted by the engineers and determining that each of the bids was accompanied by the required bid bond and/or certified check, contract and maintenance bond in the amount of 100% of the contract price, it was determined that the recommendation of the engineers was that the bid of Kersten Construction, Inc., the lowest qualified bidder in the amount of $224,822.50 be accepted. After discussion, the following resolution was then duly made, seconded and upon a roll call vote of"aye"by the Trustees was duly adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 621 of Douglas County, Nebraska that the bid of Kersten Construction Inc. ("Kersten") for the construction of the Storm Sanitary Sewer System — Section II improvements, pursuant to the terms and conditions set forth in the contract to be entered into by and between the District and Kersten, and in the amount of$224,822.50, be and hereby is accepted and that the Chairman and Clerk be and they hereby are authorized as directed to execute the contracts by and between the District and Kersten for construction of the improvements. The Chairman next presented the letter from E&A Consulting Group, Inc., engineers for the District, recommending that the District enter into a Subdivision Agreement (Arcadia Ridge — Lots 94-114) with the Developer and the City of Omaha, for and in consideration the establishment of the development criteria of the District and the payment of any fees due and owing to the City of Omaha, which fees, including engineering fees, legal fees, fiscal fees, administrative costs and other miscellaneous costs is in the approximate sum of$15,000.00. After discussion the Resolution contained in Exhibit "B" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees Vogtman, Knapp and Dembinski was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 621 of Douglas County, Nebraska that the hearing on the proposed Resolution of Advisability and Necessity recommending the District enter into a Subdivision Agreement and pay the fees to the City of Omaha in connection with Lots 94-114, Arcadia Ridge, shall be held at 4:30 p.m. on November 14, 2022, at 10909 Mill Valley Road, Omaha, Nebraska, at which time owners of the property within the District who might become subject to assessment for the improvements contemplated by the proposed Resolution of Necessity may appear and make objections to the proposed improvements and if a petition opposing the proposed Resolution of Advisability and Necessity, signed by property owners representing a majority of the front footage which might become subject to assessments for the cost of said improvements, as set out in the Resolution, as filed with the Clerk of the District within three days before the date set for hearing on such Resolution, such Resolution shall not be passed. BE IT FURTHER RESOLVED that the notice of said hearing shall be given by publication in The Daily Record, a legal newspaper of Douglas County, Nebraska for two consecutive weeks on November 2 and 9, 2022, which publication shall contain the entire wording of the proposed Resolution and that notice shall be given by posting same in three conspicuous places within the boundaries of the District as required by §31-745 R.R.S.; and further, that the Clerk of the District shall give notice not less than seven (7) days prior to said hearing to the City of Omaha and Douglas County Clerk, as required by §31-727.02 R.R.S. The Chairman next presented the letter from E&A Consulting Group, Inc., engineers for the District, recommending that the District enter into a Water Main Extension Agreement (Arcadia Ridge — Phase I & II) with Metropolitan Utilities District, for and in consideration the costs pertaining to the construction/installation of the water main extension and related appurtenances pursuant the above agreement, which cost estimate, including engineering fees, legal fees, fiscal fees, administrative costs and other miscellaneous costs is in the approximate sum of$1,275,000.00. 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 Vogtman, Knapp and Dembinski was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 621 of Douglas County, Nebraska that the hearing on the proposed Resolution of Advisability and Necessity recommending the District enter into a Water Main Extension Agreement and pay the construction costs to MUD in connection with Phases I & II, Arcadia Ridge, shall be held at 4:30 p.m. on November 14, 2022, at 10909 Mill Valley Road, Omaha, Nebraska, at which time owners of the property within the District who might become subject to assessment for the improvements contemplated by the proposed Resolution of Necessity may appear and make objections to the proposed improvements and if a petition opposing the proposed Resolution of Advisability and Necessity, signed by property owners representing a majority of the front footage which might become subject to assessments for the cost of said improvements, as set out in the Resolution, as filed with the Clerk of the District within three days before the date set for hearing on such Resolution, such Resolution shall not be passed. BE IT FURTHER RESOLVED that the notice of said hearing shall be given by publication in The Daily Record, a legal newspaper of Douglas County, Nebraska for two consecutive weeks on November 2 and 9, 2022, which publication shall contain the entire wording of the proposed Resolution and that notice shall be given by posting same in three conspicuous places within the boundaries of the District as required by §31-745 R.R.S.; and further, that the Clerk of the District shall give notice not less than seven (7) days prior to said hearing to the City of Omaha and Douglas County Clerk, as required by §31-727.02 R.R.S. The Chair then presented the following statements for payment from the General Fund Account of the District and the Clerk was directed to attach a copy of said statement to these minutes: a. E& A Consulting Group, Inc. for engineering services relating to $3,140.30 general maintenance of the District and erosion control reporting/ monitoring (No. 163640). b. Bluestem Capital Partners for municipal advisory fees on General $ 78.51 Fund Warrants issued at this meeting (2.5%). c. D.A. Davidson& Co. for underwriting services relating to General $ 80.47 Fund Warrants issued at this meeting (2.5%). The Chair then presented the following statements for payment from the Construction Fund Account of the District and the Clerk was directed to attach a copy of said statement to these minutes: a. E & A Consulting Group, Inc. for engineering services relating to $36,425.37 the Sanitary Sewer—Section I improvements (No. 163221, 163418). b. PSC Construction for completion of a portion of the work in the $420,868.73 Sanitary Sewer System— Sec. I improvements and in accordance with Pay Est. No. 2. c. Fullenkamp Jobeun Johnson& Beller, LLP for legal services ren- $21,043.44 dered in connection with item b.)hereinabove (5%). d. Bluestem Capital Partners for municipal advisory fees on Construe- $11,958.44 tion Fund Warrants issued at this meeting (2.5%). e. D.A. Davidson& Co. for underwriting services relating to Construe- $12,257.40 tion Fund Warrants issued at this meeting (2.5%). Then, upon a motion duly made, seconded and upon a roll call vote of "aye" by the Trustees Vogtman, Knapp and Dembinski, the following Resolutions were unanimously adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 621 of Douglas County, Nebraska that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 64 through 94, inclusive, of the District, dated the date of this meeting, to the following payees, for the following services and in the following amounts, said warrants to draw interest at the rate of 6% per annum from the General Fund Account and 7% per annum from the Construction Fund Account, Warrant Nos. 64 through 66, inclusive, to be payable from the General Fund Account of the District and to be redeemed no later than three (3)years of the date hereof being October 17, 2025 (the "General Fund Warrants"), and Warrant Nos. 67 through 94, inclusive, to be payable from the Construction Fund Account of the District (interest payable annually) and to be redeemed no later than five (5) years of the date of October 17, 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. 64 for $3,140.30 made payable to E&A Consulting Group for engineering services relating to general maintenance. b) Warrant No. 65 for $78.51 made payable to Bluestem Capital Partners for municipal advisory fees on General Fund warrants issued at this meeting. c) Warrant No. 66 for $80.47 made payable to D.A. Davidson & Co. for underwriting services relating to General Fund warrants issued at this meeting. d) Warrant No. 67 for $20,000.00 and Warrant No. 68 for $16,425.37, both made payable to E & A Consulting Group, Inc. for engineering and design services in connection with various Section I improvement projects of the District. CF e) Warrant No. 69 through 89 for $20,000.00 and Warrant No. 90 for $868.73, all made payable to PCS Construction for completion of a portion of the Sanitary Sewer — Section I and in accordance with Pay Est. 2. CF f) Warrant No. 91 for $20,000.00 and Warrant No. 92 for $1,043.44, both made payable to Fullenkamp Jobeun Johnson & Beller, LLP for legal services rendered in connection with item e) hereinabove. CF g) Warrant No. 93 for $11,958.44 made payable to Bluestem Capital Partners for municipal advisory fees on Construction Fund warrants issued at this meeting. CF h) Warrant No. 94 for$12,257.40 made payable to D.A. Davidson & Co. for underwriting services relating to Construction Fund warrants issued at this meeting. CF BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 621 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. 621 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. 621 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. 621 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. 621 of Douglas County, Nebraska the District hereby authorizes and directs the Chair or Clerk to file or cause to be filed, when due, an information reporting form pursuant to Section 149(e) of the Internal Revenue Code of 1986, as amended (the "Code"), pertaining to the General Fund Warrants and the Construction Fund Warrants; and, No opinion of nationally recognized counsel in the area of municipal finance has been delivered with respect to the treatment of interest on the General Fund Warrants. Purchasers of the General Fund Warrants are advised to consult their tax advisors as to the tax consequences of purchasing or holding the General Fund Warrants. {Remainder of page intentionally left blank; signatures on following page} MINUTES SIGNATURE PAGE FROM THE MEETING OF SANITARY AND IMPROVEMENT DISTRICT NO. 621 OF DOUGLAS COUNTY, NEBRASKA, HELD ON OCTOBER 17, 2022 There being no further business to come before the meeting, the meeting was adjourned. Dave Vogts�fan, Chairman Jus ap CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 621 of Douglas County,Nebraska("Arcadia Ridge")hereby certifies that Notice of meeting of the Board of Trustees of said District held on October 17, 2022, was delivered to the City Clerk of Omaha,Nebraska,via facsimile or electronic mail transmittal, at least seven (7) days prior to the date of said meeting. The undersigned further certifies that the agenda for the meeting of the Board of Trustees of said District was prepared and available for public inspection at the address designated in the notice of meeting given in advance thereof by publication in The Daily Record on September 28 and October 5, 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,Omaha,Nebraska and the City Clerk of Omaha within thirty(30)days from the date of this meeting. Ju in Knap , ler ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No. 621 of Douglas County, Nebraska do hereby acknowledge receipt of advanced notice of a meeting of the Board of Trustees of said District and that the agenda for such meeting, held at 4:30 p.m. on October 17, 2022, at 10909 Mill Valley Road, Omaha, Nebraska, is kept continuously current and available for public inspection at the office of the District's counsel, located at 11440 W. Center Road, Omaha, Nebraska, during normal business hours. DATED this 17th day of October, 2022. & lW c AIM _ -. it" 7 r, FULSFNWlMR 309EUN JOHNSON&BeuER LIP THE DAILY RECORD 11440 West Center Road A.f.�V Omaha,Nebraska 68144 OF OMAHA &DR,rF OF Mrnrlar _,Hr` JASON W.HUFF,Publisher SANITARY AND IMPROVEMENT.621F PROOF OF.PUBLICATION DISTRICTASNT NE OF COUNTY,OOVGW6 NlBRG6NP NOTICE HEREBY GIVEN That a moan UNITED STATES OF ARIERICA, NO r the Bard of Tmstees a Sooney and The State of Nebraska, sot impmvemmt Diem No. 621 ord ug1is District of Nebraska, ciunty p4h Re pilled a.-e a ns 11._11327 which meeting will be open County of Douglas, Road,Oto Ihe astsublic,Nebraska 613154,Valley City of Omaha, e4 shall be held In accordance withee. meeting Open Meetings Ad t.An agenda for JASON W.HUFF and/or NIELAUS STEWART sum • ilableaM pellkll continuously ion ai the arrant, N the Districts counsel during normal business duly sworn;depoeeiand Any that they retie e,dWaeWSnes rote Dassiagal'aludngutle PUBLISHER and/or LEGAL EDITOR consideratg ion and ollowing Resolution, of TEE DAILY RECORD,of Omaha,a legal newspaper,printed and BE or 0000LVED thee the Board of Trustees Published daily in the English language,having a bona fide paid o21 antary and las�provemmnty Mtts�a eo,.. circulation in Douglas County in excess of 200 copies,printed in • d determine tan n advisable and necessaryOmaha,is said County of Douglas,for more than fifty-two weeks lost aedmeprehoudvappavedeaadalb peek that the printed notice hereto attached was published in THE Ns¢Y mending that the Dieters -construct the STORM ECTION 1,ORMSIWERO.&macro MMINGhall DAILY RECORD,of Omah, be constructed as follow; September 8,2022 STORM SEWER a PAWNS-SECTORN1 &October 5,2022 The comm�dlns a a system of Posed puam --._..__.._._..__._._..._ _.,_.u___....._...-� roads and streets of varying widths with Preend tenant Concreteor Other approved materials with a thlmum thickness a- That said Newspaper daring that time was regularly published and ndinches,together coed integral am gevemirJ3md ofand State of Nebraska, gutter,nxevay removals,Wadlrg,... Douglas, and edam, win plding, storm GENEPALNGi 2ppIhaIaramv for ato mmgse,i polled. PAITON LUNOBESG / p A Uw insulation a dorm sewn system oh .. MYamm'�'3ues30,20 InmypwaenmevdvNambbefom reinforced mnuete:a or bdnnappproed 5th tars with :uses, la Fee me tw day of structures n appurtenances and other work that is incidental and naaes:an Additional eivlm 6 October es22 mnsisuda completed stop sewer 349.84 A.Wnswaa smnn sewn system end MAR Tote1 a P11� ,nne work azfoams Pub lic foe Douglas lbogles Coon 1. !than a mopnvd isretl ed State of Nebeaelm located 513 feet,more or leaf,northwest of the northeast property miner of Lot 81 these southwesterly a distance of 62 feet,norm v less,to a pmpoeed1 manhole located 28feet more or lea thnorth or the noreastpmceM emperor( T. A 30'Mmm Anwar Mum in ilehr col 11,A Se'sham,.ewer clue In groat+ 3' Iwo 21 mona feet,emore w less',sourem e end of thwest The ore'bosdaaes of the thee which Lot 9'thence nadwaAeey a distance,. Artesia horn a proposed manhole; g from a proposal Oared end cottb or tee mulhean p,�ty ner or,m' may became subject m medial asesanmb W26e frog more or less,toe prsWiadl lowed 531t:am or less„mumea'! located IS Ma,mom or less,YMwntl set theme w tan a aside a 962' for Id Improvements proposed m he Mb'MIX located 75 feet,more or less,l a the northeast Property corner a lot a the Southeast pryty-p corner or la, y the same as the one boundaries a Sanitary of the northwest nopertry mop' 26;thence nwNwabloch d 27 re t,m,m or ad ath,esn property , en proposed 17NPttt,,o southeasterly distance env mmR113nemorery caw,en ter Olmmw¢m°.m,irin Nth 621 or DOOR of en 81]a,thence seweraplweaartl with 59 IL more or lens,to a Prgoss, MM,more a lea,m a e or e1( or the souNwt property corner a lot' W Said plans a. pipe a distance ar eat If use northeast more Or It, manhole heeled se feet,more w lens e2, Said yds.and tpp[IAmeons hors been a 31(t more or Ins,m e proposed northeast a use Messt property west of the rcMwt progeny comeroi. 4. poles 5M1 dn the end or reviewed by FAA rn:e'Iting Group, sob Inlet loaded 39(m;moo or less, m a let 26;Um sewer of 106;f thence southwesterlyol:oesledyedlsta:ed( pavement located 251tmote per , glean tor the 0lstrktof Um District, cocomer of f the northeast pmpedy with an Sr0 few,se or l pipe e' a 64 fa5 or Ice,b e proposed( t Mthe satmal propery scold ge have tied with Na Gam a the Olstrlct prior con"gem I], plasma of 30feet,code or Ire,flo ee, rare inlet located reek more on Iess,; let 9; teen m IXmNMv a Wine- a the first publication d this Rwduons1 an 1. 1 rot stem,sewer sloe In JOTgai proposed tut IS Scaled 39 feet northwest ot the southwest property r oil fees,m lea,m e pint 44m 3eatlwmblcM6IXYl0.,fao.ens, shoot fro Proposed curb Inlet; less,northeast a the northeast a Lot Le fet,thence mW:wess to lomted gone ed me,or less,went of'm... leeWln9 eglneedlg roes,legal nee,real bend 25 feet,more or less,ante al' pmlwrs comer sewer 26. a comer of 32 feet,bare or lea to the mssnett p e torn.or IM' (Sea,Mteest and WI b¢lanmps amid, the nwNwat property a tom 9. Aie'smith'ewe,doe In N>anee , a Proposed manhole baha An near: 31;hhence m'Nerty ®gan¢a655 which etimablsln the sum a62,)50.0W.00. 'S;thence northeasterly a distance of Aotua Dan a prcpoad cent mini IBu,netwsta the wuth e' rat,maw f less,m theed a pauly Te pry the cola sold Impmvemont Ne 70 ran,more Or less,to a proposed looted 10 feet,more or Iao,merNeaal ProPertY era a1 IDS; therm) of the n leas mars w Ixs,asth an. Board of TMiees shall hose me power to ma Mk locatedthe 37 feet,code or Ina, of the northeast properly corner a W; Nr PiPe &Nh an es feet, ,moot a the northeast property corner of la Nam negotiable heeds a the olsMa after southeast of rorcast propetp 26;thence Models, a distance of u pie a dlstanre oresfete,moot asuch a-4Impwrvrcn6M1ase banalls'4edand mmer of Lot 26;thencea en.Unce of 170 Set,mina see.eely 39 feet,,bed m It,m e proposed atlas,m e pespleed curb Inlet located i 5. Imelee boated from the Eeminning a a pted;uN bonds b be used'shall be t,' Manhole burled 95 lax,more w lens feet ore or less,southeast a Ne: peavin9 lanvn 39 hH,mwo ce i s, and Improvement O'sWn Bonds'end shall be to a proposed manhole located P M3, southwest a tee sonthmrt property southwest'property corner of Let 106 Nmst or the SWthessl "plea, payable and Our Intent as provided sby the roomer less,northwest WIN northeast vans of Lot 51'Ngm noawerwy thence southwesterly a distance of 30t tort,or 1M est thence m,hea1WYa Statutes oftheSmh of Nebraska. properly comer of Lot 28; thrice a distance or 121feet,more or less,to feet,more or less to a proposed omit 11 diant,ef 323 met,more er kg,to e The game or 3Nsao shall arts,to the northeasterly a distance a 59 feet, a proposed manhole Iwted 36 feet, I�e located I4 k( 4444 or Is; point located 12 Met,moo or!waviest 'tent or syedal hoeetls,the ae W sigh mom or less,to a proposed curb moo lees,comast NNe mNM1east; northeast or the bNwest Popab1 or the southwest property comer a Let;Improwmsll pen pepteles spa'allY located 9 feet,more or less,northwest a W 24; thence ref Lot L08. SS thence no'owdy'a mere¢or se2I beneMN thereby. Al'pedal assessments a the northwest property comer of lot �edy with n 5,e Storm' 12.A 74m storm sewer Moe m feast ft mote or lee,m the ens a pales which may be Ism upon the properties 30;faux notmenef with an SW" sewer pia adlstsr2 a99 feet more' 5ba pro il manhole located 56 locate 40 feet,more orl¢s,mNreas mbdellybenenrd by such improvements shot, Storm.ewer pipe a distance Of M{ or less,to a Mortised orb min or located; feet,moreice west a the northwest or tee noMmn pem,come a La when collected, be set aside and atMe e feet,more or less,tee proposed north 10 met,more or less,datmeet a the: propeM caner of Lot 106; thence, es, - i sinking fund for the prymea of interest endNet located It fat,mare or less,eastr udmwE property come.or Lot IS;. northeasterly a dlnnce of 54 feet,) 6. 209VLStrop from the beginnlrg a':pa:dpd of said Lords The Dlseln stall also a the vwtheest Mouav comer a Lob thence mrtheanMy a detente of 92 less,m e proposed orb Inlet easing notated 3e Ito lee to he&led annually alas unto the • 99. feet,more or loss,te a proposed Curb( loos 10 feet more or dos,southeast theast et den sooter[me,..„..„,&i cause value call a the bombe 3. fa'scare e..,.r S'r_ Inks located 10 feet,more or lost a me muthav pope&comer a W ;eithera out en;Neu rag oeiy"In to Dlnkt cant Intangible property,which Stoma froma proposed curb Inlet northwest or the nMhmnt promty l 94;thence northeasterly a distance of a distance or 321.het,more or an,to together with and slnthm fund derived from located 9 fret more or lee,northwest comer of lot 51. IW feel,more or less,to a proposed a point Iaamod 29 fat mom or less, weal abemre,b Nall to amoent to meet of the northwest properly corner 01 L01 9. A 24'storm sewer pips In Nebraska math&nctbl 40 feet.mom IX ids, corium or the,mow°,property aYment of the Interest and plod al of row 313;thence northeasterly a&Nmnde(81 Avenue from a proposed manhole southeast or the southeast property corner of Lot]I;thence northerly a hoodsthe same baome due's�ld not shall (t moredlm,m a propomlmatae. tooted 36 feet,more or kb,northeast m of Lel 99;thence muthastedy distance of 2n lost more or los,to the Re ksossr site Sentry andlmpeemers bated 9 feet,moth or less,northwest or the northeast property inner a Ith an 18'storm tower pipe a d W paving bast 90 fee,more or mshtb rev ate saes be pevable annually I of the northeast pmpotY comer or La. Ira 24;thence westerly a dean of dance of 30 feet more or lea,to a ,rmdeaat or Um noyheast pmpe.kv msey,o 30;thence northeasterly a drum of 163 fen,more or less, y ed s,toe pro proposed curb Inlet hel&a 9 feet,more comer of Lot8B, If a petted womb°then Resolution,signed son feet,more or leos,to a proposed manhole Avid B feet more or less, IX as,WOO Or the saowx4 property Y. Vernon broomfrom the end of Wog h prepe,y miners rep¢secede a mafwlty of hoe located 7 feet,more or lea, north of the rwtgrwatpmperlym-pvIX of Lot 103. boated D feel,more or leas,southwest f t Mhge whip area bapne SLlect to nMhwent of Um northwest pope a cot 33;thence northwesterly a Mabnw 13.A 249 storm'ewer pipe in aunt a the southwest property mob of let assessment nor the cop a the Improvements comer of Lot 33;thence northerly or 217 feet,more Or less,b a proposed 0 horn a deposed manhoe located 87;thence eerterly a distance of 36E asset forth herein,he feed with Pm ark of the aistarca of 1301at more or hest tO a manhole located 8 feet,more or less, W feet more or lea,southeast of the feel,more or lab,to the end of pate D'ahle within Mine(3)days MN the d before date proposed curb Inlet bathed 9 feet more northeast thet Mean property southeast pgosMrm a lot st col 95; i 25 feet,mom er lass,moth pa the Redg on this Resolution,this Resolution or less,wen of the northwest pmpeM corner of 1M 19'thence northeasterly a thin¢&Merly a eloapce or2311R m, Ore Whwest ppmry more,of Lot 93. than not be Posed. Comer Of Lot 35i then southwesterly dean of 50 f northeasterlyeet,more d les,to a Mae Or bus,m a proposed manhole 8, swe„tm from the end of Wag located with en 18.atoms sewer pipe a pppsed mro Inlet bated 12 feet,mare tested 25 feel,more or leas,southeast 23 root, mote or less,soulmvest a SANITARY AND MPROVU4EMDI53RIR dmnnce IX 33 led, lee,m' or less,east of the mutase property N Ne southeast m f Lot. the ooMwe4 property r Le N0.621 OF DOWIAS COUNTY,NEBRASKA prropemdaNlnlet ted llltnme or Lot 93;thane riorttanRiy, 965avohence etste ION an IS'0044 mere•a itaneo aM a the northeast prom[v; a distance a 65 feet more or less,mi r pipe a distanced 52 feet,more W;Vmore or distance a ne3d' r Lot 46. 24r m Ira, ,a path located; ev:Dave nerds oalrman 4. corner 2v an, ..rn Is proposed ate lee lasted o(t m a won N ro mkt located: 24 fret, a less,Comer of L a 04 weed Mapp ueF proposed Curb let lot eroNeata me,naNeM sothw12 tpre less,southeast or tel oMwtoaPotlyya&aee o 3a.1 pn its property of Lot 59 , northwest or 454t4 asexism a4'4i 9y3e,10/s itFz Skase from 1 of L Lot the. to.m 1e steno a pr 9olea In Kabala la a la arm 1 l locaet be code or lots,m the end a pMesi styMama from a proposedrofs, term endl a r a proposed manhole located! located 39ft more or lea,southwest; nm000 n lea, a a pr pce d manhole t, section located 39 feet.mom 1 25 fat more l Uaact a the: d the northwest Pmpet/tom of col m proWud manhole northeast a the to property meee p�?M come,a:fit 9e.m I baled 29(t more or led,southwest a cot 110;than sOP ten,ry Nmca ma ens a apposed 2]ft I f. Nebraska Acme from the end a located 25 feet more or 'f the southwest ROOMY Comer or adismm a 24 feet,more m less,m Ito,to a Proposed orb ink[ sLtorm n sewtheer pipewes a dy danc en 127: amoorl proposed manhole located 96 feed or the 18 feet more or ice,m of esti mW girt ont 53'thencewt mepeay v[arm sewer a daUnce a 122 less,mrMm#atm muNweni m the IrMast property comer o rloteler of m193' northwesterly Iatmde dla;mpor hew cob inlet) pmromees come or Lot ill; thence:. ,a mmMadvw,N an roes,le-storm ad&smeng a 202 Rea more or le%0)located nit pare orkes,south a. southeasterly a&tensor 25 feet motel ptpe•seance 0f 65 he,more the sdMwotowe&nnmeaf lot Tth r less,to a proposed curb inlet looted; less,b a Pmased orb Inlet muted... or ad aortest 0 2ert more S. AD 18'alarm net ohm In 207W 9 feet,more or lea,southwest of they 50 feet,more or test,uuthear of the less,overty northwest a the northwest 24 feet from a',mooed Mole located. southwest peeperty corner a Lot 111;! maimed proryty rarer a tot 9B;l. 10.Os aaa r fort the L more or less,southwest a there thence waNweydyetllsdna llRe, thence nstlwMadlamnte of 99 lee,': 'loraml E6fm whom NeedapeNng thcorm[propeM mmr W cot 2T;: lee,toe proposed am Inlel) tear toe Proposed plce o os of to sous w� aer Ica.heerlMst ence northerly a dltrce a 31 feet more 4l fat more or less,southwest ltil fat more or less,east d the northwesterly dat of dater&tot more leas,toe proposed curb inlet a the mum property corn,of Loa, n4meastpmmettYmna a LAN. 32;thence Mweevn a Amend of loaded 26 he,more orI,,,northwest III;then southeasterly a die4me' n1 feet,mored44 fee,b the red a of the77 southwest proprly t distance or of 23 feet,more or Mess,to a pMEed: e.contend a system of roads and shtth and sopaving west oft DneethwtR or erty. 30 feet,more or less,toe proposed soutvrost o the southwted 44 feet,rart propertyre ert ire ilalwMWals(mru'steerd suing comer dloolla orb Clot located 30 feet,more or lea, comer a Lot 112;thence southeasterly. pavmneoe'Mated 49 fad,more or lees, nwteasl of the southeast mgecia a distance of 59 feet,more or less,to southwest of thesouthwest PrOpe ty of IN 2a a proposed ash Inlet located Si rot of Lot B;then otwtWy 6.• An w•storm sewer nine m 207th or Ise,southwest orte southwest corner of M1 het,more or&,to ' stags from proposed wrb inlet, property corner a Lot 113; Nape W end of wane located 26 feet,more &ad 2e het maaee oorrty northeasterly a distance a 2a feel,more ben, southwest a tie southwest IX esu e050 northerly area ✓lo or less,m a proposed curb Inkt Intoned prpatY r a Lot 17.. feet,mere alt,me 11 feet,more or tos,mkNwt a the 2. _party from the ends riot llooated 8 feet,man or�wtp« southwest ropeM mnerIXLa line southeast ted 34 of the prase[pesky Nnorthwest property army. Lot,. miner dffi f Lot iet thence rpNw tely t more or ks,to the ea of paving Muted 25 ha,more Pmeeerty comer offLLot 93me soNwnt eon. E&A CONSULTING GROUP,INC. Engineering Answers 10909 MITI Valley Road,Suite 100 .Omaha,NE68154-3950 P 402.895.4700 • F 402.895.3549 www.eacg.com September 21,2022 Sanitary and Improvement District 621, Douglas County % Mr. Larry Jobeun Fullenkamp,Jobeun,Johnson & Beller 11440 West Center Road Omaha NE 68144 RE: CONTRACT AWARD ARCADIA RIDGE SANITARY SEWER SYSTEM—SECTION II E&A: 2021.079,001 Dear Mr.Jobeun, We have reviewed the Tabulation of Bids received on September 21,2022 for Sanitary Sewer System-Section II. Based upon the bid documents and qualifications,we hereby recommend Award of Contract on the total base bid of $224,822.50 to Kersten Construction, Inc. Enclosed is a copy of the Tabulation of Bids for the improvement. If you have any questions relative to the above information, please contact the undersigned. Very truly yours, E&A CONSULTING GROUP, INC. Je rey LaMontagne, P.E. Project Manager JL/ca cc: Kersten Construction, Inc N-y 0 0 a 0 eo ry am� ^ ' c0?e0a0 00005 Ea a ry E316 00 ' wee >0$ ry o tioW EO ` M aM 0Q e Q ry M Mb n e n^^ N n ry n < t_ ,£fw y mz m a fo, n m g -MS 0c ae .0 d d = q 2 e O p g O u 0 O n J n 0?0 OO O O e e e g o 6 Y z C O N V o 9 w c N V y n o M maw-N N c N W W 0 C O S e 0 0 e e 0 e O e to 0 o 6605.6d OO a y . 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Engineering Answers. 10909 MITI Valley Road,Suite 100 . Omaha,NE 68154-3950 P 402.895.4700 • F 402.895.3599 www.eacg.com September 16, 2022 Chairman and Board of Trustees Sanitary and Improvement District No. 621 Douglas County, Nebraska Mr. Larry Jobeun, Attorney 11440 West Center Road Omaha, Nebraska 68144 RE: ARCADIA RIDGE (LOTS 94-114) ADMINISTRATIVE REVIEW FEE E&A NO. P2021.079.001 • Dear Mr. Jobeun and Board Members: According to Section II- L in the subdivision agreement with the City of Omaha for Arcadia Ridge Lots 94-114, payment is required to the City for administrative review fees in the amount of one percent of the construction costs. The engineer's estimate of the total cost of said payment is as follows: One Percent Administrative Fee $7,147.00 Engineering, Legal, Fiscal, Interest and Miscellaneous Costs $1,430.00 TOTAL ESTIMATED COSTS $8,577.00 We hereby recommend that the administrative fees be paid to The City of Omaha in the amount of $7,147.00. If you have any questions, please call. Sincerely, E & A CONSULTING GROUP, INC. 9eff LaMontagne, P.E. i con E&A CONSULTING GROUP,INC. Engineering Answers - - 10909 MIII Valley Road,Suite 100 • Omaha,NE 68154-3950 P 402.895.4700 • F 402.895.3599 www.eacg.com September 16, 2022 Chairman and Board of Trustees Sanitary and Improvement District No. 621 Douglas County, Nebraska Mr. Larry Jobeun, Attorney 11440 West Center Road Omaha, Nebraska 68144 RE: ARCADIA RIDGE (LOTS 94-114) PARK FEES E&A NO. 2021.079.001 Dear Mr. Jobeun and Board Members: According to Section II- K.3 in the subdivision agreement with the City of Omaha for Arcadia Ridge Lots 94-114, payment is required to the City for park fees. The engineer's estimate of the total cost of said payment is as follows: Community Park Fee (8.292 Acres @ $400/acre) $3,316.80 Engineering, Legal, Fiscal, Interest and Miscellaneous Costs $ 664.00 TOTAL ESTIMATED COSTS $3,980.80 I 1 We hereby recommend that the park fee be paid to The City of Omaha in the amount of$3,316.80. If you have any questions, please call. Sincerely, ' E & A CONSULTING GROUP, INC. f eff LaMontagne, P.E. { - I E&A CONSULTING GROUP,INC. Engineering Answers 10909 MITI Valley Road,Suite 100 • Omaha,NE 68154-3950 P 402,895.4700 • F 402.895.3599 www.eacg.com October 10, 2022 Chairman and Board of Trustees SID No. 621, Douglas County, NE Mr. Larry Jobeun, Attorney 11440 West Center Road Omaha, NE 68144 RE: Water Main Extension Agreement Arcadia Ridge Phase I & II, SID 621 of Douglas County, NE E &A#P2021.079.001 (Water) Dear Mr. Jobeun and Board Members: Please be advised that we have carefully examined the plans and specifications for the construction of the water system to be installed by MUD known as their jobs 100055001402. We certify that this office approves the plans and specifications, and their proposal of$931,272.00 to construct the water system is fair and reasonable. Be advised that our estimate for the total cost of the proposed system, including engineering, supervision, publications, legal, interest and miscellaneous costs is as follows: Interior Main Installation Cost (WP1911) $ 766,680.00 Pioneer Main Fees $ 148,122.00 Pioneer Main Fees $ 16,470.00 Total Construction Cost $ 931,272.00 Legal, Engineering, Supervision, Publication, Interest & Miscellaneous Costs $ 298,007.00 Total Estimated Project Cost $1,229,279,00 We recommend payment to Metropolitan Utilities District in the amount of$931,272.00. The outer boundaries of the area which may be subject to special assessment for said water main construction are the same as the outer boundaries of SID 621 of Douglas County, Arcadia Ridge. Sincerely, E &A CONSULTING GROUP, INC.ieffrey T. LaMontagne, P.E. Project Manager METROPOLITAN UTILITIES DISTRICT October 4, 2022 Jeff LaMontagne Project Engineer E&A Consulting Group, Inc 10909 Mill Valley Road, Suite 100 Omaha, NE 68154 Dear Jeff: Attached is the Water Main Extension Agreement for the water main extension you requested for Arcadia Ridge lots 1-114 -west of 204th St. & Kansas Ave., our job number(s) 100055001402. The estimated cost stated in the Agreement is based on a summer estimate dated September 22, 2022 for installing a water main and appurtenances. Due to possible rising costs and changing conditions, if this Agreement is not signed and the required deposit of the estimated cost received by December 21, 2022, we will review the estimate and may change the Agreement. An estimate is valid for a 90-day period, if the main is installed in the season for which it is estimated. If you find the enclosed Agreement in order, please sign and return with the required deposit of the estimated cost. When we receive your payment and the signed Agreement, the job will be placed on our firm construction schedule. A copy of the Agreement will be returned after its execution by the District. When service is applied for, other applicable charges such as capital facilities charges, tapping charges, etc. will be payable. If you have questions concerning any of the applicable charges, please call the Builder and Contractor Services Dept. at 402-504-7988. Please note: Do not put a date on the first page of the Agreement. This space is reserved for when the agreement is executed internally. Sincerely, Rich Baird Rich Baird Main Extension Coordinator Attachment S:\Engineering\Projects\Water\WP1911\Legal\100055001402 MEA\pg1 @mudwaterontap /mudomahane rmudomahane til ;) mudomaha.cor M.O.D.Headquarters 17350 World Communications Drive,Omaha,NE 68122-4041 An Equal Opportunity Employer:Minority/Female/DisabledNeteran/Gender Identity/Sexual Orientation WATER MAIN EXTENSION AGREEMENT District Group No. WP1911 District Job No. 100055001402 THIS AGREEMENT is entered into on , between the METROPOLITAN UTILITIES DISTRICT OF OMAHA, NEBRASKA, ("District") and Sanitary& Improvement District#621 of Douglas County ("Applicant"). In consideration of the Applicant's payment of Nine Hundred Thirty-One Thousand Two Hundred Seventy-Two 00/100 Dollars ($ 931,272 )to the District, receipt of which is acknowledged, the District shall install, as soon as is reasonably possible, 5,600'+/-of 8" and 1,940'+/-of 6" PVC water main in Arcadia Ridge Subdivision west of 204th St. & Kansas Ave.to serve lots 1-114. as shown on the attached plat marked Exhibit"A", together with such appurtenances, as the District deems necessary (the"main" or"mains"). This consideration includes (1)the estimated total cost of the main installation ($766.680 ), (2)the estimated contributions to other pioneer mains($ 148,122 ) and (3) connection charges due($ 16,470 ). The estimated total cost of the main installation is$ 766.680 , of which cost the District shall assume$ 0 , which is the estimated difference in cost between a 6"& 8" main required and a 6" &8" main installed. If the estimated total cost for the installation of the main or the estimated contributions to other pioneer mains, or both, are not sufficient to cover the actual costs and/or contributions, Applicant shall pay to the District the actual costs and/or contributions, over the estimated costs and/or contributions. The District may refuse service from the main until such payment(s) has/have been made. If the actual total cost for the installation of the main and appurtenances or the estimated contributions to other pioneer mains, or both, are less than the amount paid, the difference, of either or both, whichever the case may be, shall be refunded to the Applicant. The Applicant shall not change the location or grade of the street(s) over which Applicant has control, as shown on Exhibit"A". The Applicant shall grade the street(s) to conform to Exhibit"A" before the main installation. Where streets will not be paved, the right-of-way("R.O.W.") shall be graded to conform to the grade that has been legally established by the appropriate governing body. Where the grade has not been established, the grade shall be satisfactory to the District. Where streets are to be paved, the District shall not begin the main installation until the Applicant has completed street paving, storm sewer inlet installation and finish grading of the R.O.W. If, within five (5)years from date the main installation is placed in service, the District deems it necessary to relocate, lower or raise the grade of all or part of the main as a result of the Applicant's failure to have brought the street(s)to grade before the main installation or a change in the grade or location of the street(s), then the Applicant shall pay the District's costs of raising, lowering or relocating the main. The main shall be owned by and under the control of the District, its successors and assigns. The District shall use reasonable efforts to avoid damaging or removing erosion control measures. The District may remove erosion control measures if the District determines that such measures interfere with the installation, repair or maintenance of the District's mains. The Applicant shall repair or replace erosion control measures after the District has completed the part of the main installation that required damage to or removal of the erosion control measures. The District shall not be responsible for damage to or removal of erosion control measures and shall not be responsible to repair or replace them. The Applicant shall indemnify the District from all liabilities, federal, state, local or personal, that may arise due to such damage or removal. This main installation is subject to the approval of the District's Board of Directors. If the installation is not approved, this Agreement is void. If the Applicant cancels this Agreement or fails to perform under it, the Applicant shall pay the District's design costs and all other costs and expenses incurred. Applicant shall not landscape or allow anyone else to landscape in the street right-of-way or in easements obtained for main installation prior to the main installation. If Applicant does so, the District may remove any landscaping necessary for installation of the water mains. Applicant shall pay the additional costs of main installation caused by such landscaping. Landscaping is defined as the placing of any decorative materials, including but not limited to, the planting of trees or shrubbery and the placing of large rocks or other large decorative objects. This Agreement is conditioned upon receipt of all permits and easements necessary for the main installation. If the main installation is delayed due to severe cold weather or when there is more than eight(8) inches of frost in the ground, the District's Contractor shall not be required to work on the project without additional compensation and/or an appropriate time extension. If frost is more than eight (8) inches in depth, the additional compensation to install and/or the appropriate time extension will be negotiated between the District and the Contractor and will be approved by the Applicant before proceeding. SANITARY& IMPROVEMENT DISTRICT METROPOLITAN UTILITIES DISTRICT OF OMAHA: #621 of Douglas County Date: By: By: Board Chairman Senior Vice President, Operations Printed Name& address Date: Phone Number: By: Board Clerk APPROVED AS TO FORM: Printed Name& address Senior Vice President, General Counsel S:\Engineering\Projects\Water\WP1911\Legal\100055001402 MEA - — mm ®a £6'I.S1O1 .. - —— —w — ® ® ®2 t 1.61,dM .3AV SVSNVN V'1S 416OZ'N AO rrvurowZ71 O m - NOISIAIO9f1S 3OOR1 VIOVOV �' (S ( F q a 3iPi li'zl °SiiiifillI1IIt IJ€ I II - N 43 Et ! i i e 1i' i 5e , da E' ii€€ ... iiii ! !! i1 4 i Si , I i a .1 �.': o ° i 1 i tan err RR .Ti ii==s= = J i ti54 i 2. !i! !!! 1 + a 7 t UV. iC4E:4 i.a.:9 c at L) -u a ' 1A 4i . E i :' 8 a . I_o.. • 'Mr 11 g ai 1; F. ▪ ='g s4 1 II =g -s — . 10,g C 8w rex io1 �IIIIrE Pi of - - sg '„Ia I ao g 1 1 5 00 4.9.<W?_.L i `.. QW t < F€ 2 U 4° I I k- PS �_ \I! 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' rm--.41-iii ''t —1; I ., I . ill 1P1 01 'a Iwo, ce, i Pi ith ;!!!! 1111 h 4° /Pi 31111 :11 Calla.— 1- NI ii a 014 25 Oil PA ° 11/1— alti w .5(01 1— ! 1 !an i 4111 S 'IC Irrii— ,v 11111 CI — 1.1.11411/0 ' 5 cr; LIIJ ic ---imi-- lit kig Z;am -- r i'l tii '-1----1-----r---,. , < J _1 , L -1 I I I I - CO - I II I 1- -1 ' t 1 1 1 i 1 1 1 1 1 iii 2g 11 ill 11. Hill iv ii i ! i 1 *li I • . E&A ConsultingGroup,Inc, C onsulti Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#621 September 30,2022 do Mr. Larry Jobeun,Attorney Project No: P202I.079.000 11440 West Center Road Invoice No: 163640 Omaha,NE 68144 Project P2021.079.000 621 -Arcadia Ridge in Omaha,NE-District Maintenance Professional Services from July 18,2022 to September 11,2022 Phase 122 2022 District Maintenance Task 000 Administration Professional Personnel Hours Rate . Amount Principal .50 290.00 145.00 Administrative Assistant HI .50 105.00 52.50 Totals - 1.00 197.50 Total Labor 197.50 Total this Task $197.50 Task 135 Diggers Hotline Professional Personnel • Hours Rate Amount Construction Technician III .30 121.00 36.30 Totals . - .30 36.30 Total Labor 36.30 Total this Task $36.30 Task 440 Repairs/Maintenance Professional Personnel Hours Rate Amount Administrative Assistant IV .25 115.00 28.75 Totals .25 28.75 • Total Labor - 28.75 Total this Task $28.75 • Total this Phase $262.55 Phase 222. 2022 Erosion&Sediment Control Inspecting/Reporting Task 196 Erosion Control Professional Personnel Hours Rate Amount Environmental Scientist I .58 85.00 49.30 • Environmental Scientist T 15.79 85.00 1,342.15 Environmental Scientist If' 5.83 106.00 617.98 Environmental Scientist III .21 121.00 25.41 Environmental Scientist IV 1.50 139.00 - 208.50 • Project P2021.079.000 621 —Arcadia Ridge-DM Invoice 163640 Environmental Scientist X 2.00 260.00 520.00 Totals 25.91 2,763.34 Total Labor 2,963.34 • Total this Task . $2,763.34 Total this Phase $2,763.34 Phase 999 Reimbarsables Reimbursable Expenses Field Expenses 8.61 Total Reimbursables 8.61 8.61 Unit Billing Mileage _ 15.80 Mileage 90.00 Total Units 105.80 105.80 Total this Phase $114.41 Total this Invoice $3,140.30 • • Approved By: Robert Czerwinski Page 2 E&A Consulting Group,Inc. Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#621 August 31,2022 do Mr.Larry Jobeun,Attorney Project No: P2021.079.001 11440 West Center Road Invoice No: 163221 Omaha,NE 68144 Project P2021.079.001 Arcadia Ridge @ 210th&Ida in Omaha,NE-Residential Development Professional Services from July 18,2022 to August 14.2022 Phase 020 Construction Management&Staking Services-Sanitary Sewer Section I Fee Estimated Construction Cost 714,223.00 Fee Percentage 8.50 Total Fee 60,708.96 Percent Complete 60.00 Total Earned 36,425.37 Previous Fee Billing 12,141.79 Current Fee Billing 24,283.58 Total Fee 24,283.58 Total this Phase $24,283.58 Total this Invoice $24,283.58 Approved By: Jeffrey LaMontagne E&A Consulting Group,Inc. Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#621 September 27,2022 do Mr.Larry Jobeun,Attorney Project No: P2021.079.001 11440 West Center Road Invoice No: 163418 Omaha,NE 68144 Project P2021.079.001 Arcadia Ridge @ 210th&Ida in Omaha,NE-Residential Development Professional Services from August 15.2022 to September 11.2022 Phase 020 Construction Management&Staking Services-Sanitary Sewer Section I Fee Estimated Construction Cost 714,223.00 Fee Percentage 8.50 Total Fee 60,708.96 Percent Complete 80.00 Total Earned 48,567.16 Previous Fee Billing 36,425.37 Current Fee Billing 12,141.79 Total Fee 12,141.79 Total this Phase $12,141.79 Total this Invoice $12,141.79 Approved By: Jeffrey LaMontagne cdsa E&A CONSULTING GROUP,INC. Engineering Answers 10909 Mill Valley Road,Suite 100 •Omaha,NE 68154-3950 P 402.895.4700 • F 402.895.3599 www.eacg.cam October 7,2022 Board of Trustees Sanitary and Improvement District No.621,Douglas Co. %Mr.Larry Jobeun,Atty 11440 West Center Road Omaha,NE 68144 RE: Pay Estimate No.2-Arcadia Ridge Sanitary Sewer System-Section I PSC Construction E&A#2021.079.001 Board Members: We certify that to the best of our knowledge,PSC Construction,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. MOBILIZATION 1.00 1.00 LS 15,000.00 15,000.00 2. CONSTRUCT 8"PVC SANITARY SEWER PIPE 4,328.00 4,741.00 LF 53.00 251,273.00 3. CONSTRUCT 8"PVC SANITARY SEWER PIPE(OVER 15'DEPTH) 695.00 220.00 LF 70.00 15,400.00 4. DIRECT BORE 8"CERTA-LOK PVC PIPE 28.00 0.00 LF 200.00 0.00 5. CONSTRUCT 8"DIAMETER EXTERNAL DROP CONNECTION(1) 4.00 4.00 VF 350.00 1,400.00 6. CONSTRUCT 6"PVC SANITARY SEWER PIPE 2,701.00 2,290.00 LF 59.00 135,110.00 7. CONSTRUCT6"SANITARTY SEWER SERVICE RISER 62.00 30.00 VF 150.00 4,500.00 8. CONSTRUCT 54"I.D.SANITARY MANHOLE(29) 397.00 379.00 VF 500.00 189,500.00 9. CONSTRUCT CONCRETE MANHOLE RING RETAINER 3.00 0.00 EA 1,100.00 0.00 10. INSTALL EXTERNAL FRAME SEAL ON SANITARY SEWER MANHOLE 29.00 29.00 EA 475.00 13,775.00 11. CONSTRUCT TYPE B RIP-RAP FOR TRENCH STABILIZATION 60.00 0.00 TN 62.00 0.00 12. INSTALL BX1100 GEOGRID FOR TRENCH STABILIZATION 130.00 0.00 SY 4.00 0.00 13. INSTALL GEOTEXTILE FABRIC FOR TRENCH STABILIZATION 150.00 0.00 SY 3.00 0.00 14. CONSTRUCT FOUNDATION ROCK(3"CLEAN)FOR TRENCH STABILIZAT 40.00 0.00 TN 35.00 0.00 15. CONSTRUCT SANITARY SEWER TAP 1.00 0.00 EA 1,500,00 0.00 16. CONSTRUCT SANITARY SEWER PIPE PLUG 1.00 0.00 EA 365.00 0.00 17. SEDIMENT BASIN MAINTENANCE(BY OTHERS) 1.00 0.00 LS 22,000.00 0.00 EXTRAS TOTAL AMOUNT EARNED TO DATE 625,958.00 AMOUNT PAID CONTRACTOR,EST.#1 $155,935.80 10%RETAINED FIRST 50%CONTRACT $35,711.15 5%RETAINED REMAINING OF CONTRACT $13,442.33 AMOUNT DUE CONTRACTOR,EST.#2 $420,868.73 We certify that to the best of our knowledge,the above quantities are correct and the amount of $420,868.73 is due PSC Construction Very truly yours, E&A CONSULTING GROUP,INC. Randall L.Pierce,P.E. Construction Engineer cc: PSC Construction John H.Fullenkamp FULLENKAMP Larry A. Jobeun F T JOBEUN Bark .Johnson rent W.Beller © B JOH NSOT N & Robert T. Griffith BELLER. LLlTH Writers e-mail: larrve,fiiblaw.com October 17, 2022 Chairman and Board of Trustees Sanitary and Improvement District No. 621 of Douglas County, Nebraska Statement of Services Rendered For Legal Services rendered in connection with the following: a. PSC Construction for completion of a portion of the work in the $420,868.73 Sanitary Sewer System—Section I improvements and in accord- ance with Pay Est. No. 2. LEGAL FEES (2%&5%): $21,043.44 EXPENSES: $ -0- Filing Fees, Publications, Copying, & Postage TOTAL AMOUNT DUE: $21,043.44 /s/Larry A.Jobeun Attorney for the District 11440 W. Center Road, Ste. C—Omaha,Nebraska, 68144—Phone: (402)334-0700—Website:www.fpblaw.com AGENDA Sanitary and Improvement District No. 621 of Douglas County,Nebraska(Arcadia Ridge);Meeting to be held October 17, 2022 at 4:30 p.m. at 10909 Mill Valley Road, Omaha,Nebraska. Present N zrt_Meetings Act; Trustee roll call: slv-euim ea r em ins n • Nick Do p en • Tammy Hoskinson 6— 2. I scussin re: Financial Snapshot Report (Bluestem Capital Partners); • Engineering update and report(E&A); • Miscellaneous matters before the Board, as deemed necessary. .....„) ODote on and approve REVISED Resolution of Necessity in connection with the Storm Sewer . Paving— Section I improvements, said revision due to a change in scope for the project, the same having been presented and approved, in form, at the September 12, 2022 meeting (published September 28 and October 5, 2022 in The Daily Record). 011'Present Notice to Contractors,bid tabs and corresponding recommendation of award for the Sanitary Sewer System—Section II improvements;award contract to lowest qualified bidder, Kersten Construction,Inc.,in the amount of$224,822.50;Chair and Clerk to execute related contracts on behalf of the District. r V . •sent Resolution of Necessity recommending the District enter into a Subdivision Agreement with the City of Omaha for and in consideration of the Distrrcf s payment of the requisite 1%Administrative Review Fees and Park Fees to the City for Arcadia Ridge,Lots 94-114; order hearing to be held and required publications. Present Resolution of Necessity recommending that the District enter into a Water Main Extension Agreement with Metropolitan Utilities District, for and in consideration of the construction of the water distribution system and any related appurtenances for Arcadia Ridge Phase I & II, and the payment of any costs related thereto; order hearing to be held and required publications. - 07Present 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 to410 $3,140.30 general maintenance of the District and erosion control reporting/ monitoring (No. 163640). b. Bluestem Capital Partners for municipal advisory fees on General $ 78.51 Fund Warrants issued at this meeting (2.5%). D.A. Davidson& Co. for underwriting services relating to General $ 80.47 Fund Warrants issued at this meeting (2.5%). II 'resent statements,vote on and approve payment from the Construction Fund Account of the District for the following: 0 E& A Consulting Group, Inc. for engineering services relating to $36,425.37 the Sanitary Sewer—Section I improvements (No. 163221, 163418). b. PSC Construction for completion of a portion of the work in the $420,868.73 Sanitary Sewer System— Sec. I improvements and in accordance with Pay Est. No. 2. Fullenkamp Jobeun Johnson & Beller, LLP for legal services ren- $21,043.44 dered in connection with item b.) hereinabove (5%). d. Bluestem Capital Partners for municipal advisory fees on Construe- $11,958.44 tion Fund Warrants issued at this meeting (2.5%). a. D.A. Davidson& Co. for underwriting services relating to Construe- $12,257.40 tion Fund Warrants issued at this meeting (2.5%). 9. Any and all business before the Board as deemed necessary; meeting adjourned. I1�IEETINGSI 1 IN 0Etm„ist .T - s _. District: SID No. 621 —Arcadia Ridge Meeting Date: October 17, 2022 Location: 10909 Mill Valley Road, Omaha, NE Time: 4:30 p.m. Name (PLEASE PRINT)'-- __. Title enr I1sk.1. MrU ff t4Vtbi/'6 £ 4 J u in I (IPiIC, `all attendees of meeting to sign this sheet. Page 1 of 1