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2023-02-17 SID 628 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 628 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 this 17th day of February,2023. nrel-2ltea�i�mr . , Aca ac, CaParL Drew Soya,Clerk MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 628 OF DOUGLAS COUNTY, NEBRASKA HELD AT 11:30 A.M. ON FEBRUARY 17, 2023 AT 10404 ESSEX COURT, SUITE 101, OMAHA,NEBRASKA 68114. The meeting of the Board of Trustees of Sanitary and Improvement District No. 628 of Douglas County, Nebraska was convened in open and public session at 11:30 a.m. on February 17, 2023 at 10404 Essex Court, Ste. 101, Omaha, Nebraska 68114, 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 Drew Soya, Jay Kline and Alex Bullington. Also present were Larry Jobeun of Fullenkamp Jobeun Johnson & Beller, LLP, attorneys on behalf of the District, and Gabe Morton and Eric Wolfe of White Lotus Group, developer of the District. Trustees Arun Agarwal and Sudha Agarwal was absent. Notice of the meeting was given in advance thereof by publication in The Daily Record on February 9, 2023, a copy of the Proof of Publication being attached to these minutes. Notice of the meeting was simultaneously given to all members of the Board of Trustees and a copy of their Acknowledgement of Receipt of Notice is attached to these minutes. Availability of the agenda was communicated in the published notice and in the notice of the Trustees of this meeting. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. The Clerk then certified that notice of this meeting had been given to the City of Omaha, Nebraska and the Douglas County Clerk at least seven days prior to the time set by the Board of Trustees for this meeting and filed his Certificate to that effect, said Certificate being attached to these minutes and made part hereof by this reference. The Board then noted that it would need to appoint an Acting Chairman for the purposes of this meeting, due to the absence of the District's Clerk, Arun Agarwal. Then, upon a motion duly made, seconded, and upon a roll call vote of the Trustees present, Jay Kline was unanimously appointed as Acting Chairman for the purposes of these proceedings, whereby he was further authorized to sign any and all documentation presented herein, including but not limited to these minutes and the warrants of the District. The Chairman next presented the letter from Metro Project Services, construction coordinator on behalf of the District, recommending that the District enter into a Water Main Extension Agreement (Maple 180) 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$165,000.00. After discussion the Resolution contained in Exhibit "A" attached hereto and by this reference incorporated herein was duly introduced, seconded and upon a roll call vote of"aye" by the Trustees Kline, Soya and Bullington, was unanimously adopted; the Trustees then passed the following resolutions: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 628 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 Maple 180, shall be held at 9:30 a.m. on March 17, 2023, at 10404 Essex Court, Ste. 101, 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 (2) consecutive weeks on March 1 and 8, 2023, which publication shall contain the entire wording of the proposed Resolution and that notice shall be given by posting same in three (3) conspicuous places within the boundaries of the District as required by §31-745 R.R.S.; and further, that the Clerk of the District shall give notice not less than seven (7) days prior to said hearing to the City of Omaha and Douglas County Clerk, as required by §31-727.02 R.R.S. The Board was then presented with the Gas Main Extension Agreement, the same to be entered into by and between the District and Metropolitan Utilities District, said agreement outlining the construction criteria in connection with the gas main extension and related appurtenances to be constructed in Phase I — Maple 180. Then, upon a motion duly made, seconded, and upon a roll call vote of"aye", the Trustees unanimously accepted the GMEA and further authorized the Chair and Clerk to execute the same on behalf of the District. The Clerk was then directed to attach a copy of the agreement to these minutes. The 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 $2,548.14 general maintenance of the District and erosion control and report- ing (No. 164637, 165006). b. Bluestem Capital Partners for municipal advisory services on the $ 82.81 General Fund warrants issued at this meeting (3.25%). c. Access Bank for warrant servicing fee on the General Fund war- $ 6.58 rants issued at this meeting (0.25%). 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. Metro Project Services for construction administration services $15,064.32 relating to the Storm Sewer& Paving—Sec. I improvements (# S07419). b. Navarro Lawn& Landscaping for completion of a portion of $183,580.23 the work in the Storm Sewer&Paving—Sec. I improvements and in accordance with Pay Est. No. 1. c. Fullenkamp Jobeun Johnson& Beller, LLP for legal services $9,179.01 rendered in connection with item b.) hereinabove (5%). d. Bluestem Capital Partners for municipal advisory services on the $6,754.27 Construction Fund warrants issued at this meeting (3.25%). e. Access Bank for warrant servicing fee on the Construction Fund $ 536.44 warrants issued at this meeting (0.25%). Then, upon a motion duly made, seconded and upon a roll call vote of "aye" by the Trustees Soya, Kline and Bullington the following Resolutions were unanimously adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 628 of Douglas County, Nebraska that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 26 through 36, 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 6% per annum from the Construction Fund Account, Warrant Nos. 26 through 28, 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 February 17, 2026 (the "General Fund Warrants"), and Warrant Nos. 29 through 36, inclusive, to be payable from the Construction Fund Account of the District (interest payable annually) and to be redeemed no later than five (5) years of the date of February 17, 2028 (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. 26 for $2,548.14 made payable to E & A Consulting Group, Inc. for engineering services relating to general maintenance of the District and reporting. b) Warrant No. 27 for $82.81 made payable to Bluestem Capital Partners for municipal advisory services on the General Fund Warrants issued at this meeting. c) Warrant No. 28 for $6.58 made payable to Access Bank for warrant servicing fee on the General Fund Warrants issued at this meeting. d) Warrant No. 29 for $15,064.32 made payable to Metro Project Services for construction management services in connection with the Storm Sewer& Paving—Section I improvements. CF e) Warrants No. 30 through 32 for $50,000.00 each and Warrant No. 33 for $33,580.23, all made payable to Navarro Lawn & Landscape for completion of a portion of the Storm Sewer & Paving —Section I improvements (PE #1). CF f) Warrant No. 34 for $9,179.01 made payable to Fullenkamp Jobeun Johnson & Beller for legal service rendered in connection with item e) hereinabove. CF g) Warrant No. 35 for $6,754.27 made payable to Bluestem Capital Partners for municipal advisory services on the Construction Fund Warrants issued at this meeting. CF h) Warrant No. 36 for $536.44 made payable to Access Bank for warrant servicing fee on the Construction Fund Warrants issued at this meeting. CF BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 628 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. 628 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. 628 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. 628 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. 628 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. 628 OF DOUGLAS COUNTY, NEBRASKA, HELD ON FEBRUARY 17,2023 There being no further business to come before the meeting, the meeting was adjourned. • Drew Soya, Clerk ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No.628 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 11:30 a.m. on February 17, 2023, at 10404 Essex Court, Ste. 101,Omaha,Nebraska 68114,is kept continuously current and available for public inspection at the office of the District's counsel during normal business hours. DATED this 176 day of February, 2023. /�� CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 628 of Douglas County,Nebraska("Maple 180")hereby certifies that Notice of meeting of the Board of Trustees of said District held on February 17, 2023 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 February 9,2023, 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. Drew Soya, Clerk G'. Construction Management&Administration 3306 North 180th Street Elkhorn, NE 68022 METRO PROJECT SERVICES February 14`h, 2023 Chairman and Board of Trustees Sanitary and Improvements District No. 628 c/o Mr. Larry Jobeun,Attorney 11440 W. Center Road Omaha, NE 68144 RE: Water Main Extension MUD#100059000274(WP1975) Engineers Project No. OPW 53439 Board Members, Please be advised that we have examined the plans and specifications for the construction of the water system to be installed by MUD known as their job 100059000274.We certify that this office approves the plans specifications, and their proposal of$127,012.00 is fair and reasonable. Also, please be advised that our estimate for the total fees of the water system is as follows: District Furnished material and labor costs $ 33,114.00 Connection Charges $ 64,753.00 Contributions to other pioneer mains $ 29,145.00 Total Estimated Water Main Extension Fees $127,012.00 We hereby recommend payment to MUD in the amount of$127,012.00. Please refer to the cover letter with the Agreement, which states that the cost of construction of the water system could change if the Agreement is not signed and the required amount received by February 13`h, 2023. Please return payment to MUD as soon as possible. If any additional information is needed, please call. METRO PROJECT SERVICES, INC Gabe Morton ['t mp]gwoea by Gabriel Morton �g4 rtuntwMleloWegroup.com. Gabriel Morton o��rlpon9 aMeG,ap. M=Gee,e R618" o23 02.151 5 22:20-0dgo' WATER MAIN EXTENSION AGREEMENT DEVELOPER-CONTRACTED INSTALLATION District Group No. WP1975 District Job No. 100059000274 THIS AGREEMENT is entered into on , between the Metropolitan Utilities District of Omaha, a political subdivision of the State of Nebraska, ("District"),and Sanitary& Improvement District #628 of Douglas County ("Developer"). The District owns and operates the water distribution system in the City of Omaha, Nebraska and the surrounding area. The Developer desires to obtain water service from the District and requests that the District authorize the Developer to contract for and construct water mains for that purpose upon the real property constituting the project area, described as follows: 1,660'+/- of 8" PVC water main in Maple 180 Subdivision at the northeast corner of N. 180th St. & West Maple Rd. to serve lots 1-7 In consideration of the mutual promises, covenants and agreements set forth in this Agreement, the parties agree as follows: 1. GENERAL. The Developer shall, at its sole cost and risk, cause to be constructed a water main or mains in accordance with the design, dimensions and specifications and in locations set forth in the design documents and plans that the District shall prepare as stated in Paragraph 2. Such construction shall be comply with the District's "Standard Specifications for Water Main Construction" which are incorporated herein. 2. PROJECT PLANS. The District shall prepare design plans that shall provide for a system of water mains and all appurtenances necessary for the provision of water service to the project area. Upon the District's completion of the plans, the District shall deliver the plans to the Developer and the Developer shall use the plans for the construction of the project. The plans shall be based on a preliminary or final plat, sewer plans and paving plans provided by the Developer. If any water system design changes are made necessary by a change in the plat or any other change made to the project area, the District shall make such design changes as are necessary at Developer's cost on a time-and-materials basis. The District shall provide the Developer with one set of reproducible project plans. 3. PAYMENT TO THE DISTRICT. Upon execution of this Agreement, the Developer shall pay to the District all applicable connection charges, pioneer main fees, administrative fees,tap fees, costs of District- furnished materials such as hydrants, valves or other fittings, District inspection costs, costs for pressure testing, disinfecting and placing of the mains into service. The total estimated cost for the above is$127,012 including: a. District-furnished material and labor costs ($33,114). b. Connection charges ($64,753). c. Contributions to other pioneer mains ($29,145). d. Firm price for " x "tap (None). If the total estimated costs are not sufficient to cover the actual costs as determined by the District upon completion of the project, the Developer shall pay to the District the difference between the actual costs and the total estimated costs. If the actual costs are less than the total estimated costs, the District shall refund the overpayment to the Developer upon completion of the project and any related WCP projects. 4. DEVELOPER-CONTRACTOR AGREEMENT. The Developer shall have the project constructed by a contractor chosen by the Developer in accordance with all statutes and bidding requirements that may apply to the Developer. Prior to the District issuing a notice to proceed, the Developer shall provide the name of the contractor to the District in writing, not less than 14 days prior to the start of construction. If the contractor was chosen through a bidding process applicable to the Developer, the Developer shall provide the District with the related meeting minutes. The District shall have the right to reject a contractor if, in the District's sole opinion, the contractor is not qualified to perform the project in a satisfactory manner. The Developer shall, at Developer's expense,furnish and install any items that are required to the complete the project but were not included in the standard specifications or the plans. 5. REQUIRED TERMS OF THE DEVELOPER-CONTRACTOR AGREEMENT. The contract between the Developer and the Developer's contractor shall include the following terms: a. A two-year warranty assuring the adequacy of performance of the general construction of the project granted directly to the District. b. A three-year warranty assuring the adequacy of any backfill relating to the project granted directly to the District. c. The contractor shall transfer to the District all manufacturers' warranties for all manufactured items incorporate into the project. d. The District's field inspector may make reasonable design changes due to omissions, or the discovery of new or changed conditions in the field. e. The contractor shall comply with and shall continue to comply with Nebraska Fair Labor Standards in pursuit of business and in the execution of the contract, and it is a provision of the contract that such standards, as defined in Neb. Rev. Stat. Section 73-104 shall be maintained. f. A Certificate of Non-segregated Facilities and an Equal Opportunity agreement, including an Equal Opportunity clause as provided by the District. See the attached Appendix A. g. The contractor shall obtain and provide a performance bond and a labor and materials bond in the amount of the project bid. The District shall be named as an additional insured under such bonds. h. The Developer shall retain ten percent (10%) of the contract payment until final acceptance of the project by the District. i. The construction shall conform to the District's plans and the District's "Standard Specifications for Water Main Construction." j. The contract shall be limited to work directly related to the extension of water mains and shall not include any unrelated work. k. The contractor shall notify the District's Director of Plant Engineering at least two working days prior to beginning work on the project and prior to returning to work on the project after any suspension of work. I. The contractor shall obtain from the District all required hydrants, valves, chlorine tubes and all fittings designated on the plans as District-furnished. 6. FIELD INSPECTOR. The District shall provide a field inspector during the construction phase of the project. The District-provided field inspector may make reasonable design changes due to the discovery of new conditions in the field. The presence of a District field inspector shall not alter the responsibility of the Developer or contractor to perform the contract, or for the Developer to provide their own inspector to oversee the water main installation. 7. PAVING: No water main piping shall be installed prior to the installation of street paving, storm sewer inlet installation and finish grading of the R.O.W. in any location, unless authorized in writing by the District. If,within five (5)years from date the main installation is placed into 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. 8. CHLORINE TUBES: The Developer's contractor shall supply its own 6 inch and 8 inch chlorine tubes. Upon request, the District shall loan to the Developer's contractor, free of charge, chlorine tubes 12 inch and larger for use on the project. The contractor shall return the 12 inch and larger chlorine tubes to the District before the water mains can be tapped. The Developer shall be charged the cost of the chlorine tubes if they are not returned to the District. Damaged chlorine tubes shall be repaired at the Developer's expense. The District may make exceptions to the requirement for such return for contractors who have other District water main jobs requiring the chlorine tubes. 9. MAINS AVAILABLE FOR TAPPING: The District may allow mains to be tapped prior to the District's final acceptance set forth in Paragraph 15. If there are no defaults by either the Developer under this Agreement or under the Developer-Contractor agreement, the District may allow tapping prior to total completion of backfill, seeding, completion of vaults and similar final matters. 10. EASEMENTS. The District shall obtain all easements required for the project. The District may withhold water service to the project area until the delivery and filing of all required easements. If, for any reason,service has been previously provided, additional water service or taps may be withheld until delivery and filing of all required easements. 11. PERMITS AND LICENSE AGREEMENTS. The District shall acquire all permits and license agreements required for the project. 12. TIME. The Developer shall complete performance of this Agreement within eighteen (18) months after the District delivers the design documents to the Developer. The District may provide time extensions at its discretion. 13. FINAL PAYMENT. The Developer shall not make final payment to the contractor until the District determines that the work has been completed in full accordance with this Agreement and the project plans and specifications. Final acceptance by the Developer shall not impair the District's right to hold the Developer responsible for full compliance with this Agreement. 14. TERMINATION. If, at any time, the Developer abandons work on the project, the Developer shall pay the District for all work performed and for any materials furnished by the District under Agreement to the time of the Developer's notice to the District to cease such work. 15. DISTRICT'S FINAL ACCEPTANCE. The District's final acceptance of the project shall occur upon completion of the following requirements and the District's final acceptance shall cause the transfer of the following rights and responsibilities: a. The District's final acceptance of the project shall be made after final inspection by the District and a finding that the project was performed in full accordance with this Agreement. b. The water mains, hydrants, valves and all appurtenances installed under the project shall become the property of the District and shall become an integrated part of the District's water distribution system. The District shall be responsible for maintenance of all project facilities. No document other than this Agreement shall be necessary to reflect such transfer of property upon District's final acceptance. c. The Developer shall bear all risks and liabilities arising by reason of installation and the presence of the project facilities accruing prior to the District's final acceptance. The District shall bear all risks and liabilities arising by reason of the installation and presence of the project facilities and accruing after the District's final acceptance. The developer shall bear all risks and liabilities arising by reason of installation and presence of the project facilities accruing prior to the District's final acceptance. d. The warranties granted by the contractor to the District shall begin to run. e. Water shall be available for tapping by individual customers within the project area, subject to paragraph 9. 16. CERTIFICATION OF COSTS. Developer shall certify to the District the total of the Developer's costs of the project including engineering costs associated with the main installation and actual quantities installed and unit prices within 60 days of the District's final acceptance. 17. PHASED DEVELOPMENT. If the Developer develops the project in phases, the Developer shall provide a separate agreement for each phase and the District's design shall be provided for each phase separately. 18. ADDITIONAL WORK. If, during construction, the District or Developer determines that additional work is required due to field conditions, the Developer shall pay for all such additional work. 19. CONDITIONS. Prior to the notice to proceed provided under paragraph 22, the following conditions shall be satisfied: a.The District's shall receive all related Water Main Extension Agreements and required payments, including those under separate construction contracts for related approach mains. 20. LANDSCAPING. Developer shall not landscape or allow anyone else to landscape in the right-of-way or in easements obtained for main installation. Landscaping shall be defined as the placement of large decorative materials including, but not limited to,the planting of trees, the placement of large rocks or monuments or other large decorative objects. Small shrubbery, plants or small decorative rock are allowed. 21. APPROACH MAINS. The availability of a water supply to the project area may be conditioned upon the construction of one or more pioneer approach mains under separate construction contracts awarded by the District. The Developer's contractor shall be responsible for making all connections as shown and specified in the design drawings and specifications. 22. NOTICE TO PROCEED. The District shall issue a Notice to Proceed after all the requirements of paragraphs 4, 10, 11 and 19, of this Agreement are met. 23. AUTHORITY TO EXECUTE. The District's Senior Vice President, Operations and the person executing on behalf of the Developer represent that they are properly authorized to enter into this Agreement by their principals. 23. AGREEMENT BINDING ON SUCCESSORS AND ASSIGNS. This Agreement is the entire agreement between the parties, and there are no terms or conditions other than those contained in this Agreement. This Agreement shall be binding upon and be for the benefit of the successors and assigns of the parties. 24. EROSION CONTROL. The District may remove erosion control measures if the District determines that such measures interfere in any way with the installation, repair or maintenance of the District's mains or facilities. The District shall use reasonable efforts to avoid damage to or removal of erosion control measures. The Developer shall repair or replace erosion control measures as may be required after the District's installation, repair or maintenance is completed. The District shall not be responsible for damage to erosion control measures and shall not be responsible to repair or replace them. The Developer shall indemnify the District from any federal or state liabilities that may arise due to such removal or damage. The District shall use reasonable efforts to avoid damaging or removing erosion control measures. The parties execute this Agreement on the date written above. SANITARY AND IMPROVEMENT DISTRICT METROPOLITAN UTILITIES DISTRICT #628 of DOUGLAS COUNTY, a political subdivision, OF OMAHA, NEBRASKA, a political subdivision, 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\WP1975\Legal\100059000274 MEA GAS MAIN EXTENSION AGREEMENT District Group No. GP2773 District Job No. 100060001466 THIS AGREEMENT is entered into on between METROPOLITAN UTILITIES DISTRICT OF OMAHA, NEBRASKA, ("District"), and Sanitary & Improvement District #628 of Douglas County , ("Applicant"). In consideration of the mutual promises set forth in this Agreement, the District and the Applicant agree as follows: 1. In consideration of the Applicant's payment of Eight Thousand Six Hundred Eleven 00/100 Dollars ( $8,611 ), receipt of which is acknowledged, which is the estimated difference in cost between the cost of the equivalent-size mains required by the District and the Applicant's revenue credits, the District shall install, as soon as is reasonably possible, 1,660'+/-of 8" PVC water main in Maple 180 Subdivision at the northeast corner of N. 180th St. &West Maple Rd. to serve lots 1-7 as shown on the attached plat marked Exhibit"A"together with such appurtenances as the District may deem necessary ("main" or"mains"). The total estimated cost of the main installation is $32,614, of which cost the District shall assume $24,003. 2. The Applicant shall not be eligible for refunds arising from later connections to the gas main for real property that was considered in the original economic feasibility study and described as follows: - Lots 1-7 - Maple 180 Subdivision 3. This Agreement does not guarantee a gas supply to any properties abutting the mains installed under this Agreement if such connections are in conflict with the District's Gas Rules and Regulations, which are subject to change at the discretion of the District's Board of Directors. 4. The Applicant shall encourage the use of natural gas for water and space heating fuel in the subdivision or on property to be served under this Agreement. The Applicant shall impose no covenants or restrictions in the subdivision or on the property that restrict or adversely affect the use of natural gas supplied by the District through this main extension. The District's calculation of the economic feasibility of this main installation is based upon the use of space heating for all lots in the subdivision. Upon the District's determination that a lot is using another energy source for space heating, the Applicant shall pay to the District any stranded main costs calculated by the total cost of the main divided by the number of lots within the subdivision. 5. 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. If,within five(5)years from date the mains are placed into 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. 6. This Agreement, and any gas supplied in connection with it, is subject to all applicable curtailment orders, all applicable statutes and rules and regulations regarding the use of gas. 7. The main shall be the property of and under the control of the District. 8. 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. 9. 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 10. This Agreement is conditioned upon receipt of all permits and easements necessary for the main installation. 11. 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 gas 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. 12. If the main installation is delayed by severe cold weather or when there is more than eight inches (8") of frost in the ground, the District shall not be required to work on the main installation without reviewing the Applicant's available Revenue Credit or Applicant's payment of additional compensation. SANITARY AND IMPROVEMENT DISTRICT METROPOLITAN UTILITIES DISTRICT OF OMAHA: #628 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\GP2773\Legal\100060001466 MEA -- ..,, ...", Ia I m L-I.S101 a ""'''°"-0 "'sr" ELLZdD 'CH 91dVIN'M 9'1S 410HL.'NdOd3N§1003N NVLlodoal3W I 0 olo m,n .e."�.. .� .�...«"... :I O8 31dVW L 1 0 1 I r 1 � 1 1 I I 01 116 co Ili I? a 1I I ' M 1 1 0O 1 1 1 I III h '? 4 i e EE,t o IalVs Ia , a" 1 I1 11i 1 ' L ' 1 1 - j 1 v.' {kP�y ELO; o e I 1 11 Ill —6.k.E;isY I . �a�gk .eI" i 1I 1I 1Iil i "s341 .-Ngs31Y z 3:Y1 how,- o , -aI r'a rcV W6 _ YAK V gb- �c r° o i N3 o ill cc A.__._. mL N�iT11M1 5T. 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Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#628 November 30,2022 do Mr.Larry Jobeun,Attorney Project No: P2017.174.000 11440 West Center Road Invoice No: 164637 Omaha,NE 68144 Project P2017.174.000 628-Maple 180 in Omaha,NE-District Maintenance&Erosion Control Professional Services from October 17,2022 to November 13,2022 Phase 122 2022 District Maintenance Task 000 Administration Professional Personnel Hours Rate Amount Administrative Assistant III .75 105.00 78.75 Totals .75 78.75 Total Labor 78.75 Total this Task $78.75 Task 440 Repairs/Maintenance Professional Personnel Hours Rate Amount Administrative Assistant II 1.00 95.00 95.00 Totals 1.00 95.00 Total Labor 95.00 Total this Task $95.00 Total this Phase $173.75 Phase 222 2022 Erosion&Sediment Control Inspecting/Reporting Task 196 Erosion Control Professional Personnel Hours Rate Amount Environmental Scientist I 6.92 85.00 588.20 Environmental Scientist II 1.75 106.00 185.50 Environmental Scientist III .75 121.00 90.75 Environmental Scientist IV 1.00 139.00 139.00 Totals 10.42 1,003.45 Total Labor 1,003.45 Total this Task $1,003.45 Total this Phase $1,003.45 Phase 999 Reimbursables Unit Billing Mileage 33.75 Total Units 33.75 33.75 Total this Phase $33.75 Total this Invoice $1,210.95 Approved By: Robert Czerwinski E&A Consulting Group,Inc. Engineering Answers 10909 Mill Valley Road,Suite 100 Omaha,NE 68154-3950 402.895.4700 Douglas County SID#628 December 31,2022 do Mr.Larry Jobeun,Attorney Project No: P2017.174.000 11440 West Center Road Invoice No: 165006 Omaha,NE 68144 Project P2017.174.000 628-Maple 180 in Omaha,NE-District Maintenance&Erosion Control Professional Services from November 14,2022 to December 18,2022 Phase 122 2022 District Maintenance Task 440 Repairs/Maintenance Professional Personnel Hours Rate Amount Administrative Assistant II .25 95.00 23.75 Totals .25 23.75 Total Labor 23.75 Total this Task $23.75 Total this Phase $23.75 Phase 222 2022 Erosion&Sediment Control Inspecting/Reporting Task 196 Erosion Control Professional Personnel Hours Rate Amount Environmental Scientist I .95 85.00 80.75 Environmental Scientist I 3.80 85.00 323.00 Environmental Scientist III 3.64 121.00 440.44 Environmental Scientist IV .75 139.00 104.25 Environmental Scientist X 1.25 260.00 325.00 Totals 10.39 1,273.44 Total Labor 1,273.44 Total this Task $1,273.44 Total this Phase $1,273.44 Phase 999 Reimbursables Unit Billing Mileage 40.00 Total Units 40.00 40.00 Total this Phase $40.00 Total this Invoice - $1,337.19 Approved By: Robert Czerwinski Construction Management&Administration 3306 North 180th Street Elkhorn,NE 68022 METRO PROJECT SERVICES February 14th, 2023 Chairman and Board of Trustees Sanitary and Improvements District No, 628 c/o Mr. Larry Jobeun,Attorney 11440 W. Center Road Omaha, NE 68144 RE: Construction Administration—Section I—Maple 180 Engineers Project No. OPW 53439 Board Members, Attached is the invoice for construction administration related to pay application#1 of NL&L in the total amount of$15,064.32. If you have any questions relative to the above, please contact the undersigned. METRO PROJECT SERVICES, INC Gabe Morton ]D II lIv ase„ed by eaennmonon Gabriel Mortis* .4@ii-oas,,aa ;,mo„o METRO PROJECT SERVICES Construction Management & Administration 3306 North 180th Street Elkhorn, NE 68022 INVOICE NO: # S07419 DATE: February 15th, 2023 TO: Sanitary Improvement District 628 10404 Essex Court, Suite 101 Omaha, NE 68114 DESCRIPTION PERIOD AMOUNT DUE BASIS VALUE -MULTIPLIER Section I 11/1/2022 - $183,580.23 0.085 $15,604.32 2/15/2023 Navarro L&L $15,064.32 TOTAL AMOUNT DUE: 14 Construction Management&Administration 3306 North 180th Street Elkhorn, NE 68022 METRO PROJECT SERVICES February 14th, 2023 Chairman and Board of Trustees Sanitary and Improvements District No, 628 c/o Mr. Larry Jobeun,Attorney 11440 W. Center Road Omaha, NE 68144 RE: Storm & Paving—Section I—Maple 180 Engineers Project No. OPW 53439 Board Members, Enclosed please find payment application #1 from Navarro Lawn and Landscaping in the total amount of $183,580.23. 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Ow co a. §§ CD E // e , § ] / r • : j 0§ & § i » \ E tO co ta m §] \ cc,o CI � 0 a 0 °0 ° 0 o \ \ \ \ \\ a. ee co \ \ \ 0 .. 01 cc 0 0 \\ \ O. EZ » !) / } \ Z N N ® FULLENKAMP John H.Fullenkamp 11.1 JOBEUN Larry A.Jobeun ® B JOHNSON & Mark B.Johnson BELLER LLP Brent W.Beller February 17, 2023 Chairman and Board of Trustees Sanitary and Improvement District No. 628 of Douglas County, Nebraska Statement of Services Rendered For Legal Services rendered in connection with the following: a. Navarro Lawn & Landscaping for completion of a portion of $183,580.23 the work in the Storm Sewer& Paving—Sec. I improvements and in accordance with Pay Est. No. 1. LEGAL FEES (5%): $9,179.01 EXPENSES: $ -0- Filing Fees, Publications, Copying, & Postage TOTAL AMOUNT DUE: $9,179.01 /s/Larry A. Jobeun Attorney for the District 11440 WEST CENTER ROAD• OMAHA, NEBRASKA 68144• PHONE 402-334-0700• FAx:402-334-0815 • 402-691-5270 pc orzl wic.al el ati ® 1 � filL Ii J� pi►. d pg �pUE 4 N. g i 6 o w b dd 'a lip a v m � � � ? i � � fluII!i1 0 1 II 411,P 0 Z © illi w1ki I1P1 CIS X d 6. 'q�q 99�� i v . ,e A 0 1 ® F ig i, ki A II . a g § oEggh.la � °jiJR3 9.uE 3c. NE5�B ,- NNqq mNir xztwi W goS'S.. ZZFmel z..;gCs C§0 a YZNz w =eg 03EL" 5p'--E/. tt ao y C bC°0.1i3-Yi.'8i@ m�g'y NUe1RU 5i SWI,c°N N C t } FULLENKAMPJOBEUN THE DAILY� RECORD 11411 40 WestON SELLER RoadLL OF O1r1L"11� Omaha,ah Nebraska 44 68144 NOTICE OF MEETING JASON W. CT HUFF,,Publisher SANDASTYANDNIM6R2OVOFENT PROOF OF PUBLICATION DOUGLAS COUNTY,NEBRASKA NOTICE IS HEREBY GIVEN that the initial UNITED STATES OF AMERICA, meeting of the Board of Trustees of Sanitary 1 The State of Nebraska, s8. and Improvement District No.628 of Douglas District of Nebraska, County will held 11:30 a.m.oo February County of Douglas, pu,2023,which meeting l be open to the Court, Ste.person0 , attendance at Nebraska Essex68114, City of Omaha, which Stei g Omaha,Neacc 66114, the Nebraska shall be inis accordancet. An wa chrea Open Meetings An agenda i JASON W.HUFF and/or PIISLAUS STEWART for such meeting,p kept continuously current is available Dist for public l urign at the office usin of _ the District's counsel during normal business I being duly sworn,deposes and say that they are the hours,the same including the payment of bills PUBLISHER and/or LEGAL EDITOR 1 and other business of the District. of THE DAILY RECORD, of Omaha, a legal newspaper,printed and Drew Soya,Clerk of The District 2/9 ZNE2 published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copiess printed Omaha,in said County of Douglas,for more than fifty-two past; that the printed notice hereto attached was published in THE DAILY RECORDFebr uary 9•v23 tk I That said Newspaper during that time was regularly published and .i.ty of Douglas and State of Nebraska. GENERA.NOTARY-State of Nebraska Al fit y Comm. M.PALMERO scribed in In Zt'eeenCe and sworn to before „.®. My Comm. �.+��•�r1,20259 ', Y[Cl this day of Publisher's Fee $ meASFebruary 23 Additional Copies $ aiwwjmsv*1ft h sr 35.92 ` 1' Total $ No k Public in and for II tights ounty, State of Nebras:; AGENDA Sanitary and Improvement District No. 628 of Douglas County,Nebraska(Maple 180);Meeting to be held February 17, 2023 at 11:30 a.m. at 10404 Essex Court, Ste. 101, Omaha,Nebraska 68114. 1. resent Nebraska Open Meetings Act; Trustee roll call: • to rrr*g'3fibyal- cairn an""m f'Drcwlaova Cl • lex&ullinglgn,? t . JayK1 40c ^3 ChaIve r I itiPresent 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 for Maple 180 — Phase I, and any related ^s ek appurtenances, and the payment of any costs related thereto; order hearing to be held and S required publications. resent Gas Main Extension Agreement, the same to be entered into by and between the *, istrict and Metropolitan Utilities District, said agreement outlining the construction criteria -) in connection with the gas main extension and related appurtenances to be constructed in Maple 180—Phase I. 5- 4. 'resent statements; vote on and approve payment from the General Fund Account of the o District for the following: ^— +; 11) E& A Consulting Group, Inc. for engineering services relating to $2,548.14 .� general maintenance of the District and erosion control and report- ing (No. 164637, 165006). VI' b. t luestem Capital Partners for municipal advisory services on the $ 82.81 9 General Fund warrants issued at this meeting (3.25%). 0 tJ ccess Bank for warrant servicing fee on the General Fund war- $ 6.58 "'C7 rants issued at this meeting (0.25%). <, — �i O 'F•sent statements;vote on and approve payment from the Construction Fund Account of the *',y istrict for the following: g 1111 Metro Project Services for construction administration services $15,064.32 relating to the Storm Sewer & Paving—Sec. I improvements (# S07419). x b. Navarro Lawn & Landscaping for completion of a portion of $183,580.23 'w the work in the Storm Sewer & Paving—Sec. I improvements E and in accordance with Pay Est. No. 1. ci --} Fullenkamp Jobeun Johnson& Beller, LLP for legal services $9,179.01 rendered in connection with item b.)hereinabove (5%). d. Bluestem Capital Partners for municipal advisory services on the $6,754.27 Construction Fund warrants issued at this meeting (3.25%). eAccess Bank for warrant servicing fee on the Construction Fund $ 536.44 warrants issued at this meeting (0.25%). 6. Any and all business before the Board as deemed necessary; meeting adjourned.