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2023-07-07 SID 590 Minutes CERTIFICATE The undersigned hereby certify that they are the Chairperson and Clerk of Sanitary and Improvement District Number 590 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 meeti r while open to the attendance of the public. IN WITNESS WHEREOF,we have hereunto affix . r off . nature this 7'h day of July 2023. e'1 I Arun Agarwal,Chairman ._> Jay Kline,Clerk MINUTES OF THE MEETING OF THE BOARD OF TRUSTEES OF SANITARY AND IMPROVEMENT DISTRICT NO. 590 OF DOUGLAS COUNTY,NEBRASKA HELD AT 10:30 A.M. ON JULY 7, 2023 AT 10404 ESSEX COURT, OMAHA,NEBRASKA. The meeting of the Board of Trustees of Sanitary and Improvement District No. 590 of Douglas County, Nebraska was convened in open and public session at 10:30 a.m. on July 7, 2023, at 10404 Essex Court, Ste. 101, Omaha, Nebraska, 68114, and pursuant the terms and conditions set forth in the Nebraska Open Meetings Act, a copy of which was made available to all in attendance at these proceedings. Trustees Arun Agarwal Jay Kline, Drew Soya and Alex Bullington were all present at the location referenced hereinabove. Also present at the meeting was Larry Jobeun of Fullenkamp Jobeun Johnson & Beller, LLP, attorneys on behalf of the District. Doug Walter of E & A Consulting Group, Inc., engineers on behalf of the District, and Gabe Morton of Metro Project Services also attended the meeting. No Trustee was absent. Notice of the meeting was given in advance thereof by publication in the Omaha World- Herald on June 30, 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. The availability of the agenda was communicated in the published notice and in the notice of the Trustees of this meeting. All proceedings of the Board were taken while the convened meeting was open to the attendance of the public. The Clerk then certified that notice of this meeting had been given to the City of Omaha, Nebraska and the Douglas County Clerk at least seven days prior to the time set by the Board of Trustees for this meeting and filed his Certificate to that effect, said Certificate being attached to these minutes and made part hereof by this reference. The Chairman first presented the list of bids and bidders for the construction of the Sidewalk Improvements - Section I, said bids having been received on July 6, 2023 (Notice to Contractors having been published on June 16, 23 and 30, 2023), 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 Jackson's Complete Concrete, the lowest qualified bidder in the amount of$80,316.00, 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. 590 of Douglas County, Nebraska that the bid of Jackson's Complete Concrete ("Jackson's") for the construction of the Sidewalk Improvements — Section I, pursuant to the terms and conditions set forth in the contract to be entered into by and between the District and Jackson's, and in the amount of $80,316.00, 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 Jackson's for construction of the improvements. The Chairman next presented the list of bids and bidders for the construction of the Sidewalk Improvements — Section II, said bids having been received on July 6, 2023 (Notice to Contractors having been published on June 16, 23 and 30, 2023), 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 Jackson's Complete Concrete, the lowest qualified bidder in the amount of$37,504.50, 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. 590 of Douglas County, Nebraska that the bid of Jackson's Complete Concrete ("Jackson's") for the construction of the Sidewalk Improvements — Section II, pursuant to the terms and conditions set forth in the contract to be entered into by and between the District and Jackson's, and in the amount of $37,504.50, 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 Jackson's for construction of the improvements. The Chairman then presented the following statements for payment from the General Fund Account of the District: a. E&A Consulting Group, Inc. for engineering services relating to $1,784.16 general maintenance of the District and reporting (No. 167062). b. Chastain Otis for renewal of GLIA, CUMB and Workers' Comp. $3,679.00 policies of the District (#2820). c. Bluestem Capital Partners for municipal advisory services on Gen- $ 177.55 eral Fund Warrants issued at this meeting (3.25%). d. West Gate Bank for warrant holding fee on General Fund Warrants $ 14.10 issued at this meeting (0.25%). The Chairman then presented the following statements for payment from the Construction Fund Account of the District: a. Metro Project Services for construction administration relating $35,424.98 to the Storm Sewer& Paving—Sec. I and Sanitary, Storm & Paving-Sec. II improvements (#S07417). b. Metro Project Services for construction administration relating $30,866.40 to the Sanitary, Storm & Paving—Sec. II improvements and in connection with Pay Est. Nos. 3, 4, 5 & 6 (#S07420, S07421, S07422, S07423). c. Bluestem Capital Partners for municipal advisory services on Con- $2,154.47 struction Fund Warrants issued at this meeting (3.25%). d. West Gate Bank for warrant holding fee on Construction Fund Warr- $ 171.11 ants issued at this meeting (0.25%). Then, upon a motion duly made, seconded and upon a roll call vote of "aye" by the Trustees Agarwal, Sava, Kline and Bullington, the following Resolutions were unanimously adopted: BE IT RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 590 of Douglas County, Nebraska that the Chairman and Clerk be and they hereby are authorized and directed to execute and deliver Warrant Nos. 318 through 325, inclusive, dated the date of this meeting, to the payees, for the following services and in the following amounts, said warrants to draw interest at the rate of 6% per annum in the General Fund and Construction Fund Accounts of the District, Warrant Nos. 318 through 321 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 July 7, 2026 (the "General Fund Warrants") and Warrant Nos. 322 through 325 to be payable from the Construction Fund Account of the District and to be redeemed no later than five (5) years of the date hereof, being July 7, 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. 318 for $1,784.16 made payable to E & A Consulting Group, Inc. for engineering services relating to general maintenance of the District and reporting. b) Warrant No. 319 for $3,679.00 made payable to Chastain-Otis for various renewals of annual insurance policies of the District. c) Warrant No. 320 for $177.55 made payable to Bluestem Capital Partners for municipal advisory services on General Fund Warrants issued at this meeting. d) Warrant No. 321 for $14.10 made payable to West Gate Bank for warrant holding fee on General Fund Warrants issued at this meeting. e) Warrant No. 322 for$35,424.98 made payable to Metro Project Services for construction administrative services in connection with the Sanitary, Storm & Paving — Section II improvements. CF f) Warrant No. 323 for$30,866.40 made payable to Metro Project Services for construction administrative services in connection with the Sanitary, Storm & Paving — Section II improvements, relating to Pay Est. Nos. 3-6. CF g) Warrant No. 324 for $2,154.47 made payable to Bluestem Capital Partners for municipal advisory services on Construction Fund Warrants issued at this meeting. CF h) Warrant No. 325 for $171.11 made payable to West Gate Bank for warrant holding fee on Construction Fund Warrants issued at this meeting. CF BE IT FURTHER RESOLVED by the Board of Trustees of Sanitary and Improvement District No. 590 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. 590 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. 590 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. 590 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. 590 of Douglas County, Nebraska that 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. 590 OF DOUGLAS COUNTY,NEBRASKA,HELD ON JULY 7, 2023 The being no er bus to come before the meeting, the meeting was adjourned. �/ Arun Agarwal, Chairman Jay K}Jtie\Clerk ACKNOWLEDGMENT OF RECEIPT OF NOTICE OF MEETING The undersigned Trustees of Sanitary and Improvement District No. 590 of Douglas County, Nebraska do hereby acknowledge receipt of advanced notice of a meeting of the Board of Trustees of said District, and that the agenda for such meeting, held at 10:30 a.m. on July 7, 2023 at 10404 Essex Court, Ste. 101,Omaha,Nebraska 68114 and in accordance with the Nebraska Open Meetings Act,is kept continuously current and is available for public inspection at the office of the District's counsel during normal business hours. DATED this 7m day of July 2023. c, CERTIFICATE The undersigned being Clerk of Sanitary and Improvement District No. 590 of Douglas County,Nebraska hereby certifies that Notice of meeting of the Board of Trustees of said District held on July 7,2023,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 pursuant the instructions contained in the notice of meeting given in advance thereof by publication in the Omaha World-Herald on June 30, 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 within thirty (30) days from the date of this meeting. Jay tlirie, Clerk con &A CONSULTING GROUP,INC. Engineering Answers 10909MIII Valley Road,Suite 100 . Omaha,NE 68154-3950 P 402.895.4700 • F 402.895.3599 www.eacg.com July 7, 2023 Sanitary and Improvement District 590, Douglas County % Mr. LarryJobeun Fullenkamp,Jobeun,Johnson&Beller 11440 West Center Road Omaha, NE 68144 RE: CONTRACT AWARD ENCLAVE FLATS SIDEWALK IMPROVEMENTS—SECTION I E&A P2017.248.002 Dear Mr.Jobeun, We have reviewed the Tabulation of Bids received on July 6,2023 for Sidewalk Improvements—Section I and we hereby recommend Award of Contract on the total base bid to Jackson's Complete LLC, low bidder, in the total amount of $80,316,00. 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. f � ✓ ✓ Douglas Walter Project Manager DW/ca cc:Jackson's Complete, LLC { ‘- CI • \®(/ I VI i \ \ �rr en� co ( § § § § ! § ! | ! ` \ 111 C.c. | $ § $ § / $ § 3 to lit 0 _ at\/ 0 hz 0 ..- 8wn 2nn- 0- ao n g � g- §�a | ��\{ \/ / ` � � lE ! ! ° : ee� \ �# gwo m . 4Iti ! § § § ; § ! \ l , inwe Len . : ! ! ua a 0 ) § j § \ / \ \ - 8 ( ) ° =2R z 1- - \\a 0 \ \ § 00ijn< g! § ; § § § § rr ; nuah ilurl�l- er ld PROOF OF PUBLICATION See Proof on Next Page AFFIDAVIT State of Florida, County of Hernando,ss: I, Stefan Edward Pla, being of lawful age, being duly sworn upon oath, hereby depose and say that I am agent of Column Software, PBC, duly appointed and authorized agent of the Publisher of Omaha World Herald, a legal daily newspaper printed and published in the county of Douglas and State of Nebraska, and of general circulation in the Counties of Douglas, and Sarpy and State of Nebraska, and that the attached printed notice was published in said newspaper on the dates stated below and that said newspaper is a legal newspaper under the statutes of the State of Nebraska. PUBLICATION DATES: 16 Jun 2023 23 Jun 2023 30 Jun 2023 NOTICE NAME: SID 590- NTC Sidewalk Sect. I-Redo PUBLICATION FEE:$356.76 Alta (Signed) ma mor .il pY Y G ANDREA MACIAS 140 4B5 VERIFICATION IA tong Notary Public-Sta[e of Florida I•I Commission It Hit 70054 State of Florida 'f+-`lg Expires on December 10 2024 County of Hernando Subscribed in my nresence and sworn to before me on this:06/30/2023 A t _ ` .`. ' Notary Public Notarized online using audio-video communication SID 590 - NTC Sidewalk Sect. I Redo - Page 1 of 2 FULLENKAMP JOBEUN JOHNSON&SELLER,LLP 11490 WEST CENTER ROAD OMAHA,NEBRASKA 68144 NOTICE..TOSONTRACTORS:: SANITARY AND IMPROVEMENT DISTRICT NO.590 OF DOUGLAS COUNTY,NEBRASKA Sealed proposals will be received by the Clerk of said District at the ofilceot E&A Consulting Group,Inc.,10909 Mill Valley Road, Suite 100,Omaha,Nebraska until2.00 P.M.on the 6 th day of July,2023,for furnishing at labor tools,materials and equipment required to construct as.SIDEWALK IMPROVEMENTS—SECTION I for Sanitary and improvement District 590,Douglas Country Nebraska as pet the plans and specification for said work;at the location shown on the detailed drawing and in the specifications now on tile with the Clerk of said District and available at the office of E&A Consulting Group,which proposals as are received wilt, at the time,be publicly opened,read aloud,and tabulated. The work consists essentially of the following estimated quantities:. APPfPXIMATE„QUANTITIE.S ITEM DESCRIPTION OUANTITY UNIT 1 SAW CUT-FULL DEPTH 44 LF 2 REMOVET PAVEMENT 7 SY 3 CONSTRUCT 4"PCC SIDEWALK 9733 SF 4 CONSTRUCT DETECTABLE WARNING PANEL. 266' SF 5 CONSTRUCT CURB RAMP TPCC 1,250 SF 6 CONSTRUCT STAMPED CONCRETE T PCC 640 SF 7 CONSTRUCT 7"PCC COMBINATION CURB AND GUll tR 28 LF 8 TIE BARS 8 .EA 9 INSTALL SEEDING TYPE 1,550.. SY The amount of the engineer's estimate or the cost of said improvements(exclusive of engineering,fiscal legal,interest,easement acquisition,and miscellaneous costs)Is$106,000.00: - -All proposals must be submitted on bid forms furnished by E&A Consulting Group,and must be accompanied by an original bid bond or a certified check In the amount not less than$5,30000 made payable to the Treasurer.of Sanitary and improvement District 590 as security that the bidder to whom the contract may be awarded will enter into a contract to build the}improvement in accordance with this.Notice to Contractor and will give a contract and maintenance bond In the amount o1100%of the total contract pace,all as provided In the specifications Bid bonds must be executed by a duly licensed corporate,surety-Checks accompanying proposals not accepted shall be returned to the bidders. No bidder may withdraw his proposallor a period of sixty(60)days after date set for opening of bids.All proposals must be enclosed in an envelope,sealed and addressed to the"Clerk of Sanitary and improvement District 590'and shall be marked"PROPOSAL FOR SIDEWALK IMPROVEMENTS—SECTION F with the bidder's name and address on said envelope. The Bid Security shall be In a separate sealed envelope:attached to the Proposal envelope and shall be marked'BID SECURITY" with the project Identified thereon.Proposals received after the above time,shall be returned unopened to the bidder submitting the proposal The work herein provided shall be done under wridencontract with the responsible bidder submitting the lowest acceptable bid in accordance with the requirements of the plans and specifications and as provided by law Plans specifications,and contract documents governing the above-relereneed proposal as prepared by E&A Consulting Group, 10909:Mu Valley Road Suite 100,Omaha,Nebraska,are hereby made a part of this Notice.The proposed contract shall be executed In therewith.Copies of said plans and specifications may be obtained by Interested bidders at the office of E &A Consulting Group upon payment of$40.00,noneofwhichwklbemfumied, Sanitary:and improvement District 590 of Douglas County.Nebraska,reserves the fight to reject any or all bids received and to waive informalities and irregularities. SANITARY AND IMPROVEMENT DISTRICT 590 OF DOUGLAS COUNTY,NE Jay Kline.Clerk of the Distdq 2023,(6)16,23 30-Fridays,ZNEZ SID 590 - NATO Sidewalk Sect. I Redo - Page 2 of 2 ea 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 July 7, 2023 Sanitary and Improvement District 590, Douglas County Mr. Larry Jobeun Fullenkamp,Jobeun,Johnson & Beller 11440 West Center Road Omaha, NE 68144 RE: CONTRACT AWARD ENCLAVE FLATS SIDEWALK IMPROVEMENTS—SECTION II E&A P2017,248,002 Dear Mr,Jobeun, We have reviewed the Tabulation of Bids received on July 6, 2023 for Sidewalk Improvements—Section II and we hereby recommend Award of Contract on the total base bid to Jackson's Complete LLC, low bidder, in the total amount of $37,504.50.00. 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. 490 Douglas alter Project Manager DW/ca cc:Jackson's Complete, LLC • o leg, 11 260 I CL^w = o 214in z � ` � \ /7. /�� - 2 � \� ''aW )t<- '!.\ , : o !f 52 ! B| ! § } )! ! |\ ! E _ ! ! o U o j § § § / _ � \ ) § ) \ § \\� CC N 0 , \ / ` Omaha lerad--ieratd PROOF OF PUBLICATION See Proof on Next Page AFFIDAVIT State of Florida, County of Hernando, ss: I, Stefan Edward Pla, being of lawful age, being duly sworn upon oath, hereby depose and say that I am agent of Column Software, PBC,duly appointed and authorized agent of the Publisher of Omaha World Herald, a legal daily newspaper printed and published in the county of Douglas and State of Nebraska, and of general circulation in the Counties of Douglas, and Sarpy and State of Nebraska, and that the attached printed notice was published in said newspaper on the dates stated below and that said newspaper is a legal newspaper under the statutes of the State of Nebraska. PUBLICATION DATES: 16 Jun 2023 23 Jun 2023 30 Jun 2023 NOTICE NAME: SID 590- NTC for Sidewalk Sect. II Redo PUBLICATION �FEE:$276.27 y (Signed) AAN064//U� ANDREA MACIAS r°Y P e(w i , o Notary Public State of Florida VERIFICATION15mm r- commiss,on#HH 70854 ty�l+a`P Expires on December l0 2024 State of Florida ° County of Hernando 0jg1pjp6� Subscribed in my nresence and sworn to before me on this:06/30/2023 A t Notary Public Notarized online using audio-video communication SID 590 - NTC for Sidewalk Sect. II Redo - Page 1 of 2 FULLENKAMP JOBEUN JOHNSON&SELLER,LLP 11440 WEST CENTER ROAD OMAHA,NEBRASKA 56144 NOTICE TO CONTRACTOFS SANITARY AND IMPROVEMENT DISTRICT NO.500 OF DOUGLAS COUNTY,NEBRASKA Sealed proposals will be received by the Clerk of said District al the office of E&A Consulting Group,inc.;'10909 MITI Valley Road Suite 100,Omaha,Nebraska until 2:00:RM on the 6:th day of July,2023,for furnishing at labor,tools;:materials and equipment required to construct as SIDEWALK IMPROVEMENTS—SECTION II tar Sanitary and Improvement District 590,Douglas Country,`Nebraska,as per the plans and specification for said work,at the location shown on the detailed drawing and in the specifications now on(Ilewtth the Clerk&said District and available attire office of E&A'Connulling Group,which proposals as are received wilt at the lime;be publicly opened,read aloud and tabulated. The work consists essentially ot the followingeshmated quanhtles` AEPROXIMATEQUANSITWES ITEM DESCRIPTION QUANTITY UNIT 1 CONSTRUCT 4"PCC SIDEWALK 6695 SF 2 CONSTRUCT DETECTABLE WARNING PANEL 16 SF 4 CONSTRUCT SEEDING-:TYPEPS' PCC 1500 SY The amount of the engineer's estimate of the cost of said improvements(exclusive of engineering,fiscal,legal,interest,easement acquisition,and miscellaneous costs)Is $44,100.00. All proposals must be submitted on bid forms tarnished by E&A Consulting Group, and must be accompanied by an original bid bond or a certified check in the amount not less than$2 205 00 made payable to.the Treasurer of Sanitary and improvement District 590 as security that the bidder to whom the contract may be awarded will enter into a contract to build the improvements in accordance win this Notice to Contractor and will give a contract and maintenance.bond In the amount of 100%of the total contract puce all as provided in the specifications Bid bonds must be executed by a duly licensedcorporate surety Checksaccompanying proposals not accepted shall be returned to the bidders,. No bidder may withdraw his proposal tar a period of sixty(60)days after date set for opening of bins.All proposals must be enclosed in an envelope;sealed and addressed to the'Clerk of Sanitary and Improvement District 590'and shall be marked PROPOSAL FOR SIDEWALK IMPROVEMENTS-SECTION lb with.the bidders name and address on said envelope. The Bid Security shall be In a separate sealed envelope attached to the Proposal envelope and shall be marked"BID SECURITY with the project identified thereon. Proposals received after the above time shall be retumad unopened to the bidder submitting the proposal. The work herein provided shall be done under written contract with the responsible bidder submitting the lowest acceptable bid In accordance with the requirements of the plans and specifications and as provided by law.. Plans, specifications, and contract documents governing the above-referenced proposal as prepared by E&A Consulting Group,10909 Mill Valley Road,Suite 100, Omaha,Nebraska,are hereby made a part of this Notice.The proposed contract shall be executed in compliance therewith Copies of said plans and specifications may be obtained by Interested bidders at the office of E&A Consulting Group upon payment of$35.00,none of which will be refunded. Sanitary and Improvement District 590 of Douglas County,Nebraska,reserves the fight to reject any or all bids received and to waive Informalities and irregularities.. SANiTARYAND IMPROVEMENT DISTRICT 590 OF DOUGLAS COUNTY,NE. By. Jay Kline,Clerk of the District. 2023,(6)16;.23,30-Fridays,ZNEZ SID 590 - NTC for Sidewalk Sect. II Redo - Page 2 of 2 • • • E&A Consulting Group,Inc. • Engineering Answers 10909 Mill Valley Road,Suite 100 • Omaha,NE 68154-3950 402.895.4700 • Douglas County SID#590 May 31,2023 do• Mr.Larry Jobeun,Attorney Project No: - P2017.248.000 11440 West Center Road Invoice No: 167062 Omaha,NE 68144 Project P2017.248.000 590-Enclave Flats in Omaha,NE-District Maintenance Professional Services from April 24.2023 to May 21,2023 Phase 123 2023 District Maintenance- Task 135 Diggers Hotline • Professional Personnel • Hours Rate Amount Project Coordinator II .10 127.00 12.70 Construction Technician! 1.25 99.00 123.75 Constuction Technician III 3.10 129.00 399.90 • Totals 4.45 536.35 • Total Labor 536.35 Total this Task $536.35 • • Task • - 537. Surveyor's Certificate Professional Personnel Hours Rate Amount • Project Coordinator I .50 .112.00 56.00 Totals .50 56.00 • • Total Labor 56.00 • • Total this Task $56.00 Total this Phase $592.35 Phase 223 2023 Erosion&Sediment Control Inspecting/Reporting Task 196 Erosion Control • • Professional Personnel Hours Rate - Amount Environmental Scientist I .50 89.00 44.50 Environmental Scientist I .17 89.00 15.13 Environmental Scientist II .25 111.00 27.75 Environmental Scientist HI . 5.76 129.00 - 743.04 Environmental Scientist IV .25 150.00 37.50 Environmental Scientist X - .75 290.00 217.50 Totals 7.68 1,085.42 Total Labor - - 1,085.42 Total this Task $1,085.42 Total this Phase • $1,085.42 Phase 999 Reimbursables Project P2017.248.000 590-Enclave Flats in Omaha,NE-Distr Invoice 167062 Unit Billing Mileage 106.39 Total Units 106.39 106.39 • Total this Phase $106.39 Total this Invoice $1,784.16 Approved By: Robert Czerwinski Page 2 CHASTAIN Invoice # 2820 Page 1 of 1 OTISAeagpntNNombscs._„v.'' ".: : e ��� ►►► INSURANCE&FINANCIAL SERVICES SID590C-01 5/27/2023 10822 Old Mill Rd. 6alancaA4e Suite 2 6/20/2023 Omaha,NE 68154 ... -- _"„"-3�"%d?Amoun' ug,Amo`u. aLtl �_^*Y>xc..,Er*.'=T�- � ._ - � Phone: (402)397-2500 $3,679.00 SID #590 C/O Fullenkamp,Jobeun,Johnson &Beller LLP 11440 West Center Road Omaha, NE 68144 General Liability Policy Number: CGSNE0000017400 Effective: 6/20/2023 to 6/20/2024 item # f Than E.ff Due Rater sr es cnptlun - r 3Amauni o.- 68373 6/20/2023 6/20/2023 RENB 23/24 CIG GLIA Renewal $795.00 Commercial Umbrella Policy Number: CUPNE2000002840 Effective: 6/20/2023 to 6/20/2024 k'Cml f i a Tran E.e a 1,8 Due D te atf$ �Desinption - s— -v- A°6346i 68464 6/20/2023 6/20/2023 RENB 23/24 CIG CUMB Renewal $2,625.00 Worker's Compensation Policy Number: WCPNE0000017400 Effective: 6/20/2023 to 6/20/2024 tein ` TranE _ ;- Dpe{5�tarrans De npton _" Amau 67062 6/20/2023 6/20/2023 RENB 23/24 CIG WCOM Renewal $259.00 Total Invoice Balance: $3,679.00 5/27/2023 SID#590 Page 1 of 1 x=� METRO PROJECT SERVICES Construction Management & Administration 3306 North 180th Street Elkhorn, NE 68022 INVOICE NO: # S07417 DATE: December 20th, 2022 TO: Sanitary Improvement District 590 10404 Essex Court, Suite 101 Omaha, NE 68114 . , .. .-DESCRIPTION '. PERIOD-.- BASIS VALUE MUtTIPLIEI4= AMOUNT DUE Section I: Storm 9/1/21- $131,935.13 7.5% $9,895.13 Sewer/Pavement 11/28/22 Luxa Section II: Box 10/1/22- $53,910.00 8.5% $4,582.35 Culvert 11/30/22 Tab OPPD $199,500 10.5% $20,947.50 TOTAL AMOUNT DUE: $35,424.98 114 Construction Management&Administration f 3306 North 180`h Street Elkhorn, NE 68022 METRO PROJECT SERVICES June 1, 2023 Chairman and Board of Trustees Sanitary and Improvements District No. 590 c/o Mr. Larry Jobeun, Attorney 11440 W. Center Road Omaha, NE 68144 RE: Construction Administration -Sanitary Sewer,Storm Sewer, & Paving System—Section II— Enclave Flats Engineers Project No. OPW 53486 Board Members, Attached is the request for payment for Construction Administration related to Pay Application#3 from Tab Construction for work related to Sanitary Sewer,Storm Sewer, & Paving Section II in the total amount of$4,581.80. If you have any questions related to the above, please contact the undersigned. METRO PROJECT SERVICES, INC Gabe Morton OI INlry signed by Gabriel Morton pN: us Gabriel Morton i ®„G,ri;-az. °—Who _OQIB oz]asol 6 za ss-osoo METRO PROJECT SERVICES Construction Management & Administration 3306 North 180th Street Elkhorn, NE 68022 INVOICE NO: # S07420 DATE: June 1, 2023 TO: Sanitary Improvement District 590 10404 Essex Court, Suite 101 Omaha, NE 68114 Date .' DESCRIPTION BASIS VALUE MULTIPLIER AMOUNT DUE Section II 3/19/2023 $ 53,903.57 0.085 $4,581.80 TOTAL AMOUNT DUE: $4,581.80 Construction Management&Administration 3306 North 180th Street Elkhorn, NE 68022 METRO PROJECT SERVICES June 1, 2023 Chairman and Board of Trustees Sanitary and Improvements District No. 590 c/o Mr. Larry Jobeun, Attorney 11440 W. Center Road Omaha, NE 68144 RE: Sanitary Sewer,Storm Sewer, & Paving System—Section II—Enclave Flats Engineers Project No. OPW 53486 Board Members, Attached is the request for payment for Construction Administration related to Pay Application#4 from Tab Construction for work related to Sanitary Sewer, Storm Sewer, & Paving Section II in the total amount of$11,442.09. If you have any questions related to the above, please contact the undersigned. METRO PROJECT SERVICES, INC Gabe Morton golOwyyug mood by Gabriel M,Uon Gabriel Mortc rr ��,i,n-®Ne° ;,IM���G•wbw ny1p3D23.O D11 Y]1:18L5OD METRO PROJECT SERVICES Construction Management & Administration 3306 North 180th Street Elkhorn, NE 68022 INVOICE NO: # S07421 DATE: June 1, 2023 TO: Sanitary Improvement District 590 10404 Essex Court, Suite 101 Omaha, NE 68114 Date DESCRIPTION - BASIS VALUE MULTIPLIER': AMOUNT DUE Through - .; Section II 3/31/2023 $ 134,612.82 0.085 $ 11,442.09 TOTAL AMOUNT DUE: $ 11,442.09 i _ Construction Management&Administration 3306 North 180th Street Elkhorn, NE 68022 METRO PROJECT SERVICES June 1, 2023 Chairman and Board of Trustees Sanitary and Improvements District No. 590 c/o Mr. Larry Jobeun,Attorney 11440 W. Center Road Omaha, NE 68144 RE: Construction Administration -Sanitary Sewer,Storm Sewer, & Paving System—Section II— Enclave Flats Engineers Project No. OPW 53486 Board Members, Attached is the request for payment for Construction Administration related to Pay Application#5 from Tab Construction for work related to Sanitary Sewer, Storm Sewer, & Paving Section II in the total amount of$8,225.65. If you have any questions related to the above, please contact the undersigned. METRO PROJECT SERVICES, INC Gabe Morton °la signed by Geed'Monon Gabriel Mort4041Eo ,,, n'S'6=?° �o�r , e,e na METRO PROJECT SERVICES Construction Management & Administration 3306 North 180th Street Elkhorn, NE 68022 INVOICE NO: # S07422 DATE: June 1, 2023 TO: Sanitary Improvement District 590 10404 Essex Court, Suite 101 Omaha, NE 68114 DESCRIPTION Date BASIS VALUE MULTIPLIER AMOUNT DUE through Section II 4/16/2023 $ 96,772.32 0.085 $ 8,225.65 TOTAL AMOUNT DUE: $ 8,225.65 Construction Management&Administration 3306 North 180th Street Elkhorn, NE 68022 METRO PROJECT SERVICES June 1,2023 Chairman and Board of Trustees Sanitary and Improvements District No. 590 c/o Mr. Larry Jobeun,Attorney 11440 W. Center Road Omaha, NE 68144 RE: Construction Administration-Sanitary Sewer,Storm Sewer, & Paving System—Section II— Enclave Flats Engineers Project No. OPW 53486 Board Members, Attached is the request for payment for Construction Administration related to Pay Application#6 from Tab Construction for work related to Sanitary Sewer, Storm Sewer, & Paving Section II in the total amount of$6,616.86. If you have any questions related to the above, please contact the undersigned. METRO PROJECT SERVICES, INC Gabe Morton y Gems`;{ !Inured by Gem moth. Gabriel Morto;rtm„, q®„lu;;;M; e 0 hb0 ,jamA Ob].08.011537:07-0500' METRO PROJECT SERVICES Construction Management & Administration 3306 North 180th Street Elkhorn, NE 68022 INVOICE NO: # S07423 DATE: June 1, 2023 TO: Sanitary Improvement District 590 10404 Essex Court, Suite 101 Omaha, NE 68114 Date- DESCRIPTION EASIS VALUE MULTIPLIER AMOUNT DUE Through Section II 5/7/2023 $ 77,845.41 0.085 $ 6,616.86 TOTAL AMOUNT DUE: $ 6,616.86 Omaha i sr l timid PROOF OF PUBLICATION FULLENKAMP:JOBEUN JOHNSON& BELLER LLP 11440 WEST CENTER ROAD AFFIDAVIT OMAHA,NEBRASKA 66144 State of Florida, County of Charlotte, ss: NQ310ESkF1rtEETING SANITARY AND IMPROVEMENT I, Stefan Edward Pla, beingof lawful age, beingdulysworn uponDISTRICT g P No,SO OF t)OucLAS CouNTY. oath, hereby depose and say that I am agent of Column Software, NEBRASKA PBC, duly appointed and authorized agent of the Publisher of NOTICE IS HEREBY GIVEN that. a Omaha World Herald, a legal dailynewspaper and meeting of the Board of Trustees of 9printedSanitary and improvement District No, published in the county of Douglas and State of Nebraska, and of 590 of Douglas County Will be held at 10:30 a.m. on July 7, 2023, which general circulation in the Counties of Douglas, and Sarpy and State meeting wilt be open to the public at of Nebraska, and that the attachedprinted notice was published in Nebraska Essex Conti,which 1eiti Omaha, Nepraska 68114; whlolt meeting shall said newspaper on the dates stated below and that said newspaper be held in accordance with the Nebraska Open Meetings Act An agenda for such is a legal newspaper under the statutes of the State of Nebraska. meeting kept continuously current; is available for public inspection at the office of ttte District's counsel during PUBLICATION DATES: normal business hours; the same 30 Jun 2023 including the payment of bills and other business of the District NOTICE NAME: SD 590 NOM Jay Kline,Clerk of The District PUBLICATION FEE: $45.43 2023, (6)30--,Fridays,ZNEZ ' "" winnow_21a. (Signed) \\\\\\S�PpQvlllllpi�yyy RACHAEL MARY SCHULTZ o; o� Notary P blic-State of Florida VERIFICATION w NIIH :a= Comm ssion#HH135673 9 +a`P Expir son May27,2c25 State of Florida v6-o'Ppvl\,o- ` County of Charlotte Subscribed in my oresence and sworn to before me on this:07/03/2023 \\ Notary Public Notarized online using audio-video communication SID 590 NOM - Page 1 of 1 AGENDA Sanitary and Improvement District No. 590 of Douglas County,Nebraska(Enclave Flats);Meeting to be held July 7, 2023 at 10:30 a.m. at 10404 Essex Court, Ste. 101, Omaha, Nebraska 68114. 1 P esent Nebr a -xac. etings Act; Trustee roll call: run Awvval Charon ic,"C I lino Glerk.�� Er1711 7i�f�r - can rat I►iscussion in re: ^ Bluestem Capital Partners Snapshot report; 9Engineering report; and, c. Miscellaneous matters before the Board, as deemed necessary. resent Notice to Contractors,bid tabs and corresponding recommendation of award for the Sidewalk Improvements — Section I; award contract to lowest qualified bidder,, , in the amount of$ .00; Chair and Clerk to execute related contracts on behalf of the District(NTC published June 16, 23 & 30, 2023 in OWIP Bid Date: July 6th). '44 4w �o a ' .`1G'vw i 4 to rat, to ter C o s b 4,,. rotevp a's%S+ IS, t027, I nit Nav rre> co.s Present Notice to Contractors,bid tabs and corresponding recommendation of award for the 44,10. Sidewalk Improvements — Section II; award contract to lowest qualified bidder, .#DAZ/ , in the amount of$ .00; Chair and Clerk to execute related contracts a on behalf of the District (NTC published June 16, 213 & 30 2023 in OWH; Bid Date: July rein.) ehrs 6th). 0 %AD rr -114 c$ Sa r, 9,964.3 5. Present below items for approval and payment from the General Fund Account of the District: a. E& A Consulting Group, Inc. for engineering services relating to $1,784.16 general maintenance of the District and reporting (No. 167062). b. Chastain Otis for renewal of GLIA, CUMB and Workers' Comp. $3,679.00 policies of the District(#2820). c. Bluestem Capital Partners for municipal advisory services on Gen- $ 177.55 eral Fund Warrants issued at this meeting (3.25%). d. West Gate Bank for warrant holding fee on General Fund Warrants $ 14.10 issued at this meeting (0.25%). 6. Present below items for approval and payment from the Construction Fund Account of the District: a. Metro Project Services for construction administration relating $35,424.98 to the Storm Sewer& Paving—Sec. I and Sanitary, Storm& Paving—Sec. II improvements (#S07417). b. Metro Project Services for construction administration relating $30,866.40 to the Sanitary, Storm& Paving—Sec. II improvements and in connection with Pay Est. Nos. 3, 4, 5 & 6 (#S07420, S07421, S07422, S07423). c. Bluestem Capital Partners for municipal advisory services on Con- $2,154.47 struction Fund Warrants issued at this meeting (3.25%). d. West Gate Bank for warrant holding fee on Construction Fund Wan- $ 171.11 ants issued at this meeting (0.25%). 7. Any and all business before the Board as deemed necessary; meeting adjourned.