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RES 2015-0744 - Agmt for rehabilitation and lead reduction work to 2004 N 34th St of e"`"H"'NFBR R E E J, E V E Q Planning Department '*,.-d �.�°� .�� Omaha/Douglas Civic Center ''ia►� 1819 Famam Street,Suite 1100 �p0411:3 2015 JUN - �$��(� td � 8 PM I: 27 Omaha,Nebraska 68183 ®. ,..['1ig � (402)444-5150 y Telefax(402)444-6140 o _ 4 R ��TED FEtiR�r Y v LC James R.Thele City of Omaha June l ,p (41 h.. . A Director Jean Stothert,Mayor Honorable President and Members of the City Council, The attached Resolution approves a Grant Agreement for the rehabilitation of the property owned by Bettie F. Rahn and Bettie F. Rahn, Attorney in Fact for Lyree Rahn, and Bettie F. Rahn, Attorney in Fact for Juan Delapaz, located at 2004 North 34th Street, Omaha, NE 68111,within the Prospect Village Neighborhood with funding as defined in the table below. The contractor is Rife Construction,Inc. This project was competitively bid with $43,785.00 being the best bid received. This bid is within the Planning Department's Financing Guidelines for the funding source(s) listed in the table below. The Planning Department has determined that this bid is reasonable for the work on this property,based on the certified cost estimate and the bids received. The total household income is below 80%of the Median Income by Family Size as established by the Department of Housing and Urban Development. The total project cost is$43,785.00 from the following: Program Name Fund Source Fund No. Org No. Amount Target Area Program 2015 CDBG 12186 128072 $28,285.00 13-TFHO-2077 Owner Occupied NAHTF 12141 128101 $15,500.00 City Fund Amount Total $43,785.00 The rehabilitation of this single-family home meets the requirements of the Funding Program(s) in the table above,the City's Underwriting Guidelines and is consistent with the Consolidated Submission for Community Planning and Development Program approved by the City Council on November 19, 2013 by Resolution No. 1413, and as amended July 15, 2014 by Resolution 790. The Contractor, Rife Construction, Inc, has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Rights and Relations Department will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution is requested. Sincerely, Referred to City Council for Consideration: Q01 ..-- li .7L & 7 / /AD c s es R. Thele Date Mayor's Office Date Planning Director Approved as to Funding: Approved: ......_ 4 z 3 .1 ,„( efr 11,\,. ( t,it , ( i .(._ (... --\ ((1,V/L; Stephen . Curtiss ate Human Rights and Relations Director Date Finance Director 14 2209 nm GRANT AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF OMAHA, a Municipal Corporation of the Metropolitan class in the State of Nebraska(hereinafter referred to as CITY)and, Bettie F.Rahn and Bettie F.Rahn,Attorney in Fact for Lyree Rahn,and Bettie F.Rahn,Attorney in Fact for Juan Delapaz hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 2004 North 34th Street Omaha Douglas NE 68111 and legally described as follows,to wit: The north 36 feet of Lot 1, Block B,Lowes Addition, an addition to the City of Omaha, as surveyed, platted,and recorded in Douglas County,Nebraska. (hereinafter referred to as the PROPERTY); and, WHEREAS, the City has received Lead-based Paint Hazard Control Program funds awarded to the City from the United States Department of Housing and Urban Development, Office of Healthy Homes and Lead Hazard Control; and, WHEREAS, the City has received Lead-based Paint Hazard Control Program funds awarded to the City in Nebraska Revised Statues 66-1519 2(i) through the Nebraska Department of Environmental Quality (NDEQ) to carry out the Federal Residential Lead-based Paint Hazard Reduction Act of 1992,42 U.S.C.4851 et seq.; and, WHEREAS, the City has received State of Nebraska Affordable Housing Trust Fund Program funds awarded to the City by the State of Nebraska Department of Economic Development; and, WHEREAS, the City receives Community Development Block Grant Program funds pursuant to an Agreement with the United States Department of Housing and Urban Development, pursuant to the Housing and Community Development Act of 1974,Title I; and, WHEREAS,funds from various sources may be combined in one project; and, WHEREAS,the OWNER(S)desire to use a portion of such funds for the purpose of construction/rehabilitation;and, WHEREAS, the parties wish to agree upon the terms and conditions to which the OWNER(S) must abide having accepted a grant of such funds. In consideration of the mutual agreements herein contained,the parties hereto agree as follows: n AAA wr..rt/A.1.C.-sor/TTl 11O^/11 Section 1. The following terms shall have the following meaning for all purposes in this Agreement: a. "Construction Contract" shall mean the contract for certain construction work at the property as follows: Contractor: Rife Construction,Inc Date Contractor Signed: 5/27/2015 HCD File No: 23970 b. "Construction Specialist" shall mean the assigned City of Omaha Planning Department staff person. c. "Contractor" shall mean the contractor party to the construction contract or improvement certificate. d. "Director" shall mean the Director of the City of Omaha Planning Department, or his/her designated representative. e. "Dwelling"shall mean the dwelling structure upon which the construction/ rehabilitation work is being performed. f. "Housing Ordinances" shall mean any health, safety or minimum dwelling standard ordinance applicable to the premises. g. "HUD" shall mean the U. S. Department of Housing and Urban Development. h. "Premises" shall mean the property dwelling and structures thereon. i. "Rehabilitation Work" shall mean the construction/rehabilitation work agreed upon in the construction contract or improvement certificate. Section 2. The CITY agrees to grant the OWNER(S) the sum of: Forty Three Thousand Seven Hundred Eighty Five Dollars and No Cents ($43,785.00) or the actual funds disbursed as shown on the HCD Loan Program Disposition of Funds Statement,provided that: a. the proceeds from this grant shall be paid-in-full when the City issues a certificate of completion pursuant to the construction contract or improvement certificate; and b. the construction contract or improvement certificate and any change thereto shall be first approved by the Director. c. In the event that Lead-based Paint Hazard Control Funds are not available,the Director may substitute Other Funds that may be available for the completion of the project. Section 3. This grant to the OWNER(S)shall be provided from various funding sources in the following combination: Fund Type Fund source Program Name Initial Fund Amount Grant CDBG Target Area Program 2015 $28,285.00 Grant NAHTF 13-TFHO-2077 Owner Occupied $15,500.00 Initial Fund Amount Total $43,785.00 Section 4. The OWNER(S)authorizes the CITY to make grant payments directly to the Contractor. Section 5. The OWNER(S)shall: a. own the premises and reside at the premises for a term of at least sixty (60) months. The sixty (60) month term shall begin the date of closing for this grant; and, b. only use the grant for the construction/rehabilitation work; and, c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning ordinances and not commit waste; and, d. keep the property taxes current during the 60-month term the OWNER is required to own and reside at the dwelling; and, e. abide by the applicable HUD guidelines for the evaluation and control of lead- '7/O iln 7'1 2nr1,cr.•oor/Ill110'70 based paint hazards in housing; and, f. participate in training on lead safe maintenance practices provided by the Planning Department or other approved training, if applicable. g• continue lead-based paint hazard control maintenance practices after the project is complete. Section 6. The OWNER(S) shall pay any and all delinquent taxes on the above-described property prior to the date of this Agreement. Section 7. The OWNER(S)agree,and the CITY states that the CITY: a. is not acting as the OWNER'S architect or engineer;and, b. makes no warranties, express or implied, as to the construction/rehabilitation work; and, c. owes no duty to the OWNER(S) or any other person that shall arise because of any inspection of the premises by the City's employees; and, d. may inspect the premises at reasonable times; and, e. is held harmless for all injury and damages arising by virtue of this Agreement. Section 8. Either party may pursue any remedy to enforce this contract at law or equity; except in the event of a breach of Section 3a herein, the CITY shall be limited to having no further obligation to disperse remaining grant sums and shall be reimbursed by the OWNER(S) a sum equal to 1/60 of the grant for each remaining month of the sixty month term, provided that the reimbursed sum shall not exceed the sum previously dispersed from the grant. In the event of default, gross negligence or other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of default shall be due and payable immediately from the OWNER(S), its successors and assigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-114,the Developer/Owner/Subrecipient agrees to comply with the following requirements: The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.0 1324a, known as the E-verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: a) The Contractor must complete the United States Citizenship Attestation form available on the Department of Administrative Services website at:www.das.state.ne.ur b) If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)Program. c) The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." Revised and approved 7/3/2012 -3- 2004 North 34th Street/ID 23970 The Developer/Owner/Subrecipient shall have each person/applicant signing the application for a benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit(Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit. Section 11. Employee Classification_Ar , To comply with the Nebraska Employee Classification Act, all general contractors and subcontractors who perform construction or delivery service pursuant to this contract shall submit to the City an Affidavit for Employee Classification Act (Exhibit "B") attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act,2010 LB 563 ("the Act:"),(2)such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such contractor has complied with Neb. Rev. Stat Section 4-114 (federal immigration verification system), (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by the City. Section 12. Interest pi thgCity. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the CITY shall have a financial interest, direct or indirect, in any CITY Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the CITY shall render the contract voidable b' he Mayor or Council. ' of 4Q „ S z `.)g f,//s Bettie F. Rahn Date Bettie F. Rahn,Attorney in Fact for Lyree Date yr-IA-(414744, Rahn 5/,/g Bettie F.Rahn,Attorney in Fact for Jua Date Delapaz STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this_£ day of _ L A.D. before me, NoritaA,Matt,a Notary Public in and for said County, personally came Bettie_ hn n _Bettie_ ,_Rahn,,Attorney Fact. r Lyree Rahn. n _Betti@_ ,Rahn, Attorney_th factfQr_Juan Delapaz, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and they acknowledged the said instrument and the execution thereof to be voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha,Nebraska on the day and date last above written. titt>„, GENERAL NOTARY-State of Nebraska (,(, �irk, NORITA A.MATT Nota Public My Comm.Exp.July 22,2018 My Commission expires ,20/ir Revised and approved 7/3/2012 -4- 2004 North 34th Street/ID 23970 exo) 119- UNITED STATES CITIZENSHIP ATTESTATION FORM FOR PUBLIC BENEFIT For the purposes of complying with Neb. Rev. Stat. §§ 4-108 through 4-114, I attest as follows: ❑ I am a citizen of the United States. OR EI I am a qualified alien under the Federal Immigration and Nationality Act. My immigration status and alien number as follows: , and I agree to provide a copy of my USCIS (United States Citizenship and Immigration Services) documentation upon request. I hereby attest that my response and the information provided on this form and any related application for public benefits are true, complete and accurate and I understand that this information may be used to verify my lawful presence in the United States. PRINT NAME: By: SIGNATURE: DATE: o "FAIN Created and approved 10/26/2009 Exhibit "B" AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT STATE OF ) • ) § COUNTY OF ) I, ,being first duly sworn under oath,state and depose as follows: 1. I am competent to testify to,and have personal knowledge of,the matters stated in • this affidavit. 2. I am (a contractor) (the authorized agent of the contractor ). I attest to the following: (a) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (b) such contractor• • has completed a federal. I-9 immigration form and has such form on file for each employee performing services,(c)such contractor has complied with Neb. Rev. Stat. section 4-114(federal immigration verification system), (d) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and(e) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. FURTHER AFFIANT SAYETH NAUGHT. • Affiant • SUBSCRIBED AND SWORN TO before me this day of ,20 . Notary Public Approved 6/1/10 REHABILITATION CONTRACT Project ID No.: 23 970/2015 This Contract is between Bettie F. Rahn; Bettie F. Rahn, Attorney-In-Fact for Lyree Rahn and Bettie F. Rahn, Attorney-in-Fact for Juan De La Paz (Owner's Name) of 2004 North 34th Street , Omaha,NE 68111 (Owner's Address) (City and State) (referred to herein as the "Owner" and Rife Construction, Inc. (Contractor's Name) of 4515 Military Avenue , Omaha,NE 68104 (Contractor's Address) (City and State) a Corporation (referred to herein as the "Contractor") warranting itself to be licensed, and/or bonded (if applicable) and qualified to perform the work specified herein. This contract is for the rehabilitation of property located at at, 2004 North 34th Street , Omaha,NE 68111 (Property Address) (City and State) (herein after referred to as the "Property"). IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS FOLLOWS: PART I- SPECIFIC TERMS 1. EFFECTIVE DATE: This document shall have no force or effect unless and until executed by the Owner and the Contractor, and approved by the City of Omaha, (referred to herein as the "City"), and unless and until a properly executed and approved copy is delivered to the Contractor. The date on which the copy is received shall be referred to as the "Effective date." If a properly executed and approved copy of the Contract is not delivered to the Contractor on or before, IVA Z$ , 20�, (date equal to sixty (60) Date) Revised and approved 9/27/2012 - 1 - days from date that the Contractor signs this contract),the Contractor may refuse to be bound by the terms of this Contract. If,however, a properly executed and approved copy of this Contract is delivered after the above date and the Contractor subsequently performs work or delivers materials to the Property, the Contractor shall be bound by the contract. For the purposes of this paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the Contractor upon mailing by the City to the Contractor's address shown above. The Contractor shall not be compensated under this Contract for work commenced or materials delivered to the Property before the Effective Date. 2. THE CONTRACT: This Contract consists only of this Part 1 (Specific Terms) and the following attachments: A. Schedule of Work(work write-up dated April 8, 2015); B. Other, (identify) (1) Part II - STANDARD TERMS (2) Section 3 Clause (3) City of Omaha Contract Compliance Ordinance (4) Change Order and/or Addendum (if applicable) 3. TIME FOR COMMENCEMENT AND COMPLETION. The Contractor agrees to complete, free of liens or rights of liens of contractors, mechanics, suppliers, or laborers, all work listed in the Schedule of Work by the completion date indicated on the Proceed Order, subject to extensions approved by the Owner(s) and the City for the period of any excusable delays (including strikes, acts of God, or any other reasons beyond the control of the Owner(s) or Contractor). The Contractor agrees that time is of the essence in this Contract. 4. CONTRACT PRICE: The Contractor agrees to accomplish work as described in the Schedule of Work in accordance with each and every term and condition of this Contract, for a total contract price of$43,785.00. The price of specific items of work is stated in the Schedule of Work. 5. PROGRESS PAYMENTS: The Contractor agrees that the total contract price shall be paid in one or more progress payments, based on the value of the work completed at the time the progress payment request is made. Should any work for which payment is requested, not be completed, be completed incorrectly, or not be done in a high quality workmanlike manner, the amount of such work shall be deducted from the payment request. Payment for any work so deducted may be requested on future requests for payment; provided, said work has been satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien waivers from general contractor shall be provided with each progress payment requested. Progress payments will be made up to and including 90% of the value of the work completed. Any further payment would be made when project is 100% complete. In the case of inclement weather or any other factor that the City determines that will prevent project completion, the Contractor will be paid based on the actual amount of work completed. Final Revised and approved 9/27/2012 -2 - lien waivers shall be presented from the general contractor at the time the request for final payment is made. Such progress payments shall be disbursed at the request of the Owner(s), after inspection and approval of the work by the Owner(s) and the City. Final payment shall be due upon satisfactory completion and acceptance of work as being in compliance with this Contract by the Owner and the City, permit sign-off (if applicable), submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and the City indemnifying the Owner against any lien, and the submission of all warranties and guarantees to the Owner through the City. The Owner shall not withhold payment to the Contractor except for non-compliance with the terms of this Contract, and SHALL NOT REQUEST THE CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with the items set out in the Schedule of Work will not be paid for out of the rehabilitation funds unless said additions/deletions/changes have been authorized by a written and approved change order executed by all parties PRIOR TO the commencement of such work. Payment for any work completed without a written and approved change order is the sole responsibility of the Owner and/or the Contractor. The Contractor shall not refuse to complete the work set forth in the Schedule of Work because of any dispute between himself/herself and the Owner relative to work contracted "on the outside" or outside the scope of work as set forth above. The Contractor acknowledges that it is a material breach of this Contract to request or accept a progress or final payment which is in excess of the price of the work completed at the time such payment is requested. 6. WARRANT: The Contractor warrants that all improvements, hardware, and fixtures of whatever kind of nature to be installed or constructed on the Property by the Contractor or the Contractor's sub-contractors will be of good quality, suitable for their purpose, and free from defects in workmanship or materials or other deficiencies. This is a full warranty extending to the Owner and subsequent Owners of the Property; provided, however, that warranty set forth in this paragraph shall apply only to the deficiencies and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. Revised and approved 9/27/2012 -3 - 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship, the following applies: 1) The Contractor must complete the United States Citizenship Attestation Form available on the Department of Administrative Services website at www.das.state.ne.us. 2) If the Contractor indicates on such attestation form that he or she is a qualified alien,the Contractor agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien verification for Entitlements (SAVE) Program. 3) The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." 8. EMPLOYEE CLASSIFICATION ACT. To comply with the Nebraska Employee Classification Act, each contractor who performs construction or delivery service pursuant to this contract shall submit to the City an Affidavit For Employee Classification Act (Exhibit 1) attesting that (1) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (2) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (3) such contractor has complied with Neb. Rev. Stat. Section 4-114 (federal immigration verification system), (4) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds for rescission of the contract by the City. Revised and approved 9/27/2012 -4- 9. PARTIES TO CONTRACT: The OWNER and CONTRACTOR agree that they are the sole parties to this Contract and are solely responsible for its performance. The parties agree that neither the City nor the United States Department of Housing and Urban Development (HUD) assumes any liability or responsibility what oever for the erformance of any terms of this Contract. r avn A 1 ''--i-.-et--t) r 6.--,z-A-- , . .() _-.;..;, -/J- er: Bet ie F R Date 0 er: Bettie F. Rahn, Date 4), Attorney-In-Fact for Lyree Rahn (1 ) itc#,,tkklot, caner:Letfiefaln, Date Owner: Date Attorney- n-Fact for Juan De La Paz Owner: Date Owner: Date - 7 //3 Witness Date Rife Construction, Inc. C itractor BY: CM hnson Date TI LE: Office Manager \ ilfv\.4L , di • LJd' i, G.27./5 / itness D to Approved by the City on , 201 ,5, B .-c Name: David Thomas TITLE: Assistant Planning Director Mailed to CONTRACTOR, and Effective on 4 , 20_4, Revised and approved 9/27/2012 -5- PART II STANDARD TERMS 1. INSURANCE: During the continuance of the work under this Contract, the Contractor and all subcontractors(as applicable) shall: A. Maintain, at a minimum, the applicable following classes of coverage which will provide, at a minimum,the following amount of coverage: (1) No bid bond or performance bond will be required for a Rehabilitation Contract in an amount less than the Federal Government's small purchase threshold under OMB Circular A-110, currently at $100,000. On a case- by-case basis the Director of the Planning Department can require a bond if it is in the best interest of the Federal Government and the City of Omaha. The contractor must be on the Planning Department approved contractors list. (2) Contractor's Personal Liability $1,000,000 (3) Combined Bodily Injury and Property Damage $2,000,000 (1,000,000 per occurrence) (4) Product, Including Completed Operations $1,000,000 (5) Workers' Compensation These coverages are required to protect the Contractor and the Owner from any liability or damage from injury to, or death of, any of their employees, other persons, or property wherever located, resulting from any action or operation under this Contract, or in connection with the work including liability or damage which may arise by virtue of any statute or law in force or which may hereinafter be enacted. The Contractor agrees to provide evidence to the Owner through the City of such insurance prior to the commencement of the work. Failure to provide adequate evidence of insurance, or failure to maintain the insurance as required by this paragraph, shall be grounds for terminating this Contract at the option of the Owner. The City of Omaha shall be named insured on all comprehensive liability insurance policies. 2. CONTRACT COMPLIANCE CLAUSE: Sec. 10-192. Equal employment opportunity clause. All contracts hereafter entered into by the City shall incorporate an equal employment opportunity clause,which shall read as follows: During the performance of this contract,the Contractor agrees as follows: Revised and approved 9/27/2012 -6- A The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. B The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. 3. ASSIGNMENT: The Contractor agrees not to assign this Contract without written consent of the Owner and written concurrence by the City. 4. CHANGE ORDERS: The Contractor agrees not to make any changes to the Schedule of Work or the Specifications, whether or not requested to do so by the Owner, without a written change order executed by all parties prior to the commencement of the work. A written and executed change order is required even if the modification involves no change in the dollar amount of the Contract. 5. PERMITS AND CODES: The Contractor agrees to secure and pay for all applicable and necessary permits and licenses required for the Contractor's performance of this Contract in compliance with applicable requirements, including local building and housing codes where applicable, whether or not covered by the specifications and drawings for the work, and further agrees to perform all work in conformance with the highest standard of all applicable codes and local property rehabilitation standards. 6. HOLD HARMLESS: The Contractor agrees to defend, indemnify and hold the Owner harmless from any liability or claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the Contractor's performance of this Contract. Both parties agree that each Contractor and Subcontractor is acting in the capacity of an independent contractor with respect to the Owner. The Contractor further agrees to protect, defend, and indemnify the Owner form any claims by laborers, subcontractors, or suppliers for unpaid work or labor performed, or materials supplied in connection with this Contract. Revised and approved 9/27/2012 -7- The Owner and the Contractor agree to hold and save harmless the City of Omaha from any and all loss, cost, or damages of every kind, nature or description arising under this Contract. 7. ELIGIBILITY: The Contractor represents that he/she is not listed on the Disbarred and Suspended Contractor's List of the U.S. Department of Housing and Urban Development (HUD) or of the City, and further agrees not to hire or utilize as a subcontractor or supplier or any person or firm that is so listed. 8. CONDITION OF PREMISES: The Contractor agrees to keep the premises broom clean and orderly and to remove all debris as needed during the course of the work, in order to maintain work conditions which do not cause health or safety hazards. 9. LEAD BASED PAINT: The Contractor agrees to use no lead-based paint in the performance of this Contract, including the performance of any subcontractor. "Lead-based paint" means any paint containing more than six one-hundredths of one (1) per centum of lead by weight (calculated as lead metal) in the total nonvolatile content of the paint, or the equivalent measure of lead in the dried film of paint already applied. . The Contractor further agrees to abide by all Federal requirements regarding lead-based paint poison prevention. Lead-Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in particular Sub-Part B thereof Such regulations pertain to all HUD-assisted housing and require that all owners, prospective owners or tenants or properties constructed prior to 1978 be properly notified that such properties may include lead-based paint and require specific treatments according to the amount of HUD funding allocated to the Project. 10. TERMINATION: The Contractor agrees that the Owner shall have the right to declare the Contractor in default if the Contractor fails to furnish materials or perform work in accordance with the provisions of this Contract. In such event, the Owner shall be responsible for providing written notice to the Contractor by registered/certified mail of such default. If the Contractor fails to remedy such default within ten (10) working days of such notice, the Owner shall have the right to select one or more substitute contractors. If the expense of finishing the work exceeds the balance not yet paid to the Contractor on this Contract, the Contractor shall pay the difference to the Owner through the City. The City will assure that all substitute contractors, subcontractors, suppliers, etc. are paid from the funds received from the original Contractor. Lien waivers, warranties, etc., shall be obtained just as though the original Contractor had completed the job. Any funds received from the original Contractor may be used only to correct/complete items set forth in the Schedule of Work and may not be used to complete other or extra work desired by the Owner. 11. INSPECTION: The U.S. Government, the City, and their designees shall have the right to inspect all rehabilitation work, and the Contractor will take all steps necessary Revised and approved 9/27/2012 -8- to assure that the Government, the City, or their designees are permitted to examine and inspect the rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions of employment pertaining to the work, including all relevant data and records. The U.S. Government and the City by inspecting the premises, records, suppliers, and equipment assumes no responsibility to the Owner for defective materials or work in the rehabilitation, or to either party for any breach of this Contract by the other. 12. INTEREST OF FEDERAL AND CITY OF OMAHA PERSONNEL: The Contractor agrees that none of the following shall have any interest or benefit, direct or indirect, in this Contract for any work, supplies, or services, financed in whole or in part under this Contract: A. Any member of the governing body of the Locality; B. Any member of the governing body of the City of Omaha; C. Any officer or employee of the Locality or the City of Omaha who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant (CDBG)Program; D. Any member of or delegate to the Congress of the United States; E. Any Resident commissioner. 13. EQUAL OPPORTUNITY: The Contractor agrees to abide by all Federal, State, and/or local regulations relative to equal opportunity to all persons, without discrimination as to race, color, handicap, sex, familial status, age, political, or religious opinions, affiliations or national origin and status with regard to public assistance. On agreements of$10,000 or more, the Contractor agrees to abide by the following provisions of Executive Order 11246, and agrees to incorporate such language in all contracts for $10,000 or more which he/she may enter into in connection with this Contract. During the course of this contract,the Contractor agrees as follows: A. The Contractor will not discriminate against any, employee or applicant for employment because of race, color, sex or origin. The Contractor will take affirmative action to ensure that applicants and/or employees are employed or treated during employment without regard to their race, color, creed, religion, national origin, sex, marital status, age, and status with regard to public assistance or disability. On Agreements of $10,000 or more, the Contractor agrees to abide by the following provisions of Executive Order 11246, and agrees to incorporate such language in all contracts for $10,000 or more which he/she may enter into in connection with this Contract. Such action shall include but not be limited to, the following: employment, upgrading, demotion Revised and approved 9/27/2012 -9- or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the locality setting forth the provisions of this nondiscrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on.behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex or national origin. C. The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, (or as may be amended) and of the rules, regulations, and relevant orders of the U. S. Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, (or as may be amended) and by the rules, regulations and orders of the Secretary of Labor and/or the U.S. Secretary of Housing and Urban Development and will permit access to his/her books, records, and accounts by the Secretary of Housing and Urban Development, or his/her designees, and the Secretary of Labor, or his/her designees, for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of the said rules, regulations, or orders, this Contract may be cancelled,terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. G. The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or Revised and approved 9/27/2012 - 10- purchase order which the property owner or the Secretary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the property owner or the Secretary of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interest of the Secretary of Housing and Urban Development of the United States. 14. TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES: The Contractor agrees to abide by the following provisions and to include them in any subcontract into which the Contractor enters in performance of the Contract. A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 13 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area(s) and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development as set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment and/or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of, Federal financial assistance take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the Revised and approved 9/27/2012 - 11 - subcontractor has first provided him/her with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3,the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his/her contractors and subcontractors, all successors, and assigns to those sanctions specified by the grant and/or loan agreement or contract through with Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 15. MISCELLANEOUS PROVISIONS: The Contractor and Owner agree as follows: A. That the Owner shall permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. B. The parties agree that the reference to "days" in this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday,the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 9/27/2012 - 12- opportunity provisions of local, state, or federal law and abide by the provisions of the attached Section 3 clause. The Contractor further agrees to comply with all requests by the governmental agency for employment records to enforce this position. F. The Contractor agrees to comply with affirmative action requirements mandated by Executive Order 11246 and the regulations promulgated thereunder; and the civil rights compliance ordinance of the Omaha Municipal Code. SCHEDULE OF WORK CHECKLIST 1. WORK DESCRIPTION: Each item of work and material must be described in sufficient detail to provide a standard against which the completed work may be judged. 2. PRICE: This shall reflect the actual price, including profit and overhead. In no case shall reimbursement to the Contractor exceed the actual amount of the funds available under the loan. 3. Schedule for completing work in accordance with payment schedule which will allow the City and the borrower to monitor actual performance against estimates of what will be necessary to complete the project on time must be provided. Revised and approved 9/27/2012 - 13 - AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT STATE OF NEBRASKA ) ) § COUNTY OF DOUGLAS ) I,Cundy Johnson,Office Manager,being first duly sworn under oath,state and depose as follows: 1. I am competent to testify to,and have personal knowledge of,the matters stated in this affidavit. 2. I am(a contractor) (the authorized agent of the contractor Rife Construction, Inc.). I attest to the following: (a) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act,2010 LB 563 ("the Act"),(b)such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (c) such contractor has complied with Neb. Rev. Stat. section 4-114 (federal immigration verification system), (d) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and (e) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. FURTHER AFFIANT SAYETH NAUGHT. A ant ,/ SUBSCRIBED AND SWORN TO before me this 27 day of May,2015. Lifv‘;.4-4k:„Ylvz://6:fiyylea--) �} GENERAL NOTARY-State d Nebraska Notary Public N MyCommf Exp. eptembCHISTNA S. er 8,2018 O OPPOORTUNI"T°Y Approved 6/1/10 0MAHA,NF '4 `if'74 s Planning Department a U ��,,,�ga�� Omaha/Douglas Civic Center L.WI,�'Itie )'�" c�N NAHTF/TAP 1819 Farnam Street,Suite 1100 r -4'tr = Omaha,Nebraska 68183 o w? y (402)444-5150 °R ' °�Eo FEBRJr 2004 N 34 St. Telefax(402)444-6140 Bettie Rahn James R.Thele City of Omaha Director Jean Stothert,Mayor (402) 572-8704 Inspector: Bob Pickeral (402) 444-5150 ext. 2027 April 8, 2015 The Contract bid documents consist of the following sections: • General Responsibilities for the Contractor and Occupant. • Lead Hazard Control Plan,Lead Hazard Reduction Work. • Non Lead Work. The Contractor Shall: • Comply with HUD's"Guidelines for the Evaluation and Control of Lead- Based Paint Hazards in Housing". (Copies are available at the Planning Department.) • Comply with standards called for in the"Construction and Rehabilitation Specifications, Housing and Community Development Division, City of Omaha,Nebraska". (Copies are available at the Planning Department.) • Comply with the State of Nebraska of Nebraska Health and Human Services Regulation and Licensure,Title 178 Chapter 23 Lead Base paint regulations. • Coordinate daily construction schedule with the occupant. • Submit information cut sheets for all substitutions or approved equals prior to written approval of the Rehabilitation Inspector. • Move all furniture and appliances necessary to do required work. Large furniture left in containment areas may be wrapped with plastic, seal all joints. • Repair or replace all items damaged or disturbed during construction. • At all times keep the site of work and surrounding area free from accumulations of waste materials or rubbish caused by the work. • Upon daily completion of work clean up all rubbish, excess material, equipment, and etc.,that is connected with the work,and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this project within 90 calendar days from the proceed order. The Occupant Shall: • Remove, store away and reinstall all effected window coverings. • Remove and store away pictures, lamps,knick-knacks, valuables, etc out of the work areas. • Provide a clean,uncluttered dwelling to work in. • Allow Final Clearance testing upon substantial completion of work as determined by the Rehab Inspector. • Ensure that all household members stay at least ten feet away from all work areas and also keep all pets at least ten feet away at all times until the work has been completed and the area has passed a clearance test. Lead Abatement Work Exterior 1- Replace poorly installed break metal at rear of north side of house at gutters. Interior 1- Remove and dispose of all window units and storm windows. Replace with approved double hung, Low E, insulated glass, argon filled,vinyl replacement units white in color,ten(10)units total. Windows to have full screens. Bathroom glass to be opaque. 2- Clean and reseal on all interior window trim. Metal wrap all exterior window trim. Remove existing unless in good condition as determined by the Construction Specialist. 3- Remove and dispose of five (5)basement windows and replace with vinyl sliders white in color. Windows are to be Low E, argon filled, insulated glass. Wrap all wood on exterior and trim/paint interior. 4- Remove the doors and frames of two (2) exterior doors. Replace with new metal door systems to match existing style as close as possible. All doors to have a peep hole. Replace all hardware to match existing. Replace interior and exterior trim. Interior trim to be stained and sealed; exterior to be metal wrapped. 5- Clean all horizontal surfaces using a Hepa-Vac to achieve clearance. 6- Repair and paint walls and ceilings in living room/entry,bedrooms,bathroom, stairwell, and kitchen. Ceilings to be ceiling white and one color for all walls, homeowner's choice of colors. Any other colors installed will require the homeowner to buy the paint. Clean and seal all trim and doors. 7- Remove closet in rear bedroom and install wall where door to closet existed. Eliminate existing wall and floor at stairway to basement to allow for more headroom. Re-frame stairwell as needed. Build new 2'6"x4' closet at northwest corner of room. Drywall and finish new walls. Trim new closet, including 3' bi-fold door at cased opening, as well as closet rod and melamine shelving. Install base so as to go from corner to corner where old closet door existed. Paint walls and stain/seal trim and door. 8- Repair steps to basement and repaint. 9- Repair cabinets in kitchen as needed. Clean and reseal all cabinets. 10- Remove existing vanity cabinet in bathroom and install new of same size, including marbleized top. Install new medicine cabinet of the same size. Approved Window Manufacturers Simonton Prism Ultra Gold, Stanley Pro-Fit, Winnova CVD-200, Kensington 3910/3510/ 4510, Ellison Series 1300/1500/1600, Silverton 8500/9500, Pella ThermaStar, Gerkin Series 4800. Note: All lead work must be done by a certified lead abatement contractor. Non Lead Work Exterior 1- Install black box vents on existing roof to per code. Install soffit vents as needed to allow for correct venting in attic. Change attic insulation at living room to avoid molding. 2- Remove faux brick at front of house and install new.A different style is allowable as long as the cost does not exceed the cost of the existing style. 3- Remove existing and install new front stoop and steps. Install new footings as necessary, including at least two pier footings for steps. Remove fencing in front of stoop as needed to replace stoop. Fencing will then need to be re- installed. 4- Tuck point and paint foundation. 5- Remove existing and install new gutters around house. Install downspouts to allow for adequate removal and displacement of water away from house. Gutters will need to be 6"to allow for the steep pitch of the roof. Downspouts need to correspond to larger gutters. 6- Install new sidewalk to the house from the street,to be three ft. wide at a minimum and 4"thick. 7- Remove existing steps at the side door and install new. This is to include two pier footings 42" deep. 8- Install dirt as needed to allow for water to have a positive flow away from house. Install new window wells at basement windows to work with added dirt. Swales may need to be installed to get water to flow away from house and not puddle, especially at the sides of the house. 9- Install two new storm doors, Larson or equal. Allowance for doors is to be $350.00. • Interior 1- Remove existing countertop in kitchen and install new laminate countertop with 4"backsplash. Allowance for countertop is to be $24.00 per lineal ft. 2- Remove and replace carpet in bedrooms, including pad. Add new carpet in living room. Allowance for carpet and pad is $18.00 per sq. yd. 3- Repair/replace steps to basement, including all support lumber and any brackets needed. Install new hand railing. Paint stairway and railing to match existing color. 4- Install new metal posts under main support beams. Install new 3'x3'x18" footings. Should be four new posts installed. Repair beams as needed. 5- Repair the drop ceiling in the rear basement room as well as other ceiling tiles in basement. Replace broken tiles. 6- Re-seal all interior trim. Re-stain and seal all doors. Replace all door slabs with holes or cracked wood. 7- Install active radon unit in house at basement level.All post installation testing results are to include one copy to be sent to City Planning. 8- Repair floor at toilet as needed as well as at sink. 9- Install new subfloor and vinyl sheet flooring in bathroom and kitchen. Allowance to be $16.00 per sq. yd. 10- Replace missing ceramic tile at walls in bathroom, including at base where repairs needed due to flooring. Electrical 1- Install smoke detectors throughout the house as per code. 2- Install a carbon monoxide/smoke detector in the basement as per code. 3- Install a new exhaust fan in the bathroom,including switch. 4- Install GFI in bathroom and kitchen per code. 5- Bring all wiring in basement up to code. 6- Install new vanity light in bathroom, including any necessary rewiring. Allowance for light is $55.00 7- Replace light in shower with new waterproof light. 8- Install new ceiling lights and switches in bedrooms. Allowance for lights is $30.00. 9- Replace broken and missing light covers in basement. 10-Install light and switch in living room. Allowance for light is 40.00. 11-Replace exterior lights at doors. Allowance is $100.00. 12-Install one exterior GFI outlet at side door. 13-Install outlet for fan on active radon unit. 14-Install new disconnect for new AC unit. Wire new unit. HVAC 1- Replace all supply vents and returns. 2- Hook up new bathroom exhaust vent to the outside of the house. 3- Install new AC unit and tie into existing furnace. Include all work needed to attach to existing unit including A coil. Plumbing 1- Remove the existing kitchen sink and faucet and replace with new stainless steel sink and faucet. Replace supply hoses and shut-offs. Repair drain lines as necessary. 2- Remove existing sink bowl and faucet in bathroom and replace faucet with new. Hook up new top with drain lines. 3- Replace galvanized water lines with copper or approved plastic supply lines. This includes all galvanized lines from the meter to any fixtures. All repairs are to be included. Change shut-offs on meter. 4- Install new hose bibs. 5- Repair/replace drain to toilet back to main,including flange. Replace toilet. Note:Work on this project will not begin until after July 20,2015. /;5-iZ7 G L %l� /l 4 U Property Owner Date Property Owner Date City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area ❑ Exterior Project ❑ NAHTFITAP ® Barrier Removal ❑ Redevelopment Area: Prospect Place Address: 2004 N 34 St. Owner(s): Bettie Rhan The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 2/18/2014 3/31/2015 General Construction Cost $ 29,718.00 $ 28,765.00 Electrical Cost $ 2,915.00 $ 2,635.00 Plumbing Cost $ 3,930.00 $ 3,480.00 HVAC $ 2,500.00 $ 2,500.00 Overhead/Profit/ NE. Contractor Tax(15%) $ 5,859.00 $ 5,605.00 Lead Liability Fee Total Construction Cost Estimate $ 44,922.00 $ 42,985.00 The source for the estimate data is the current addition of Repair& Remodeling Cost Data by R. S. Means, recent competitive bid pricing for similar work and product and material research. The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans and specifications. In our opinion the project cost estimate is accurate. This estimate is for the use of the City of Omaha, Housing and Community Development Division, Rehabilitation Section only. The actua cost may vary. Signed, Construction Specialist r`/ Date 3/3 l f,'_( Initial Inspection Date: 3/30/15 . Wo. W = up Date: 3/31/15 � M W / Approved, Development Section Mgr. �-41W4111111—�-- Date d ((if C: Cheryl File Rev. 8/29/08 CO d "...I �cE g R° o 5 Q rt a� a � � a o 00 cr b — o o ,-dn bs90 o a14 ° 0 O41, 0) cwi '. K C3 W z L< coT O CD two CD CD C4 -P ,.-r 8 " z A A . ,4' • c. w ,A No CT oP cy o SA 00 o 0 0 0 n a T. fA (1 w C7 b7 "A ^� .- cz N cc a ryC co �� rn7 Pa 0pc, O ,.�-.. Qom. ^ p co CD �. ¢. G 0 6 co P? E .t y a D 1 c 0 o ccoo y W a ° • ° O CD AlO, 1 c..na ON C 00 U EA A N � '0 0o O v CT O ON o �O 0 v N O U 5 a1 FCC W 2el - ? N ti (CD C—D v, a CD a City of Omaha, Housing and Community Development Division BID EVALUATION FORM Project Owner : Bettie F Rhan; Bettie F Rahn AIF for Lyree Rahn; Bettie F Rahn AIF for Juan Delepaz Project Address: 2004 N 34 St. Target Area Project X Exterior Project Special Needs Funding Source: Block Grant X Home Other Contractor Planning Dept. Comments General Conditions: $1,625.00 Site Work: $850.00 $1,675.00 Concrete: $1,975.00 $2,285.00 Masonry: $1,200.00 $2,628.00 Metals: $800.00 $88.00 Woods and Plastics: $1,450.00 $6,526.00 Thermal & Moisture Prot.: $1,100.00 $908.00 Doors &Windows: $625.00 $6,680.00 Finishes: $4,145.00 $7,975.00 Specialties: Equipment: Furnishings: Special Constr.: $1,070.00 Plumbing: $3,000.00 $3,480.00 HVAC: • $2,825.00 $2,500.00 Electrical: $3,025.00 $2,635.00 Lead. $15,775.00 Overhead & Profit: $4,320.00 $5,605.00 TOTAL: $43,785.00 $42,985.00 OHKA: The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable. Construction Specialist: Date: .-5-72-`!.i Development Section Manager: Date: -5- Zta (� 6-7-00 HOMEOWNER'S ACCEPTANCE FORM I have reviewed all of the bids submitted for the rehabilitation of my property located at : 2004 N 34 St. My contractor of choice is: Rife Construction Owner's Signature or Personal Representative:�' /k Date: U 6j /9/6 City of Omaha Planning Department Housing and Community Development Division Tier II CEST Statutory Checklist(2013-091) For Rehabilitation Programs Tier 1 CEST Statutory Checklist(2012-001) Project Name: None Project Address: 2004 North 34th Street Project Activity: Exterior improvements,see description on attached Section 106 Review form Program: NAHTF Note: This site was reviewed earlier in the program year(ERR 2013-031). It is unlikely that any conditions,other than the lead-based paint conditions, have changed in that time. Under 24 CFR 58.47(b)(1)the city must affirm the original findings are still valid. They are. The original scope of work was for housing rehabilitation. This scope of the work is also housing rehabilitation. A copy of ERR 2013-031 is attached. The Tier I CEST Statutory Checklist requires a Tier II Statutory Checklist the following Impact Categories: • Contamination and Toxic Substances • Explosive and Flammable Operations • Floodplain Management • Historic Preservation • Noise Control • Floodplain Insurance The following table presents the Tier II determinations for these categories. An A in the Status box indicates no compliance issues are associated with this project and the project may proceed without further consultation. A B in the Status box indicates additional steps are required to address this issue (e.g., removal of hazardous materials). Impact Categories Status Source Documentation AorB _ The target property is located in the focus area of the Omaha Lead Superfund site. Lead concentrations in the Contamination and Toxic A soil were tested in 1999. The yard was cleaned-up in Substances 2000. The exterior paint did not require stabilization. Based on the age of the home, lead hazards may be present on interior and exterior surfaces. The City's radon policy states that homes receiving assistance amounting to more than half the assessed value of the home must be tested for radon and a radon mitigation system must be installed if radon levels exceed 4 picoCuries per liter. The estimated assistance for this home is$44,000. The assessed value of the home is $16,600. Radon testing and mitigation is required. However,even if the level were below 50%,the property is located in Prospect Village and the City has determined that all properties must be tested for radon. A review of aerial photographs did not identify any Explosives and Flammable A explosives or flammable operations near the target Operations property. According to FEMA Flood Insurance rate map Floodplain Management A 31055CO239H, accessed from the FEMA website on 16- January-2014,the site is not in a 100-year flood plain. According to the City's Historic Preservation Officer,the Historic Preservation A buildings are not historic. See the attached Section 106 Review Request form dated 15-January-2014. There is one noise sources near the target property, North 33rd Street. No rail traffic noise sources are located within 3,000 feet of the target property. There are several airport runways within 15 miles of the target property, but no noise elevation data is present for the target property. Noise Control A There are no loud or impulsive noise sources near the target property. Based on this data, HUD's DNL calculator was used to determine the noise level. According to the calculator, the noise level at this site is 48 decibels,which is within HUD's Acceptable Noise Level range. HUD also requires a projection of noise levels 10 years into the future. MAPA assumes the City will grow by 10% over the next 10 years, so it is assumed that traffic volumes will increase by that same amount. The traffic counts were increase by 10%,as well. The noise level was 48 decibels. Noise mitigation will not be required for this project. Flood Disaster Protection Act A The property is not located in a flood plain. See flood plain management, above. A project-specific Tier II environmental review has been performed at the above location in compliance with HUD environmental review regulations(24 CFR Part 58) and related laws, authorities and requirements. The review has been performed prior to the commitment of HUD or non-HUD funds, as required by§58.22(a)and (c). This review shall be retained as a component of the City's Environmental Review Record (ERR). Consult the Tier I CEST Statutory Checklist identified above for information regarding compliance with other laws and authorities for this HUD-assisted project or program. Prepared by: ' ///AP:7;-(r � Date: /—J „ -30,41p / is 7` Approved by: Date: 1 /I&pi-( HUD > Program Offices > Community Planning and Development > Environment > DNL Calculator Site DNL Calculator For more information on using the noise calculator, to access the user guidebook, or send comments, please visit the following page: Day/Night Noise Level Electronic Assessment Tool Guidelines: • To display the Road and/or Rail DNL calculator(s), click on the "Add Road Source" and/or "Add Rail Source" button(s) below. • All Road and Rail input values must be positive non- decimal numbers. • All Road and/or Rail DNL value(s) must be calculated separately before calculating the Site DNL. • All checkboxes that apply must be checked for vehicles and trains in the tables' headers. • Note #1: Tooltips, containing field specific information, have been added in this tool and may be accessed by hovering over all the respective data fields (site identification, roadway and railway assessment, DNL calculation results, roadway and railway input variables) with the mouse. • Note #2: DNL Calculator assumes roadway data is always entered. Site ID 2004 N 34 St Record Date 01/16/2014 X8• Users Name Lukash Road#1 Name: North 33rd Street Road #1 Vehicle Type Cars(l Medium Trucks I] Heavy Trucks Effective Distance 480 1480 Distance to Stop Sign Average Speed 25 `' 25 Mirage Daily Trips(ADT) 2548 52 _ Night Fraction ofADT 15 15 Road Gradient(%) I__.._,,_.._ 2 Vehicle DNL 40.7129 47.163 rt alginate Road#1 DNL 148.073 R. nset1 ,aAdd-Road Source,,.<;i I.:-:,:Add Rail Bounce Airnort NnisP I Pvel Loud Impulse Sounds? oYes a No Combined DNL for all1 073. Road and Rail sources Combined DNL including Airport NIA Site DNL with Loud Impulse Sound r•:aIcuIate Mitigation Options If your site DNL is in Excess of 65 decibels, your options are: • No Action Alternative Cancel the project at this location DNL Calculator • Other Reasonable Alternatives Choose an alternate site DNL Calculator • Mitigation o Contact your Field or Regional Enviornmental Officer - Environmental Contacts O Increase mitigation in the building walls (only effective if no outdoor, noise sensitive areas). o Reconfigure the site plan to increase the distance between the noise source and noise-sensitive uses DNL Calculator O Incorporate natural or man-made barriers. See The Noise Guidebook O Construct noise barrier. See the Barrier Performance Module Refresh SECTION 106 REVIEW REQUEST FORM Please answer the questions to the best of your ability and submit the form to Don Seten with the City of Omaha Planning Department PROPERTY OWNER: Betty Rahn PROPERTY ADDRESS: 2004 N. 34 St. DATE BUILT: 1903 PROGRAM: NAHTF EST. REHAB COST(if applicable): $44,000.00 LEVEL OF ASSISTANCE(if applicable): $44,000.00 ASSESSED VALUE: $15,600.00 DESCRIPTION OF PROPOSED UNDERTAKING: Install gutters. Replace sidewalks. Paint interior. Install doors and windows. SUBMITTED BY: Bob Pickeral TURN-AROUND DATE: 1/17/14 Not a Historic Structure ❑ Historic Structure ❑ Exempt Acti ' Don Seten Date HCD Preservation Officer January 2011 Douglas County Account Information Page 3 of 3 467T "IA. 1 tg.,,,,VVP.P1, '14„ita415d '11*-AbittillSEMP.i.14..41,,IVVX.'.,`O t".4.43c.`„ Mt',----0,`„'-.‘--.'4":- A404014,, .4tVfxr•A . may, {ram i •iiNi t '.. a.. w l<= per-8_ - � Y, - ,`e% ,. . • To interact more fully with Google Maps and Street View go to this link Google. If you require a more exact property location,you may use the Interactive GIS Maps that are maintained by our office. http://douglascone.wgxtreme.com/java/wgx_douglasne/static/accountinfo jsp?accountno=R... 1/7/2014 Client#:61439 RIFEC MM/DD/YYYY) 8/2015 MMIDDI ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/2 DATE(MMDD/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christine Henry INSPRO Insurance,Inc. PHONE 402-333-5700 PAX 402-333-0633 (A/C,No,Ext): (A/C,No): 12702 Westport Parkway,Suite#200 E-MAIL chenry@insproins.com LaVista,NE 68138 ADDRESS: ry@ins P 402 333-5700 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:AMCO Ins.Co. 00035 INSURED INSURER B:Nationwide Mutual Ins.Co. Rife Construction, Inc. 4515 Military Ave. INSURER c INSURER D: Omaha, NE 68104 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS A GENERAL LIABILITY ACPGLA3047183238 06/01/2015 06/01/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISE50(EaEoocTurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 X POLICY X JEC7 X LOC $ A AUTOMOBILE LIABILITY ACPBAA3047183238 06/01/2015 06/01/2016(Ea COMBINaccideEDnt)SI $1,000,000NGLE LIMIT X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR ACPCAA3047183238 06/01/2015 06/01/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION ACPWC3047183238 06/01/2015 06/01/2016 X WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? y N!A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) RE:Any and All projects. The City of Omaha is an Additional Insured on the General Liability. CERTIFICATE HOLDER CANCELLATION City of Omaha Planning Dept SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1819 Farnam St ACCORDANCE WITH THE POLICY PROVISIONS. Omaha,NE 68183 AUTHORIZED REPRESENTATIVE ./9 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #5653529/M653463 CLHE Housing and Community Development Division City of Omaha Planning Department Contractor Eligibility Form Project Name: TAP/NAHTF Project Owner: Bettie F. Rahn; Bettie F. Rahn AIF for Lyree Rahn; Bettie F. Rahn AIF for Juan Delapaz •Project Address: 2004 N 34 St. Contractor: Rife Construction Based on the review of the current"List of Parties Excluded from Federal Procurement and Nonprocurement Programs" a government publication. X Contractor is eligible Contractor is not eligible 1/4--(/-°2-61( Cons ction pecialis Date 5/2(115, Developme io ger Date System for Award Management Page 1 of 1 Yew assistance for Search Results Search Results Current Search Terms: Rife*construction* Your search for"Rife*Construction*"returned the following results... Masan" Notices This printed document represents only the first page of your SAM search results.More results may be available.To soh print Your complete smirch resod m can download the PDF and print it. Entity 1 RIFE CONSTRUCTION INCORPORATED Status: Actives® EntIty DUNS:601968520 CAGE Coda ONTO ,,sp 71.. Brdusion Has Active Euduslar?: No fiD Watt Expkkaflon Data 05/14/2016 Delinquent Federal Debt? No Purpose of RegiWatlsm All Awards _ By Record •...._..-. _ Status SY Functional Area,Enhty Management BY Functional Area- Perforntance Information SAN I System for Award Nenagentett 1.0 IBM v1.P27. -1711 Note to all Users:This is a Federal Government computer system.Use of this 111 ItARGIWsui system constitutes consent to monitoring at all times. • • httn s://www.sam.aov/portal/SAM/?navigationalstate=JBPNS_r0... 5/19/2015 ot c AAHA,NF6 .�`, �,s � Planning Department v ;! � Omaha/Douglas Civic Center t;j 1(T ti O N 1819 Farnam Street,Suite 1100 n®c,�r� ;r ' :, Omaha,Nebraska 68183 IV ti (402)444-5150 O4''- FEBR--*.* Telefax (402)444-6140 James R.Thele City of Omaha Director Jean Stothert,Mayor February 18,2014 Bettie Rahn Omaha,NE 68111 RE: 2004 N 34 St. Dear Ms.Rahn: Pursuant to your application for the Target Area Program, a courtesy inspection of the above-referenced property was completed on January 8, 2014. The following violations of the Omaha Municipal Code, Chapter 48 Property Maintenance Code, Section 48-111,were noted and are hereby brought to your attention: EXTERIOR Section 1) 302.3: Sidewalks and Driveways: Replace sidewalk and steps to house. 2) 304.7: Roofs and Drainage: Install new roof vents. 3) 304.13: Windows: Replace existing,with new or repaint and glaze. INTERIOR Section 1) 305.3: Interior Surfaces: Replace living room floor. 1) 504.1: Plumbing: Replace bathroom sink and faucets. 2) 704.4: Smoke Alarms: Install smoke detectors per code. This does not necessarily recognize all violations. If you have any questions,please call me at 444-1602. Since , ......2 -----....------ Robert F.Pickeral Construction Specialist C: file LEAD SAFE HOUSING RULE-APPLICABILITY FORM Project ID 23970 Handyman Work Order No. Address/location of property: 2004 North 34th Street Activity: /Re,h4,b Regulation Eligibility Statements (check all that apply): Property is receiving Federal Funds. X Unit was built prior to 1978. Note: If both Eligibility Statements above have been checked, continue with the Exemption Statements below. If not,the regulation does not apply. Sign and date the form. Regulation Exemption Statements [24 CFT 35.115] (check all that apply): Emergency repairs to the property are being performed to safeguard against imminent danger to human life, health or safety, or to protect the property from further structural damage due to natural disaster, fire or structural collapse. The exemption applies only to repairs necessary to respond to the emergency. _ The property will not be used for human residential habitation. This does not apply to common areas such as hallways and stairways of residential and mixed use properties. _ Housing"exclusively" for the elderly or persons with disabilities, with the provision that children less than six years of age will not reside in the dwelling unit. An inspection performed according to HUD standards found the property contained no lead-based paint. _ According to documented methodologies, lead-based paint has been identified and removed; and the property has achieved clearance. The rehabilitation will not disturb any painted surface. The property has no bedrooms. _ The property is currently vacant and will remain vacant until demolition. If any of the above Exemption Statements have been checked,the Regulation does not apply. On this basis, sign and date the form. I att that the information above is true and accurate to the best of my knAiiip,ge. 0.1/464s' 01-4 Completed by Date Reviewed by Date r • 4 I. 6 �R It y T a 015�o3i3o 14: 18:39 , " s , _ » ._ 4 .r.ear ----. ... t9 ,x s yam,. 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C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska • RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant (CDBG) funds under Title 1 of the Housing and Community Development Act of 1974, as amended, for the purpose of benefiting low- and moderate- income residents,eliminating slum and blight and for other urgent community development needs;and, WHEREAS, the City has received State of Nebraska Affordable Housing Trust Fund Program funds awarded to the City by the State of Nebraska Department of Economic Development;and, WHEREAS, the Mayor recommended various projects in the 2015 Consolidated Submission for Community Planning and Development Programs(Consolidated Plan);and, WHEREAS, the City Council approved the 2015 Consolidated Plan on November 19, 2013 by Resolution No. 1413,and as amended July 15,2014 by Resolution 790;and, WHEREAS,this property is located in the North NRSA Prospect Village Program Area;and, WHEREAS, the best bid was received in an amount of$43,785.00 from Rife Construction, Inc, to perform rehabilitation work and lead reduction work when applicable,at the property owned by Bettie F. Rahn and Bettie F. Rahn, Attorney in Fact for Lyree Rahn, and Bettie F. Rahn, Attorney in Fact for Juan Delapaz and located at 2004 North 34th Street, Omaha,NE 68111;and, WHEREAS,the total project cost is$43,785.00;and, WHEREAS,this project is in the best interest of the residents of the City of Omaha and those residing therein. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $43,785.00 for the rehabilitation and lead reduction work, when applicable, to the property owned by Bettie F. Rahn and Bettie F. Rahn, Attorney in Fact for Lyree Rahn, and Bettie F. Rahn, Attorney in Fact for Juan Delapaz located at 2004 North 34th Street,Omaha,NE 68111, is hereby approved. The contract is to be awarded to Rife Construction, Inc.Funds shall be paid from: $28,285.00 from CDBG Target Area Program 2015, Fund No. 12186, Org. No. 128072; $15,500.00 from NAHTF 13-TFHO-2077 Owner Occupied Rehabilitation(Prospect Village),Fund No. 12141,Org.No. 128101. APPROVED AS TO FORM: ID 2209 nm . JU/Ue- 15— CIT AT ORNEY DATE By .. Councilmember Adopted JUN 1 6 2015 '7-0 City Clerk aeir Mayor NO. � 7 Resolution by Res. that, the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of$43,785.00 for the rehabilitation and lead reduction work, when applicable, to the property owned by Bettie F. Rahn and Bettie F. Rahn, Attorney in Fact for Lyree Rahn, and Bettie F. Rahn, Attorney in Fact for Juan Delapaz located at 2004 North 34th Street, Omaha, NE 68111, is hereby approved. The contract is to be awarded to Rife Construction, Inc. Funds shall be paid as follows: $28,285.00 from CDBG Target Area Program 2015, Fund No. 12186, Org. No. 128072; $15,500.00 from NAHTF 13-TFHO-2077 Owner Occupied Rehabilitation (Prospect Village), Fund No. 12141, Org. No. 128101. 709 rim Presented to City Council JuN 1 6 2015 pied �;1✓�' Buster Brown City Clerk