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RES 2014-1191 - Agmt for rehabilitation and lead reduction work to 3320 Franklin St
of UMAiHA�N. ,,, R C E I V E D Planning Department � ,�,�� Omaha/Douglas Civic Center �% r 4 1819 Farnam Street,Suite 1100 z �'it.'J 46 _5 PM 3' Omaha,Nebraska 68183 �,r '�►: 20t�+SEP c�. 1, ;.x i ti; (402)444-5150 -- R K Telefax(402)444-6140 4TBD FEB4��¢ CI�� CLC.R .Q�j�� James R.Thele City of Omaha *gIe{'� a"" ' x 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 Dionne M. Payne, located at 3320 Franklin Street, Omaha, NE 68111,within the Prospect Village Neighborhood with funding as defined in the table below. The contractor is Goly Young Construction. This project was competitively bid with $40,900.00, as awarded by Addendum 4!, 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$40,900.00 from the following: Program Name Fund Source Fund No. Org No. Amount Target Area Program 2014 CDBG 12186 128072 $25,400.00 12 TFHP 7058 Housing NAHTF 12141 128101 $15,500.00 City Fund Amount Total $40,900.00 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 2014 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, Goly Young Construction, 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. Sincere] Referred to City Council for Consideration: e.r/44 ____ JI,ot,._-- to---a44.7E cti c-s-/ ( -_( X-James 1 Thele r Date Mayor's Office Date Plannin" Director Approved as to Funding: Approved: Z..._ ie6 2 „, ,, 1T.Ila,:k_0(la t_ ')/cil I z4 Step n B. Curtiss A��0llate I{ man Rights and Relations Director Date Finance Director ta',: 2081 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, Dionne M.Payne hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 3320 Franklin Street Omaha Douglas NE 68111 and legally described as follows,to wit: (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: Section 1. The following terms shall have the following meaning for all purposes in this Agreement: Revised and approved 7/3/2012 -1- 3320 Franklin Street/ID 22440 a. "Construction Contract" shall mean the contract for certain construction work at the property as follows: Contractor: Goly Young Construction Date Contractor Signed: 8/1/2014 HCD File No: 22440 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 Thousand Nine Hundred Dollars and No Cents ($40,900.00) 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 2014 $25,400.00 Grant NAHTF 12-TFHP-7058 Housing Rehabilitation $15,500.00 Initial Fund Amount Total $40,900.00 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- based paint hazards in housing; and, Revised and approved 7/3/2012 -2- 3320 Franklin Street/ID 22440 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.us 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." The Developer/Owner/Subrecipient shall have each person/applicant signing the application for a Revised and approved 7/3/2012 -3- 3320 Franklin Street/ID 22440 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 Act. 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 of the City. 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 by the Mayor or Council. A (kU_ qoyify Dionne M. Payne Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this_ _ day of A.D. before me,Norita A. Matt,a Notary Public in and for said County, personally came Dion M. Payne, personally to me known to be the identical person(s)whose name(s) is affixed to the above and foregoing instrument and she 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 aff ed by my Notary Se 1 at Omaha,Nebraska on the day and date last above written. 'we of Notary Public ,.) 'NORITA A.MATE '� / i;, ;,, myuonitEg.JUly22 My Commission expires p`' 20 Revised and approved 7/3/2012 -4- 3320 Franklin Street/ID 22440 ATTEST CITY OF OMAHA,a Municipal Corporation //K47 City erk of the City of Omaha Date Mayor of the City of Omaha D to APPROVED AS TO FORM: 3 54601- -76If' Assistant City Attorney Date • Revised and approved 7/3/2012 -5- 3320 Franklin Street/ID 22440 1 cofi)4-- 0. • • UNITED STATES CITEMNSIIIP ATTESTATION FORM FOR PUBLIC BENEFIT - Fords purposes of complying with Neb.Rev.Stat.§§4;108 throOgh4-114,I attest al • lows: 0 I am a itiaen of the United States. . • OR • . [:] • I am a.qualified .alien under the Fedea1 and Nationality Act. MY - • immigratim status and alien=mbarasfollows: - and I agme too provide •a copy of my UUSCIS (United StatesCp and Immiguthm Servicesy • documentation upon request. . • I hereby ate that my response and the infooa provided on this form and any related appliiniOn for plc benefits are trite, compere and accurate•and I uadeid that this • hillannttion maybe used to verify my lawful presence in the United States. • • • • PRINT NAME: By: • SIGNATURE: • DATE: . • • • • s . _ Created aid*proved 101262009 -Iry • • • AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT : . • • STAVE OF. ) . • )§ • . COUNTY•OF • ). 1, g fast dal'swarm under oath,state and depose as follows: 1. I am cow to try to,and have personal knowledge of the mothers staffed in this affidavit . 2. I am(a. )(the a °r dike contractor ). I attest to the • follow (a) each individual perfomiing services for such contractor is propedy classified • -under the:Nebraska Employee Classification Act, 2010 LB 563 ("the Act"),(b) such cantractor- • has completed a federal.1-9 immigration-form and has such ibun on.file for each employee . pig services,(c)such contractor has.c omplied WithNeb.Rev.Stat.section 4-114(federal • •. • immigration von 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 contact,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 • • • • • - • ARroved ono . REHABILITATION CONTRACT Project ID No.: 22440/2014 *ADDENDUM#1 This Contract is between Dionne M. Payne (Owner's Name) of 3320 Franklin Street , Omaha,Nebraska 68111 (Owner's Address) (City and State) (referred to herein as the "Owner" and Goly Young Construction (Contractor's Name) of 5333 North 45th Street , Omaha, Nebraska 68104 (Contractor's Address) (City and State) a Sole Proprietorship (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 3320 Franklin Street , Omaha,Nebraska 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 exec ted and approved copy of the Contract is not delivered to the Contractor on or before, r-��e f- I , 201'4 , (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 March 17, 2014); 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$40,900.00. *(work in the amount of$4,140.00 is being deleted from the contractor's original bid of $45,040.00. The new contract amount is $40,900.00) 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 Revised and approved 9/27/2012 -2- 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 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 Revised and approved 9/27/2012 -3 - 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. 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 1-9 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 whatsoever for the performance of any terms of this Contract. kjAc , Pk Pts,i2r,_ q p)-1 ( 1/41 Date Owner: Dionne M. Payne Date Owner: Owner: Date Owner: Date Owner: Date Owner: Date , i - / i I_ . • i tfrp, (/ riv -,/, 7/if( fitness Date Goly Young Construction Contractor /- , , , '(----7 V BV: oly Young Date TI LE: Owner fr ''"/ 1'1'' • ' i titadfiait S *II q Witness Date Approved by the City on (/ , 20 BY: \ ' %Mb/LA-AO-IL- Name: David Thomas TITLE: Assistant Planning Director Mailed to CONTRACTOR, and Effective on 9A-1 *----- , 20/ k , 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: Revised and approved 9/27/2012 -6- During the performance of this contract, the Contractor agrees as follows: 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 Revised and approved 9/27/2012 _ 7_ Owner form any claims by laborers, subcontractors, or suppliers for unpaid work or labor performed, or materials supplied in connection with this Contract. 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 Revised and approved 9/27/2012 -8- 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 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, Revised and approved 9/27/2012 -9- 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 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. Revised and approved 9/27/2012 - 10- 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 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. Revised and approved 9/27/2012 - 11 - 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 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 Revised and approved 9/27/2012 - 12- 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 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, Goly Young,Owner, 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 Goly Young Construction). 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. ff t `/. SUBSCRIBED AND SWORN TO before me this I GI' day of ,50S'r' ,2014. Lurnn8 atio N tary Public O EQUAA.HOUSING OPPORTUNITY Approved 6/1/10 ADDENDUM#1 NAME: Dionne M. Payne ADDRESS: 3320 Franklin Street PROJECT ID: 22440/2014 AREA: TAP/NAHTF CONTRACTOR: Goly Young Construction The Rehabilitation Contract as originally issued, signed by the Contractor on Pw0u , is hereby amended. The following work in the amount of$4,140.00 is being Deducted to the contractor's original bid of$45,040.00. The new contract amount is $40,900.00. 1. Deduct from the scope of work: Removing trees at the side of the house. (Cost: $2,500.00) 2. Deduct from the scope of work: Eliminate carpeting of second floor. (Cost: $1,400.00) 3. Deduct from the scope of work: Reduce the size of the front steps. (Cost: $240.00) Original Bid: $45,040.00 Deduct: $4,140.00 New Price: $40,900.00 The foregoing changes to the above mentioned contract shall have the same force and effect as if such change or changes had been incorporated in the original contract and this Addendum No. 1 to the contract will be incorporated in and become a part of the contract documents of the work. The Addendum No.1 shall in no way be construed as altering the aforementioned contract; meaning and intent, except as expressly set forth in the above-mentioned items and all other provisions of the contract shall remain unchanged and in full force and effect. The undersigned hereby acknowledge and consent to the above changes to the original Rehabilitation Contract. tract r: oung onstruction Date ley\ Owner: Dionne M. Payne Date Ci.nstruction Specialist: Bob Pickeral Dat 1 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) g fun]dws u and mode 1 of e- the Housing and Community Development Act of 1974, as amended, for the purpose income residents,eliminating slum and blight and for other urgent community development needs;and, WHEREAS, the City has received State of Nebraska Development;Affordable rale Housing Trust Fund Program funds awarded to the City by the State of Nebraska Department of Economic nd, WHEREAS, the Mayor recommended various projects rod cts in the 2014 Consolidated Submission for Community Planning and Development Programs(Consolidated Plan); WHEREAS, the City Council approved the 2014 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 North NRSA Prospect Village Program Area; and, rm WHEREAS, the best bid was received in an amount of$40,900.000 from Goly Young neConstruction, ns runei and located at rehabilitation work and lead reduction work when applicable, at the property by 3320 Franklin Street,Omaha,NE 681 1 1; and, WHEREAS,the total project cost is$40,900.00;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 by he amount of m Payne rk, when locate at forthe Frankl Franklin t, Omaha, NE reduction 68111,�is hereby appved applicable,he contract to the p is to be awarded to Goly Young nd at 3320 F Construction. Funds shall be paid from: $25,400.00 from CDBG Target Area Program 2014, Fund No. 1, Org. No. Org. No. 128072; $15,500.00 from NAHTF l2-TFHP-7058 Housing Rehabilitation (Prospect Village), Fund No. 1214 128101. APPROVED AS TO FORM: 3 S7`2d"' ID 2081 nm DATE CITY A TORNEY By � ,G er Councilmemb Adopted SEP 1 6 2014 /- d relre3z .... y Cit Clerk Of/I Approved Mayor 1/46/A4.5./ NO. Resolution by Res. that, the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of$40,900.00 for the rehabilitation and lead reduction work, when applicable, to the property owned by Dionne M. Payne located at 3320 Franklin Street, Omaha, NE 68111, is hereby approved. The contract is to be awarded to Goly Young Construction. Funds shall be paid as follows: $25,400.00 from CDBG Target Area Program 2014, Fund No. 12186, Org. No. 128072; $15,500.00 from NAHTF 12-TFHP-7058 Housing Rehabilitation (Prospect Village), Fund No. 12141, Org. No. 128101. 2081 nm Presented to City Council SEP 1 6 2014 Adopted 4 Buster Brown City Clerk O�AHA'NF Planning Department c:IlIcAOmaha/Douglas Civic Center T �r h, NAIITFITAP Program 1819 Farnam Street Suite 1100 ��. �� ` «'y �, Omaha,Nebraska 68183 9,44 (402)��!�,�,M1'"� /I 1�1-5150 _ �� °� 4�ti 3320 Franklin St. Telefax(402)444-6140 QTFD FEBR�� R.Thele Dionne Payne James City of Omaha Acting Director Jean Stothert,Mayor (402) 216-6887 Inspector: Bob Pickeral (402) 444-5150 ext.2027 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 Work Exterior 1- Remove existing asbestos siding from rear addition and use to repair broken tiles from various other areas around the house. Install 8"horizontal hardboard siding at rear addition to replace removed asbestos siding. 2- Scrape, prepare,prime, and paint all previously painted surfaces of the exterior of the house, garage, and porches to include the,trim, soffits,porch floors, walls, and ceilings. All sidingis to also be cleaned and painted. All work must be done using Lead Safe work practices. 3- Replace metal soffits and fascia as needed, especially on the east side of the house. Remove rotted/broken window trim, including sills, and replace or repair as needed. Replace rotted plywood at old side door with new and then side over. Weave siding if possible. Close in windows at garage and weave in new siding. 4- Remove existing lattice under rear porch and install new vinyl lattice and cedar framing. Use lead safe procedures when removing existing lattice. g 5- Paint floor, ceiling, walls, and trim inside front and rear porch. All paint will be two coat of enamel with the floor being floor paint. Interior 1- Scrape, prime and paint two coats approved paint on all interior window trim. 2- Remove and dispose of three(3) basement windows and replace with vinyl sliders white in color. Windows are to be Low E, argon filled, insulated glass. 3- Strip friction and impact surfaces of the painted door systems using lead safe practices. Repair all painted doors to function properly. Paint the entire door systems to match existing colors. Replace existing master bedroom door with homeowner furnished door, which will also have lead paint on it. 4- Repair/overlay and paint walls and ceilings in master bedroom,bathroom, second floor hallway and stairwell, and kitchen. Repair and paint attic bedroom ceiling. Kiltz or equal at chimney. 5- Remove the doors and frames of three(3) exterior doors. Replace with new systems to match existing. All doors to have a peep hole. Replace all hardware to match existing. Replace interior and exterior trim. Interior trim to be painted and exterior to be metal wrapped. 6- Clean all horizontal surfaces using a Hepa-Vac to achieve clearance. 7- Remove two (2) storm doors and replace with new, (allowance for two doors $570.00). To be Larson or approved equal. Non Lead Work Exterior 1. Re-flash around chimney, per City specifications. 2. Replace all private sidewalks except at east side, which will be removed.New p sidewalks will be standard 3' width. Replace all broken public sidewalk. 3. Replace steps at front of house with new. Install two pier footings 8" x 42". p p 4. Tuck point brick foundation as well as at front. 5. Remove all trees on the east side of the house. Grind stumps,then seed and straw entire area. 6. Install new painted metal railing at rear steps. 7. Remove any existingand install new gutters and downspouts on garage. 8. Replace any broken window panes on front porch. 9. Install soil as needed to allow for a positive flow of water away from house. Install window wells as needed. Seed and straw all work. Interior 1. Remove existing railing at attic stairs and install new,wood or metal railing, whichever is most cost efficient. This includes the stairway as well as along the top of the stairs. Paint or stain railing. Cut out and replace flooring so as to secure railing sufficiently. 2. Remove existing tub in second floor bathroom, as well as the cabinetry behind the tub as needed. Install walls as needed for a bathtub/shower combo. Dura-rock walls above tub level. Drywall and finish on exterior of walls. 3. Remove existing and install new vinyl sheet flooring in second floor bathroom. Install '/4" subfloor before vinyl. Install metal thresh at hallway and painted shoe molding around floor perimeter. 4. Install new carpet in three second floor bedrooms. Allowance for carpet and pad is $18.00 per sq. yd. 5. Repair anyloose steps and replace any broken steps at both stairways to second p p floor as well as stairway to basement. Replace spindles on stairs at second floor as needed upon changing treads. Stain and seal treads. Repair and re-support p g g basement stairway as needed. 6. Install new active radon unit. A copy of the subsequent test is to be sent to the City of Omaha Planning Dept. 7. Clean out thin areas as necessary and install new concrete floor patch at basement floor. Electrical 1. Wire and install disconnect for new AC unit. 2. Install new exhaust fan with light in second floor bathroom. 3. Install a new GFI outlet in second floor bathroom as well as kitchen. 4. Replace existing switches in second floor bathroom to an adequate location. 5. Remove and replace switches in hallway of second floor, including box if necessary. 6. Re-route electrical line going thru master bedroom to third floor bedroom, and cover per code. 7. Install new hard wired smoke detectors per code as well as a carbon monoxide detector in basement. 8. Wire for radon unit. 9. Bring wiring in basement up to code as needed. 10. Add one additional keyless light in basement. 11. Install a new spotlight at rear to replace existing. HVAC 1- Service existing furnace. 2- Install new AC unit and tie it into the existing furnace, including new A coil as needed. 3- Hook up dryer er to a new vent installed to the outside of the house. 4- Install new vent covers in all bedrooms, including third floor bedroom and closet. Build support as needed for third floor closet vent. 5- Balance system as needed for adequate heat/air in all parts of the house. 6- Install supply vent in second floor bathroom. Install ductwork and outside cover for bathroom exhaust vent. Plumbing 1- Install new fiberglass tub and matching surround for second floor bathroom. Install all piping,vents, and drains for new tub and shower. Allowance for tub/shower faucet is $175.00. 2- Install vents for toilet and sink as needed. Remove and re-install toilet after new floor installed. Install new shut-off and supply line on toilet. 3- Replace galvanized water lines in house to the meter. Install new shut-offs at p meter. 4- Replace all hose bibs on exterior of house. 5- Install new main stack. 6- Install new kitchen sink faucet. Check and change kitchen sink vent as necessary. Allowance for kitchen sink faucet is $150.00. 7- Install new laundry box and drain lines. Vent as necessary. 8- Install new floor drain per code. Note: All plumbing faucets will be either Moen or Delta. iousiuLp 3�L Property Owner 411/U-- Date Property Owner Date City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area LI Exterior Project LII NAHTF Z Barrier Removal ❑ Redevelopment Area: Prospect Place Address: 3320 Franklin St. Owner(s): Dionne Payne The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 3/20/2014 General Construction Cost $ 23,937.00 Electrical Cost $ 2,490.00 Plumbing Cost $ 4,570.00 HVAC $ 3,250.00 Overhead/Profit/ NE. Contractor Tax (15%) $ 5,136.00 Lead Liability Fee Total Construction Cost Estimate $ 39,383.00 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 actual cost may va Signed, Construction Specialist A,. Date 3/12A !ly Initial Inspection Date: 3/5/14 Work Wri -up Date: 3/17/14 Approved, Development Section Mgr. -� /, 73 Date 3 2-S0 (44fr C: Cheryl File Rev. 8/29/08 VI 1 d 0 ci E I: :4" R3 n .e ; u) Li' 0- tri i a: 0 P:1 > CT1 > e = 0 seppr- :".• P-t C.) 0 .-''. (.4- = n g •• CD 2 1 .. F2..‹. p. 5. 0..„ to ..., (IQ C .W d P; R. • 5-.. • '" � � Woay . N x = c c� .� � w � I o O '' 7, W pi p N 1 < CD "Z b R. N) 1 CD CD O O K. - .p C/1 '.}CD 04 CD i w A, o .' w © c o c 0 0 © = n�- N 2. .`P. 5 co 4- et > PA CI et) v' k'tj � � � CD •• 0- CD -moo!' 0 ' cn r C .. tZ) Caw CD ril > eo Fi g. C:"tt_ pod. l+• RI, 4' , CD CD , . <' p. CD a En .. N .. N CD .p City of Omaha, Housing and Community Development Division BID EVALUATION FORM Project Owner : Dionne Payne Project Address: 3320 Franklin St.. Target Area Project_X Exterior Project Special Needs RAP Funding Source: Block Grant X Home Other Contractor Planning Dept. Comments General Conditions: Site Work: $3,100.00 eliminate tree removal: $2,500.00 Concrete: $4,000.00 $2,820.00 reduce size of front steps: $240.00 Masonry: $1,200.00 Metals: $900.00 $400.00 Woods and Plastics: $9,400.00 $1,158.00 Thermal & Moisture Prot.: $2,900.00 $817.00 Doors & Windows: $6,400.00 $5,910.00 Finishes: $1,400.00 $3,150.00 eliminate carpet on 2nd fl.: $1,400.00 Specialties Equipment: Furnishings: Special Constr.: $900.00 $1,200.00 Plumbing: $5,800.00 $4,570.00 HVAC: $3,000.00 $3,250.00 Electrical: $2,200.00 $2,490.00 Lead. Overhead & Profit: $5,040.00 $5,136.00 TOTAL: $45,040.00 $39,383.00 new total: $40,900.00 The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable. Date: �jl�Z=3 Construction Specialist: ,' /h - /'j r' r Development Section Manager: � j � Date: 2/-„3-3/14 6-7-00 HOMEOWNER'S ACCEPTANCE FORM I have reviewed all of the bids submitted for the rehabilitation of my property located at 3220 Franklin St. My contractor of choice is: Goly Young Owner's Signature or Personal Representative _ Date: �f / City of Omaha Planning Department Housing and Community Development Division Tier II CEST Statutory Checklist(2012-197) For Rehabilitation Programs Tier I CEST Statutory Checklist(2013-001) Project Name: None Project Address: 3320 Franklin Street Project Activity:See the attached Section 106 review form for the scope of work. Program:Target Area Program The Tier I CEST Statutory Checklist requires a Tier II Statutory Checklist the following Impact Categories: • Contamination and Toxic Substances • Explosive and Flammable Operations S • 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). Status Source Documentation Impact Categories A or B The target property is located in the focus area of the Omaha Lead Superfund site. The soil in the yard was tested for high lead concentrations in 2004 and soil did not require clean up. Lead-based paint hazards are present. A lead-based Contamination and Toxic g paint risk assessment was conducted in 2004. Some lead Substances hazards were abated,while others were mitigated. Lead safe work practices will be followed. The City's radon policy states that homes receiving benefits in excess of 50%of the assessed value of the home must be tested for radon. The estimated cost of rehabilitation is$39,383. The assessed value of the home is$54,100. Radon testing and mitigation (if necessary) are required for this project. Based on a review of April 2013 aerial photographs, no Explosives and Flammable p A explosives or flammable operations are located near the Operations target property. According to FEMA Flood Insurance rate map 31055CO239H,accessed from the FEMA website on 19- Floodplain Management A June-2014,the site is not in a 100-year Year flood plain. A printed floodplain map of this area is not available. 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 17-June-2014. There are two road noise sources with traffic count data located within 1,000 feet of the target property, North 33rd Street and Hamilton 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. There are no loud or impulsive noise sources near the target property. Noise Control A HUD's Day-Night Noise Level calculator was used to determine the noise level at the target property. The data used is the calculation, and the calculation results are attached. The noise level was 52 decibels,which is within HUD's Acceptable Noise Level range. HUD further requires a 10-year noise projection,when possible. To do this,the traffic counts in the model were increased by 10%because current population growth estimates assume Omaha will grow by 10%over the next decade. The noise level remained at 52 decibels. Noise mitigation is not required for this project. The property is not located in a flood plain. See flood Flood Disaster Protection Act A plain management, above. g 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: /71 �1/-1,41/ Date: 6//O 4.1/4/ Approved by: /�+�... 0.11/ca: b Date: I9/ i ) • 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: Dionne Payne PROPERTY ADDRESS: 3320 Franklin St. DATE BUILT: 1896 PROGRAM: Target Area EST. REHAB COST(if applicable): $39,383.00 LEVEL OF ASSISTANCE(if applicable): $39,383.00 ASSESSED VALUE: $54,100.00 DESCRIPTION OF PROPOSED UNDERTAKING: Repair siding and paint house. Replace sidewalks. 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Ai 74: 0- m or al LT m vi R ue -■ -I of iD m _ D- ui FD". = m iD to !." !. cu - -• to O U) — in %...,„„.0 = < '4 - CD mD sy •< CD = = li V n g m m in . 0812212014 11:27 All American Insurance fAX)4028955667 P.0011001 ----11)�►CaR� CERTIFICATE FOATE IMMID0/11YYY) OF LIABILITY INSURANCE /22/2014 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 poliey(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 f • GNAlMRTE ACTS Mason (West Omaha) All American Insurance, West Omaha pHONe (402)895.6a74 irttg.No): (402)095-5667 4 951 South 155th Street EMAIL DR ADDDRESS.suem@ allamericanins.corn INSUftER(S)AFFORDING COVERAGE NAIC P Omaha NE 68137 INSURER A:Iowa Mutsal Croup INSURED INSURER 8: Goly Young Construction INSURER C: Attn: G o ly Young INSURER 0: 5333 N 45 St INSURER E: Omaha NE 68104 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1482226263 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE 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. i IN5R AOOI.SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OP INSURANCE INSR WWI POLICY MUMMER J5M� Y} IMID0IYVYY1 GENERAi.umiiiirs. EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Es oecurroncoi $ 50,000 A I CLAIMS-MADE E OCCUR AO20090084 8/26/2014 8/26/2015 MED EXp(Any one person ! 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE 2,000,000 OEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY IIII PRO- Ill LOC g AUTOMOBILE LIABILITY CO LIMIT —1 ANY AUTO BODILY INJURY(Per person) $ - AALLOWNED -AUTOS -J BODILY INJURY(Par accident) $ NON-OWNED PROPERTY DAMAGE ..� HIRED AUTOS AUTOS ! ienn $ $ ' _.... UMBRELLA LIAR OCCUR ,EACH OCCURRENCE 1� EXCESS UA8 CLAIMS-MADE AGGREGATE $ I DED I I RETENTION$ • , $ WORKERS COMPENSATION -- WC STATU• I I OTH- AND EMPLOYER$'LIA81IUTY V I N TORY LIMITS ER ANY PROPRIETORIPARTNERIEXECUTIVE N A E.L. ACCIDENT $ OFFICER/MEMBER EXCLUDED/ c:::1 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If e&deacllbe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more epeee is required) • CERTIFICATE HOLDER CANCELLATION (4 02)44 4-52 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN City of Omaha ACCORDANCE WITH THE POLICY PROVISIONS. Planning Department - AUTHORIZED REPRESENTATIVE 1819 Farman Street Suite * 1100 Omaha, NE 68183 Ray S Luyter/11ES2 5CZ =fELt9Ep.. m= .-ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All riahts reserved. Housing and Community Development Division City of Omaha Planning Department Contractor Eligibility Form Project Name: Target Area Program Project Owner: Dionne Payne Project Address: 3320 Franklin St. Contractor: Goly Young 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 eligible1/4 4AW,y Constru ion Specialist Date 4414 ) - itf* A to Developmen - '•n v anager Date System for Award Management Page 1 of 1 Search Results Current Search Terms:Goly*Young* Notice:This printed document represents only the first page of your SAM search results.More results may be available.To Glossary print your complete search results,you can download the.PDF and print it. No records found for current search. Search Results Entity Exclusion Search Filters By Record Status By Functional Area-Entity Management By Functional Area- Performance Information SAM I System for Award Management 1.0 IBM v1.1725.20140509-1810 con A Note to all Users:This is a Federal Government computer system.Use of this • system constitutes consent to monitoring at all times. https://www.sam. ov/ ortal/ ublic/SAM? ortal:com onentId=fb... 5/1 9/20 1 4 g p p p p 4� AHA,N- 4 Planning Department 4� 7 Permits&Inspections Divison =maOmaha/Douglas Civic Center �,® r� tt �; 1819 Farnam Street,Suite 1110 �+�` ti• Omaha,Nebraska 68183 op t,4 (402)444-5350 �rFD FEW- Telefax(402)444-6140 City of Omaha James R.Thele Jean Stothert,Mayor March 17, 2014 Director Dionne Payne Omaha,NE 68111 RE: 5710 North 52nd St. Dear Ms. Payne: tion for the Target Area am, a courtesy inspection of the above-referenced Pursuant to your applica g Pro�' property was completed on March 5,2014. Municipal The following violations of the OmahaCode, Chapter 48 Property Maintenance Code,p Section 48-111,were noted and are hereby brought to your attention: EXTERIOR Section 1) 304.13: Windows: Install new windows or reseal existing. 2 304.10: Decks: Repaint existing front and rear deck. 3) 304.15: Doors: Replace or repair all exterior doors. INTERIOR Section 1) 305.1: General: Repair and paint all walls and ceilings. 2 605.2: Receptacles: GFI outlets in kitchen and bathroom. 3) 704.4: Smoke Alarms: Install smoke detectors per code. any questions, please call me at(402) 444-5150, ext. 2027. If you have Sincer y, obert F. Pickeral Construction Specialist C: file LEAD SAFE HOUSING RULE-APPLICABILITY FORM Project ID 22440 Handyman Work Order No. Address/location of property: 3320 Franklin Street Activity: / Regulation Eligibility Statements (check all that apply): _ Property is receiving Federal Funds. X Unit was built prior to 1978. Note: If nth 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 35.11511 (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 atte: that the information above is true and accurate to the be • y • • led:e add)‘ TA•Cfr 4 i‘ii; _d7.41/01ApqeA....-- Completed by Date Revie Date .. .., ""°:1 -..,.. :._ ,. - . 2 :sip<s;:�;.,,��":y.. .r' !r • x. _ a. ` .:'$t': yam,. t1 .. 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