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RES 2013-0259 - Agmt for rehab work to 1340 S 25th St II r ti t r �p1AHA,iy J V r- o °v ' ' 4 °' `' �'' Planning Department s INy 9 v p. Omaha/Douglas Civic Center '" " °` ' 1819 l arnam Street,Suite 1100 z l� Cal fti ?'i,b- �® ,�_PL `i( � Omaha,Nebraska 68183 o'F- `3-��1",`' �A ro (402)444-5150 �pqr&��EBRp4� p- Telefax(402)444-6140 F ; R. E. Cunningham,RA,F.SAME City of Omaha Director Jim Suttle,Mayor February 26,2013 Honorable President and Members of the City Council, The attached Resolution approves a Grant Agreement for the rehabilitation of the property owned and occupied by Margaret Jones, and located at 1340 South 25th Street, within the Columbus Park Neighborhood,with funding from the Nebraska Affordable Housing Trust Fund(NAHTF)and Community Development Block Grant(CDBG) funds. The contractor is R&R Construction. This project was competitively bid with $45,865.00 being the best bid received. This bid is within the Planning Department's Financing Guidelines for the Nebraska Affordable Housing Trust Fund (NAHTF) and Outside Neighborhood Revitalization Strategy Area (NRSA) Community Development Block Grant (CDBG) funds. 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 $45,865.00, comprised of$20,000.00 from the NAHTF Program(NAHTF Award No. 11-TFHO-7057,Fund No. 12141, Org.No. 128101)and$25,865.00 from the CDBG Program(CDBG Outside NRSA Target Area Rehabilitation Fund No. 12186,Org.No. 128072). The rehabilitation of this single-family home meets the requirements of the Nebraska Affordable Housing Trust Fund Program. the Community Development Block Program, the City's Underwriting Guidelines and is consistent with the FY 2013 Consolidated Submission for Community Planning and Development Program approved by the City Council on February 5,2013 by Resolution No.26. The Contractor, R&R 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. Sincerely, ,4 Referre&te.,City Council for Consideration: ' IF-4, ' 1 rAp3 L„—e--,7 ..,, is .� R . . Cunningham, f : A Er , Date Mayor's Office Date Planning Director Apptoved as to FundllTg: Approved: r 1 1 ,Y._e_ V ,_� (J AL ckLia //J 'kilt Lesfe A. Schaefer Date�} Human Rights and Relations (Date Finance 1808 csw • 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, Margaret Jones hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located a 1340 South 25th Street Omaha Douglas NE 68105 and legally described as follows,to wit: The South 16 2/3 feet of the East 84 feet of Lot 10,and the North 16 2/3 feet of the East 84 feet of Lot 11,in Block 11,Shull's Second 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 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: Revised and approved 7/3/2012 -I- 1340 South 25Th Street/ID 20494 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: R&R Construction Date Contractor Signed: 1/8/2013 HCD File No: 20494 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. R. "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 Five Thousand Eight Hundred Sixty Five Dollars and 00/100 (S45,865.00) 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 2013 $25,865.00 Grant NAHTF 11-TFHO-7057 Owner Occupied $20,000.00 Initial Fund Amount Total $45,865.00 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 thirty-six (36) months. The thirty-six (36) 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 36-month term the OWNER is required to own and reside at the dwelling;and, Revised and approved 7/3/2012 -2- 1340 South 25th Street/ID 20494 e. abide by the applicable HUD guidelines for the evaluation and control of lead- 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 1/36 of the grant for each remaining month of the thirty-six 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 IJ.S.0 1324a, known as the &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 rim state ne LS 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 verity 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- 1340 South 25th Strcct/ID 20494 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 Clascification_Ae,t, 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 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. Section 12. Interest Qf 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. s 4:1 Margar t nes Date - 7/ STATE OF NEBRASKA ) )4 COUNTY OF DOUGLAS ) On this day of 1 D.before me,Norit4-9,.Malt, a Notary Public in and for said County, personally came Marea�perssoou l y 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 affixed by my Notary Seal at Omaha,Nebraska on the day and date last above written. NORITAA MAR Notary�ubic �� MY COMMISSION EXPIRES :' July22,2014 ''" ",'. I My Commission expires_1FJ,� 20/ Revised and approved 7/3/2012 -4- 1340 South 25th Street/ID 20494 ATTEST CITY OF OMA Municipal Corporation City Clerk of the City of Omaha /J /jfiGfayor o e City of Omaha Date APPROVED AS TO FORM: i f % 2113 Assistant City Attorney Date Revised and approved 7/3/2012 -5- 1340 South 25th Street/ID 20494 REHABILITATION CONTRACT Project ID No.: 20494/2013 This Contract is between Margaret Jones (Owners Name) of 1340 S. 25 St. Omaha,NE 68105 (Owner's Address) (City and State) (referred to herein as the "Owner" and R&R Construction (Contractor's Name) of 3457 S. 15 St. , Omaha,NE 68108 (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 1340 S. 25 St. , Omaha,NE 68105 (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 Revised and approved 9/17/1012 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, 20 IS , (date equal to sixty(60) Date) 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 Ocober'24,20 ); 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$45,865.00. 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 shaft 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 Revised and approved 9/27/2012 -2- 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 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: Revised and approved 9/27/2012 -3- 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. 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 (IIUD) assumes any liability or responsibility whatsoever for the performance of any terms of this Contract. J��S Owner:Jffargaret Jones Date Owner: Date Owner: Date Owner: Date Owner: Date Owner: Date witness Date R &R Constructio Contra; o At "ir Si _ . 13 BY: S 'phen uller I" ., D. e TITLE: ;,,� /ialq ET- gi4 7413 Wi es Date Approved by the City on OZ 77 ,20 A 7 BY: e: James R. Thele TITLE: Assistant Planning Director Mailed to CONTRACTOR,and Effective on LJ /7 , 2(/) Revised and approved 9/27/2012 -5- PART II STANDARD TERMS I. 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 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. 170Iu. 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 lenal 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- Ali FTDAVIT FOR EMPLOYEE CLASSIFICATION ACT STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) I,Stephen Fuller,Owner being first duly sworn under oath,state and depose as follows: I. 1 am competent to testify to,and have personal knowledge oe the matters stated in this affidavit. 2. 1 am(a contractor)(the authorized agent of the contractor R&R 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 1-9 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. 4% 7 f SUBSCRIBED AND SWORN TO before me this '7 r~ day of January,2013. Notary Public GENERAL NOTARY-State of Nebraska gIKKI M.FLOTT My Comm.Exp.July 2,2014 4 El R� Approved 6/1/10 't 11 q Planning Department \\Y s f Omaha/Douglas a Lyric Center `g Sus n` Target Area Program 1819 rarnam Street,Suitt 1100 et'1 Omaha,N b Im 68183 a4'n '-' Columbus Park NAHTF t 444-3150 o iti Telefax(102402)444-6140 R"T£n EEfl 1340 South 25th St. R.E.Cunningham,RA,F.SAME City orOmaha Russell & Margaret Jones Director Jim Smile,Mayor 341-2793 Inspector: Bob Pickeral 444-1602 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,I • 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 are 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. • Remcve 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- Scrape,prepare, prime all previously painted surfaces of the exterior of the house and porch to include the,trim, soffits, walls,and ceilings. All work must be done using Lead Safe work practices. Replace rotted wood before painting, especially around window trim. 2- Replace front porch floor and framing with new,to code. Porch floor is to be 1/4 T&G and is to be painted. Remove Ix wrapping of porch posts and install new, to also be painted. Remove and replace any attached wood. 3- Remove existing lattice under front porch and install new vinyl lattice and cedar framing. Use lead safe procedures when removing existing lattice. 4- Replace rotted wood at basement windows and repaint all. 5- Wet serape existing wood and repaint rear deck. Interior I- Caulk around windows as needed. Install two coats approved urethane on all interior window trim. 2- Repair and paint all basement windows. 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. Complete trim on basement door before painting. 4- Wet scrape and repaint basement stair system, including trim. Repair drywall at stairwell as needed and paint stairwell complete. 5- Repair plaster as needed on all interior walls and ceilings. Paint ceilings white and all walls one color of paint of homeowner's choice. If a second or third color of paint is desired homeowner will buy the paint. 6- Wet scrape the basement walls and repaint,using a dry-lock type of paint. Tuck point walls as needed before painting. 7- Remove the doors and frames of side exterior door. Replace with new system to match existing. Door to have a peep hole. Replace all hardware to match existing. Replace interior and exterior trim. All trim to be painted. 8- Clean all horizontal surfaces using a Hepa-Vac to achieve clearance. 9- Remove two (2) storm doors, front and side, and replace with new, (allowance for two doors $570.00). To be Larson or approved equal. Approved Window Manufacturers Simonton Prism Ultra Gold, Stanley Pm-Fit, Winnova CVD-200, Kensington 3910 1 3510/ 4510, Ellison Series 1300/1500/1600, Silverton 850019500, Pella ThermaStar, Gerkin Series 4800. Non Lead Work Exterior 1- Replace roof with new architectural shingle. Replace felt, D channel, gutter apron, chimney flashing and all other fleshings necessary. Replace vents and add vents as necessary. Remove any metal roofing and install rubber roofing on all pitches 2/12 or below. 2- Remove existing guttering and downspouts. Install new 5"guttering with downspouts placed as needed. 3- Remove existing fence in rear-north of lot and replace with new of same kind. 4- Remove trees at rear of lot, including grinding down stumps. 5- Remove existing retaining wall at rear of lot and install new versa-lock or equal. Install per manufacturer's requirement as well as City specifications, especially concerning gravel behind wall. 6- Survey lot. 7- Clean old items from rear of lot. 8- Install dirt around house for a positive flow away from house. Seed and straw all new areas of constmetion. Interior 1- Clean and re-urethane front door. Paint rear and side exterior doors homeowner's choice of colors. b- Remove stained shelf on second floor hallway and replace with new. Stain new wood and seal. c- Install new blown fiberglass insulation in attic to code R value. d- Remove existing spline ceiling in living room and replace with drywall ceiling. Install flat finish on drywall,and paint. e- Remove existing and install new six panel doors on second floor to match existing wood type. Stain and urethane doors. Install new lever hardware. f Replace floor in second floor bathroom with new sheet vinyl floor. Replace subfloor with new before installing vinyl. g- Remove existing walls above second floor tub. Set framing for 2 grab bars at shower and 1 at toilet. Set framing for new shower seat. Install new concrete board or equal at shower. Install ceramic tile to seven feet above shower floor. Seal tile. Allowance for tile is to be $3.50 per sq. ft. h- Install stainless steel grab bars; one 42" at rear of shower, one 30" at end wall of shower, and one at the toilet. i- Install one stainless steel shower wall seat and one shower curtain rod. HVAC 1- Remove existing and install new furnace. 2- Install new AC unit and tie it into the furnace. 3- Hook up new exhaust fan in second floor bathroom. Electrical 1- Install new disconnect for AC unit. 2- Install hard wired smoke detectors in house per code. Install carbon monoxide/smoke detector in basement 3- Install new GPI outlets in front, side, and rear doors. 4- Install new lighting at front, side,and rear doors. Lighting allowance is to be $50.00. 5- Install all new outlet and switch covers. 6- Install one extra outlet in each of the second floor bedrooms. 7- Install new exhaust fan/light combo at second floor bathroom. Plumbing 1- Install new frost free exterior faucets. 2- Remove existing tub and install new fiberglass shower floor. 3- install new plumbing for shower, including re-setting floor drain. 4- Install new shower faucet,including hand held nozzle. 5- Remove existing and install a new high seated toilet. 6- Install a new pedestal sink and faucet. 7- Remove existing and install a new hot water heater. Property ner t/ Date ryry� Property caner Dafla/ ;q City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area/NAHTF ® Exterior Project ❑ Special Needs ❑ Barrier Removal ❑ Redevelopment Area: Columbus Park Address: 1340 South 25th St. Owner(s): Russell J. & Margaret Jones The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 10/23/2012 General Construction Cost $ 29,141.00 Electrical Cost $ 2,000.00 Plumbing Cost $ 2,640.00 HVAC $ 3,300.00 Overhead/Protitl NE. Contractor Tax(15%) $ 5,561.00 Lead Liability Fee Total Construdion Cost Estimate $ 42,642.00 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 st may vary. Signed, Construction Specialist — Date D g, 31 Initial Inspection Date: _10/5/12 Work Write- te: _1 23/12 / _ f Approved, Development Section Mgr. Date (a/ 25/ (L. C: Cheryl / File ' Rev. 8/29/08 City of Omaha, Housing and Community Development Division BID EVALUATION FORM Project Owner : Russell J. Jones & Margaret Jones Project Address: 1340 South 25th St. Target Area Project_ Exterior Project Special Needs NAHTF X Funding Source: Block Grant_X. Home Other Contractor Planning Dept. Comments General Conditions: $350.00 Site Work: $5,412.00 $8330.00 Concrete: Masonry: $650.00 Metals: $585.00 Woods and Plastics: $2,100.00 $7,214.00 Thermal & Moisture Prot.: $6,267.00 $6,390.00 Doors &Windows: $3,765.00 $1,270.00 Finishes: $10,635.00 $5,287.00 Specialties: $1,300.00 Equipment: Furnishings: Special Constr.: Plumbing: $6,585.00 $2,640.00 HVAC: $4,971.00 $3,300.00 Electrical: $2,650.00 $2,000.00 Lead. Overhead & Profit: $1,245.00 $5,561.00 TOTAL: $45,865.00 $42,642.00 The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable. Construction Specialist: Date: 47/C4?, Development Section Manager: -- Date: 007 6-7-00 Housing and Community Development Division City of Omaha Planning Department Cost Certification Form Project Name: RSVP Project Owner: Mike Royce Project Address: 5324 n 27 AV Certified amount: $45,865.00 The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans,specifications, &proposal. hi our opinion the project cost proposed is reasonable given the type of work that is to be completed. (See attached) Construction Specialist: 6-7,71,:::7 �— — Date: /t//h//a Development Section Manager: te: 11,7/rzv HOMEOWNER'S ACCEPTANCE FORM I have reviewed all of the bids submitted for the rehabilitation of my property located at : 1340 South 25 St. My contractor of choice is: R& R Construction Owner's Signature or —//- Personal Representative:'/( zeti Date: ni — ��-- cc: Cheryl File 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: Russell J. &Margaret Jones PROPERTY ADDRESS: 1340 South 25 St. DATE BUILT: 1914 PROGRAM: F 7.4P EST. REHAB COST(if applicable): $30,000.00 LEVEL OF ASSISTANCE(if applicable): $30,000.00 ASSESSED VALUE: $51,100.00 DESCRIPTION OF PROPOSED UNDERTAKING: New roof. Porch repair. New interior doors. New exterior doors. SUBMITTED BY: Bob Pickerel TURN-AROUND DATE: 10/12/12 1( Not a Historic Structure ❑ Historic Structure ❑ Exempt Activity Don Seten Date HCD Preservation Officer January 2011 C City of Omaha Planning Department Housing and Community Development Division Tier II CEST Statutory Checklist(2012-117) For Rehabilitation Programs Tier I CEST Statutory Checklist(2012-001) Project Name:None Project Address:1340 South 25th Street Project Activity: See the attached Section 106 Review form 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 • 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). An Environmental Conditions Form must be completed at the end of the project. Impact Categories Status r Source Documentation The EPA tested the target property for high lead concentrations in 2003. The soil was remediated in 2010. The site is currently part of the Omaha Lead Contamination and Toxic Superfund Site,but will be delisted. Substances A Radon testing is required,according to the City's radon policy,because the estimated project cost ($30,000) is more than half the property's assessed value ($51,100). Explosives and Flammable Based on a review of aerial photographs,it does not Operations A appear that any explosives or flammable operation are located at or near the target property. The target property is located in a residential neighborhood. According to FEMA Flood Insurance rate map Floodplain Management A 31055C0352H,accessed from the FEMAwebsite on 9- October-2012,the property is not located in a flood plain. The City's Historic Preservation Officer has determined the home is not historic. Historic Preservation A Attached Supporting Documentation Section 106 Review for 1340 South 25th Street, dated 18-October-2012. There are two road noise sources near the target property,Woolworth Avenue,to the south,and South 24th Street to the east There are no other noise sources. Distance from Target Site (feet) Woolworth Avenue= 72 South 24th Street= 370 Speed Limit(miles per hour) Woolworth Avenue= 25 South 24u Street= 35 Traffic Counts(vehicle trips per day) Woolworth Avenue= 10,600 South 24th Street= 2,200 Noise Control A Gradient(%) Woolworth Avenue=7 South 24th Street=3 No stop signs are located on any of the streets. According to the Metropolitan Area Planning Agency, about 2%of all road traffic is due to heavy trucks. They do not provide an estimate for medium trucks. This information was evaluated using HUD's ONL calculator. The result of the evaluation indicates the noise level at the target property is 68 decibels,which exceeds HUD's Acceptable noise level range. HUD regulations also require a projection for noise levels 10 years into the future. The MAPA Long Range Transportation Plan 2035 predicts population levels will increase by 30 percent over the next thirty years. From this it was assumed that the population will increase by 10%over the next 10 years. Traffic counts were increase by 10%to reflect this projection. Using the new traffic count data,the project site DNL level is 68 decibels,which is within the Acceptable noise level range. HUD regulations recommend some type of noise mitigation for his site since the noise level exceeds the Acceptable noise level of 65 decibels. Typically the existing construction materials are sufficient to dampen this extra 3 decibels. To evaluate this, Figure 19 from the Noise Guidebook was followed. The windows are 13%of the front's surface,and the doors are 3%. Approximately 31.1 decibels will be deadened by the existing construction materials,which is sufficient to reduce the interior noise level to 45 decibels,or less. Noise mitigation is not required for this project. Flood Disaster Protection The property is not located in a flood plain so flood Act A insurance is not required. Please see Floodplain Management,presented 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: 24 ''d" ( Date: /4—Or iaL v Jui�( Approved by: - a t i '*ye-/ Date: /of(9/f Z May 2009 r,.... �o.eeu •ocecr xxl.wvalxUGllOx 000-000-00000 _ - Page 1 I abed cr � �. 60cr IFL 70a d95 9U 2i02'67. ypx CERTIFICATE OF LIABILITY INSURANCE � � r E-- 3450 AGENCY INC ONLY MO B311m AS wlmF of a: . __ MO CERTIFICATE S NO REFITS UPON THE OEMs ]07 AMER sniffle aft � _91E BY THE Bg � ilt a®a�B A$POI�IBB COMMA iawa.a SAO> -Owners.Ludra`es CO- ISICBCOM1attaetibn _ . .6 BB108 _-.. - eNua —.— r-- - '- ._ 7i pores-- oragXNacEOaeesa0101aiYrB+a6UEU P)nE INABdaWaar•Tool co COsrtlOx OF aar COOWc.m o'�IRED ral"TH OFWM[ O re.ai TPERIM MICA IMGERraC.Pmw IavPOROa..aEWur&ucs aiOpal moo PansNOUN eUN IC SII=mlLL THE a1QOMa OFARAIe MAT II $or CH �aaas, LIRallat..ay aggjcgEaJ p�Oa41[CIm ALL THE caO0.04O1aAlaglgCOpga aoo reue a..0 L: MR I es�pa.a. ",''°I ' _....°' ' 1 100 w 0 I. airflow al 00euR i _ 39748415 I WO ^— , I01/07/12 . 01/07/13 .Baewawrru.r -j 0 p. �� s "' _Law Nwli �6LSi0 .aWlaals nature _ acme SU am In Na.NO Po damp ■ a9Yazo onus aae moot jeor a.fatlO.U.pE — ��----- Er — �°ifraa"r esAN1Y ONYci NyuA. eraera I AUTO In satire OIAaI sPilYfyllA_ M boa'IBeau .]Wawa — — NfOpa Aso1�, MI donate Ell .:. - . I ' — i - . ._ ----1.-------1.---_ —e gnaw a. Hu''!7'k?I�rs L 3BBsBIBO r/21/12 02/21/13 eua �•_100.0 00 NS A E =.alas mu., . or. I I aEUP.OI• o.seaOau. .wa...sNsnaPmmw . .roe:sTewaas Nil Clap O!' Omaha i .Yuo aaf Nl NON a _ Alit f i.msas ni Afps IBIS rasaaa 9k #131 r.u.v.uswuares�.as.- 0 kn, R al1B3 warm-` u,.s„s : 0 fA•areas .Ya7---I M i 'IIl A ff[faap.q fV♦l.rO M.aaaf>R AbRf •cif >az: 402-uana0 ThaMORD A.a ken oANraaaaansafAC p Al 1 ninon Housing and Community Development Division City of Omaha Planning Depatment Contractor Eligibility Form Project Name: . TAP/NAHTF Project Owner: Russell J. Jones&Margaret Jones Project Address: 1340 South 25 Ave. Contractor: R&R 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 • �2(16172 Construction Sp 'alist Date (/L Z, Development Sect' ager Date Excluded Parties List System Page 1 of 1 .-I y k p pr . ,, al bs' f I - pFl�uY7uN r. • Search-Current Exclusions I EPLS Search Resources Results >Advanced Search >Multiple Names Search Results for Parties >Advanced Search Tips >Exact Name and SSNTPIN Excluded by >Public Users Manual >MyEPLS Firm,Entity,or Vessel:R&R Construction >FAO >Recent Updates Modify Dates:NOV19,2012 to NOV 19,2012 >Acronyms >Browse All Records As of 19-Nov-2912 10:33 AM EST >Privacy Ad Provisions Save to MyEPLS >News View Cause and Treatment Code System for Award Management Descriptions >(SAM) Your search returned no results. >Reciprocal Codes Reports >Procurement Codes Back New Search Printer-Friendly >Nonprocurement Codes - >Advanced Reports >Recent Updates Agency&Acronym Information >Dashboard >Agency Contacts Archive Search-Past Exclusions >Agency Descriptions >State(Country Code Descriptions >Advanced Archive Search >Multiple Names OFFICIAL GOVERNMENT USE ONLY >Recent Updates >Browse All Records >Debar Maintenance >Administration Contact Information >Upload Login >For Help:Federal Service Desk https://www.epls.gov/epls/search.do 11/19/2012 Target Property Target Area Program • v gra' Mt- a in' ki 4 &rx ... u ',,,, -Ft.,]:. d, w t v co • 3 V R m .. V Legend 0 100 200 Feet O 1340 South 25th Street AI I44444 . Steers [ \..4 - ' ( \ } , . . / \ 2 © � \ \ «» ? ? r \ ° » « » } « \\ \ 2 » ? » / 4 k � { ? « w > ; \ I. : \ } : ! \ \\ \ \\ y } / \ . \ \r . . \ \2 w . \ : © © C . . \ � ' ° / \ \ § \ w, / \ - ,� I. \ . ««ƒ : { % ƒ\ /» • . . , , \ ;/ \ ` \ i - /e . ! ® \ f > , {. / « » < r e +A p I A! _ JJ m 1 • 11 rX all,. r� . .. d• 1 w±sfF ppvvpp.�,, E t "At.@I4 £ iu 'tat V r f sn 4 tti &AHA.NF AR sat, Department Vt� Omaha/Douglas Ovic Center {{ 1(U) j 1819 Farnam Street,Suite 1100 PV%T `'1017 Omaha,Nebraska 68183 '- +� (402)444-8150 u� hRi Telefax(402)444-6140 T<D MA". It.E.Cunningham,RA,F.SAME City a Omaha Director Jim some,Mayor October 11, 2012 Russell & Margaret.Jones Omaha,NE 68105 RE: 1340 South 25 St. Dear Mr. &Mrs. Jones: Pursuant to your application for the Target Area Program, a courtesy inspection of the above-referenced property was completed on October 8, 2012. 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) 302.7: Accessory Structures: Replace retaining wall in rear of lot. 2) 304.7: Roofs and Drainage: Install new roof. 3) 304.4: Structural Members: Replace front porch floor. INTERIOR Section 1) 305.3: Interior Surfaces: Repair and paint walls. 1) 504.1: Plumbing: Replace bathroom tub 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. Sin rely, obert F. Pickeral Construction Specialist C: Cheryl JAN 24,2011 12:50A RRCONSTROrN 000-000-00000 page 2 . . .,.,.,, - nu. 1)14 r. [ UNITED STATES CITIZENSHIP ATTESTATION FORM FOR PUBLIC BENEFIT For purposes of complying with Neb, Rev.Stat. §§ 4-105 through 4-114, 1 attest as follows: 1 am a citizen of the United States. OR ❑ I am a qualified alien under the Federal immigration and Nationality Act. My immigration status and alien number as follows: and I agree rovide a 'copy of my USCIS (United States Citizenship and rmmmigration to Sc vices) • documentation upon request. I hereby attest that my response and the information provided on this form and any related application for public benefits arc true, complete and accurate and I understand that this information may be used to verify my lawful presence in the United States. r,d • • • PRINT NAME: Stephen Rat!" By: • • SIGNATURE: DATE; 1 - d 4 - I I • Crenred and apprawd IWM/r00➢ JAN 24,2011 11:15A page 2 LEAD SAFE HOUSING RULE-APPLICABILITY FORM Address/location of property: 1340 South 25 St. Activity: remodel Regulation Eligibility Statements (check all that apply): _X_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 attest that the information above is true and accurate to the best of my knowIS Construction Specialist Date Developm- - u I •anager Date 5A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY 'I'llE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant (CDBG) funds under Title I of the (lousing 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 Mayor recommended various projects in the 2013 Consolidated Submission for Community Planning and Development Programs(Cnsolidated Plan);and, WHEREAS, the City Council approved the 2013 Consolidated Plan on February 5, 2013 by Resolution No. 26, which included the Nebraska Affordable Housing Trust Fund (NAHTF) and Community Development Block Grant(CDBG)Program;and, WHEREAS,this property is located Outside NRSA Columbus Park Program;and, WHEREAS, the best hid was received in an amount of$45,865.00 from R&R Construction, to perform rehabilitation work and lard reduction work when applicable, at the property owned and occupied by Margaret Jones,and located at 1340 South 25''Street;and, WHEREAS,the total project cosi is$45,865.00; 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$45,865.00 for the rehabilitation and lead reduction work, when applicable, to the property owned and occupied by Margaret Jones, located at 1340 South 256 Street, is hereby approved. The contract is to be awarded to R&R Construction. Funds in the amount of S20,000.00 shall be paid from the NAIITF Program Fund, NAIITF Award No. I1-TFHO-7057, Fund No. 12141, Org. No. 128101, and S25,865.00 from the CDBG Outside NRSA Target Area Rehabilitation Fund No. 12186,Organization No. 128072. APPROV AS TO FORM: CI ATTO NY UNIT. ,/ 1808 csw By j Co lmcmber Adopted FE 2 6 20.13 *0 � . Ci Clerk 2/ai'3 Approved s Mayor NO. 0?74,519 Resolution by Res. that the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $45,865.00 for the rehabilitation and lead reduction work, when applicable, to the property owned and occupied by Margaret Jones, located at 1340 South 25'11 Street. is hereby approved. The contract is to be awarded to R&R Construction. Funds in the amount of $20,000.00 shall be paid from the NAHTF Program Fund, NAIifF Award No. 1I- TF1O-7057, Fund No. 12141, Org_ No. 128101, and S25,865.00 from the CDBG Outside NRSA Target Area Rehabilitation Fund No. 12186,Organization No. 128072. 1808 csw J/j Presented to City Council FEB 2 6 2013 Adopttee�d O.�usfer grown City Clerk • BID OPENING;November 7. 2012 1. Address: 908 South 25ih Avenue 2. Address: 1340 South 256 Street 3.Address: 3503 Corby Street Estimate: $41,796.00 Estimate: $42,642.00 Estimate: $33,005.00 Area: NAHTE - Area:NAHTF Area: TAP Bids Received:Competitive Bids Received:Competitive Bids Received:Competitive Inspector.Bob Pickerel Inspector:Bob Pickerel Inspector:Fun Ianovich f1' Crnit-g m t 4Lf4,9 0 i$e (Hoare 449,9t10 PtQ (\"am. 1,4)(1L12) • gokg .vnskpuc_viir., 'I6s,75i. oD btg cw oiAd-inn 44010 60 VI, filiisb, '` f2Vitiln• Gb ol-i rtSditci ,Z2O.ro '5 Ilc�axn 4 c11,24O.60 Ctrs (" 4-, 4. Address: 5.Address: 6. Address: Estimate: Estimate: Estimate: Area: Area: Area: Bids Received: Bids Received: Bids Received: Inspector: Inspector: Inspector: Distribution: Bob Pickerel Narita Man Edward Dantzler Patty Novacek Jim Janovich Christina Williamson