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RES 2012-1360 - Agmt for rehabilitation and lead reduction work to 2402 N 33rd Ave Cam`_ • dirt?oe 7 t? Planning Department .. 1 t„t, r s Omaha/Douglas Civic Center Ci—tel , 1819 Farnam Street,Suite 1100 Omaha,N•� h (y ebraska 68183 p, o ;ate- l� OCT fk� E �u (402)444-5150 ?A0 ry 04, 4 Telefax(402)444-6140 4reo FESR�°' I R.E. Cunningham,RA,F.SAME City of Omaha 17 Director Jim Suttle,Mayor October 16, 2012 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 Mary J.Harding and Cecilia A. Harding, and located at 2402 North 33'd Avenue, with funding from the Community Development Block Grant(CDBG). The contractor is Goly Young Construction. This project was competitively bid with the best bid received at$29,600.00 and is within the Planning Department's Financing Guidelines for the North Neighborhood Revitalization Strategy Area (NRSA) CDBG Target Area Rehabilitation Funds. The Planning Department believes 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 funding is comprised of a $29,600.00 grant from the CDBG Program for a total project of$29,600.00. Funds in the amount of$29,600.00 shall be paid from the CDBG North NRSA Tatget Area Rehabilitation Fund No. 12186,Organization No. 129114. The rehabilitation of this single-family home meets the requirements of the CDBG Program, the City's Underwriting Guidelines and is consistent with the FY 2012. Consolidated Submission for Community Planning and Development Program approved by the City Council on November 8,2011 by Resolution No. 1234. 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 ofthis Resolution is requested. Sincerely, Referred t City Council for Consideration: • _ !PA PO12. 9,Z7 ,/2-- •. . Cunningham, P - Date Mayor's 0 fice Date Planning Director , 'Approved as to Funding: Approved: • /&6/i Pam Spaccarotella t1,11 t-1 Date Human Rights and Relations Director Date Finance Director 1733 dlh G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F J 3 • 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, Mary J.Harding and Cecilia A.Harding hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 2402 North 33`d Avenue, Omaha,Nebraska 68111 and legally described as follows,to wit: Lot 33,Yale Place,an Addition to the City of Omaha,as surveyed,platted and recorded in Douglas County,Nebraska(commonly known as 2402 North 33"Avenue) (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, -1- EOUAL HOUSING OPPORTUNITY Revised and approved 7/16/2010 OPPO am, the City's Underwriting Guidelines and is consistent with the FY 2012. Consolidated Submission for Community Planning and Development Program approved by the City Council on November 8,2011 by Resolution No. 1234. 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 ofthis Resolution is requested. Sincerely, Referred t City Council for Consideration: • _ !PA PO12. 9,Z7 ,/2-- •. . Cunningham, P - Date Mayor's 0 fice Date Planning Director , 'Approved as to Funding: Approved: • /&6/i Pam Spaccarotella t1,11 t-1 Date Human Rights and Relations Director Date Finance Director 1733 dlh G O N(j) ,i N E E I- C C NV 44 W c4 E o : 0 1 d -min Fa- 0 Q 0 ci 1 H tl V W Q v W C W p E c[ c C Zet V O N N et o Nin Q V C.,) C) V o u.o Z, N N Cl)in pZ �_ EwN a a a a 0 0ci) .0 O 4+ z toQ Q' o N at c!J ;P m J ,3 N E I— = 1° ca 0, m Iv = r+ EnFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F WHEREAS, the OWNER(S) desire to use a portion of such funds for the purpose of controlling lead- based paint hazards in the PROPERTY; and, WHEREAS, the parties wish to agree upon the terms and conditions that the OWNER(S) must abide to having accepted a grant of such funds for lead-based paint hazard control. 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: a. "Construction. Contract" shall mean the contract for certain construction work at the property as follows: Contractor: Goly Young Construction Date Contractor Signed: August 23,2012 LHC File No.: HCD File No: 20137-2012 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. 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 lead-based paint hazard control work is being performed. f. "Housing Ordinances" shall mean any health, safety or minimum dwelling standard ordinance applicable to the premises. g. "Premises"shall mean the property dwelling and structures thereon. h "Lead-based Paint Hazard Control Work" shall mean the Lead-based paint hazard control work agreed upon in the construction contract. i. "HUD" shall mean the U. S.Department of Housing and Urban Development. Section 2. The CITY agrees to grant the OWNER(S)the sum of Twenty Nine Thousand Six Hundred Dollars and no/cents ($29,600.00) 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 to the Contractor when the City issues a certificate of completion pursuant to the construction contract and the City certifies that lead dust wipe samples have met clearance standards in accordance with HUD regulations; and b. the construction contract 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: Lead-based Paint Hazard Control Funds $ State of Nebraska NDEQ Funds $ State of Nebraska Affordable Housing Trust Funds( ) $ Community Development Block Grant Funds $29,600.00 Other Funds $ Total amount $29,600.00 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 lead-based paint hazard control work if applicable; and, -2- Revised and approved 7/22/2011 nFQ- 000 c~i) ., 1 1- VI 0Qov) a " i ance should be directed to the Human Rights&Relations Department at(402)444- 5055. (PLEASE PRINT LEGIBLY OR TYPE) Payment Terms_a2%� Firm tf repr Rawer X)t l;�Porat=. . A J / Delivery(or completion) Name: * �1 w Signature: •/ _calendar days following Title:lj tee MSS Phhone a irr -t', ,, Fax:1i, r v4 award Address: 6: 36 epooVa c17- ik ME_ _1g11646 Street/P.O.Box City State Zip Email Address: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 the dwelling; and e. arrange for blood lead level testing before construction for all children under age six residing in or spending at least 12 hours per week at the premises; and, f. participate in one-on-one training on lead safe maintenance practices provided by the Planning Department or other approved training; and, 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 state 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 lead-based paint hazard control 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, d. 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 5(a), (e) or (f) 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 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. -3- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 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. • (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) -4- Revised and approved 7/22/2011 he 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. -3- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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. -76Weot1-9, CaajA- A. 0-e/v,,,/,,,t 9/2(462. Ma y1 arding / Date Cecilia A.Harding Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) _ On this a�day of5i , 20/v A.D., before me, /t p r I f 74j/-- " a NotaryPublic in and for said County, personallycame MaryJ.H & Cecilia arding A. Harding, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and they acknowledged the said instrument and the execution thereof to be their 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. Notary Public My Commission expires 20 "�k•°%�= NORITA A MATT •'�E=`= MY COMMISSION EXPIRES tNOT"pY7 " kOV July 22,2014 ATTEST CITY OF OMAHA, A Municipal Corporation Z iii /i///lam t i 12-- City Clerk of the City of Omaha Date /:, or of - City of Omaha Date APPROVED AS TO FORM: CAE c .Rf-Ki- 9 X Assi tant 'i tY Attorney I Date -5- Revised and approved 7/22/2011 FT BLANK) -4- Revised and approved 7/22/2011 he 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. -3- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F REHABILITATION CONTRACT Loan Number:300 7 &W c This Contract is between Mary J. Harding& Cecilia A. Harding (Owner's Name) of 2402 North 33rd Street , Omaha,Nebraska (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 (Contractor's Address) (City and State) a Sole Proprietorship (referred to herein as the "Contractor") warrantingitself 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 2402 North 33rd Avenue , Omaha, Nebraska (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 8/4/2011 - 1 - sed. 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. Notary Public My Commission expires 20 "�k•°%�= NORITA A MATT •'�E=`= MY COMMISSION EXPIRES tNOT"pY7 " kOV July 22,2014 ATTEST CITY OF OMAHA, A Municipal Corporation Z iii /i///lam t i 12-- City Clerk of the City of Omaha Date /:, or of - City of Omaha Date APPROVED AS TO FORM: CAE c .Rf-Ki- 9 X Assi tant 'i tY Attorney I Date -5- Revised and approved 7/22/2011 FT BLANK) -4- Revised and approved 7/22/2011 he 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. -3- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 ppro ed copy of the Contract is not delivered to the Contractor on or before, J/ r-7) , 2012, (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 May 23, 2012); 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$29,.600.00. 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 Revised and approved 8/4/2011 -2- 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. -3- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 8/4/2011 -4- equent 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 1 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. G4,- A ( 6 (z9 (ia Owner: ary J. Harding Date Owner: Cecilia A. Harding ate Owner:. Date Owner: Date Owner: Date Owner: Date 1 ess Date Goly Young Construction Contractor G•�� o g Date TITLE: Owner OVA Ki7) TV Wit Approved b the City on , 20 BY: - Yv ame: James R. Thele TITLE: Assistant Planning Director Mailed to CONTRACTOR , and Effective on , 20 Revised and approved 8/4/2011 -5 - 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 8/4/2011 -4- equent 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F PART II STANDARD TERMS 1. INSURANCE: During the continuance of the work under this Contract, the Contractor and all subcontractors (as applicable) shall: A. Maintain, at a minimum, the applicable following classes of coverage which will provide, at a minimum, the following amount of coverage: (1) No bid bond or performance bond will be required for a Rehabilitation Contract in an amount less than the Federal Government's small purchase threshold under OMB Circular A-110, currently at $100,000. On a case- by-case basis the Director of the Planning Department can require a bond if it is in the best interest of the Federal Government and the City of Omaha. The contractor must be on the Planning Department approved contractors list. - (2) Contractor's Personal Liability $1,000,000 (3) Combined Bodily Injury and Property Damage $2,000,000 (1,000,000 per occurrence) (4) Product, Including Completed Operations $1,000,000 (5) Workers' Compensation These coverages are required to protect the Contractor and the Owner from any liability or damage from injury to, or death of, any of their employees, other persons, or property wherever located, resulting from any action or operation under this Contract, or in connection with the work including liability or damage which may arise by virtue of any statute or law in force or which may hereinafter be enacted. The Contractor agrees to provide evidence to the Owner through the City of such insurance prior to the commencement of the work. Failure to provide adequate evidence of insurance, or failure to maintain the insurance as required by this paragraph, shall be grounds for terminating this Contract at the option of the Owner. The City of Omaha shall be named insured on all comprehensive liability insurance policies. 2. CONTRACT COMPLIANCE CLAUSE: Sec. 10-192. Equal employment opportunity clause. All contracts hereafter entered into by the City shall incorporate an equal employment opportunity clause, which shall read as follows: During the performance of this contract, the Contractor agrees as follows: Revised and approved 8/4/2011 -6- gration 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 8/4/2011 -4- equent 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F A The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, 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, 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, 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 8/4/2011 -7- er(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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 8/4/2011 -8- ended 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 8/4/2011 -9- 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 8/4/2011 -8- ended 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 8/4/2011 - 10- Revised and approved 8/4/2011 -8- ended 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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. 1701u. 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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F } u subcontractor has first provided him/her with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition of the Federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his/her contractors and subcontractors, all successors, and assigns to those sanctions specified by the grant and/or loan agreement or contract through with Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 15. MISCELLANEOUS PROVISIONS: The Contractor and Owner agree as follows: A. That the Owner shall permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. B. The parties agree that the reference to "days" in this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 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 8/4/2011 - 13 - rence to "days" in this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • • • • -o L 4 0 H 0 rQ . La F4 W >vi •, W W W r.� w � Cav, QQ (- q � Q W Q Cq 4 Q W W o > o [..9 ,...v\-----4. . • E i 41 .. Q 0 • ! -.1--.) , .r.2: 8,_..p „NI . � E--� j • b nk . z Qq C� H .a .n Q W 4 ¢ r U o 0 r] v, a a W Q v) a a. cV C:q 4 { � • v'i 0] . 0 p o '3 c7 () 0 N O M J O 6 Q N t'VV\�� (\y��� \I �(�� . N o `f\ ty N v z � Q . .; • N O 0 O E. 0' N sNq Y N �\ ") HI • V) Q E vi H Q w > w Q Qw . Kil `! \, all mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment Revised and approved 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F . i • , I 11;�t:nir _' Departi,tent L. (l...t, ° (h::.ai.t I)nul;las cm,:t,:!rct : • . ' 181 r%I.n n.lm Strut,Suiti_ ,;'lt) • <=�'�s (I't�).1 1 1 51 -i-..--�' '1'i 1...1a le) I.-1.61-r) • I:. l . Culinint;linl; , '?A, I.SARI I'. • City(lt Ou'a;i.l I)irr'cti • Jim Slit tie,1'.1.i" July 30,2012 . . . • Cheryl Westnl' GWA LLC 2505 Noitii 24'i' Street- Suite 211-A • Omaha,NE 68110 ts. Re: CEASE AND DESIST LETTER. NOTICE OF INTENT TO REMOVE FROM CITY OF OMAHA'S HOUSING & j COMMUNTI'Y DEVELOPMENT'S (HCD)AK'PROVED BIDDER'S LIST • Ms. Weston: . . • . . t i . GWA, LLC is to cease and desist from any construction activity under written contract • for any rehabilitation project funded through the City of Omaha. Please contact Edward Dantzler.in the Planning Department at 402.444,5330 immediately to discuss project completion. Please :.ko allow this cares)oudent., , serve as written notice of(WA's removal from the City's list t;til'ed 01) the City Finance 1',:.::'..-'` : receipt of the Notice of Levy issued by the Department of the Treasury, Internal Revenue Ser,., dated July 10-, 2012. GWA has seven (7) . calendar days to correct the deficiency. . The Approved Bidder/Contractor's List, Item No. 11 - disqualifies au approved bidder/contractor due to the "failure • to.pay cmplo;,,:s,sub-eon Tacturs and/o: .::.t)pliers." You may appeal the removal from the bidder's list within ten (10) calendar,days. 'The tapptal must be in writing and state the nature ,of the appeal .and show ll n e Ithat Jhe edeficieney has bven=rrected. • • Resei t *y, I • • • 1. �?,l;a�tn'es Thel.e idissistan1tPlannir hector • / RRI-I:JT:vi f/J 1 i epresentative, 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • n,Z,e�� Planning Department op ' Omaha/Douglas CiViC Center -4, g gTarget Area Program 1819 Farnam Street,Suite 1100 Omaha,Nebraska 68183 o•." ram:, . rd (402)444-5150 2402 North 33 Ave Telefax(402)444-6140 ZD Mary J.-&-Cecilia Harding - RA;F.SAME — — City of Omaha Jim Suttle,Mayor 319-5982 Director • 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 Ccntractor 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 ail 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, kni.ck-knacks, valuables, etc out of the work areas. • Provide a clean, uncluttered dwelling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • 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 and replace all rotted or broken window trim, fascia, and front overhang trim. 2- Scrape, prepare, prime all previously painted surfaces of the exterior of the house and overhangs, to include the, trim, soffits, porch, walls, and ceilings. All work must be done using Lead Safe work practices. 3- Wrap all fascia in metal. Install metal soffits around entire house. Frame as necessary to install soffits. Vent soffits. 4- Metal wrap all exterior wood, including trims overhangs, etc. Caulk windows. Interior 1- Scrape and paint two coats approved paint on all interior window sills. Caulk as needed. Replace kitchen sill before painting. 2- Scrape and paint all basement windows. Wrap metal on all exterior exposed wood. Caulk as needed. 3- Remove the doors and frames of two (2) exterior doors. Replace with new six panel metal doors. 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. Paint doors homeowner's choice of colors. 4- Clean all horizontal surfaces using a Hepa-Vac to achieve clearance. 5- Remove bathroom door, frame, and trim and replace with new to match other interior doors. Install new hardware, including door bump. Paint all new work as well as any other disturbed areas due to replacement. 6- Paint all ceilings in house. Cover stains with stain blocker before painting. Repair any soft areas before painting. Non Lead Work Exterior 1- New Sidewalk a- Remove and dispose of all necessary concrete, rock and debris from front sidewalk location. b- Install a new 4"house sidewalk to match existing. c- Work to include all dirt work and any fill or cut costs. d- Backfill up to walks. e- Seed and straw all new fill. coverings. • Remove and store away pictures, lamps, kni.ck-knacks, valuables, etc out of the work areas. • Provide a clean, uncluttered dwelling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F 2- New Roof a- Remove all gutter, shingles and roofing down to the base sheathing. b- Install Weather Watch water and ice barrier by GAF or approved equal. c- Install new 15#felt and 25 year shingles. (owner to select color) _ _ d- Install all necessary flashing and vents to include style D and gutter apron. e- Remove existing gutter system. f- Install new gutter system. To be seamless 5 inch aluminum, with downspouts 4x3. 3- Retaining Wall a- Remove existing block retaining wall in rear of house and haul away. b- Install new Versa-lock or equal retaining wall per manufacturer's requirement on both the front and sides of lot. All walls to have glued top caps c- Install a minimum of 8" of gravel behind all walls to within 6" of surface. d- Install topsoil to the top of retaining walls. Seed and straw all disturbed areas. 4- Front Stoop and Step a- Remove existing stoop cap and step. b- , Dig footings per code for new concrete steps. Eight inch(8") diameter piers forty-two inches deep will be acceptable in lieu of standard footing. c- Pour step per code, and finish. d- Install metal railing around stoop and handrail for steps, to be finish painted. e- Install topsoil around stoop and step as needed. Seed and straw all disturbed areas. 5- Rear Stoop and Steps a- Remove existing s g stoop cap, railing, and steps. b- Digfootingsper code for new o e concrete steps. Twelve inch(12") diameter g P piers, forty-two inches deep will be acceptable in lieu of standard footings. c- Pour steps per code, and finish. d- Install metal railing around stoop and handrail for steps, to be finish painted. e- Tuck point stoop and stair wall as needed. f- Install topsoil around stoop and steps as needed. Seed and straw all disturbed areas. 6- Driveway a- Remove existing driveway. b- Haul away dirt/debris from any soft areas in existing driveway. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F , 7- Misc. a- Trim back tree limbs over house. b- Repair fencing as needed. This includes any bent top rail, any loose fabric, any bent posts, etc. Cut any wood stumps and such from fabric. c- Install dirt around house to allow for a positive flow away from house. Seed and straw all new soil. d- Caulk around rear and side exterior faucets. e- Replace existing front and rear storm door handles with new lockable handles. Color should match existing doors. Interior a- Caulk at the vanity top, where it meets the wall. Remove all existing first. b- Replace the existing kitchen countertop and backsplash with new laminated top and backsplash. Homeowner to choose color; top style is to match existing, including backsplash. All metal edgings to be included. c- Replace kitchen and bathroom floor with new sheet vinyl flooring. Remove existing 1 x 1 tiles as well as subflooring. Install new'/4" flooring before installing vinyl. Install new and paint shoe molding in kitchen. Caulk bathroom vinyl where it meets the ceramic tile. Electrical a- Install new light in kitchen. Allowance to be $100.00. b- Install smoke detectors throughout the house as per code. c- Install a carbon monoxide/smoke detector in the basement as per code. d- Install GFI in kitchen per code. e- Install new outlet covers in rear bedroom. f- Replace front porch light. Install new rear porch light as well as GFI outlets in front and rear. Allowance for lights to be $60.00. g- Repair outlet not working in basement, by existing furnace. Plumbing a- Repair leak below bathroom tub, probably at the p trap. 0 b- Install a floor drain in the basement. Currently a floor drain will be below the sewer to the street. Re-route drain for furnace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F i , —CO ./..:4,1/0/Lirt, Property Owne Plate 0246;,.. 2c1 Property Owner Date A� _ Q. CDcr V��\ fp n = �� `.0 CD ° Q.' '� N O AD ,0CD 'may �' " CD £•Z, CDO0. CD 0. CD cra O R 0. cm ad NJ n 0 CD , 0 'C A� P ° cci, n CD ,t+ N cL �C ta. g O O O" O R * O O CCDD ,+ O p .r. • 4 `<nO z O O n CD O q �. 5- r . V 3 • ••• .•L , ,,,,c. • : f. ; ,. ,• .. ,,..„ •• . • V' . City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area ® Exterior Project ❑ Special Needs ❑ Barrier Removal Redevelopment Area: Address: 2402 North 33`d Ave. Owner(s): Mary J. Harding & Cecilia A. Harding The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 5/23/2012 General Construction Cost $ 16,378.00 Electrical Cost $ 1,220.00 Plumbing Cost $ 2,190.00 HVAC $ _ Overhead/Profit/NE. Contractor Tax(15%) $ 2,967.00 Lead Liability Fee Total Construction Cost Estimate $ 22,755.00 The source for the estimate data is the current addition of Repair & Remodeling Cost Data by R. S. Means, recent competitive bid pricing for simila r work and product and material research. The Rehabilitation Division has reviewed the project cost estim ate,) 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 vary. Signed, Construction Specialist / Date. 4 ?v/g . Initial Inspection Date: _5/21/12 Work Write-tap Date: 5/23/12 Approved, Development Section Mgr. %%� xL �-` '/ ell 9 ! / Date 3 - C: Cheryl File -' •- r Rev. 8/29/08 $60.00. g- Repair outlet not working in basement, by existing furnace. Plumbing a- Repair leak below bathroom tub, probably at the p trap. 0 b- Install a floor drain in the basement. Currently a floor drain will be below the sewer to the street. Re-route drain for furnace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • • 4 0 H . a) > m Waj qqQ � Q � qQq ¢ H q - tn. , N z F-' . =d a. Ll C4 Ll =7 ✓ • Nc2 N ro vQ O is:%� FWw w w' o. o 0�� ¢ w wc U Q ¢ Q a qw „ vi. ri a) o U t`� • O . ti _.._ _ __. _ _z .._ .____ .___ cii F- ca.UO _ _______ ti_ _. .�_ _ _� ¢ w Vi - F Hw o NUF. ,W `f h- I • City of Omaha, Housing and 'Community Development Division BID EVALUATION FORM Project Owner : _ Mary J Harding & CeciliaA_Har_ding__ Project Address: 2402 North 33 Ave. Target Area Project X Exterior Project Special Needs NAHTF Funding Source: Block Grant X Home Other Contractor Planning Dept. Comments General Conditions: Site Work: $2,100.00 $2,818.00 Concrete: $9,500.00 $3,610.00 Masonry: Metals: $2,500.00 Woods and Plastics: $1,158.00 Thermal & Moisture Prot.: $6,000.00 $6,203.00 Finishes: $2,329.00 Doors & Windows $2,500.00 $260.00 Specialties: Equipment: Furnishings: Special Constr.: Plumbing: $3,500.00 $2,190.00 HVAC: Electrical: $2,500.00 $1,220.00 Lead. Overhead & Profit: $1,000.00 $2,967.00 TOTAL: $29,600.00 $22,755.00 The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable. Construction Specialist: Date: g/ J/2 Development Section Manager: Date: 2( J 2- 6-7-00 { ialist / Date. 4 ?v/g . Initial Inspection Date: _5/21/12 Work Write-tap Date: 5/23/12 Approved, Development Section Mgr. %%� xL �-` '/ ell 9 ! / Date 3 - C: Cheryl File -' •- r Rev. 8/29/08 $60.00. g- Repair outlet not working in basement, by existing furnace. Plumbing a- Repair leak below bathroom tub, probably at the p trap. 0 b- Install a floor drain in the basement. Currently a floor drain will be below the sewer to the street. Re-route drain for furnace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Housing and Community Development Division City of Omaha Planning Department Cost Certification Form • Project Name: TAP Project Owner: Mary J & Cecilia A Harding Project Address: 2402 North 33 Ave • Certified amount: $29,600.00 The Rehabilitation Division has reviewed the project cost estimate, work write-up or . plans, specifications, &proposal. In our opinion the project cost proposed is reasonable given the type of work that is to be completed. (See attached) Construction Specialist: Date: 6/2 446/02-0/4.2.__ Development Section Manager: �. Date: br2-//Z. _ _z .._ .____ .___ cii F- ca.UO _ _______ ti_ _. .�_ _ _� ¢ w Vi - F Hw o NUF. ,W `f h- I HOMEOWNER'S ACCEPTANCE, FORM I have reviewed all of the bids submitted for the rehabilitation of my property located at : 2402 North 33 Ave. My contractor of choice is: Goly Young Owner's Signature or Personal Representative: 2-Q/2 Date: 4(/ ZD 2-0 11. i I cc: Cheryl File tions, &proposal. In our opinion the project cost proposed is reasonable given the type of work that is to be completed. (See attached) Construction Specialist: Date: 6/2 446/02-0/4.2.__ Development Section Manager: �. Date: br2-//Z. _ _z .._ .____ .___ cii F- ca.UO _ _______ ti_ _. .�_ _ _� ¢ w Vi - F Hw o NUF. ,W `f h- I City of Omaha Planning Department Housing and Community Development Division Tier II CEST Statutory Checklist (2012-029) --- ---------- For - -- -- - - - - -- . ._ Rehabilitation Programs Tier I CEST Statutory Checklist (2012-001) Project Name: None Project Address: 2402 North 33rd Avenue 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 there are no compliance issues associated with this project and the project may proceed without further consultation. A B in the Status box indicates there 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 Source Documentation AorB The target property is located in the Omaha Lead Superfund Site. According to www.OmahaLEAD.orq, Contamination and Toxic the soil was tested for high lead concentrations in Substances A 2004. Clean up was not required. Radon testing will be conducted, and a radon mitigation system will be installed if needed. Based on a review of aerial photographs, it does not Explosives and Flammable appear that any explosives or flammable operation Operations A are located at or near the target property. The target property is located in a residential e drain for furnace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F neighborhood. According to FEMA Flood Insurance rate map Floodplain Management A 19155C0400E and 31055CO239H, accessed from the --FE-MA-website-are 30=May-201-2-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 2402 North 33rd Street, 30- May-2012 There are two road noise sources near the target property, Lake Street and North 33rd Street. There are no other noise sources. Distance from Target Site Lake Street = 370 feet to the north North 33rd Street = 304 feet to the east Speed Limit (miles per hour) Lake Street = 25 North 33rd Street = 30 Traffic Counts (vehicle trips per day) Lake Street = 6,500 North 33rd Street = 2,600 Noise Control A Gradient Lake Street = 2 North 33rd Street = 5 There are stop signs at the intersection of North 33rd Street and Lake Street, which is about 355 feet from the target property. 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 DNL calculator. The result of the evaluation indicates the noise level at the target property is 58 decibels, which falls into HUD's Acceptable noise level range. any explosives or flammable operation Operations A are located at or near the target property. The target property is located in a residential e drain for furnace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F HUD regulations also require a projection for noise levels 10 years into the future. The MAPA Long Range Transportation Plan 2035 predicts population __ . . __ " -_ " "- —" ""-- - --- -levelswill 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 58 decibels. Noise mitigation is not required for this .ro'ect. Flood Disaster Protection The property is not located in a flood plain so flood Act A insurance is•not required. Please see Floodplain Mana'ement, 'resented 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 HUDp d prior to the or non-HUD funds, as required by §58.22(a) and (c), commitment of. This review shall be retained as a component of the City's Environmental Review Reco rd (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: ," ' °' Date:��-rile�,,,,,, -�6/-3 Approved by: re- TZ,-5- Date: 57 31 / / L .0/ i May 2009 1 1 1 vel range. any explosives or flammable operation Operations A are located at or near the target property. The target property is located in a residential e drain for furnace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • • Target Property Target Area Program __ � —_X--_. _ _ .•ems ♦'" "�.�. •• ' .k:. I a • • -4.- 7 i ' ._.:,. ,_ . ._._4 .. _it. - - - .,,,,.... , ..:.•... . s 4...,... • . , . , _ i• ?r a t _a l t' f f._.ti 5 t'" • .y . - rto fi $ ,_ - �'"' -'.ir - '-.. .1) „ • ,. _.:.-4 • .: elimit' : •. c;.,,- A.=-1tsi . '4.1,. 14.w: I ...,.„:„... ,_,• :,.... 4, ..,,, , „,,„ • . ,.,.-. h.., ,‘,. ., , , • i ,�' t4v X I, r tee. 1 4 .5 t V, L le 4 :xt ,. .icy.:« J 1�SL:i R ..�'..,9Gr j t 7 J,�`-7 i ,k`iy . - j. -:,i ,. .:t, ,..,....v.f-i,. ,,,,,,,4--.:-42. ‘-•-' . i---.* # e,.�,„ .p ra, '.' i.., ' I 141 1 • ,NI N 5 , fit • .•(L }` M {C _ :iIk".,:t': N5 AArr $ 1T • ,J • tE '�r � •� ea :. ` �` N LegendA 0 100 200 Feet • _ 2402 North 33rd Avenue • ....... � Streets explosives or flammable operation Operations A are located at or near the target property. The target property is located in a residential e drain for furnace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • 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-Plenning-Department — _-_._ . — --- PROPERTY OWNER: Mary J. Harding & Cecilia A. Harding PROPERTY ADDRESS: 2402 North 33`I Ave. DATE.BUILT: 1920 PROGRAM: Target Area EST. REHAB COST (if applicable): $22,755.00 LEVEL OF ASSISTANCE (if applicable): $22,755.00 ASSESSED VALUE: $36,500.00 DESCRIPTION OF PROPOSED UNDERTAKING: Replace driveway in rear. Replace roof. Replace sidewalk. Paint all interior ceilings. SUBMITTED BY: Bob Pickeral TURN-AROUND DATE: 5/31/12 c Not a Historic Structure ❑ Historic Structure • ❑ Exempt Activity Don Seten Date HCD Preservation Officer • January 2011 `f h- I )uglas County Account Information http://douglasne.mapping---line.com/DouglasCoNe/static/accountinfo... i Si9. SiI i I,�Lanu C.) ,, vr Miami St PAI atm Si I �0C 2 ca I Z Ohio St S ---- z-- Ohio t 011ie-St- - -f i _.1 ca Z u} �. Sh5L;i1 W i G� z' IAt Sr,rnth Day c.' 1 ake Si • o;n:r•r to iir nT1 Cr,f::. n F i7,v rJ�rdi I Lake St 14' E�nnx St Lekee tre St Omaha. Willra kvr z Dia^,5 I.(1t i * sale, rsklne�t -1.:1)ilcrivt-11 III Erss�ine Si Yale Par • i I Z S� Giant St a • I 5 ;, • 31,rdelte t m I 17 Z. . Burn!te st • w �, w f ' - _ - 0 z• Patrick Ave a b 7 rI 1 1 11 _. 5 ., . Patrick�Zve • a S. cgi cn L�r ay,A:r• f'' • 6d ondo St Cemetery • Blondo St a The above map is powered by Goog�e, and is intended to provide a general idea of a properrty'stlocation, Ia©2012 f you require a more exact property location, you may use the I f • i our office. Interactive GISMa ps that are maintained by r . • • • nace unit to new floor drain. c- Replace existing toilet. Install new shut-off. d- Remove existing kitchen sink and replace with new stainless steel sink and faucet. Allowance for faucet to be $150.00. Install new shut-offs and make sure all rough- ins work correctly. Install and compact any new soil. c- Pour new apron per code, with a minimum of 6"thick of concrete, and 4" at the driveway. Install expansion joint at house and at retaining walls. d- Caulk any gaps at retaining walls as well as any cut concrete joints. e- Install topsoil around driveway as needed. Seed and straw all disturbed areas. elling to work in. 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 8/4/2011 - 12- 1 e/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 8/4/2011 - 11 - 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 8/4/2011 -3 - 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- Revised and approved 7/22/2011 ddress: /di gg ete Cr.. e.7 ,e4er, ate of Nebraska,with or without cause and/or consent upon 30 days written notice. BREACH OF CONTRACT: If the Contractor breaches this Contract,the State of Nebraska may, at its discretion,terminate the Contract - immediately upon written notice to the Contractor. The State of Nebraska shall pay the Contractor only for 1 Q U a - ° a i b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F �� --•-••--•- _.........�.. .........w.......� N rvtn , r.VV 1 I VW I liI Rom® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 8/27/2012 I 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(5), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT s Mason (West Omaha) All American Insurance, West Omaha (sic No Ertl (402)895-6474 FAX (A/C.Not: (402)895-5667 4951 South 155th Street E-MAIL ADDRESS su®m@allamaricanins.com INSURERS)AFFORDING COVERAGE NAIC n Omaha NE 68137 INSURER A:IOwa Mutual Group INSURED , INSURER B: Goly Young Construction INSURER C: Attn: Goly Young INSURERD: 5333 N 45 St INSURER E: Omaha NE 68104 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1282717718 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUlik LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DONEYYY) IMM/DD/YYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED � _EREM)SES(Ea occurrence) $ 50,000 A I CLAIMS-MADE I x1 OCCUR A020494rsI 8/26/2012 9/26/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Housing and Conununity Development Division • • City of Omaha Planning Department Contractor Eligibility Form Project Name: Target Area Project Owner: Mary J & Cecilia A Harding Project Address: 2402 North 33 Ave 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 eligible onion /r onstruction Sp-,'alist Date G /42_ fatialikow Deve opme 'ection Manager Date Pickeral TURN-AROUND DATE: 5/31/12 c Not a Historic Structure ❑ Historic Structure • ❑ Exempt Activity Don Seten Date HCD Preservation Officer • January 2011 `f h- I Excluded Parties List System Page 1 of 1 EpLs _ _ * 7:- f, Excluded,' �` ! r t Parties List System # 'X• 4- ,�•lL+�-i -.. t -'t'-'4 YI'� 1.t9Jr"S1Y- * 4.;::- •i':i.: :' —T.- —..— : _, -.— - -' 1 kirk Search-Current Exclusions ` ? .'t " � ^i 9 .. • EPLS Search � � >Advanced Search Results Resources >Multiple Names >Exact Name and SSN/TIN Search Results for Pa >Search Help 1t1eS >Advanced Search Tips >MyEPLS Excluded by >Public>Recent Updates Individual:Goly Young Users Manual >Browse All Records As of 20-Aug-am 12:14 PM EDT >FAQ Save to MyEPLS Acronyms View Cause and Treatment Code >Privacy Act Provisions , Descriptions >News Your search returned no results. System for Award Management >Reciprocal Codes >(SAM) >Procurement Codes Back New Search Printer-Friendly Reports >Nonprocurement Codes Agency&Acronym Information >Advanced Reports >Recent Updates >Agency Contacts >Dashboard >Agency Descriptions Archive Search-Past Exclusions >State/Country Code Descriptions >Advanced Archive Search >Multiple Names OFFICIAL GOVERNMENT USE ONLY >Debar Maintenance >Recent Updates ! >Administration >Browse All Records >Upload Login Contact Information >For Help:Federal Service Desk I I I , • ps://wvvw.epls.gov/epls/search.cin HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUlik LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DONEYYY) IMM/DD/YYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED � _EREM)SES(Ea occurrence) $ 50,000 A I CLAIMS-MADE I x1 OCCUR A020494rsI 8/26/2012 9/26/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F ti' J v.• id'''. .. : . . ip . r " 0 .."._ 4.,• . . „ ♦ lqihltIIIILWIN' _ ;. , .: ,ar .. "' + p , +' I, . A.. ♦ T d 1 F • :. .. . t ??t4 f,.y, «r t.i. ^r?• 11 f' 44. 'a' •- �:� {1:1: Y ,'At • #� e r • hr , S• AA % r• 1 ..... j } ♦r I p - +is�-;:fie H , i • ty k I ' Ii• - 1 ,• k.tf f Q • t i no results. System for Award Management >Reciprocal Codes >(SAM) >Procurement Codes Back New Search Printer-Friendly Reports >Nonprocurement Codes Agency&Acronym Information >Advanced Reports >Recent Updates >Agency Contacts >Dashboard >Agency Descriptions Archive Search-Past Exclusions >State/Country Code Descriptions >Advanced Archive Search >Multiple Names OFFICIAL GOVERNMENT USE ONLY >Debar Maintenance >Recent Updates ! >Administration >Browse All Records >Upload Login Contact Information >For Help:Federal Service Desk I I I , • ps://wvvw.epls.gov/epls/search.cin HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUlik LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DONEYYY) IMM/DD/YYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED � _EREM)SES(Ea occurrence) $ 50,000 A I CLAIMS-MADE I x1 OCCUR A020494rsI 8/26/2012 9/26/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F ' • ig, _ • —'— . • _ _ r - Y•_li ,tar', - y' _ - ' fi *r `` '�1c` j -"0 ' ' ' 4r, =..� •4 •�,j' I, .. :t .r .e.i try; F • •''► 11.i �I • . .1 .1.....,V.?„11.-., -.- • 4 .......,, _ , .............,.....,...., • • ' AIM:.• r '1�M+ �'.• .�•. ' ••sY• •fi r iY?: 7 �' ..4 .•'- « 4 r '•`.. r.['- 1. _ . ,, . 11 d , 0•.:..7. spari.... 4-. -,...:,.414... :. .J.: .. i . • s, jjj f.-1.1r ". ., / yn j� Tar +C. ; <f r' •�' . F "mot 1 v� .� Y f h 1x,.�'• �:1 o, y�' ; p,, • ' t y ' . `� • , i a�/ �J• ` • __ 11--14 .s.1... .A• �' tt�. ,•.�sts- .4,sf ,,.tt'��[tt9 3 i/ •1 oh,,Sxs . £ _ tt/ 7 ',b.' A . 4 r... � ice{•` 1.15r :r 1111111 , ` `. . .`l 'ks. ` -.. ' a .N , •Ar ; c,1 ra `-ate.' ..'/ �' 3 ��U - _ fir` ' • • • t3r- % ••-4 `b 4 ter' w:... .,.. , i. u' Si. �( r . ' 'i ,••), •%., j I't?8.kt. '. i. �•} is ,{ • 4 . 'r.. . •ti a _ t� I...4 •,,t. •....... .., (, ... • a. • L ',,ii4 .... t; P l',, . �' ' .♦ }v a•r ~ ,' S [ rf'o \ 1fr' A < •� ilk: { � • ` +x.e r�I l i: ► � `�'� • ��:. L > ?a �: j ^ � • ' ' ~:off i::^ � LkLr = k • ii- • .f.faj OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUlik LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DONEYYY) IMM/DD/YYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED � _EREM)SES(Ea occurrence) $ 50,000 A I CLAIMS-MADE I x1 OCCUR A020494rsI 8/26/2012 9/26/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F • OMMHA, . Fe r UO Planning Department Omaha/Douglas Civic Center 1319 Farnam Street,Suite 1100 /LOIn Omaha,Nebraska 68183 o � � (402)444-5150 'TF o F�aR°" Telefax(402)444-6140 City of Omaha R. E. Cunningham,RA,F.SAI47E Jin Suttle,Mayoz May 30, 2012 Director Mary Harding • Omaha,NE 68111 RE: 2402 North 33 Ave. Dear Ms. Harding: Pursuant to your application for the Target Area Program, a courtesy inspection of the above-referenced property was completed on September 16, 2010. • The following viola-dons of the..Omaha Municipal Code, Chapter 48 Property Maintenance Code, Section 48-111, were noted and are hereby brought to your attention: EXTERIOR Section 1) 302.3: Sidewalks and Driveways: Replace sidewalk and steps to house. • 2) 304.7: Roofs and Drainage: Install new roof. 3) 304.13: Windows: Metal wrap or paint existing window trims. INTERIOR Section 1) 305.3: Interi.nr Surfaces: Replace kitchen floor. 1) 504:1: Plum.hing: Replace bathroom toilet. 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 ely, Robert F. Pickeral • • Construction Specialist • : C: Cheryl ... .., (, ... • a. • L ',,ii4 .... t; P l',, . �' ' .♦ }v a•r ~ ,' S [ rf'o \ 1fr' A < •� ilk: { � • ` +x.e r�I l i: ► � `�'� • ��:. L > ?a �: j ^ � • ' ' ~:off i::^ � LkLr = k • ii- • .f.faj OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUlik LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DONEYYY) IMM/DD/YYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED � _EREM)SES(Ea occurrence) $ 50,000 A I CLAIMS-MADE I x1 OCCUR A020494rsI 8/26/2012 9/26/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F J f • AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) I, Goly Young ,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. pan L /. , 'i_�,,,,%Ile SUBSCRIBED AND SWORN TO before me thiseAday o` ,2012. GEfdERAt -SEate of Nebrast Nota P i CHERYLNOTARY D.WlLUAMS My Comm.Exp.Oct 5,2015 OPPORTUNITY Approved 6/1/10 Robert F. Pickeral • • Construction Specialist • : C: Cheryl ... .., (, ... • a. • L ',,ii4 .... t; P l',, . �' ' .♦ }v a•r ~ ,' S [ rf'o \ 1fr' A < •� ilk: { � • ` +x.e r�I l i: ► � `�'� • ��:. L > ?a �: j ^ � • ' ' ~:off i::^ � LkLr = k • ii- • .f.faj OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUlik LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DONEYYY) IMM/DD/YYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED � _EREM)SES(Ea occurrence) $ 50,000 A I CLAIMS-MADE I x1 OCCUR A020494rsI 8/26/2012 9/26/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F LEAD SAFE lit J SING RULE-APPLICABI_ITY FORM Address/location of property: 2402 North 33 Ave. 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 attes that the information above is true and accurate to the best of my knowle 4-j 41/2 Construction Specialist Date Develop - ion Manager Date ~:off i::^ � LkLr = k • ii- • .f.faj OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADUL SUlik LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DONEYYY) IMM/DD/YYYY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGETO RENTED � _EREM)SES(Ea occurrence) $ 50,000 A I CLAIMS-MADE I x1 OCCUR A020494rsI 8/26/2012 9/26/2013 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant (CDBG) funds under Title I of the Housing and Community Development Act of 1974, as amended, for the purpose of benefiting low- and moderate-income residents, eliminating slum and blight and for other urgent community development needs; and, WHEREAS, the Mayor recommended various projects in the 2012 Consolidated Submission for Community Planning and Development Programs(Consolidated Plan); and, WHEREAS, the City Council approved the 2012 Consolidated Plan on November 8, 2011 by Resolution No. 1234,which included the North NRSA Single-Family Target Area Rehabilitation Program; and, • WHEREAS, this property is located in the North NRSA CDBG Single-Family Target Area Rehabilitation Program;and, WHEREAS, the best bid was received in an amount of$29,600.00 as amended by Addendum#1 from Goly Young Construction, to perform rehabilitation work and lead reduction work when applicable, at the property owned and occupied by Mary J. Harding and Cecilia A. Harding, and located at 2402 North 33rd Avenue; and, WHEREAS,the total project cost is$29,600.00; 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 a Community Development Block Grant (CDBG) in the amount of$29,600.00 for the rehabilitation and lead reduction work, when applicable, at the property owned and occupied by Mary J. Harding and Cecilia A. Harding, located at 2402 North 33`d Avenue, is hereby approved. The contract is to be awarded to Goly Young Construction, Contractor. Funds in the amount of$29,600.00 shall be paid from North Neighborhood Revitalization Strategy Area (NRSA) CDBG Single-Family Target Area Rehabilitation Program,Fund No. 12186,Organization No. 129114. APPROVED AS TO FORM: �ci CITY ATTORNEY DATE 1733 dlh Bj10-17414 , Y . C un ilmember Adopted OCT 1 6-2012 G-o i. -deLe ,Z • /‘t° Cit Jerk �dAr*-- Approved , ' Mayor NAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER; PRODUCTS-COMP/OP AGO $ 2,000,000 X I POLICY[1 PRO- 1I LOC AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT (Ea accident) S — ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ----SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ (Per accldonl) S UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TAPYIIMiTB I FR ANY PROPRIETORJPARTNER/EXECUTIVE ri OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yea.describe under DESCRIPTION OF OPERATIONS below E.L,DISEASE.POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) • CERTIFICATE HOLDER CANCELLATION - (4 0.2)441-514.0. .._ SHOULD ANY OF THE-ABOVE-DESCRIBED POLICIES BE GANCEELED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of OmahaACCORDANCE WITH THE POLICY PROVISIONS_ . • 1819 Farnam Room 110 Omaha, NE 68183 AUTHORIZED REPRESENTATIVE Ray Sluyter/WES2 � , 1 ACORD 25(2010/05) I 11988-2010 ACORD CORPORATION. All rights reserved. INS025(201ao5),a1 • The ACORD name and logo are registered marks of ACORD b a C 3a 0 a a OU C C CI YV N V1 c0 CI •Y a 00 o C ti C) c a)a ^ > A O ° CD a; C a)E a) a) o o > rn Q C vc 0 g o ., a a ) o o , o U 0 vn U ,) a. U a a W CO w v) U v) a U a a Q ^-- N cn V v \o S 00 01 CD El WI .-, N M ‘t cn 1/40 S 00 O) O the stricken provision. These General Terms and Conditions shall survive the completion of the services under this Agreement and the termination of this Agreement for any cause. This Agreement between Client and Kirkham Michael shall pertain only to the benefit of the parties hereto, and no third party shall have rights hereunder. 18. OPINIONS OF PROBABLE COST Opinions of probable cost, cost estimates, and construction cost estimates provided herein are made based upon Kirkham Michael's experience and qualifications as professional engineers. However, since Kirkham Michael has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices, or over competitive bidding or other market conditions, any opinions of cost shall be accepted by Client subject to Paragraph 3 of these General Terms and Conditions. In the event Client desires a level of accuracy of an estimate which establishes cost ceilings or detailed cost component analyses, Kirkham Michael will upon written authorization from Client secure the services of a specialized cost estimating and analyzing firm acceptable to Client. The Client shall agree to the payment of additional compensation as required. Revised: 09-02-11 Page 3 of 3 7 C L ,,..3 000 en 7 v, 1D 1.- 00 0, 0 - N en a v, 10 n 00 0, 0 - N C „., o f V' W L N N N N N N N N N N en en M o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) u y y N N N N N N N N N N N N N N N N N N N N �7 L O u on C, L. 0'' c c a F Oa nO O NdN pZJ J -t O n O CD o (D CP as CD m p, o= 52 < o a = as ° w �`' °, C 5 V 7y`< p- ; ^ z a g s-� p '" o E. z w a- w o P '. n 5 = 0CD o Ei ` " x CD w Oh UOQ d CD W O .--' •y^ 0 O. 0 \ . Grg 0 .4, s ..•< .,:, = <. ¢- CD O- VI A, P4 CD O- R. a �y as Ts 5. 2 FD aQ C� b` = z `CD 00 Pd 0 0 r o o- " C� 2 . O 6, < < O O f v, co p o 'c'o 2 '8 01 CD `.3 .. CD O- J 2, V' ill\‘‘\...;‘ w f h- I