Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
RES 2020-1108 - Grant Agmt - Darrell Roth - 1510 Cady Avenue - lead reduction - Aztec Contracting
City Clerk Office Use Only: RESOLUTION NO. !-1.�1�(J �1 lJ� Publication Date(if.police.l�e)�j Agenda Date: 2'T 0 Department: Submitter: V j • CITY OF OMAHA LEGISLATIVE CHAMBER Omaha, Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant (CDBG) funds under Title 1 of the Housing and Community Development Act of 1974, as amended, for the purpose of benefiting low-and moderate-income residents, eliminating slum and blight and for other urgent community development needs; and, WHEREAS, the City has received State of Nebraska Affordable Housing Trust Fund Program funds awarded to the City by the State of Nebraska Department of Economic Development; and, WHEREAS, the Mayor recommended various projects in the 2020 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan); and, WHEREAS, the City Council approved the 2020 Consolidated Plan on June 9, 2020 by Resolution No. 2020-0581; and, WHEREAS, this property is located east of 72nd Street; and, WHEREAS, the best bid was received in an amount of $34,200.00 from Aztec Contracting, LLC, to perform rehabilitation work and lead reduction work, when applicable, at the property owned by Darrell A. Roth and located at 1510 Cady Avenue, Omaha, Nebraska 68110; and, WHEREAS, the total project cost is $34,200.00; and, WHEREAS, this project is in the best interest of the residents of the City of Omaha and those residing therein. RESOLUTION NO. 2020-Hog Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of $34,200.00 for the rehabilitation and lead reduction work, when applicable, to the property owned by Darrell A. Roth and located at 1510 Cady Avenue, Omaha, Nebraska 68110, is hereby approved. The Contract is to be awarded to Aztec Contracting, LLC, Funds shall be paid from CDBG Full/Exterior 2020 SF Housing Rehabilitation Program, Award No. 100785, Fund No. 12186, Org. No. 128072. 2998 dlh APPROVED AS TO FORM: ASSIS ANT CITY ATTORNEY DATE Adopted: N V 2 4 2020 Attest: DEPUTY City Clerk Approved: Mayor LOAN 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, Darrell A.Roth hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 1510 Cady Avenue and legally described as follows,to wit: All Lot 8 and the West 15 Feet of Lot 9, Washington Square,an Addition to the City of Omaha,as Surveyed, Platted and Recorded in Douglas County, Nebraska (commonly known as 1510 Cady Avenue) (hereinafter referred to as the PROPERTY); and, WHEREAS, the City has received State of Nebraska Affordable Housing Trust Fund Program funds awarded to the City by the State of Nebraska Department of Economic Development; and, WHEREAS, the City receives funds pursuant to an Agreement with the United States Department of Housing and Urban Development, pursuant to the Housing and Community Development Act of 1974, Title I; and, WHEREAS, funds from various sources may be combined in one project; and, WHEREAS, the OWNER(S) desire to use a portion of such funds for the purpose of 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 deferred payment loan of such funds for the Rehabilitation and lead-based paint hazard control. -1- A OPPORTUNITY Q:Library/HCD Forms/Agreement Templates/Homeowner Rehab Agreement over 20,000 Revised 9/30/19 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: Aztec Contracting,LLC Date Contractor Signed: 10/23/2020 Project ID No.: 29597 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 loan the OWNER(S) the sum of Thirty Four Thousand Two Hundred Dollars and 00/100 ($34,200.00) or the actual funds disbursed as shown on the HCD Loan Program Disposition of Funds Statement, provided that: a. the proceeds from this loan 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. Section 3. This deferred payment loan to the OWNER(s) shall be provided from various funding sources in the following combination: Community Development Block Grant Funds $34,200.00 Nebraska Affordable Housing Trust Funds $ Total amount $34,200.00 Section 4. The OWNER(S)authorizes the CITY to make payments directly to the Contractor. Section 5. The OWNER(S) shall: a. own the premises and reside at the premises for a term of at least sixty (60) months. The sixty (60)month term shall begin the date of closing for this loan; and, b. only use the deferred payment loan for the rehabilitation and lead-based paint hazard control; and, c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning ordinances and not commit waste; and, d. keep the property taxes current during the 60-month term the OWNER is required to own 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 if applicable; and, -2- fi)p .ljli'l INI TY 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 funds and shall be reimbursed by the OWNER(S) a sum equal to 1/60 of the loan for each remaining month of the sixty month term, provided that the reimbursed sum shall not exceed the sum previously dispersed from the loan. In the event of default, gross negligence or other substantial noncompliance by the OWNER, the outstanding amount of the loan 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 Owner agrees to comply with the following requirements: The Owner shall include the following language in all contracts and subcontracts for the physical performance of services: "The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.0 1324a, known as the E-verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee. If the Contractor is an individual or sole proprietorship,the following applies: a) The Contractor must complete the United States Citizenship Attestation form available on the Department of Administrative Services website at www.das.state.ne.us. b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the U.S. Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE)Program. c) The Contractor understands and agrees that lawful presence in the United States is required and the Contractor may be disqualified or the contract terminated if such lawful presence cannot be verified as required by Neb. Rev. Stat. 4-108." -3- 61 P;01I;GUAI. lISI!J laiii��I , The Developer/Owner/Subrecipient shall have each adult member of the household, applying 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- d'}'u'1Tia N171f 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 re der the contract voidable by the Mayor or Council. bow /./AR,174------ /07 avc26, Darrell Roth ate Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this ;)_7 day ofti@,fetor2020 A.D., before me, D- C7/Cy M. 5 f-1--cie J c , a Notary Public in and for said County, personally came Darrell Rotlf, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and he acknowledged the said instrument and the execution thereof to be his 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. -27, .j"----- __—____. ublic My Commission expires i,�,r 2-7 , 20,,Z2•_ GENERAL NOTARY-State of Nebraska �l JOYCE M.STEVENS My Comm.Exp.July 29,2022 ATTEST CITY OF OMAHA, A Municipal Corporation iditib iiiki I 2,62-0 zi-Oao City Cle of e City f l aha Date Mayor of the City of Omaha D to DEPUTY APPROVED AS TO FORM: 11.7. 41 , ,eX1 - ao Assistant City Attorney Date , -5- 1 cUM.M Ll.I, REHABILITATION CONTRACT Project ID No.: 29597 This Contract is between Darrell Roth (Owner's Name) of 1510 Cady Avenue , Omaha,NE (Owner's Address) (City and State) (referred to herein as the "Owner" and Aztec Contracting LLC (Contractor's Name) of 2518 South 6th Street , Omaha,NE (Contractor's Address) (City and State) a Limited Liability Company (referred to herein as the "Contractor") warranting itself to be licensed, and/or bonded (if applicable) and qualified to perform the work specified herein. This contract is for the rehabilitation of property located at at 1510 Cady Avenue , Omaha,NE (Property Address) (City and State) (herein after referred to as the "Property"). IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS FOLLOWS: PART I - SPECIFIC TERMS 1. EFFECTIVE DATE: This document shall have no force or effect unless and until executed by the Owner and the Contractor, and approved by the City of Omaha, (referred to herein as the "City"), and unless and until a properly executed and approved copy is delivered to the Contractor. The date on which the copy is received shall be referred to as the "Effective date." If a properly executed and approved copy of the Contract is not delivered to the Contractor on or before, December 22 , 2020, (date equal to sixty (60) Date) - I - Revised and approved 2/19/2016 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 October 8, 2020); 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$34,200.00. The price of specific items of work is stated in the Schedule of Work. 5. PROGRESS PAYMENTS: The Contractor agrees that the total contract price shall be paid in one or more progress payments, based on the value of the work completed at the time the progress payment request is made. Should any work for which payment is requested, not be completed, be completed incorrectly, or not be done in a high quality workmanlike manner, the amount of such work shall be deducted from the payment request. Payment for any work so deducted may be requested on future requests for payment; provided, said work has been satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien waivers from general contractor shall be provided with each progress payment requested. Progress payments will be made up to and including 90% of the value of the work completed. Any further payment would be made when project is 100% complete. In the case of inclement weather or any other factor that the City determines that will prevent project completion, the Contractor will be paid based on the actual amount of work completed. Final -2- Revised and approved 2/19/2016 lien waivers shall be presented from the general contractor at the time the request for final payment is made. Such progress payments shall be disbursed at the request of the Owner(s), after inspection and approval of the work by the Owner(s) and the City. Final payment shall be due upon satisfactory completion and acceptance of work as being in compliance with this Contract by the Owner and the City, permit sign-off(if applicable), submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and the City indemnifying the. Owner against any lien, and the submission of all warranties and guarantees to the Owner through the City. The Owner shall not withhold payment to the Contractor except for non-compliance with the terms of this Contract, and SHALL NOT REQUEST THE CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with the items set out in the Schedule of Work will not be paid for out of the rehabilitation funds unless said additions/deletions/changes have been authorized by a written and approved change order executed by all parties PRIOR TO the commencement of such work. Payment for any work completed without a written and approved change order is the sole responsibility of the Owner and/or the Contractor. The Contractor shall not refuse to complete the work set forth in the Schedule of Work because of any dispute between himself/herself and the Owner relative to work contracted "on the outside" or outside the scope of work as set forth above. The Contractor acknowledges that it is a material breach of this Contract to request or accept a progress or final payment which is in excess of the price of the work completed at the time such payment is requested. 6. WARRANT: The Contractor warrants that all improvements, hardware, and fixtures of whatever kind of nature to be installed or constructed on the Property by the Contractor or the Contractor's sub-contractors will be of good quality, suitable for their purpose, and free from defects in workmanship or materials or other deficiencies. This is a full warranty extending to the Owner and subsequent Owners of the Property; provided, however, that warranty set forth in this paragraph shall apply only to the deficiencies and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified in the warranty. (Note: Contractor to supply extended warranty documents to homeowner(s) at the time of final inspection) 7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108 through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following requirements: A. The Developer/Owner/Subrecipient shall include the following language in all contracts and subcontracts for the physical performance of services: "The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. -3- Revised and approved 2/19/2016 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. -4- Revised and approved 2/19/2016 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. av ,t/MA7 /4 #03D Owner: Darrell Roth Date Owner: Date Owner: Date Owner: Date Owner: Date Owner: Date /W4) ----- yreip.,(- 216-'1'---ss Date Aztec Contracting LLC Contractor yosei l b �- 25 - 2a d BYardenas Date TITLE: Sole Member 1/p a� /-6-:------ // / Clio) it �ss Date Approved by the City on wc,/cro„3z ea ,20 ?0, BY: -4- ./t Name: William H. Lu ah TITLE: Assistant Planning Director Mailed to CONTRACTOR, and Effective on / /77 , 20O , I -5- Revised and approved 2/19/2016 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: -6- Revised and approved 2/19/2016 A The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off; and terminated. The Contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. B The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, sexual orientation, gender identity, disability or national origin. 3. ASSIGNMENT: The Contractor agrees not to assign this Contract without written consent of the Owner and written concurrence by the City. 4. CHANGE ORDERS: The Contractor agrees not to make any changes to the Schedule of Work or the Specifications, whether or not requested to do so by the Owner, without a written change order executed by all parties prior to the commencement of the work. A written and executed change order is required even if the modification involves no change in the dollar amount of the Contract. 5. PERMITS AND CODES: The Contractor agrees to secure and pay for all applicable and necessary permits and licenses required for the Contractor's performance of this Contract in compliance with applicable requirements, including local building and housing codes where applicable, whether or not covered by the specifications and drawings for the work, and further agrees to perform all work in conformance with the highest standard of all applicable codes and local property rehabilitation standards. 6. HOLD HARMLESS: The Contractor agrees to defend, indemnify and hold the Owner harmless from any liability or claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the Contractor's performance of this Contract. Both parties agree that each Contractor and Subcontractor is acting in the capacity of an independent contractor with respect to the Owner. The Contractor further agrees to protect, defend, and indemnify the Owner form any claims by laborers, subcontractors, or suppliers for unpaid work or labor performed, or materials supplied in connection with this Contract. -7- Revised and approved 2/19/2016 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 -8- Revised and approved 2/19/2016 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 -9- Revised and approved 2/19/2016 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 - l0- Revised and approved 2/19/2016 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 - 11 - Revised and approved 2/19/2016 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 - 12- Revised and approved 2/19/2016 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. G. Neither resident, nor any member of the resident's household nor a guest nor other person under the resident's control shall engage in any criminal activity, including drug related activity, and the unlawful discharge of firearms. While subject to the rehabilitation contract, all firearms shall remain concealed in areas other than the work space and the use, visibility, the manufacture, or selling of any drug other than prescriptive shall not be apparent prior to or during the presence of any assigned contractors on the project. Presence of such activity creates a liability to the contractor and City staff assigned and may constitute an immediate cancellation of the project. All funds expended may be due and payable to the City of Omaha as a result of the cancellation. 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. - 13 - Revised and approved 2/19/2016 AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT STATE OF Nebraska ) )§ COUNTY OF Douglas ) I, O3. L.tir A ,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 Aztec Contracting LLC). I attest to the following: (a) each individual performing services for such contractor is properly classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (b) such contractor has completed a federal I-9 immigration form and has such form on file for each employee performing services, (c) such contractor has complied with Neb. Rev. Stat. section 4-114 (federal immigration verification system), (d) such contractor has no reasonable basis to believe that any individual performing services for such contractor is an undocumented worker, and(e) as of the time of the contract, such contractor is not barred from contracting with the state or any political subdivision pursuant to the Act. FURTHER AFFIANT SAYETH NAUGHT. Affiant SUBSCRIBED AND SWORN TO before me this 23I3day of 0 G{p( r 20 Zee GENERAL NOTARY-State of Nebraska //d III:, CHRISTINA S.WILLIAMSON g `'My Comm.Exp.September 8,2022 Notary Public O EQUAL HOUSING OPPORTUNITY Approved 6/1/10 Certification Regarding U.S. Department of Housing and Urban Development Debarment and Suspension Certification A: Certification Regarding Debarment,Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowl- 4. The prospective primary participant shall provide immediate writ- edge and belief that its principals; ten notice to the department or agency to whom this proposal is a. Are not presently debarred,suspended,proposed for debarment, submitted if at any time the prospective primary participant learns that declared ineligible, or voluntarily excluded from covered transactions its certification was erroneous when submitted or has become errone- ous by reason of changed circumstances. by any Federal debarment or agency; 5. The terms covered transaction, debarred, suspended,ineligible,b. Have not within a three-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for lower tier covered transaction, participant, person, primary cov- commission of fraud or a criminal offense in connection with obtain- ered transaction,principal,proposal,and voluntarily excluded, as ing, attempting to obtain, or performing a public (Federal, State, or used in this clause, have the meanings set out in the Definitions and local) transaction or contract under a public transaction; violation of Coverage sections of the rules implementing Executive Order 12549. Federal or State antitrust statutes or commission of embezzlement,theft, You may contact the department or agency to which this proposal is forgery, bribery, falsification, or destruction of records, making false being submitted for assistance in obtaining a copy of these regulations. statements, or receiving stolen property; 6. The prospective primary participant agrees by submitting this c. Are not presently indicted for or otherwise criminally or civilly proposal that,should the proposed covered transaction be entered into, charged by a governmental entity (Federal, State, or local) with it shall not knowingly enter into any lower tier covered transaction commission of any of the offenses enumerated in paragraph (1)(b) of with a person who is debarred, suspended, declared ineligible, or this certification; and voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this d. Have not within a three-year period preceding this application/ transaction. proposal had one or more public transactions(Federal, State,or local) terminated for cause or default. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification 2. Where the prospective primary participant is unable to certify to Regarding Debarment, Suspension,Ineligibility and Voluntary Exclu- any of the statements in this certification, such prospective participant sion - Lower Tier Covered Transaction," provided by the department shall attach an explanation to this proposal. or agency entering into this covered transaction,without modification, Instructions for Certification (A) in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it 2. The inability of a person to provide the certification required below is not debarred,suspended,ineligible,or voluntarily excluded from the will not necessarily result in denial of participation in this covered covered transaction,unless it knows that the certification is erroneous. transaction. The prospective participant shall submit an explanation A participant may decide the method and frequency by which it of why it cannot provide the certification set out below. The certifi- determines this eligibility of its principals. Each participant may,but cation or explanation will be considered in connection with the is not required to, check the Nonprocurement List. department or agency's determination whether to enter into this transaction. However,failure of the prospective primary participant to 9. Nothing contained in the foregoing shall be construed to require furnish a certification or an explanation shall disqualify such person establishment of a system of records in order to render in good faith the from participation in this transaction. certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally 3. The certification in this clause is a material representation of fact possessed by a prudent person in the ordinary course of business upon which reliance was place when the department or agency deter- dealings. mined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous 10. Except for transactions authorized under paragraph (6) of these certification, in addition to other remedies available to the Federal instructions, if a participant in a covered transaction knowingly enters Government, the department or agency may terminate this transaction into a lower tier covered transaction with a person who is suspended, for cause of default. debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause of default. Page 1 of 2 form HUD-2992(3/98) Certification B: Certification Regarding Debarment,Suspension,Ineli- gibility and Voluntary Exclusion-Lower Tier Covered Transactions 1. The prospective lower tier participant certifies, by submission of 5. The prospective lower tier participant agrees by submitting this this proposal, that neither it nor its principals is presently debarred, proposal that,should the proposed covered transaction be entered into, suspended, proposed for debarment,declared ineligible,or voluntarily it shall not knowingly enter into any lower tier covered transaction excluded from participation in this transaction by any Federal depart- with a person who is debarred, suspended, declared ineligible, or ment or agency. voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this trans- 2. Where the prospective lower tier participant is unable to certify to action originated. any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Instructions for Certification (B) Regarding Debarment, Suspension, Ineligibility and Voluntary Exclu- 1. By signing and submitting this proposal,the prospective lower tier sion - Lower Tier Covered Transaction," without modification, in all participant is providing the certification set out below. lower tier covered transactions and in all solicitations for lower tier covered transactions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. 7. A participant in a covered transaction may rely upon a certification If it is later determined that the prospective lower tier participant of a prospective participant in a lower tier covered transaction that it knowingly rendered an erroneous certification, in addition to other is not debarred,suspended,ineligible,or voluntarily excluded from the remedies available to the Federal Government, the department or covered transaction,unless it knows that the certification is erroneous. agency with which this transaction originated may pursue available A participant may decide the method and frequency by which it remedies, including suspension and/or debarment. determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any 8. Nothing contained in the foregoing shall be construed to require time the prospective lower tier participant learns that its certification establishment of a system of records in order to render in good faith the was erroneous when submitted or has become erroneous by reason of certification required by this clause. The knowledge and information changed circumstances. of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business 4. The terms covered transaction, debarred,suspended,ineligible, dealings. lower tier covered transaction, participant, person, primary cov- ered transaction,principal,proposal,and voluntarily excluded, as 9. Except for transactions authorized under paragraph (5).of these used in this clause, have the meanings set out in the Definitions and instructions, if a participant in a lower covered transaction knowingly Coverage sections of rules implementing Executive Order 12549. You enters into a lower tier covered transaction with a person who is may contact the person to which this proposal is submitted for assis- suspended, debarred, ineligible, or voluntarily excluded from partici- tance in obtaining a copy of these regulations. pation in this transaction,in addition to other remedies available to the Federal Government, the department or agency with which this trans- action originated may pursue available remedies including suspension and/or debarment. Applicant Aztec Contracting LLC Date 0 - Z, 3 - Zv Signature of Autho' ed Certifying Official Title Sole Member Page 2 of 2 form HUD-2992(3/98) a��ry, ��, Planning Department Las Omaha/Douglas Civic Center r 4S r.' Exterior Rehab Program z l;A`�"� «� N g 1819 Farnam Street,Suite 1100 c+®A�.C*W414 ro Omaha,Nebraska 68183 1,O (402)444-6140 P�ii 713 Fiir " 1510 Cady Avenue Telefax(402)444-6140 Darrell Roth David K.Fanslau City of Omaha (402) 321-6581 Director Jean Stothert,Mayor Inspector: Mark Laux (402) 444-5151 ext. 2025 September 21, 2020 The Contract bid documents consist of the following sections: • General Responsibilities for the Contractor and Occupant. • Lead Hazard Control Plan, Lead Hazard Reduction Work. • Non Lead Work. The Contractor Shall: • Comply with HUD's "Guidelines for the Evaluation and Control of Lead- Based Paint Hazards in Housing". (Copies are available at the Planning Department.) • Comply with standards called for in the "Construction and Rehabilitation Specifications, Housing and Community Development Division, City of Omaha,Nebraska". (Copies are available at the Planning Department.) • Comply with the State of Nebraska of Nebraska Health and Human Services Regulation and Licensure, Title 178 Chapter 23 Lead Base paint regulations. • Coordinate daily construction schedule with the occupant. • Submit information cut sheets for all substitutions or approved equals prior to written approval of the Rehabilitation Inspector. • Move all furniture and appliances necessary to do required work. Large furniture left in containment areas may be wrapped with plastic, seal all • joints. • Repair or replace all items damaged or disturbed during construction. • At all times keep the site of work and surrounding area free from accumulations of waste materials or rubbish caused by the work. • Upon daily completion of work clean up all rubbish, excess material, equipment, and etc. that is connected with the work and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. • Complete this,project within 90 calendar days from the proceed order. The Contractor Shall: 1). The sequence of work activities shall be contractor option. 2). Use trained, certified, supervised workers to do the lead work and paint stabilization. 3). HEPA vacuum and clean all surfaces and horizontal surfaces to achieve clearance. - Schedule clearance testing after lead hazard reduction work& cleaning. 1 4). Make every effort to match existing materials & surrounding surfaces. 5). Examine worksite to determine conditions &what is required to perform the work. - The bid includes cost to perform the lead work&cost to achieve clearance. 6). Place dumpster on site for entire project for debris removal. 7). Achieve lead clearance on interior and exterior The Occupant Shall: • Remove, store away and reinstall all effected window coverings. • Remove and store away pictures, lamps, knick-knacks, valuables, etc out of the work areas. • Provide a clean, uncluttered dwelling to work in. • Allow Final Clearance testing upon substantial completion of work as determined by the Rehab Inspector. • Ensure that all household members stay at least ten feet away from all work areas and also keep all pets at least ten feet away at all times until the work has been completed and the area has passed a clearance test. • Coordinate with their security system contractor to have new contacts for security system installed on all windows and doors that presently are monitored. Lead Work: Exterior: 1- Remove existing metal wrap at all windows and install new white metal finish fabricated on site to the longest lengths possible. Remove and replace all rotted and or missing wood and sills at all windows. Wrap any remaining existing wood trim on the exterior. This includes all windows and basement windows. Caulk the exterior and the interior for a complete finish. 2- Remove and replace all storm windows on front porch. 3- Remove existing storm windows on all windows. Work at Windows 1. Existing windows (all windows, including boarded up window): o Remove existing window, sash and storm window using lead safe procedures. Install new white vinyl, Low E, double hung, argon filled, windows with full screens. When egress windows are required to be casement windows, the casement windows shall have a divider bar to resemble double hung windows. Replacement of windows includes all windows including fixed windows. Note that some windows may required to be tempered and include in your cost. o Remove and replace all deteriorated brick mold and sill as required. This also includes interior sills as required for replacement. 2 o Where windows have weights and ropes they are to be removed and all voids to be filled with insulation. o Fill the space between the insert windows and existing jambs with insulation. o Windows must meet egress code requirements. Include all framing and finishing as required to meet code. If installing a casement window will not meet egress codes, then the jamb of the window shall also be installed and a new window secured in the rough opening with all trim on interior and exterior to be re-installed. o All windows to be encapsulated and stored in a secure area prior to removal. o On the interior trim, jamb and any additional wood added for new windows, existing wood to have 1 coat of finish applied to match the existing. New wood to be finished to match existing with 2 coats. Upstairs windows wood shall be painted white see #5 on interior lead work. o At window that meets roof(covered with plywood, 2nd floor rear of house), allow for additional flashing/metal work to go over new roofers flashing for a tight seal, caulk as required. 1. Basement windows. o Remove and replace all basement window units with vinyl sliding windows to match existing size & configuration. o New windows to be white, Low E, insulated glass, argon filled, vinyl window with half screen. o Install wood buck (AC2 material) into opening prior to installing window if there is an existing wood buck and all wood to be primed and painted on the interior and the exterior shall have white metal wrap. o Caulk around windows, trim windows inside and paint. o Scrape and paint foundation openings of windows using lead safe practices. o All paint to be one coat primer and two coats enamel. o Remove existing basement window wells if present and install new metal window wells (even if none are present but needed) to the proper elevation to allow for additional backfill. Window well area to be excavated an additional 8" on the interior to allow for gravel fill for drainage. The window well is to be attached to the foundation and caulk to prevent water infiltration at the mounting flanges. Approved Window Manufactures 1. Simonton Prisma 6100 Series 5. Silverline 8500/9500 2. Stanley Pro-Fit 6. Pella Themastar 3. Winnova CVD-200 7. Gerkin Series 4800 4. ProVia-Aspect Windows 8. Vinylmax-Franklin Windows 5. Jeld Wen-Premium Vinyl 3 Interior 1- Within the enclosed front porch area, scrape,prime and paint all previously paint surfaces and include door jamb at entrance of the house using lead safe procedures. Work to include all wood around windows and doors, ceiling and walls, but not required on the floor. Walls and ceiling to match existing color and at doors and windows, the color shall be white. 2- All lead work is to be done in accordance to lead safe procedures. 3- At the door in the kitchen leading into the pantry, remove and dispose of door, remove and fill in at hinges,paint frame and trim both sides, color to be white. 4- At the existing stairs leading to the upstairs, scrape prime and paint exposed portions of the stair treads and risers. Work to also include stair stringer/base board. Color to match existing. 5- On the second floor, at all interior doors,jambs, cased openings,window sills and casing that have been previously painted, shall be scraped,prime and paint. Work to include replacement of all damaged interior sills and necessary caulking. The color shall be white on all boards, allow for additional coats as required to cover dark painted wood. This work is only required at previously painted surfaces. Non Lead Work Exterior 1- Remove and replace existing private asphalt/concrete walks at the front, side and rear of the house. If no walk is present leading to the rear door, a walk shall be installed according to code. Include in your work the step/change of elevation on front walk. Walk shall be the minimum width as required by code. 2- Remove and replace existing asphalt/concrete drive but not approach. Work to include filling and compacting of areas,placing wire mesh prior to pouring concrete,placement of and sealing of expansion joint at the walk connecting to the drive and elsewhere as required by code. The width and length of new drive shall match the existing configuration. 3- Remove and replace the existing concrete steps at front and rear of house. All steps to have a minimum of two holes dug to frost line at top and bottom of steps with rebar extending from lower holes to upper hole and within the holes. Also, there shall be expansion material at bottom of steps when connecting to walk and shall be sealed. At the rear entrance, move stock piled bricks and pavers to the location designated by the owner. 4- Any and all concrete that is next to foundation, abuts to steps or drive shall have expansion joint material at these locations and other locations required by code. The expansion shall be sealed with Vulkem or approved equal. 5- Install white vinyl lattice at the front porch. The lattice shall be white vinyl with lx4 cedar trim boards along the perimeter on the exterior side. 6- Install new metal rail at front and rear steps. 7- At the existing foundation, remove all loose plaster/stucco, install new plaster/stucco to match existing. Repair cracks with caulk, repair any holes, scrape, prime and paint (2 finish coats) on all exposed foundation including the material that is around the front and rear porch. 4 8- At locations where siding is missing, install new siding to match existing as close as possible. 9- At the rear of the house, there is basically two enclosed porches one connected to the other. Within both of these porches, remove material that covers the walls, ceilings and flooring except at the siding locations (walls that use to be the exterior of the house). Remove insulation and install new to match existing. Remove and replace all rotted framing for floors, walls and ceiling. Walls, rafters and joists may be allowed to be sistered to the original, but must be glued and screwed. This work must be approved with the Construction Specialist prior to doing this work. Install '/2 inch treated sheathing on the floor. The interior door between these two rooms shall remain. The exterior(where door should be), remove the plastic stripping that covers the opening, again correct the damaged wood and framing. Install a new 6 panel pre-hung insulated metal door as per our rehab specifications. Work to include new hardware keyed alike including dead bolt. Once all the framing, flooring, and insulation is complete, install "DPI Wood Grain 4'x8' Honey Birch wall panel Sku# 505300 from Menards or approved equal. Panels are to be glued and nailed to framing. Work to include all necessary trim pieces for a complete finish. The existing door and frame and new door and frame shall be painted white 2 coats of finish. Note that the cost for all this work except the door work shall be noted on the line item "Specialties" on the Bid Sheet. 10-At the entrance to the front porch, remove and replace the existing storm door, at the rear entrance install a new storm door per the rehab specifications. 11-Install good clean fill in all areas disturbed, seed and straw. Work to include additional fill along foundation for drainage to meet code. Work to include adjustments to downspouts as required. Alternates: Show cost of these items on separate line item on bid form but do not include it in the total cost of the project. It will be added and/or deducted if cost allows in the contract. Alternate #1: Add to have the trees that overhang the house, to be trimmed, removing the branches that overhang the house back to the nearest lead that doesn't overhang the house, clean up and haul away. Aevvleil //, Property Owner Date Property Owner Date 5 City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area ❑ Exterior Project Special Needs ❑ Owner Occupied El Redevelopment Area: East of 72nd Street Address: 1510 Cady Avenue Owner(s): Darrell Roth The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 9/20/2020 General Construction Cost $ 29,403.00 Electrical Cost Plumbing Cost $ - HVAC $ - Overhead/Profit/ NE. Contractor Tax(15%) $ 4,410.00 Lead Liability Fee Total Construction Cost Estimate $ 33,813.00 Add Alternate#1 (cost plus overhead &profit) $ 2,500.00 The source for the estimate data is the current addition of Repair & Remodeling Cost Data by R. S. Means, recent competitive bid pricing for similar work and product and material research. The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans and specifications. In our opinion the project cost estimate is accurate. This estimate is for the use of the City of Omaha, Housing and Community Development Division, Rehabilitation Section only. The actual cost may vary. Signed, Construction Specialist % lz--Cee Date gyzy ,e Initial Inspection Date: fi - Work Write-up Date: /�f3/� Approved, Project Manager \ __y/Q Date .z 2i'Z C: Cheryl File Rev. 8/29/08 Housing and Community Development Division City of Omaha Planning Department Cost Certification Form Project Name: Exterior Rehab Project Owner: Darrell Roth Project Address: 1510 Cady Avenue Certified amount: $34,200.00 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. Construction Specialist: /<,. , Date: /v/,/; Project Manage : Date: _ O Housing and Community Development Division City of Omaha Planning Department Level of Rehabilitation Assistance Program: EXTERIOR [ Project Houseworks n Owner Occupied ❑ Owner/ Developer: Darrell Roth Property Address: 1510 Cady Avenue Property Name: Residential Construction Hard Cost $33,813 .00 Less Lead Hazard Reduction Cost $13,530.00 Equals Total Rehabilitation Hard Cost $20,283.00 Number of Assisted Units 1 Rehabilitation Hard Cost per Unit $20,283.00 Total Federal Funding $33,813.00 Number of Assisted Units 1 Federal Funding per Unit $33,813.00 Level of Rehabilitation Assistance per Unit $33,813.00 Signed, Rehabilitation Inspector xt Date ?/ 1 ze)40 1 Please review, sign and dat . Approved, Project Manage . � Date 7.4.2yg. 7,6,- C: Christina File City of Omaha, Housing and Community Development Division BID EVALUATION FORM Project Owner: Darrell Roth Contractor: Aztec Contracting LLC Project Address: 1510 Cady Avenue Target Area Project Exterior Project X . Special Needs NAHTF Funding Source: Block Grant Home 2015 CDBG Homestead Contractor Planning Dept. Comments General Conditions: Contractor states he can do the Site Work: $3,000.00 $1,300.00 work for the price quoted. Concrete: $10,357.00 $9,873.00 Although he may be missing a Masonry: line item it is or low, it is covered Metals: $650.00 $1,000.00 in a different item such as doors, Woods and Plastics: windows, thermal & moisture - Thermal & Moisture Prot.: $895.00 protection and special constr. Finishes: Doors & Windows: $633.00 $1,070.00 Specialties: Equipment: Furnishings: Special Constr.: 3,230.00 $3,500.00 Plumbing: Alternate #1 will not be accepted HVAC: as part of the contract, therefore, Electrical: Contract price = $34,200.00 Lead. $16,330.00 $11,765.00 Overhead & Profit: $4,410.00 TOTAL: .$34,200.00 $33,813.00 Alternate #1 $2,000.00 $2,500.00 The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable. Construction Specialis • � � Date: C0:� , ; Project Manag r: Date: lC� ja; 6-7-00 HOMEOWNER'S ACCEPTANCE FORM I have reviewed all of the bids submitted for the rehabilitation of my property located at : 1510 Cady Avenue My contractor of choice is: Aztec Contracting LLC Owner's Signature or Personal Representativetc Date r) ` /3 ".2O.4O City of Omaha Planning Department Housing and Community Development Division Tier II CEST Statutory Checklist(2020-167) For Rehabilitation Programs Tier I CEST Statutory Checklist (2019-200) Project Name: Project Address: 1510 Cady Av. Project Activity: See Section 106 review for work plan Program: Owner Occupied Exterior Rehab The Tier I CEST Statutory Checklist requires a Tier II Statutory Checklist the following Impact Categories: • Floodplain Insurance • Contamination and Toxic Substances • Endangered Species • Explosive and Flammable Operations • Floodplain Management • Historic Preservation • Noise Control The following table presents the Tier II determinations for these categories. An A in the Status box indicates no compliance issues are associated with this project and the project may proceed without further consultation. A B in the Status box indicates additional steps are required to address this issue (e.g., removal of hazardous materials). Status Impact Categories Source Documentation A orB According to FEMA Flood Insurance rate map 31055CO241H the site is not in a special flood hazard zone. Please see the attached Flood Insurance AFIRMette. Flood insurance is not required. According to USEPA data presented on the Omaha Lead Registry (www.omahaiead.org), the target property is within the final Contamination and focus area of the Omaha Lead Superfund Site.The soil lead levels Toxic Substances at this site were tested in Aug. 2003 and remediated June 2004. The property was not assessed for paint stabilization. Partly based on the age of the home (built in 1880), interior and exterior lead-based paint hazards may be present. Lead-safe work practices are required. Partly based on the age of the home, asbestos hazards may be present. While there is no immediately obvious ACM present, asbestos siding has been known to be present under newer siding. If suspect material is found during work activities, further consideration must be given to potential hazards and compliance with state and federal regulations before proceeding. Because this is a single family home, the primary regulations are found in Nebraska Health and Human Services regulations (178 NAC 22. htto://www.sos.ne.gov/rules-and- regs/regsearch/Rules/Health and Human Services System/Title- 178/Chapter-22.pdf). The city also has a radon testing and mitigation policy that states that radon levels must be tested and mitigated, if necessary, when the cost of rehabilitation exceeds 50% of the assessed value of the home and Federal funding to the project exceeds $5,000.00. However, the 2015 update to the policy excludes exterior-only rehabilitation, such as this project, from this requirement. Based on a review of aerial photographs and the Nebraska Department of Environmental Quality's (NDEQ) interactive facility map (http://degims2.deq.state.ne.us/decflex/DEQ.html) and the NEPAssist tool (httos://nepassisttool.epa.gov), there is one site (Interstate Printing Company) within 0.5 miles of the target property that had a RCRA violation identified in Dec. 2019. Correspondence retrieved from the NDEQ map between that agency and the EPA found the facility to have made the changes necessary to be in compliance as of July 2020 and is no longer a concern. Endangered Species This project does not involve the removal of a tree and therefore A habitat for the Northern Long-eared Bat is not a concern. Aerial photographs taken by the City in 2018 and the NDEQ's interactive facility map were reviewed within a mile of the target Explosive and property. Based on this review, there is one storage tank with Flammable Hazards explosive hazards within a mile of the property, located at the Westplains Cornbelt Terminal at 1300 Ohio Street. This tank is approximately 933 feet to the east of the target property. According to the Acceptable Separation Distance (ASD) Calculation, the ASD for thermal radiation for people is 249 feet. Therefore the property is not at risk. The ASD calculation is attached. Floodplain The property is not located in a flood plain. See Floodplain Management A Insurance, above. According to the City's Historic Preservation Officer, the building Historic is not historic. See the attached Section 106 Review Request Preservation form dated September 17, 2020. - I There are two road noise sources with traffic count information within 1,000 feet of the target property. These are N 16 St. and Lake St. There are several railroad lines located within 3,000 feet of the target property. However, there is not enough rail activity to significantly contribute to noise levels at this property. There are several airport runways within 15 miles of the target ' property, but no noise elevation data is available for the target property. It is assumed that these noise sources do not significantly contribute to the noise level at the target property. Noise Abatement and Control AThere are no loud or impulsive noise sources near the target property. It is assumed that these noise sources do not significantly contribute to the noise level at the target property. HUD further requires a 10-year noise projection, when possible. To do this, the traffic counts in the model were increased by 10% because current population growth estimates assume Omaha will grow by 10% over the next decade. The noise level stayed the same at 52 decibels, which remains within the Acceptable Noise Level range. Noise mitigation is not required. A project-specific Tier II environmental review has been performed at the above location in compliance with HUD environmental review regulations (24 CFR Part 58) and related laws, authorities and requirements. The review has been performed prior to the commitment of HUD or non-HUD funds, as required by §58.22(a) and (c). This review shall be retained as a component of the City's Environmental Review Record (ERR). Consult the Tier I CEST Statutory Checklist identified above for information regarding compliance with other laws and authorities for this HUD-assisted project or program. f Prepared by 0 N22.____,i _ _ Date: D t Approved b /. r _ Date: I O (0t)t.))U • SECTION 106 REVIEW REQUEST FORM (January 2011) PROPERTY OWNER: Darrell Roth PROPERTY ADDRESS: 1510 Cady Avenue DATE BUILT: 1880 PROGRAM: Owner occupied Exterior Rehab . EST. REHAB COST (if applicable) $35,000.00 LEVEL OF ASSISTANCE (if applicable): $35,000.00 ASSESSED VALUE: $47,000.00 DESCRIPTION OF PROPOSED UNDERTAKING: Remove and replace windows, remove and replace rear entrance door and storm doors remove and replace various sections of concrete, repair foundation and paint, trim trees over roof. SUBMITTED BY: Mark Laux TURN-AROUND DATE: 9/28/2020 Not a Historic Structure ❑ Historic Structure I I Exempt Activity r/7/...2.2„ Don Seten Date HCD Preservation Officer AZTECON-01 JULIE AC'oROA CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYV) 8/5/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY, AMEND, EXTEND OR'ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 Julie Hildreth NAME: Quinn Insurance Inc PHONE No,Est):(402)894-7496 FAx 402 891-1252 11815 M Street,Suite 200 (E p,�L ): (ac,No):( ) Omaha,NE 68137 A RESS;jhildreth@quinninsurance.com INSURER(S)AFFORDING COVERAGE _ I NAIC# INSURER A:Motorist Commercial Mutual Insurance Company 13331 INSURED INSURER B:Accident Fund Insurance Company of America 10166 Aztec Contracting INSURER C: 2518 S.6th Street INSURER D: Omaha,NE 68108 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVDD POLICY NUMBER (MWDD/YYYY) IMM/DD/YYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY I 1 EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR XI I5000134477 8/12/2020 8/12/2021 PREMISES Ea occurrence) $ 100,000 _MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY( X j�T I X I LOG I PRODUCTS-COMP/OP AGG $ _ 2,000,000 OTHER: A AUTOMOBILE LIABILITY I I (Ea EOMBIINEED SINGLE LIMIT $ 1,000,000 ANY AUTO 5000134477 8/12/2020 8/12/2021 I BODILY INJURY(Per person) $ OWNED !X SCHEDULED _BODILY INJURY(Per occident)_E _ AUTOS ONLY _I AUTOS X HIRED I X I NON-OWNED PROPERTY DAMAGE AUTOS ONLY __ AUTOS ONLY (Per accident) $ UMBRELLA LIAB l I_I OCCUR I EACH OCCURRENCE $ EXCESS LIAB I CLAIMS-MADE AGGREGATE $ I I DED 1 RETENTION$ B 1 WORKERS COMPENSATION I X I PERTUTE OTH $AND EMPLOYERS'LIABILITYER INPROPRIETORIPARTNER/EXECUTIVE Y� WCV6194243 8/12/2020 8/12/2021 500,000 CER/MEMBER EXCLUDED? I J N I A E.L.EACH ACCIDENT $ (Mandatory In NH) 500 000 If yes,describe under E.L.DISEASE-EA EMPLOYEE $ ' DESCRIPTION OF OPERATIONS below I 1 E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) City of Omaha Planning Department is listed as Additional Insured applies to General Liability policy as per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Omaha Planning Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Permits&Inspections 1819 Farnam St#1100 Omaha,NE 68183 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Housing and Community Development Division City of Omaha Planning Department Contractor Eligibility Form Project Name: Exterior Rehab Program Project Owner: Darrell Roth Project Address: 1510 Cady Avenue Contractor: Aztec Contracting LLC 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 Habitat to complete verification ./¢/p/z_o Rehabilitation Inspector Date ( nag' Date ( LEAD SAFE HOUSING RULE-APPLICABILITY FORM Address/location of property: 1510 Cady Avenue Activity: Owner Occupied Exterior Rehab Regulation Eligibility Statements (check all that apply): _x_Property is receiving Federal Funds. _x_Unit was built prior to 1978. Note: If both Eligibility Statements above have been checked, continue with the Exemption Statements below. If not, the regulation does not apply. Sign and date the form. Regulation Exemption Statements [24 CFT 35.115] (check all that apply): Emergency repairs to the property are being performed to safeguard against imminent danger to human life, health or safety, or to protect the property from further structural damage due to natural disaster, fire or structural collapse. The exemption applies only to repairs necessary to respond to the emergency. The property will not be used for human residential habitation. This does not apply to common areas such as hallways and stairways of residential and mixed use properties. _Housing"exclusively" for the elderly or persons with disabilities, with the provision that children less than six years of age will not reside in the dwelling unit. An inspection performed according to HUD standards found the property contained no lead-based paint. According to documented methodologies, lead-based paint has been identified and removed; and the property has achieved clearance. _The rehabilitation will not disturb any painted surface. The property has no bedrooms. _The property is currently vacant and will remain vacant until demolition. If any of the above Exemption Statements have been checked,the Regulation does not apply. On this basis, sign and date the form. I attest that the information above is true and accurate to the best owledge. 71/aALCI 9/40261 Construction Specialist Date Project Manager Date