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RES 2009-0453 - Agmt for rehabilitation and lead reduction work at 3714 Seward St 6I OMAHA•NF6 4. `f, � R E C i v Planning Department i' �� Omaha/Douglas Civic Center i'•' r� 09 P 1819 Farnam Street,Suite 1100 ® ' [ t1 1r i �f `20 Omaha,Nebraska 68183 °�•.�-� ;'-"�"` CITY �f �^ (402)444-5150 o `7 4�1 i �� ` i"a 4' i- y� t�,• r� Telefax(402)444-6140 44'D FEB03 8 MA r E7,71 •, j City of Omaha t a ;: Steven N.Jensen, Director Mike Fahey,Mayor May 5, 2009 Honorable President and Members of the City Council, The proposed Resolution is for the rehabilitation of the property owned and occupied by Marilyn Prince at 3714 Seward Street, Omaha, Nebraska 68111, with funding from the Lead-Based Paint Hazard Control funds, the Nebraska Affordable Housing Trust Fund (NAHTF), and Community Development Block Grant (CDBG) funds. The contractor is White's Construction. The Planning Department Financing Guidelines for the Lead-Based Paint Hazard Control Program, the Nebraska Affordable Housing Trust Fund (NAHTF) and the North NRSA CDBG Target Area Rehabilitation Funds provide that hard construction costs do not exceed $55,000.00. This project was competitively bid with the best bid being received at $30,362.79. The Planning Department believes this bid is reasonable for the work on this property, based on the certified cost estimate and the bids received. Ms. Prince's total household income is 32.47% of the Median Income by Family Size as established by the Department of Housing and Urban Development. This household includes at least one child under the age of six. The funding is comprised of a $1,000.00 grant from the Lead-Based. Paint Hazard Control Program, a $21,500.00 grant from the Nebraska Affordable Housing Trust Fund Program, and a $7,862.79 grant from the CDBG Program, for a total of $30,362.79. Funds in the amount of$1,000.00 shall be paid from the Lead-Based Paint Hazard Control Program Fund No. 12136, Organization No. 128018, $21,500.00 shall be paid from the Nebraska Affordable Housing Trust Fund Program Grant Award No. 07-TFHO-7087, Fund No. 12141, Organization No. 128112, and $7,862.79 shall be paid from the CDBG North NRSA Target Area Rehabilitation Fund No. 12186, Organization No. 129114. The rehabilitation of this single-family home meets the requirements of the Lead-Based Paint Hazard Control Program, the Nebraska Affordable Housing Trust Fund Program, and the CDBG Program, the City's Underwriting Guidelines and is consistent with the FY 2009 Consolidated Submission for Community Planning and Development Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended and the HUD Lead-Based Paint Hazard Control Grant Award No. NELHB0301-05. Honorable President And Members of the City Council Page 2 The Contractor, White's Construction, has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Rights and Relations Department will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution is requested. Sincerely, Referred to City Council for Consideration: • . Gq (/•=4 y. 2- ofSteven N. nsen, CP, LA 4B Date Mayffi e Date Planning Di L r Approved as to Funding: Approved: Carol A. Ebdon 4/ Date Human Rights an Relati s De . Date Finance Director , o'/, • Lsfrink1248-cover letter 7 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, Marilyn Prince hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 3714 Seward Street and legally described as follows,to wit: Lot 11 and the East 5 Feet of Lot 12, Block 7, Orchard Hill, an addition to the City of Omaha, as surveyed, platted, and recorded in Douglas County,Nebraska(commonly known as 3714 Seward Street). (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 rece ved 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 grant of such funds for lead-based paint hazard control. _1_ Revised 12/5/07 rogram, for a total of $30,362.79. Funds in the amount of$1,000.00 shall be paid from the Lead-Based Paint Hazard Control Program Fund No. 12136, Organization No. 128018, $21,500.00 shall be paid from the Nebraska Affordable Housing Trust Fund Program Grant Award No. 07-TFHO-7087, Fund No. 12141, Organization No. 128112, and $7,862.79 shall be paid from the CDBG North NRSA Target Area Rehabilitation Fund No. 12186, Organization No. 129114. The rehabilitation of this single-family home meets the requirements of the Lead-Based Paint Hazard Control Program, the Nebraska Affordable Housing Trust Fund Program, and the CDBG Program, the City's Underwriting Guidelines and is consistent with the FY 2009 Consolidated Submission for Community Planning and Development Program approved by the City Council on October 8, 2008 by Resolution No. 1492, as amended and the HUD Lead-Based Paint Hazard Control Grant Award No. NELHB0301-05. • 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: White's Construction Date Contractor Signed: April 13, 2009 LHC File No.: 05-LBPHC/l72 HCD File No: 09-HCD/3137 b. "Contractor" shall mean the contractor party to the construction contract. c. "Director" shall mean the Director of the City of Omaha Planning Department, or his/her designated representative. d. "Dwelling" shall mean the dwelling structure upon which the lead-based paint hazard control work is being performed. e. "Housing Ordinances" shall mean any health, safety or minimum dwelling standard ordinance applicable to the premises. f. "Premises"shall mean the property dwelling and structures thereon. g. "Lead-based Paint Hazard Control Work" shall mean the Lead-based paint hazard control work agreed upon in the construction contract. h. "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 Thirty-Thousand Three-Hundred Sixty-Two Dollars and 79/100-- ($30,362.79) 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(HUD NELHB 0301-05) $1,000.00 State of Nebraska NDEQ Funds $0.00 State of Nebraska Affordable Housing Trust Funds(NAHTF07-TFH07087) $21,500.00 Community Development Block Grant Funds $7,862.79 Other Funds N/A $0.00 Total amount $30,362.79 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, 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, -2- Revised 12/5/07 • 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, e. is held harmless for all injury and damages arising by virtue of this Agreement. Section 8. Either party may pursue any remedy to enforce this contract at law or equity; except in the event of a breach of Section 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. 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. Aet --A et)y Marilyn Princ Owner ate Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this ;RO day of iprt1, 20U/ A.D., before me, /1/2 jti jq Or a Notary Public in and for said County, personally came Marilyn Prince, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and she acknowledged the said instrument and the execution thereof to be her 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. fi GENERAL NOTARY-State of Nebraska • NORITA A.COLLAR ��ffAA My Comm.Exp.July 22,2010 otary Public My Commission expires , 20/ 2 -3- Revised 12/5/07 rol work if applicable; and, c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning ordinances and not commit waste; and, d. keep the property taxes current during the 36-month term the OWNER is required to own 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, -2- Revised 12/5/07 CITY OF OMAHA, a Municipal Corporation es R. Thele A ssistant Planning Director STATE OF NEBRASKA ) ) § COUNTY OF DOUGLAS ) On this day of f I , before me the undersigned, a Notary Public in and for said County, persona I ame James R. Thele, Assistant Planning Director for the City of Omaha, who executed the above grant agreement, and acknowledged the execution thereof to be a voluntary act and deed as such official and the voluntary act and deed of the City of Omaha, a Municipal Corporation. In testimony whereof, I have hereunto set my hand and affixed by Notary Seal at Omaha in Douglas County,Nebraska, on the date last above written. GENERAL NOTARY-State of Nebraska hull NIORITA A.COLLAR ary Public JAB My Comm.Exp.July 2,2010 My Commission expires h , , / 01 APPROVED AS TO FORM: C; 1461/vililla4'10)11-1 Assistant City Attorney I, Date • -4- Revised 12/5/07 NER(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. 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. Aet --A et)y Marilyn Princ Owner ate Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this ;RO day of iprt1, 20U/ A.D., before me, /1/2 jti jq Or a Notary Public in and for said County, personally came Marilyn Prince, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and she acknowledged the said instrument and the execution thereof to be her 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. fi GENERAL NOTARY-State of Nebraska • NORITA A.COLLAR ��ffAA My Comm.Exp.July 22,2010 otary Public My Commission expires , 20/ 2 -3- Revised 12/5/07 rol work if applicable; and, c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning ordinances and not commit waste; and, d. keep the property taxes current during the 36-month term the OWNER is required to own 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, -2- Revised 12/5/07 • REHABILITATION CONTRACT Loan Number: This Contract is between Marilyn Prince , (Owner's Name) of 3714 Seward Street , Omaha,Nebraska (Owner's Address) (City and State) (referred to herein as the "Owner" and White's Construction (Contractor's Name) of 978 North 28`h Avenue , Omaha,Nebraska (Contractor's Address) (City and State) a Sole Proprietorship (referred to herein as the "Contractor") warranting itself to be licensed, and/or bonded (if applicable) and qualified to perform the work specified herein. This contract is for the rehabilitation of property located at at 3714 Seward Street , 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 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 d appr9v copy of the Contract is not delivered to the Contractor on or before, Q , 2009, (date equal to sixty (60) Date ssigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. 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. Aet --A et)y Marilyn Princ Owner ate Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On this ;RO day of iprt1, 20U/ A.D., before me, /1/2 jti jq Or a Notary Public in and for said County, personally came Marilyn Prince, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and she acknowledged the said instrument and the execution thereof to be her 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. fi GENERAL NOTARY-State of Nebraska • NORITA A.COLLAR ��ffAA My Comm.Exp.July 22,2010 otary Public My Commission expires , 20/ 2 -3- Revised 12/5/07 rol work if applicable; and, c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning ordinances and not commit waste; and, d. keep the property taxes current during the 36-month term the OWNER is required to own 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, -2- Revised 12/5/07 days from date that the Contractor signs this contract), the Contractor may refuse to be bound by the terms of this Contract. If, however, a properly executed and approved copy of this Contract is delivered after the above date and the Contractor subsequently performs work or delivers materials to the Property, the Contractor shall be bound by the contract. For the purposes of this paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the Contractor upon mailing by the City to the Contractor's address shown above. The Contractor shall not be compensated under this Contract for work commenced or materials delivered to the Property before the Effective Date. 2. THE CONTRACT: This Contract consists only of this Part 1 (Specific Terms) and the following attachments: A. Schedule of Work (work write-up dated March 5, 2009); 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$30,362.79. 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- 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, -2- Revised 12/5/07 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 the Owner and the City, permit sign-off (if applicable), submission of satisfactory Contract by pp 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) -3 - he 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- 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, -2- Revised 12/5/07 7. 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. (Owner) arilyn Prince Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Witness) ( ate) White's Construction (Contractor) (Date) BY: TITLE: 0_0 ci • ne (Date) Approved b the City on , 20 , BY: of • en N. Jensen, AICP, LA 4 TITLE: Planning Director Mailed to CONTRACTOR, and Effective on , 20 , -4- 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: -5 - anty 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) -3 - he 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- 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, -2- Revised 12/5/07 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. -6- 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, -2- Revised 12/5/07 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 -7- ing; 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, -2- Revised 12/5/07 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; or, F. Any employee of HUD above a GS-9 level. 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 -8- ed 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 -7- ing; 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, -2- Revised 12/5/07 • he/she may enter into in connection with this Contract. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the locality setting forth the provisions of this nondiscrimination clause. B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to their race, color, religion, sex or national origin. C. The Contractor will send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, (or as may be amended) and of the rules, regulations, and relevant orders of the U. S. Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, (or as may be amended) and by the rules, regulations and orders of the Secretary of Labor and/or the U.S. Secretary of Housing and Urban Development and will permit access to his/her books, records, and accounts by the Secretary of Housing and Urban Development, or his/her designees, and the Secretary of Labor, or his/her designees, for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. 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 -9 - rehabilitation work, and the Contractor will take all steps necessary -7- ing; 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, -2- Revised 12/5/07 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order which the property owner or the Secretary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the property owner or the Secretary of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interest of the Secretary of Housing and Urban Development of the United States. 14. TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES: The Contractor agrees to abide by the following provisions and to include them in any subcontract into which the Contractor enters in performance of the Contract. A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 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 - 10- ing; 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, -2- Revised 12/5/07 . notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the subcontractor has first provided him/her with a preliminary statement of ability to comply with the requirements of these regulations. E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the Contract, shall be a condition.of the Federal financial assistance provided to the project, binding upon the applicant .or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, his/her contractors and subcontractors, all successors, and assigns to those sanctions specified by the grant and/or loan agreement or contract through with Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135. 15. DEFAULT PROVISIONS: 1. Remedies. If, through any cause, the Owner shall fail to fulfill in a timely and proper manner any obligations under this Agreement, or violates any of the covenants, representations, or agreements hereof, the City may upon written notice terminate this Agreement or such parts thereof as to this Agreement, and may initiate foreclosure proceedings for any damages caused to the City by reasons of such default and termination. a. Gross Negligence. In the event of default, gross negligence or other substantial noncompliance, the outstanding amount of the loan at the time of default shall be due and payable immediately from the Owner, its successors and assigns, to the City. 16. 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 - 11 - 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 - 10- ing; 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, -2- Revised 12/5/07 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 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. Q:\HCD Forms\REHABILITATION CONTRACT.doc - 12- e 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 - 11 - 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 - 10- ing; 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, -2- Revised 12/5/07 NAHTF F oM"""'"Fe PlanningDepartment o ��°s; Marilyn -a ri I y n Prince Omaha/Douglas�Civic Center vWittNiael 3! 14 Seward St. 1819 Farnam Street,Suite 1100 z ^� Omaha,Nebraska 68183 TrT,-.. :: � Omaha Ne. 68131 o�. _ (402)444-5150 oR J �� i- Ph: 932- 9025 Telcfax(402)444-6140 -1TFD FEBR�t• Ci of Omaha Const. Specialist : Bob Pickeral Steven N.Jensen,AICP,LA Director Mike Fahey,Mayor P h: 444-1602 The Contract Bid Documents Consist of Three (3) Parts: 1). Cover sheet, (page 1). 2) Lead Hazard Control Plan, Interim Control and Abatement of Lead Based Paint Hazards. (pagesl, 2, & 3). 3). Non-Lead Work (pages 3, 4, 5, and 6) 4). Signatures, (page 7) For Window Replacement and Paint Stabilization 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 Health and Human Services Regulation and Licensure, Title 178 Chapter 23 Lead Base paint regulations. • Coordinate daily construction schedule with the occupant. • Move all furniture and appliances necessary to do required work. Large furniture left in containment areas may be wrapped with plastic, (sealing all joints) unless directly interfering with work. • 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. • Use trained, certified, supervised workers to do the abatement work and paint stabilization. • HEPA vacuum and clean all surfaces and horizontal surfaces to achieve clearance. • Schedule clearance testing after lead hazard reduction work and cleaning. nd 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 - 11 - 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 - 10- ing; 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, -2- Revised 12/5/07 • Protect the owner's personal property: Any damage due to lack of protection shall be the contractor's responsibility. • Make every effort to match existing materials and surrounding surfaces unless otherwise directed by the Construction Specialist. • Examine worksite to determine conditions and what is required to perform the work. -The bid includes cost to perform the lead work and cost to achieve clearance. The Homeowner Shall: - Remove, clean and store all window coverings and curtains before work begins. - Reinstall the window coverings after work is complete and clearance achieved. - Provide an unobstructed work area prior to performance of work in each area. - Remove and store away all necessary pictures, lamps, knick-knacks, valuables, etc. Lead Hazard Reduction Work & Paint Stabilization Lead Hazard Work at Windows 1 . Install (20) twenty double-hung white color, Low E, insulated glass, argon filled, vinyl replacement windows with full screens, to match existing vinyl windows. 2. Install (1) one fixed white color, Low E, insulated glass, argon filled, vinyl replacement window. 3. Install (2) two slider basement windows, Low E, insulated glass, argon filled, white color vinyl, with screens, to replace existing basement windows.. The following procedures must be adhered to: a) Remove designated windows from exterior using lead safe work procedures. b) Remove storm windows and haul away. c) Mist to remove the existing sashes hardware, necessary stops and storm windows. - Remove pulleys, ropes, weights. - Insulate the cavities where weights were contained. - Install new exterior stop trim and extension jambs and sills as necessary. d) Prepare and metal wrap all exterior trim, stop, sills, etc. where not already wrapped. e) Wet scrape all window well surfaces & prime paint prior to new sash replacement installation. f) Wet sand all interior sill (stool) surfaces so as to be smooth and cleanable. - Apply primer coat and 2 finish coats semi-gloss paint to previously painted surfaces. - Apply 2 finish coats polyurethane finish to previously stain and varnished surfaces. g) HEPA vacuum and clean all window trough, sill surfaces, and carpet as necessary to pass clearance. .Approved Window Manufacturers 1 . Simonton Prisma Ultra Gold 2. Stanley Pro-Fit 3 Winnova CVD-200 4 Ellison Series 1300/1500/1600 5. Silverline 8500/9500 6 Pella ThermaStar 7. Gerkin Series 4800 2 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 - 11 - 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 - 10- ing; 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, -2- Revised 12/5/07 a1 General Lead Reduction Work 1 . Remove existing bathroom door and reverse swing. 2. Remove in bathroom all plaster/ drywall on walls and ceiling above. Clean lath, ready for drywall. 3. Lightly wet scrape and repaint all previously painted doors and all trim on first and second floors. Strip and repaint all impact surfaces on the doors and jambs as well as all window sills. 4. Remove the existing door going to basement and install new, including door knob and deadbolt . 5. Wet scrape and repaint all previously painted surfaces, including ceiling and floor surfaces of the front porch using EPA approved lead safe working procedures. 6. Wet scrape and repaint all previously painted surfaces on exterior of house including trims, foundation, lattice, and eaves. 7. Remove door and jamb on all exterior doors except the front garage door, which must be scraped and painted using lead safe methods. 8. Repair all drywall and repaint all rooms of house, walls as well as ceilings and trim, including sleeping porch on upstairs bedroom and stairway to basement. Ceiling of sleeping porch to be repaired before painting. Stairs and all trim work are also to be scraped and painted. All work to be done using lead safe procedures. 9. Scrape and paint center beam in basement as well as columns and basement floor using lead safe practices. 10. Vacuum all loose paint chips using a shop vacuum with a HEPA filter on exterior and HEPAVAC interior. Non-Lead Items-- Exterior Concrete and Site Work: 1. Dig out dirt in front of rear basement doorway and install 6'x 6' concrete pad. Remove concrete pieces in rear and slope dirt to fall away from house and pad. 2. Remove all loose mortar along foundation and replace with new. Dig down approximately one foot below existing ground level and repair where obvious cracking occurs. Repair or replace all broken brick and block work. 3. Install new topsoil backfill around house to project a positive drainage away from house, tamping lightly after installation. Seed and straw new soil using a quick grow rye with a bluegrass mix. 4. Remove cedar tree at the front of house, including stump, and fill area with dirt, then seed and straw. 5. Remove block at the garage foundation and reinstall as necessary to repair foundation. 6. Seed and straw any bare soil disturbed due to construction. 7. Tuck point chimney on roof, repairing any loose brick. 8. Install one window well on west side, filling approx. one foot deep below window with gravel. 9. Remove concrete steps at rear garage door and install new 4'x4' wood landing, with steps going to existing concrete pad. 10. Remove existing and install new driveway to match existing in size but changing pitch to roll away from garage. Carpentry and Misc. 1 . Remove existing front iron hand railing and install new, painted black. 2. Remove all storm windows on front porch and install new white metal storm windows. 3 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 - 10- ing; 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, -2- Revised 12/5/07 3. Install new fascia metal on west side first floor bump-out, repairing any damaged wood underneath existing fascia. Install new shingles and gutter apron as necessary to adequately repair overhang. 4. Repair/replace siding, soffits, and corners as needed to remove dents, cuts, or missing siding. 5. Clean gutters and then adequately reattach them to house. 6. Replace existing fascia on garage with new aluminum after repairing sub-fascia, then install new gutter and downspouts. 7 Caulk plywood covering window openings in basement garage and above garage, then paint with one coat primer and two coats enamel. 8 Install new six panel metal doors on side and rear doors. Install new four panel metal door with lite above panels on front door. Paint all doors two coats of enamel homewner's choice of color. All doors to have standard exterior lock and deadbolt, all keyed alike, with peep holes in front and side doors, ($800.00 allowance for all). 9 Remove front storm door and install new, Larson or equal storm door. ($ 150.00 allowance). 10. Remove bathroom window on second floor and install 5/8" ACX plywood. Caulk and paint plywood, using one coat of primer and two coats of enamel. 11 . Install new address numbers at front of house, meeting code in size and location. 12. Cover windows in attic on front of house with ACX plywood. Caulk and paint plywood, using one coat of primer and two coats of enamel. Plumbing 1 . Install two new frost free sillcocks and secure to house. HVAC 1 . Install wall bracing for window AC units. Electrical 1 —�'�4i I I Fl T I1 n n I��i.�7rlTT�iFe I RDA 1 7 e l 17 07 G 2. Install one GFI outlet, as close to side door as possible. 3. Replace light over front, side, and rear doors, ($100.00 allowance). Interior Carpentry and Misc. 1 . Install new door hardware to replace existing as well as door bumps. Paint doors with one coat of sealer and two coats of paint. 2. Remove any laminate backsplash needed due to new GFI wiring. 3. Install new hand railing per code at both basement and second story stairways. 4. Frame wall in bathroom to allow for a 36"x 48" shower and close in window. 5. Install new drywall on bathroom walls and ceiling except tub area, which will be durorock or equal. Ceiling to be finished flat. 6. Re-trim bathroom and paint walls and ceiling. 7. Install new door bump and door handle to match others as close as possible. 4 deep below window with gravel. 9. Remove concrete steps at rear garage door and install new 4'x4' wood landing, with steps going to existing concrete pad. 10. Remove existing and install new driveway to match existing in size but changing pitch to roll away from garage. Carpentry and Misc. 1 . Remove existing front iron hand railing and install new, painted black. 2. Remove all storm windows on front porch and install new white metal storm windows. 3 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 - 10- ing; 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, -2- Revised 12/5/07 8. Install new toilet paper holder, towel bar, towel ring, shower door, and vanity mirror,( $300.00 allowance). 9. Remove existing vinyl flooring and install new IA inch underlayment and vinyl sheet flooring, ($16.00 yd. allowance). 10 Clean mold off walls in basement and repair all damaged brick, including at stairs. Paint all basement walls. 11 Remove and haul away all existing shelving in basement. Install one new shelf at the washer. 12. Prime and paint toilet wall in basement with one coat of primer and two coats of paint. 13. Clean dirt off basement floor and haul out of building. 14. Repair any drywall damaged due to construction and apply paint touch up. HVAC 1. Service furnace. 2. Remove and replace supply register at entry and in upstairs bathroom. 3. Install new metal dryer hard pipe per code from new location of dryer to exterior. Electrical 1. Install GFI outlets in the kitchen over counter with sink. 2. Install new light at top of stairs at entry as well as new bedroom lights in all bedrooms, ( $60.00 allowance ). 3. Install GFI outlet in bathroom. 4. Install exhaust fan with light and new switch in bathroom. 5. Install new vanity light and switch, ( $60.00 allowance ). 6. Install switch and light in basement stairwell. 7. Install all basement lighting on one switch at the base of stairway. 8. Clean up all wiring in basement to meet code. 9. 10. Install hard wired smoke detector/carbon monoxide detector in basement, and smoke detectors on first and second floors to meet all codes. 11. Install GFI washer outlet in basement per code, as well as dryer wiring and outlet in new location by washer. Install new pigtail for dryer. 12. Install new doorbell on front porch door with new chimes. Plumbing 1. Remove existing kitchen sink, including drain, and replace with new stainless steel sink, Moen or equal faucet, and drain to code, ($250.00 allow.) 2. Remove existing tub and pipe for shower, adjusting for change in location due to shower. 3. Remove existing toilet and sink. 4. Install new fiberglass shower unit, Moen or equal shower faucet, toilet, and pedestal sink with Moen or equal faucet, ( $1100.00 allowance). 5. Install new laundry box and drain, as well as laundry sink and stand. Install standard Moen or equal faucet. Vent all to meet code. 6. Replace existing floor drain in basement floor with new to code. 7. Remove existing and install new basement toilet. Correctly vent to meet code. 5 with steps going to existing concrete pad. 10. Remove existing and install new driveway to match existing in size but changing pitch to roll away from garage. Carpentry and Misc. 1 . Remove existing front iron hand railing and install new, painted black. 2. Remove all storm windows on front porch and install new white metal storm windows. 3 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 - 10- ing; 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, -2- Revised 12/5/07 By signing this work write up you as the homeowner are certifying: -Complete understanding of all work items listed. -Only work items listed are to be bid on and done by the Contractor. -Any additional work must first be approved by the Planning Department. • ‘7)/k .2a Owner: arilyn Prince. Date Owner: Date 6 arilyn Prince Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Witness) ( ate) White's Construction (Contractor) (Date) BY: TITLE: 0_0 ci • ne (Date) Approved b the City on , 20 , BY: of • en N. Jensen, AICP, LA 4 TITLE: Planning Director Mailed to CONTRACTOR, and Effective on , 20 , -4- -- -- t _ J. ',‘'.64,,, '`,,- ' , : i„..i''''':- ! l ' �J..._ ! fl,, L }4.: • \ L. ._ {,n { • et rk ea • • II 4. 44),„.f. • •. .... . .‘ :: 4 4 ...._ , • ,. # ,t v''G r41 ' ,i? i3: t a • - 1. tr - ..,; i v>c.. ram^ ... - it ��'.,,03,,,..:le f ; . At.,4',..k.,,.' • iv il;` ' . 4.. . C ,! �'i , 20 , -4- , . . "• te-V 2e.--:‘. ,) '''''''ae ., , i ", e „..!; 4:, r: 41•-•: '' ,r.._ - t "s''' . • t•ts • .,,,:- - `0,.." .... .., ... ..•....' ,.. ... . . ., i t *It; '• %..-`4' , . -- I ...... l' „ v, ,, .., ,, , , • 4 4 ..,„ .,•,,‘, •.-,,,,,..ot, i., . ., t*. _. .. ,':. '•"' ) _ 1 4 : 1 , i' i . : , / ce , , • ,,• -. , ,,• -1-•• • ••',' , v .. 1 . , 'tr' 1 i 1 . .... ' 1 —, -— i i ,, ...., : ,ru ' [ik ) • Cs) • , , , 1 basement to meet code. 9. 10. Install hard wired smoke detector/carbon monoxide detector in basement, and smoke detectors on first and second floors to meet all codes. 11. Install GFI washer outlet in basement per code, as well as dryer wiring and outlet in new location by washer. Install new pigtail for dryer. 12. Install new doorbell on front porch door with new chimes. Plumbing 1. Remove existing kitchen sink, including drain, and replace with new stainless steel sink, Moen or equal faucet, and drain to code, ($250.00 allow.) 2. Remove existing tub and pipe for shower, adjusting for change in location due to shower. 3. Remove existing toilet and sink. 4. Install new fiberglass shower unit, Moen or equal shower faucet, toilet, and pedestal sink with Moen or equal faucet, ( $1100.00 allowance). 5. Install new laundry box and drain, as well as laundry sink and stand. Install standard Moen or equal faucet. Vent all to meet code. 6. Replace existing floor drain in basement floor with new to code. 7. Remove existing and install new basement toilet. Correctly vent to meet code. 5 with steps going to existing concrete pad. 10. Remove existing and install new driveway to match existing in size but changing pitch to roll away from garage. Carpentry and Misc. 1 . Remove existing front iron hand railing and install new, painted black. 2. Remove all storm windows on front porch and install new white metal storm windows. 3 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 - 10- ing; 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, -2- Revised 12/5/07 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant (CDBG) funds under Title 1 of the Housing and Community Development Act of 1974, as amended, for the purpose of benefiting low- and moderate-income residents, eliminating slum and blight and for other urgent community development needs; and, WHEREAS, the Mayor recommended various projects in the 2009 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan); and, WHEREAS, the City Council approved the 2009 Consolidated Plan on October 8, 2008 by Resolution No. 1492, as amended, which included the North NRSA Single-Family Target Area Rehabilitation Program; and, WHEREAS, the U.S. Department of Housing and Urban Development has awarded the City Nebraska Affordable Housing Trust Fund (NAHTF) under Grant No. 07- TFHO-7087; and, WHEREAS, this property is eligible for funding under the North NRSA CDBG Single-Family Target Area Rehabilitation Program, the Lead-Based paint Hazard Control Program, and the Nebraska Affordable Housing Trust Fund Program; and, WHEREAS, the best bid was received in an amount of$30,362.79 from White's Construction, to perform rehabilitation work and lead reduction work at the property owned and occupied by Marilyn Prince, located at 3714 Seward Street, Omaha,Nebraska 68111; and, WHEREAS, the total project cost is $30,362.79; and, WHEREAS, this project is in the best interest of the residents of the City of Omaha and those residing therein. By Councilmember Adopted City Clerk Approved Mayor new pigtail for dryer. 12. Install new doorbell on front porch door with new chimes. Plumbing 1. Remove existing kitchen sink, including drain, and replace with new stainless steel sink, Moen or equal faucet, and drain to code, ($250.00 allow.) 2. Remove existing tub and pipe for shower, adjusting for change in location due to shower. 3. Remove existing toilet and sink. 4. Install new fiberglass shower unit, Moen or equal shower faucet, toilet, and pedestal sink with Moen or equal faucet, ( $1100.00 allowance). 5. Install new laundry box and drain, as well as laundry sink and stand. Install standard Moen or equal faucet. Vent all to meet code. 6. Replace existing floor drain in basement floor with new to code. 7. Remove existing and install new basement toilet. Correctly vent to meet code. 5 with steps going to existing concrete pad. 10. Remove existing and install new driveway to match existing in size but changing pitch to roll away from garage. Carpentry and Misc. 1 . Remove existing front iron hand railing and install new, painted black. 2. Remove all storm windows on front porch and install new white metal storm windows. 3 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 - 10- ing; 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, -2- Revised 12/5/07 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska 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 Lead-Based Paint Hazard Control Grant in the amount of $1,000.00, a Nebraska Affordable Housing Trust Fund Grant in the amount of$21,500.00, and a Community Development Block Grant (CDBG) Grant in the amount of$7,862.79, for a total of$30,362.79 for the rehabilitation and lead reduction work at the property owned and occupied by Marilyn Prince located at 3714 Seward Street, Omaha, Nebraska 68111 is hereby approved. The contract is to be awarded to White's Construction. Funds in the amount of $1,000.00 shall be paid from the Lead-Based Paint Hazard Control Program, Fund No. 12136, Organization No. 128018, $21,500.00 shall be paid from the Nebraska Affordable Housing Trust Fund Program, Grant Award No. 07-TFHO- 7087, Fund No. 12141, Organization No. 128112, and $7,862.79 shall be paid from the North NRSA CDBG Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114. PRO ED AS TO FORM: 1 • CITY ATTORNEY Di TE Lsfrink1248-res By Councilmember Adopted MAY - 5 2009 - City Clem.//e, Approved.. ' Mayor perty owned and occupied by Marilyn Prince, located at 3714 Seward Street, Omaha,Nebraska 68111; and, WHEREAS, the total project cost is $30,362.79; and, WHEREAS, this project is in the best interest of the residents of the City of Omaha and those residing therein. By Councilmember Adopted City Clerk Approved Mayor new pigtail for dryer. 12. Install new doorbell on front porch door with new chimes. Plumbing 1. Remove existing kitchen sink, including drain, and replace with new stainless steel sink, Moen or equal faucet, and drain to code, ($250.00 allow.) 2. Remove existing tub and pipe for shower, adjusting for change in location due to shower. 3. Remove existing toilet and sink. 4. Install new fiberglass shower unit, Moen or equal shower faucet, toilet, and pedestal sink with Moen or equal faucet, ( $1100.00 allowance). 5. Install new laundry box and drain, as well as laundry sink and stand. Install standard Moen or equal faucet. Vent all to meet code. 6. Replace existing floor drain in basement floor with new to code. 7. Remove existing and install new basement toilet. Correctly vent to meet code. 5 with steps going to existing concrete pad. 10. Remove existing and install new driveway to match existing in size but changing pitch to roll away from garage. Carpentry and Misc. 1 . Remove existing front iron hand railing and install new, painted black. 2. Remove all storm windows on front porch and install new white metal storm windows. 3 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 - 10- ing; 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, -2- Revised 12/5/07 r o n srj ti '� p "d 'd CDC o n °, tz 0 CD 5. CJo00 p.:vo 0 0 . " a CI. � o cn b� o, a s F, o � O A) .0 0 td � co 7d o w r,.. a- nN• � .1yO N' x � � N aN p' 1-h ) �p CD °° rnm -I ° fop 5 • N 0 (� aV) a 0 w" C c, cp o a4 .-- pw ' O (. cn O CD d O O R. C) F a Cm ' NQ7 NP Cr� Zr. yy y co \ ' po u " o p c. PC1'CS [J oc co n Q. y w a . � yo 00 o a' ,.lyCD zb0 5tp � c�o � a Cl.. ' Z d N w -y 00 N CD O CD OQ 0 n z CC) U7 0 ° o o. a ,-t c� w o a U i 6 w A. x a w 5. o "`\\\ ▪ _ 0CD N0, � O a' o p- � 'Y a 1O � "' Oxw p' 0 n '71 '4� pH � � pE, a � w � o o � o cv r✓ w oo V,, v, 0 w 2 ,y w o g w a • aV' aCCo . a ° o < .1Q, f w .cc �. p' vwi • • .4., 1* W er Adopted MAY - 5 2009 - City Clem.//e, Approved.. ' Mayor perty owned and occupied by Marilyn Prince, located at 3714 Seward Street, Omaha,Nebraska 68111; and, WHEREAS, the total project cost is $30,362.79; and, WHEREAS, this project is in the best interest of the residents of the City of Omaha and those residing therein. By Councilmember Adopted City Clerk Approved Mayor new pigtail for dryer. 12. Install new doorbell on front porch door with new chimes. Plumbing 1. Remove existing kitchen sink, including drain, and replace with new stainless steel sink, Moen or equal faucet, and drain to code, ($250.00 allow.) 2. Remove existing tub and pipe for shower, adjusting for change in location due to shower. 3. Remove existing toilet and sink. 4. Install new fiberglass shower unit, Moen or equal shower faucet, toilet, and pedestal sink with Moen or equal faucet, ( $1100.00 allowance). 5. Install new laundry box and drain, as well as laundry sink and stand. Install standard Moen or equal faucet. Vent all to meet code. 6. Replace existing floor drain in basement floor with new to code. 7. Remove existing and install new basement toilet. Correctly vent to meet code. 5 with steps going to existing concrete pad. 10. Remove existing and install new driveway to match existing in size but changing pitch to roll away from garage. Carpentry and Misc. 1 . Remove existing front iron hand railing and install new, painted black. 2. Remove all storm windows on front porch and install new white metal storm windows. 3 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 - 10- ing; 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, -2- Revised 12/5/07