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RES 2009-0024 - Agmt for rehabilitation work at 6201 S 33rd St �, Planning Department � A-�7i► O 1\ Omaha/Douglas Civic Center WelV"'^'^ 1819 Farnam Street,Suite 1100 ® �1 ,, 08 DEC 3 I PM 12: ! j Omaha,Nebraska 68183 1 1A <' ti (402)444-5150 • °� � < �'� CLERK(_ , 1 Telefax(402)444-6140 �?ED FEB03. M A H 'E B tR • A Steven N.Jensen,AICP,LA City of Omaha "Jan'nary 13, 2009 Director Mike Fahey,Mayor Honorable President and Members of the City Council, The attached Resolution approves a grant agreement in the amount of $30,048.00 between the City of Omaha and Larry R. Benak, Sr. and Debra S. Benak for the rehabilitation of the property that Mr. and Mrs. Benak own and occupy, located at 6201 South 33rd Street, Omaha, Nebraska, 68107. Mr. and Mrs. Benak's total household income is 79.06% of the Median Income by Family Size, as established annually by the Department of Housing and Urban Development. The contractor is Goly Young. • Funding is comprised of a grant in the amount of $16,448.00 from FY 2008 Community Development Block Grant (CDBG) Single-Family Target Area Rehabilitation Program (South NRSA), Fund No. 12186, Organization No. 129114 and a grant in the amount of $13,600.00 from the Nebraska Affordable Housing Trust Fund (NAHTF), Grant No. 05-TFHO-750, Fund No. 12141, Organization No. 129313, for a total of$30,048.00. The rehabilitation of this single-family home meets the requirements of the Federal CDBG Program, the NAHTF, the City's Underwriting Guidelines and is consistent with the FY 2008 Consolidated Submission for Community Planning and Development Program approved by the City Council on November 6, 2007 by Resolution No. 1278, as amended. The Contractor, Goly Young, 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. Since•ely, Referred to City Council for Consideration: even N. Jensen, AICP, LA 46, Date Mayor's Office Date p' ,.Planning Director Approved as to Funding: Approved: / V' ' Carol A. Ebdon .T tvo i Date , Human Rights, Relations De rtment Date Finance Director PLNLSF1205-cover letter tor P Human Rights and Relations Department 1283scp n are met, the City of Omaha will and/or conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during of the Contract, in whole or in part; or contract performance. The Contractor shall (4) Any other penalty set forth in the City of bring to the attention of the Human Omaha's Contract Compliance Relations Director any situation in which Ordinance. regularly scheduled progress payments are not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 1 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, Larry R.Benak, Sr. and Debra S. Benak hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 6201 South 33rd Street and legally described as follows, to wit: Lot 158, Upland Park Addition, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska, together with the south one-half of the vacated alley adjacent to the North (commonly known as 6201 South 33rd 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 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 grant of such funds for lead-based paint hazard control. • In consideration of the mutual agreements herein contained,the parties hereto agree as follows: ri -1- Revised 12/5/07 Since•ely, Referred to City Council for Consideration: even N. Jensen, AICP, LA 46, Date Mayor's Office Date p' ,.Planning Director Approved as to Funding: Approved: / V' ' Carol A. Ebdon .T tvo i Date , Human Rights, Relations De rtment Date Finance Director PLNLSF1205-cover letter tor P Human Rights and Relations Department 1283scp n are met, the City of Omaha will and/or conduct specific reviews of the Contractor's (3) Cancellation, termination or suspension PBE/DBE involvement efforts during of the Contract, in whole or in part; or contract performance. The Contractor shall (4) Any other penalty set forth in the City of bring to the attention of the Human Omaha's Contract Compliance Relations Director any situation in which Ordinance. regularly scheduled progress payments are not made to PBE/DBE subcontractors. 7. For the information of Bidders, Contract Compliance Ordinance outlines the City of In submitting its bid, the Bidder is certifying that it Omaha's rules, guidelines and criteria for (a) has contacted City of Omaha Human Relations making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS ry ! • • Section 1. The following terms shall have the following meaning for all purposes in this Agreement: a. "Construction Contract" shall mean the contract for certain construction work at the property as follows: Contractor: Goly Young Date Contractor Signed: December 5, 2008 LHC File No.: - HCD File No: '08-HCD/3119 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 Forty-eight and 00/100 dollars ($30,048.00) or the actual funds disbursed as shown on the HCD Loan Program Disposition of Funds Statement,provided that: a. the proceeds from this grant shall be paid-in-full to the Contractor when the City issues a certificate of completion pursuant to the construction contract and the City certifies that lead dust wipe samples have met clearance standards in accordance with HUD regulations; and b. the construction contract and any change thereto shall be first approved by the Director. c. in the event that Lead-based Paint Hazard Control Funds are not available, the Director may substitute Other Funds that may be available for the completion of the project. Section 3. This grant to the OWNER(s) shall be provided from various funding sources in the following combination: Lead-based Paint Hazard Control Funds (HUD NELHB 0301-05) $- State of Nebraska NDEQ Funds $- State of Nebraska Affordable Housing Trust Funds(05-TFHO-750 ) $13,600.00 Community Development Block Grant Funds $16,448.00 Other Funds $- Total amount $30,048.00 Section 4. The OWNER(S) authorizes the CITY to make grant payments directly to the Contractor. Section 5. The OWNER(S) shall: a. own the premises and reside at the premises for a term of at least thirty-six (36) months. The thirty-six(36)month term shall begin the date of closing for this grant; and, b. only use the grant for the lead-based paint hazard control work if applicable; and, 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS t r-s 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 I 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. d� // a 0� (l L_„,-.—iL /a`-1a 3/o si LarryR enak, Sr. Date Debra S. Benak Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) NOn this ay of .J -er eI bt r 2008 A.D., before me, ot( �- _ O oic , a Notary Public in and for said County, personally came Larry R. Benak, Sr. an Debra S. Benak,personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and they acknowledged the said instrument and the execution thereof to be their voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. GENERAL NOTARY State of Nebraska Ili NORITA A.COLLAR m-.5. ..4 My Comm.Exp.July 22,2010 o ary public My Commission expires f �1^ , 20/ -3- Revised 12/5/07 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • CITY OF OMAHA, a Municipal Corporation ames R. Thele oc.�? Assistant Planning Director STATE OF NEBRASKA ) ) § COUNTY OF DOUGLAS ) ,�` On this ,� y day of fi r2 C e144,/9-e t" , , before me the undersigned, a Notary Public in and for said County, personally came 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 Nebraskaaiegt7' f/(l,,' NORITA A.COLLAR ��- WJ My Comm.Exp.July 22,2010 otary Public My Commission expires ,d\6/71 APPROVED AS TO FORM: AssistantjCity Attorney 1 Datt • • -4- Revised 12/5/07 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 I 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. d� // a 0� (l L_„,-.—iL /a`-1a 3/o si LarryR enak, Sr. Date Debra S. Benak Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) NOn this ay of .J -er eI bt r 2008 A.D., before me, ot( �- _ O oic , a Notary Public in and for said County, personally came Larry R. Benak, Sr. an Debra S. Benak,personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and they acknowledged the said instrument and the execution thereof to be their voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. GENERAL NOTARY State of Nebraska Ili NORITA A.COLLAR m-.5. ..4 My Comm.Exp.July 22,2010 o ary public My Commission expires f �1^ , 20/ -3- Revised 12/5/07 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • REHABILITATION CONTRACT Loan Number: � /1 w t( 1 i This Contract is between Larry R. Benak, Sr. & Debra S. Benak (Owner's Name) of 6201 South 33td Street , Omaha,Nebraska (Owner's Address) (City and State) (referred to herein as the "Owner" and Goly Young (Contractor's Name) of 5333 North 45th Street , Omaha, Nebraska (Contractor's Address) (City and State) a Sole Proprietorship (referred to herein as the "Contractor") 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 6201 South 33rd 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 and app wed copy of the Contract is not delivered to the Contractor on or before, — , 2009, (date equal to sixty (60) Date) - 1 - 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. d� // a 0� (l L_„,-.—iL /a`-1a 3/o si LarryR enak, Sr. Date Debra S. Benak Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) NOn this ay of .J -er eI bt r 2008 A.D., before me, ot( �- _ O oic , a Notary Public in and for said County, personally came Larry R. Benak, Sr. an Debra S. Benak,personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and they acknowledged the said instrument and the execution thereof to be their voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. GENERAL NOTARY State of Nebraska Ili NORITA A.COLLAR m-.5. ..4 My Comm.Exp.July 22,2010 o ary public My Commission expires f �1^ , 20/ -3- Revised 12/5/07 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • 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 September 23, 2008); 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$30,048.00. 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- 7 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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) -3 - p 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- 7 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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. /eLf-e,A-- ‘leA /A V9 dj,L,4 /.11 hi ? (Own Larry R. Benak, Sr. ( ate) (Owner) Debra S. Benak (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) Ada/. (Witness) ' (Date) Goly Young /2- (Contractor) (Date) BY. TITLE r / //P-bif '.117 lrtn?rss) ( ate) Approved by the City on O€L,{Y)b-Q,Q- 2 Li , 20 b , BY: — 72- c Leven N. Jensen, AICP, LA At TITLE: Planning Director Mailed to CONTRACTOR, and Effective on , 20 -4- ut 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 - p 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- 7 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 - y; 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 - p 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- 7 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 - mount of work completed. Final -2- 7 • 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 - siding 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 - 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 - siding 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 - tation work, and the Contractor will take all steps necessary -7 - siding 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order which the property owner or the Secretary of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the property owner or the Secretary of Housing and Urban Development, the Contractor may request the United States to enter into such litigation to protect the interest of the Secretary of Housing and Urban Development of the United States. 14. TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES: The Contractor agrees to abide by the following provisions and to include them in any subcontract into which the Contractor enters in performance of the Contract. A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 u. Section 13 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area(s) and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development as set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment and/or training. 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- -7 - siding 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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 - inancial 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- -7 - siding 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 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- onsecutive 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 - inancial 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- -7 - siding 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS i .I !, n n cc . - o 2 °' co 0 Z - A 0 m a -v n P ° 7 CI. 7 n Cn= wn zO n ,to R Zh O <U aR a n D4cn O D ,, 0 D O ' 7g-n [?d Z C.-) >9 b9 ; - W � IW N 4) F...) T W co < . in. Ow ' En �1 NO. W H n 0, x O VJ N C so ' C ro O C w 7 ;D OO * 69 = w w N ^ O O • O Z N (n a. OZj 0 C n CI ril 2 Ctg CI lr7 N --, rn O 'z rn N N . . d = d \p O s .. O 00 0 • -o o co w 6A W 00 W w w a A O y < N Cn tJ O c9 0\ A _ . 00 00 CD O O O 00 * 0 N Q- a CD ci) w v W . C 5 � m �DJm > zO7 cmnb p C�j d ` CA dJ —I00 H -' � m m •00 < rn 17) d xi v C ti G H C cn CD . D N bursement 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- onsecutive 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 - inancial 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- -7 - siding 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 ons making determinations as to the legitimacy of Department prior to bid opening regarding this PBE/DBEs, (b) ensuring that contracts are project and has afforded subcontractors participating awarded to Bidders that meet PBE/DBE goals. in the PBE/DBE program the opportunity to submit bids on this project. Failure to comply with the above shall result in the bid being rejected by the 8. The Bidder/Contractor shall cooperate with the City of Omaha. Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • Aug. '1b. 1UUd IU : JAM ALL AIVILKIUAIV IIVJUKNIVUL ro. J /oV r. I/ L is ACORD • m C DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/25/2008 _ PRODUCER (402) 895-6474 FAX: (402) 895-5667 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE All American Insurance, West Omaha HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4967 South 155th Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Omaha NE 68137 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Iowa Mutual Group Goly Young Construction INSURER B: 5333 N 45th St INSURERC: INSURER D: Omaha NE 68104 • INSURERS: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS I LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) - GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 • DAMAGE TO RENTED 50 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ , A CLAIMS MADE X OCCUR A020494MN 8/26/2008 8/26/2009 MED EXP(Any one person) $ 10,000 • PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000+ X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ • (Per accident) NON-OWNED AUTOS • PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND TORY LIMITS L MITS E R EMPLOYERS'LIABILITY 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? A020494MN 8/26/2008 8/26/2009 E.L.DISEASE-EA EMPLOYEE$ 100,000 II yes,describe under 500,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS Auu. 25. 2008 10 : 35AM ALL AMERICAN INSURANCE No, 9I6U N. 2/2 IMPORTANT • If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • • • • • • ACORD 25 (2001/08) Page 2 or 2 INS025(0108).08a MENT 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LIMITS I LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) - GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 • DAMAGE TO RENTED 50 000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ , A CLAIMS MADE X OCCUR A020494MN 8/26/2008 8/26/2009 MED EXP(Any one person) $ 10,000 • PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000+ X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ • (Per accident) NON-OWNED AUTOS • PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND TORY LIMITS L MITS E R EMPLOYERS'LIABILITY 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? A020494MN 8/26/2008 8/26/2009 E.L.DISEASE-EA EMPLOYEE$ 100,000 II yes,describe under 500,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • • Planning Department \ 7 Omaha/Douglas Civic Center t. • • 1819 Farnam Street,Suite 1 1Or1 r f - ti Omaha,Nebraska 68183 (402)444-5150 �� ok . - 4 'I'c1cGu(403)444-6 1 4U rea0.°. Steven N.Jensen, AICP,LA City of Omaha November 10, 2008 Director Mike Fahey,Mayor Mr. L. Robert Puschendorf Deputy State Historic Preservation Officer R E C i\ 'F D State Historical Society 15th & "R" Street NOV 2°08 P.O. Box 82554 Lincoln, NE 68508 STATE HISTORIC PRESERv4TioN OfflcE . NEbr:Ask:\5i:arv' l'liiloricAt SOCiEly RE: 6201 South 331.d Street ry r ' Dear Mr. Puschendorf: • The property referenced above is in an area that has not been surveyed, except by an initial windshield reconnaissance survey for our historic preservation plan, A Comprehensive Program for Historic Preservation in Omaha. The reconnaissance survey did not delineate the area in which this property falls as potential historic district, nor did it. record the property as possessing individual significance. It is our opinion that the property referenced above does not possess sufficient significance or integrity to be eligible for the National Register and therefore, there is no adverse effect on an historic property. Please let us know if you concur• with our opinion. If you have any questions, please call me at 402-444-5530. Sincerely, Edward Dantzler/:.-- Development Section Manager Planning Department CONCUR 1819 Farnam Street Omaha, NE 68183 DE U'11'STATE HISTORIC l'12iiSERvAllON 011,ICIA DATE: 0 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000+ X POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ • (Per accident) NON-OWNED AUTOS • PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND TORY LIMITS L MITS E R EMPLOYERS'LIABILITY 100,000 ANY PROPRIETOR/PARTNER/EXECUTIVE • E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? A020494MN 8/26/2008 8/26/2009 E.L.DISEASE-EA EMPLOYEE$ 100,000 II yes,describe under 500,000 SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • City of Omaha . Hc, ng and Community Development Div. An • • Site Specific Compliance Review Project Name: NAHTF Project Address. 6201 S.33 St. Project Activity: remodel Applicant: Larry and Debra Benak • Statute,Authority, Executive Order, Regulation or Policy cited at 24 CFR§58.5 Determinations and Compliance Documentation • Air Quality • The project activity will pose no threat to the air quality in and around the project [Clean Air Act sections 176(c)&(d), area. and 40 CFR 6, 51, 93] Verified by_Bob Pickeral Date_10/9/08 Runway Protection Zones and The project site is not located within any Runway Protection Zones or an Accident Accident Potential Zones Potential Zones as per the Eppley Airfield Runway Protection Zone, maps dated [24 CFR 51D] September 29, 1997 by Coffman Associates, Airport Consultants and there are no military air fields in the City of Omaha and Douglas County as per Nebraska Department of Aeronautics. Verified by_Bob Pickeral _ Date_10/9/08 Toxic or hazardous Substances Based on field surveys and the City of Omaha's GIS mapping there are no toxic or And Radioactive Material hazardous substances or radioactive materials on or near the project location. [24 CFR 58.5(i)(2)] Verified by Bob Pickeral Date_10/9/08 Explosive and Flammable According to the City Of Omaha's GIS and land records, no Above-Ground Tanks are Operations located within 1,000 feet of the subject property. [24 CFR 51C] Verified by_Bob Pickeral Date_10/9/08 • Floodplain Management The project is not located within a special flood hazard area according to FEMA Flood [24 CFR 55, Executive Order 11988] Insurance Rate Maps. Community Number: Panel 0354 Map Number:31055C0353H Effective Date:Dec 2, 05 Verified by: Bob Pickeral Date_10/9/08 Historic Preservation Historic preservation requirements are met. [36 CFR 800] Verified by 84 �,�k�yl Date 117.1i/81 Noise Control This project activity is not a noise-sensitive use, in accordance with the HUD Noise [24 CFR 51B] Guidebook, 1991. Verified by_Bob Pickeral Date_10/9/08 A site-specific 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 review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS I have reviewed all of the bids submitted for the rehabilitation of my property located at: 6 Z0d w 3 SrL My contractor of choice is: &A-4J Owner • Owner ob3hs Date ed two bids for the above-referenced vehicle unit. Sid Dillon submitted two pricing options. Option 1 was the apparent low bidder at $23,997. However, Option 1 required that the front coil and rear leaf springs be changed to meet the vehicle GVW rating specification. It was the opinion of the Fleet Management Division and the vendor who would be providing equipment to be mounted on the chassis that this was unacceptable as an option. Therefore, the recommendation from this Division is that the bid to be awarded to the second low bid from the Omaha Truck Center in the amount of$27,995. • z / < , C deiter°-- Mayor City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area ❑ Exterior Project ❑ Special Needs ❑ Barrier Removal ❑ Redevelopment Area: X Address: 6201 S 33 St Owner(s): Larry and Debra Banak The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 9/25/2008 General Construction Cost $21,275 $0 Electrical Cost $2,065 $0 Plumbing Cost $1,950 $0 HVAC $100 $0 Overhead and Profit (15%) $3,808 $0 Performance Bond (3%) $0 Total Construction Cost Estimate $29,198 $0 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 ate a9 Initial Inspection Date: 7 )/. Work Write-up Date: 77.,2510? Approved, Development Section Mgr. Date (°//7/0 Cc: file Cheryl Developer Rev. 10/9/2002 d Tanks are Operations located within 1,000 feet of the subject property. [24 CFR 51C] Verified by_Bob Pickeral Date_10/9/08 • Floodplain Management The project is not located within a special flood hazard area according to FEMA Flood [24 CFR 55, Executive Order 11988] Insurance Rate Maps. Community Number: Panel 0354 Map Number:31055C0353H Effective Date:Dec 2, 05 Verified by: Bob Pickeral Date_10/9/08 Historic Preservation Historic preservation requirements are met. [36 CFR 800] Verified by 84 �,�k�yl Date 117.1i/81 Noise Control This project activity is not a noise-sensitive use, in accordance with the HUD Noise [24 CFR 51B] Guidebook, 1991. Verified by_Bob Pickeral Date_10/9/08 A site-specific 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 review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS ` G . ' r 7711/114`� • 1 ' 1. .. ., • • iiii I -;. w r •- e �� 't r ., � 09 . 22 w �1 a _ 3 .e..L6 S74- ate ya.: y' y ; �,yN ' • l •'�" • i�';$ Y .y,3N a,1� + r [' ' t ? � " pl tilt'Gf' .. s i • Y_ k C 1 .}.� 7dk' '{t a }F'a)5.a1 � °i ; f'. ....t 9 •r. rTf' r"F '.t' r f . r Z+SS .* 44 13* t .U:/7 -r/+�,f!5i?!1—.N. 1' ,,. y,,. . v *.-'y, r•a ,✓ `+�. V i JN -r a'I3 .Gcj • ; 9 0. -:',' t,�j P 9 . is Y47 i� Y yt ? i t ram ° ...., cif u •y..4' ') ,- },%�' 4`�,1. , r .T ^ ,, 'A 4 N (IJ�Y�J ,-yT^Q�-_�17 .-�! l ti legoo Q Y ; • i 3 his , � � ( p -� i / _ $ `'�. �' x f# ma y / �X. .-" a • {3 1 t - / t y Development Division, Rehabilitation Section only. The actual cost may vary. Signed, Construction Specialist ate a9 Initial Inspection Date: 7 )/. Work Write-up Date: 77.,2510? Approved, Development Section Mgr. Date (°//7/0 Cc: file Cheryl Developer Rev. 10/9/2002 d Tanks are Operations located within 1,000 feet of the subject property. [24 CFR 51C] Verified by_Bob Pickeral Date_10/9/08 • Floodplain Management The project is not located within a special flood hazard area according to FEMA Flood [24 CFR 55, Executive Order 11988] Insurance Rate Maps. Community Number: Panel 0354 Map Number:31055C0353H Effective Date:Dec 2, 05 Verified by: Bob Pickeral Date_10/9/08 Historic Preservation Historic preservation requirements are met. [36 CFR 800] Verified by 84 �,�k�yl Date 117.1i/81 Noise Control This project activity is not a noise-sensitive use, in accordance with the HUD Noise [24 CFR 51B] Guidebook, 1991. Verified by_Bob Pickeral Date_10/9/08 A site-specific 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 review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS a • 0 ..r • , . jallialit -----01.t---------____, ..410w . ,. .. • .. ..._ ., .. _. _ .... _ .. -,:...,, ,,.., • . •••=11••••........11••••••••• ,,i• ••• r •••,...,, ,,,es.ams.smemsk— s.ssmses..m• ,.. ...' s ... ..- • ' -•' o,' , . r , s . ' .. . ' vs • ' .., ' . . - , -•-•*-- , .`.•••mosT . ,•:. '-. •? [O'rtcl.' ;'i,•`.,kf ?': 111, -..' • •.. •Cit'Z'' • '... ' 41110111111111. - .' ' - . .. . . gajoraihreg,t• , .„.,. .. „- .."'. . -4111111111. , .,.,•'•.45• , . . . . •'. .''`' I t _ . ..i•'• .•.' i'l '' , .- . •` . . . . • • •'': :•.` (IP i °A,"/, Ai . .'' '— '1.r..i.;•ci- ,.i ,.. , • ‘..... 1'- LO.•'.'. s. „ .• '.. '''' . . • .0113 / . S•• 33 4-4- .57-7(----- i J -.4: .• . -:i -. .1:0•1.i- +,t . 2. r'' ''-1 - . • - ., t • ,_ ' liVir,:.. 7:- ,'-• ' '-... .. ' , , . .., • -7•,',IF:#. - . ...• . O.' •.'",••. viC' :"., -.. - - '-' li, . ' .. ,...: ,,,, ..1:-- Ikc-,.. 4 ,.. 4.. "it - • , 0.. `e • f, --ts 1 . • ,:'.fy .... —46• . . , ......"..•*--•' A'„„:".kilL• .'..• r.'.*' . -.. - . 4:=1,_-• - \.., •,;,,1.-.' 4 -71i - • • .',f:or- - ... -4, 7• .„.:',;:-.'.. '1.. _-• .,. 7'.• ta •• ''''\ r• pe:-.... 3,..,,f • • -Tr,• ,424r.,,• • ..:f .• . • • • k '. 4 .• -...' ..alr • tii7'', '. .. ... • ..............r.............. .e, ..i.40 .. i - . ..-.' •...',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS OMAHA,nt' u r, 4,�7 Planning Department Zr .4 Omaha/Douglas Civic Center +rp,: �C``���,�itN 1819 Farnam Street,Suite 1100 � .0 '' � Omaha,Nebraska 68183 �,,�ti• (402)444-5150 NAHTF PROJECT Telefax 402 444-6140 Oq'TeD FEBs t ( ) Steven N.Jensen,AICP,LA City of Omaha Director Mike Fahey,Mayor Larry R. & Debra S. Banok 6201 South 33rd St. Omaha Ne. 68107 Ph: 734-2698 Const. Specialist : Bob Pickeral P h: 444-1602 The Contract Bid Documents Consist of Five (5) Parts: • 1). Cover sheet, general responsibilities for Contractors and Homeowner, (pages 1 & 2). 2). Lead Hazard Reduction Work (pages 2 & 3). 3). Non lead items correlating directly to lead work, (page3). 4). Signatures, (page 4) 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.). • Add contractor pollution liability insurance premium cost of $200.00. • Coordinate daily construction schedule with the occupant. • 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. The Contractor Shall: 1). The sequence of work activities shall be contractor option. 2). Use trained, certified, supervised workers to do the abatement 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 and cleaning. 4) Protect the owner's personal property: - Any damage due to lack of protection shall be the contractor's responsibility. 5) Make every effort to match existing materials and surrounding surfaces. 6) 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. 1 i - . ..-.' •...',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS r � 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, etceteras. Lead Hazard Reduction Work & Paint Stabilization Lead Hazard Work at Windows 1. Install (4) single-hung white color, Low E, insulated glass, argon filled, Kel-Wenco vinyl replacement units with half screens to match existing vinyl windows. 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 paint all exterior trim, stop, sills, etc. e) Wet scrape all window well surfaces & 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. 2. Basement Windows. - Mist and remove (5) five foundation window and haul away. . - Install new vinyl basement foundation windows and screens. Caulk around windows and repair any sill damage. - Remove existing and install new window wells as necessary. - Rake area smooth, removing any dirt necessary, and reseed disturbed area. Lead Hazard Reduction Work & Paint Stabilization, cont. General lead Reduction Work 1. Remove all existing gutter and downspouts. 2. Scrape all fascia and rakes, repairing all damaged or rotted wood first, and clean all paint chips on ground using shop vacuum with HEPA filter. 3. Scrape all window trim as needed. 4. Prep house and garage for paint, to include: - Replacing any cracked or broken asbestos tiles. - Removing existing exterior door in rear. - Remove existing siding from garage using lead safe work practices in removing and hauling away lumber. - Install 7/16 OSB sheathing on garage walls. Repair any cracked or broken 2x4s. form the work. -The bid includes cost to perform the lead work and cost to achieve clearance. 1 i - . ..-.' •...',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS • 5.Scrape loose paint from foundation of house andgarage. 6. Vacuum all loose paint chips using a shop vacuum with a HEPA filter. Normal Work- Exterior 1. Remove foundation wall in rear of garage, shoring framed wall above and concrete floor inside as necessary, and install new block foundation wall. 2. Cut away floor four feet back from rear of garage, fill and prep after new rear foundation wall installed, and pour new concrete to match existing. Rebar ( 5/8" ) should be installed every two feet, and tying into existing concrete and new block wall. 2. Install new horizontal lap hardboard siding on garage walls. 3. Remove existing and install new three tab roof on house and garage. Change all flashing, incl. D channel, valley, drip edge, and chimney flashing. 4. Install weathershield three feet up from roof edge. Change existing roof vents. 4. Install new metal insulated six panel door and frame in kitchen, with lite and hardware to include dead bolt. 5. Install new Larson half view storm door or equal ($125.00 ), on rear of house. 6. Paint house and garage, including foundation, one coat primer and two coats semigloss. Homeowner to pick colors, (allow for two different colors on home and garage. 7. Install new continuous 5" gutter and downspout, with extenders as needed, on house and garage. 8. Paint exterior of front and rear doors two coats of semi gloss after first making any needed repairs on metal doors. 9. Tuck point chimney and add roof cap. 10. Install dirt along new driveway as needed, and fill area between driveway and house. Add grass seed to new dirt, and cover. Concrete 1. Remove existing driveway and replace with new of same length and 10' width,adding approximately two feet, including new apron, with 15% wings. Concrete should be four inches • thick except at apron, which should be six inches thick. Wire mesh should be installed in concrete and slightly raised during pour. 2. Remove and replace three sections of public sidewalk in front of house. Concrete should be minimum of three and one half inches thick, with expansion joint where meeting existing concrete. Electrical 1. Install mast at garage and run power to garage from house. 2. Install GFI outlet in rear to replace existing outlet. Interior / misc. 1 Remove drop ceiling in living room and install drywall ceiling. Smooth finish ceiling and trim where ceiling ties in with existing paneling approx. six inches below new ceiling. 2. Install new flexible metal dryer vent installed into existing rim joist. 3. Remove existing stairway to basement and install new, including bracing, railing, and enclosed' risers.. 3 ',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS 3 ti r ol—.fin ! ' • '4. Remove stairwell joists closest to front of house up to area not affected by termite damage and replace with new. 5. Repaint bathroom, including ceiling. Electrical 1 . Install GFI outlets in kitchen, per code. Repair drywall as necessary. 2. Install GFI outlet in bathroom, per code. Repair drywall as necessary. 3. Remove existing ceiling light in bathroom and install exhaust fan with light. Wire fan and light to switch separately. Vent fan to outside. Repair any drywall necessary due to construction. 4. Remove existing vanity light and install new, with switch by other switches at door. Repair any drywall necessary due to construction, ( light allowance is $55.00). .5. Eliminate fuse box on first level in kitchen and add breakers to existing panel box in basement. Any repairs needed in drywall will be included. 6. Install outlet close to existing dryer to allow for washing machine to be moved. Plumbing 1. Replace hot water heater. 2. Move washing machine next to dryer, including water lines. Existing lines are galvanized. 2. Install drain and vent for washing machine per code, breaking out concrete floor and repairing floor as needed due to installation of drain. 3. Install new floor drain closer to water heater and repair concrete floor as needed, due to the elimination of old floor drain. 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. � a — /0/7// g Owner Larry Benak Sr. Date /0/7/6 i Owner: Debra Benak Date te should be four inches • thick except at apron, which should be six inches thick. Wire mesh should be installed in concrete and slightly raised during pour. 2. Remove and replace three sections of public sidewalk in front of house. Concrete should be minimum of three and one half inches thick, with expansion joint where meeting existing concrete. Electrical 1. Install mast at garage and run power to garage from house. 2. Install GFI outlet in rear to replace existing outlet. Interior / misc. 1 Remove drop ceiling in living room and install drywall ceiling. Smooth finish ceiling and trim where ceiling ties in with existing paneling approx. six inches below new ceiling. 2. Install new flexible metal dryer vent installed into existing rim joist. 3. Remove existing stairway to basement and install new, including bracing, railing, and enclosed' risers.. 3 ',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS c asA • 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 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 2008 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) including the Single-Family Target Area Rehabilitation Program (South NRSA); and, WHEREAS, the City Council approved the 2008 Consolidated Plan on November 6, 2007 by Resolution No. 1278, as amended, which included the Single-Family Target Area Rehabilitation Program(South NRSA); and, WHEREAS, the State of Nebraska Department of Economic Development has awarded to the City,NAHTF funds under Grant Award No. 05-TFHO-750; and, WHEREAS, the best bid was received in an amount of $30,048.00 from Goly Young, to perform rehabilitation work at the property owned and occupied by Larry R. Benak, Sr. and Debra S. Benak, located at 6201 South 33rd Street, Omaha,Nebraska 68107; and, WHEREAS, this property is eligible for funding under both funding sources; and, WHEREAS, it is in the best interest of the residents of the City of Omaha and those residing therein to enter into a Grant Agreement with Larry R. Benak, Sr. and Debra S. Benak for the completion of this worthwhile project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By • Councilmember Adopted City Clerk Approved Mayor Debra Benak Date te should be four inches • thick except at apron, which should be six inches thick. Wire mesh should be installed in concrete and slightly raised during pour. 2. Remove and replace three sections of public sidewalk in front of house. Concrete should be minimum of three and one half inches thick, with expansion joint where meeting existing concrete. Electrical 1. Install mast at garage and run power to garage from house. 2. Install GFI outlet in rear to replace existing outlet. Interior / misc. 1 Remove drop ceiling in living room and install drywall ceiling. Smooth finish ceiling and trim where ceiling ties in with existing paneling approx. six inches below new ceiling. 2. Install new flexible metal dryer vent installed into existing rim joist. 3. Remove existing stairway to basement and install new, including bracing, railing, and enclosed' risers.. 3 ',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS c-25A. CITY OF OMAHA LEGiSLATIVE CHAMBER Omaha,Nebraska THAT, the attached Grant Agreement, as recommended by the Mayor, to provide a Community Development Block Grant (CDBG) Single-Family Target Area Rehabilitation Grant in the amount of $16,448.00 and a Nebraska Affordable Housing Trust Fund (NAHTF) Grant in the amount of$13,600.00 for a total of$30,048.00 to Larry R. Benak, Sr. and Debra S. Benak for the rehabilitation work at the property they own and occupy located at 6201 South 33rd Street, Omaha, Nebraska 68107 is hereby approved. The contract is to be awarded to Goly Young. Funds in the amount of$16,448.00 shall be paid from FY 2008 CDBG Single-Family Target Area Rehabilitation Program (South NRSA), Fund No. 12186, Organization No. 129114 and $13,600.00 from the Nebraska Affordable Housing Trust Fund (NAHTF), Grant No. 05- TFHO-750, Fund No 12141, Organization No. 129313. APPROVED AS TO FORM: Q a 1 /Z9 C Asgc: C TY ATTORNEY DA PLNLSF 1205-resolution By... 4060 ... ; CPY&)/44,- Councilmember Adopted 'JAN 1 3 200-9 t,/-0 City Clerks 1144441 Approved. Mayor ,Nebraska 68107; and, WHEREAS, this property is eligible for funding under both funding sources; and, WHEREAS, it is in the best interest of the residents of the City of Omaha and those residing therein to enter into a Grant Agreement with Larry R. Benak, Sr. and Debra S. Benak for the completion of this worthwhile project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By • Councilmember Adopted City Clerk Approved Mayor Debra Benak Date te should be four inches • thick except at apron, which should be six inches thick. Wire mesh should be installed in concrete and slightly raised during pour. 2. Remove and replace three sections of public sidewalk in front of house. Concrete should be minimum of three and one half inches thick, with expansion joint where meeting existing concrete. Electrical 1. Install mast at garage and run power to garage from house. 2. Install GFI outlet in rear to replace existing outlet. Interior / misc. 1 Remove drop ceiling in living room and install drywall ceiling. Smooth finish ceiling and trim where ceiling ties in with existing paneling approx. six inches below new ceiling. 2. Install new flexible metal dryer vent installed into existing rim joist. 3. Remove existing stairway to basement and install new, including bracing, railing, and enclosed' risers.. 3 ',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. 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Councilmember Adopted City Clerk Approved Mayor Debra Benak Date te should be four inches • thick except at apron, which should be six inches thick. Wire mesh should be installed in concrete and slightly raised during pour. 2. Remove and replace three sections of public sidewalk in front of house. Concrete should be minimum of three and one half inches thick, with expansion joint where meeting existing concrete. Electrical 1. Install mast at garage and run power to garage from house. 2. Install GFI outlet in rear to replace existing outlet. Interior / misc. 1 Remove drop ceiling in living room and install drywall ceiling. Smooth finish ceiling and trim where ceiling ties in with existing paneling approx. six inches below new ceiling. 2. Install new flexible metal dryer vent installed into existing rim joist. 3. Remove existing stairway to basement and install new, including bracing, railing, and enclosed' risers.. 3 ',... 7''.%:•:. .. as a component of the City's Environmental Review Record(ERR). Consult the Tier I review listed above for further information as to compliance with other laws and authorities for this HUD-assisted project or program. r Date: /ol, Prepared by: � -� (/! / J Date: , f y ('� ," Q'e Approved by: J E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Omaha is also listed as additional insured CERTIFICATE HOLDER CANCELLATION 444-6140 ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Planning Dept EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Omaha, NE 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Ray Sluyter/BON ��'�� raw- ACORD 25(2001/08) ©ACORD CORPORATION 1988 Page 1of2 INS025 ro10e1.08a • Human Relations Depai tiiient in any reviews of the Bidder/Contractor's procedures and practices successful in this solicitation, to firms owned by 4. The City of Omaha shall set specific goals for Protected and/or Disadvantaged Business all contracts over $200,000 to assist it in Enterprises is essential to the achievement of the meeting its overall PBE/DBE goals set forth City of Omaha's PBE/DBE goals. Therefore, to above. The City of Omaha has established a be considered for award, Bidders must comply PBE/DBE goal of % of the dollar amount with the requirements of these PBE/DBE of the bid (Bid Total) for this contract (if said specifications. By submitting his/her bid, each contract is anticipated to be over $200,000). e CONSULTANT receives for the task of construction staking are not commensurate with the potential risk. CLIENT, therefore, agrees to check or require General Contractor to check the location of all construction stakes placed by the CONSULTANT. CLIENT further agrees to limit liability of CONSULTANT for construction staking services such that the total liability of the CONSULTANT shall not exceed the Consultant's fees for the particular service,or$5,000.00,whichever is greater. Hazardous Materials: The CLIENT agrees that the Consultant's scope of services does not include any services related to the presence of any asbestos, fungi, bacteria, mold or hazardous or toxic materials. Should it become known to the CONSULTANT that such materials may be present on or adjacent to the jobsite,the CONSULTANT may,without liability for any damages,suspend performance under this agreement, until CLIENT takes appropriate action to remove or abate said materials. The CLIENT further agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the CONSULTANT, its officers, partners, employees and subconsultants (collectively, CONSULTANT) from and against any and all claims.suits.demands, liabilities, losses,damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos, fungi, bacteria, mold, hazardous or toxic substances, or products or materials that exist on, about or adjacent to the Project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability or any other cause of action, except for the sole negligence or willful misconduct of the CONSULTANT. Mediation: Any claims or disputes under this agreement shall be submitted to non-binding mediation. hgm Rev 070410 A TRADITION OF EXCELLENCE A COMMITMENT TO CREATIVE SOLUTIONS