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RES 2008-0581 - Agmt for rehabilitation work at 2124 Emmet St 0 r- _ �„H� FPL fFIVFFPlanning Department v 1 P 1, D" ^,�. r' Miry' ,4, J� .t ; ,, Omaha/Douglas ivic Centex /, , t „ 1819 Farnam Street,Suite 1100 o® � � � Omaha,Nebraska 68183 A ro CITY C'..`::.h e (402)444-5150 477 ,FD FEBs°' €:; ;I i a, f y E,' a : ',K Telefax(402)444-6140 j Steven N.Jensen,AICP,LA City Fahey,Mayor y of Omaha Mike April 22, 2008 Director Honorable President and Members of the City Council, The attached proposed Resolution approves a grant agreement in the amount of $24,379.00 between the City of Omaha and Wayne Harris for the rehabilitation of the property Mr. Harris owns and occupies, located at 2124 Emmet Street, Omaha, Nebraska, 68110. Mr. Harris's total household income is 24.95% of the Median Income by Family Size, as established by the Department of Housing and Urban Development. The contractor is Mike Royce Contracting. Funding is comprised of a grant in the amount of $14,625.00 from the Nebraska Affordable Housing Trust Fund (NAHTF), Grant No. 05-TFHO-750, Fund No. 12141, Organization No. 129313 and a grant in the amount of$9,754.00 from FY 2008 Community Development Block Grant (CDBG) Single-Family Target Area Special Needs Rehabilitation Program, Fund No. 12186, Organization No. 129114, for a total of$24,379.00. The rehabilitation of this single-family home meets the requirements of the Federal CDBG Program, the NAHTF, the City's Underwriting Guidelines and is consistent with the FY 2008 Consolidated Submission for Community Planning and Development Program approved by the City Council on November 6, 2007 by Resolution No. 1278, as amended. The Contractor, Mike Royce Contracting, has on file a current Annual Contract Compliance Report Foiiu (CC-1). As is City policy, the Human Rights and Relations Department will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution is requested. Sincerely, Referred to City Council for Consideration: 40.ei3O% " -- 4411*r`OS/ Steven N, J sen, CP, LA Date Mayor's Office Date Planning Dir r Approved as to Funding: Approved: , --\,)-s- q — -0$ Carol A. Ebdon 1 / Date Gail 'nsey T ompso Date Finance Director li-a Human Rights and Relations Director PLNLSF1085-cover letter atements, auditor's report and SF-SAC must be submitted, at the time these documents are submitted to the Federal Audit Clearinghouse, to the: Nebraska Department of Health and Human Services Finance and Support Financial Services Division Grants and Cost Management BT 622 123108 15 in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Contractor. The Contractor further agrees to insert similar provisions in all sub- contracts for services allowed under this Contract under any program or activity. BT 622 123108 11 rovided, BT 622 123108 8 te Name Address Telephone Number /�1T�u� Omaha is listed as an additional insured in respect to the General Liability coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; • 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, Wayne Harris hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the OWNER(S) is the sole owner of a certain property located at 2124 Emmet Street and legally described as follows, to wit: The West 64 feet of Lot 8, Block 32, Kountze Place, an addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,Nebraska(commonly known as 2124 Emmet 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 Depai tnient 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: -1- Revised 12/5/07 nsideration of this Resolution is requested. Sincerely, Referred to City Council for Consideration: 40.ei3O% " -- 4411*r`OS/ Steven N, J sen, CP, LA Date Mayor's Office Date Planning Dir r Approved as to Funding: Approved: , --\,)-s- q — -0$ Carol A. Ebdon 1 / Date Gail 'nsey T ompso Date Finance Director li-a Human Rights and Relations Director PLNLSF1085-cover letter atements, auditor's report and SF-SAC must be submitted, at the time these documents are submitted to the Federal Audit Clearinghouse, to the: Nebraska Department of Health and Human Services Finance and Support Financial Services Division Grants and Cost Management BT 622 123108 15 in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity of the Contractor. The Contractor further agrees to insert similar provisions in all sub- contracts for services allowed under this Contract under any program or activity. BT 622 123108 11 rovided, BT 622 123108 8 te Name Address Telephone Number /�1T�u� Omaha is listed as an additional insured in respect to the General Liability coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; • 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: Mike Royce Contracting Date Contractor Signed: February 1, 2008 LHC File No.: - HCD File No: 08-HCD/3063 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 Twenty-four Thousand Three Hundred Seventy-nine and no/100 Dollars ($24,379.00) 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 ) $14,625.00 Community Development Block Grant Funds $9,754.00 Other Funds $- Total amount $24,379.00 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; g. continue lead-based paint hazard control maintenance practices after the project is complete. Section 6. The OWNER(S) shall pay any and all delinquent taxes on the above-described property prior to the date of this Agreement. Section 7. The OWNER(S) agree, and the CITY state that the CITY: a. is not acting as the OWNER'S architect or engineer; and, b. makes no warranties, express or implied, as to the lead-based paint hazard control work; and, c. owes no duty to the OWNER(S) or any other person that shall arise because of any inspection of the premises by the City's employees; and, d. may inspect the premises at reasonable times; and, e. is held harmless for all injury and damages arising by virtue of this Agreement. Section 8. Either party may pursue any remedy to enforce this contract at law or equity; except in the event of a breach of Section 5(a), (e) or (f) herein, the CITY shall be limited to having no further obligation to disperse remaining grant sums and shall be reimbursed by the OWNER(S) a sum equal to 1/36 of the grant for each remaining month of the thirty-six month term, provided that the reimbursed sum shall not exceed the sum previously dispersed from the grant. In the event of default, gross negligence or other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of default shall be due and payable immediately from the OWNER(S), its successors and assigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the CITY shall have a financial interest, direct or indirect, in any CITY Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the CITY shall render the contract voidable by the Mayor or Council. VV /4q,u,„ / 14-- Wayne Harri L at Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On a this day of ' 2008 A.D., before me, at too (0 or , a Notary Public in and for said County,personally came Wayne arrss, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and he acknowledged the said instrument and the execution thereof to be his voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. GENERAL NOTARY-State of Nebraska -461/ NORITA A.COLLAR mow° My Comm.Exp.July 22,2010 Notary Public My Commission expires �" ,20/. -3- Revised 12/5/07 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; • • CIT OF OMAHA, a Municipal Corporation 7—Z— •"‹ mes R. Thele 066 Assistant Planning Director STATE OF NEBRASKA ) ) § COUNTY OF DOUGLAS ) On this I/ day of , before me the undersigned, a Notary Public in and for said County, personall ame James R. Thele, Assistant Planning Director for the City of Omaha, who executed the above conveyance, 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. 0.211AI otary Public My Commission expires APPROVED AS TO FORM: T • L. `I ib$ Assistant City Attorney • -4- Revised 12/5/07 e remaining grant sums and shall be reimbursed by the OWNER(S) a sum equal to 1/36 of the grant for each remaining month of the thirty-six month term, provided that the reimbursed sum shall not exceed the sum previously dispersed from the grant. In the event of default, gross negligence or other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of default shall be due and payable immediately from the OWNER(S), its successors and assigns to the City. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any officer or employee of the CITY shall have a financial interest, direct or indirect, in any CITY Agreement. Any violation of this section with the knowledge of the person or corporation contracting with the CITY shall render the contract voidable by the Mayor or Council. VV /4q,u,„ / 14-- Wayne Harri L at Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On a this day of ' 2008 A.D., before me, at too (0 or , a Notary Public in and for said County,personally came Wayne arrss, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and he acknowledged the said instrument and the execution thereof to be his voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. GENERAL NOTARY-State of Nebraska -461/ NORITA A.COLLAR mow° My Comm.Exp.July 22,2010 Notary Public My Commission expires �" ,20/. -3- Revised 12/5/07 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; REHABILITATION CONTRACT • Loan Number: VRW/ p" 63 This Contract is between Wayne Harris (Owner's Name) of 2124 Emmet Street , Omaha,Nebraska (Owner's Address) (City and State) (referred to herein as the "Owner" and Mike Royce Contracting. (Contractor's Name) • of 15707 South 234th Street , Gretna,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 2124 Emmet 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 pppjovecl copy of the Contract is not delivered to the Contractor on or before, All 01 , 2008, (date equal to sixty (60) Date) - 1 - . 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. VV /4q,u,„ / 14-- Wayne Harri L at Date Date Date STATE OF NEBRASKA ) )§ COUNTY OF DOUGLAS ) On a this day of ' 2008 A.D., before me, at too (0 or , a Notary Public in and for said County,personally came Wayne arrss, personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing instrument and he acknowledged the said instrument and the execution thereof to be his voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska on the day and date last above written. GENERAL NOTARY-State of Nebraska -461/ NORITA A.COLLAR mow° My Comm.Exp.July 22,2010 Notary Public My Commission expires �" ,20/. -3- Revised 12/5/07 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; • 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 January 14, 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$24,379.00. 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 - e 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; • 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 - e 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 - e 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 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. Li (0 er) Wayne Harris (Dat:) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) 5—/&11 (Witness) (Date) Mike Royce Contracting 1fl (Contractor) (Date) BY: TITLE: 6 v v -Nxs' 2/(L4)-ef (Witness) g Approved by the City on e , 20 Cj , BY: Steven N. Jensen, AICP LA TITLE: Planning Director Mailed to CONTRACTOR, and Effective on , 20 • -4- PART II STANDARD TERMS 1. INSURANCE: During the continuance of the work under this Contract, the Contractor and all subcontractors (as applicable) shall: A. Maintain, at a minimum, the applicable following classes of coverage which will provide, at a minimum, the following amount of coverage: (1) No bid bond or performance bond will be required for a Rehabilitation Contract in an amount less than the Federal Government's small purchase threshold under OMB Circular A-110, currently at $100,000. On a case- by-case basis the Director of the Planning Department can require a bond if it is in the best interest of the Federal Government and the City of Omaha. The contractor must be on the Planning Department approved contractors list. (2) Contractor's Personal Liability $1,000,000 (3) Combined Bodily Injury and Property Damage $2,000,000 (1,000,000 per occurrence) (4) Product, Including Completed Operations $1,000,000 (5) Workers' Compensation • These coverages are required to protect the Contractor and the Owner from any liability or damage from injury to, or death of, any of their employees, other persons, or property wherever located, resulting from any action or operation under this Contract, or in connection with the work including liability or damage which may arise by virtue of any statute or law in force or which may hereinafter be enacted. The Contractor agrees to provide evidence to the Owner through the City of such insurance prior to the commencement of the work. Failure to provide adequate evidence of insurance, or failure to maintain the insurance as required by this paragraph, shall be grounds for terminating this Contract at the option of the Owner. The City of Omaha shall be named insured on all comprehensive liability insurance policies. 2. CONTRACT COMPLIANCE CLAUSE: Sec. 10-192. Equal employment opportunity clause. All contracts hereafter entered into by the.City shall incorporate an equal employment opportunity clause, which shall read as follows: During the performance of this contract, the Contractor agrees as follows: =5 - y 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 - e 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 - e 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 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 sothe P � qby 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- NER 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 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- 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 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- ll rehabilitation work, and the Contractor will take all steps necessary -7- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; l • 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 - ent 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 1 • • • 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- y, 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 - ent 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; ADDENDUM #1 NAME: Wayne Harris ADDRESS: 2124 Emmet Street AREA: NAHTF CONTRACTOR: Mike Royce Contracting The Rehabilitation Contract as originally issued, signed by the Contractor on February 1, 2008, is hereby amended. The following work in the amount of $4,520.00 is being deleted; and work in the amount of$4,520.00 is being added to the Contractor's original bid of$24,379.00. 1). Delete replacement of 25 sash replacement windows called in original bid documents.' Credit$4,520.00 - Include only item #1 and sub-paragraph"a, b & c" at the top of page 2. - All other sub-paragraphs under item #1 shall remain as part of the contract. 2. Add the following designated window treatments in lieu of sash replacement. Cost $4,520.00 - Perform standard treatment and strip to remove the paint from all friction and impact surfaces. -All existing windows on main floor and second floor have interior surfaces which are stained and varnished except the four in the kitchen and bathroom, these 4 shall be repainted. - Three windows shall be permanently fixed, see below. - Remove and reinstall combination storm windows. - Replace all sash ropes, and missing and or loose window putty. Parlor Room. - One (1) window; install new stop trim and combination storm window. Front Room. - One (1) window west wall. - Large window in south wall; permanently fix so as not to open. Living Room. - Three (3) windows. - Window at center of west wall (in addition to the 3 above); permanently fix as not to open. Kitchen. ST 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- y, 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 - ent 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; Addendum #1 2124 Emmet Street •Page 2 - Two (2) windows. Bathroom (main floor). - One (1) window. Stair Landing. - One (1) window. Bathroom (second floor). - One (1) window. Master Bedroom (NWBR). - Three (3) windows. - Window center west wall (in addition to the 3 above); permanently fix so as not to open. Northeast Bedroom (NEBR). - Two (2) windows. Southwest Bedroom (SWBR). - Two (2) windows. Southeast Bedroom (SEBR). -Two (2) windows. Attic Windows. - Four (4) windows. - Install 4 new combination storm windows. - Metal wrap the sills so as not to leak prior to installation of combination storm windows. Contractor's Original Bid: $24,379.00 Deleted Work: $ -4,520.00 Added Work: $+4,520.00 Total Contract Cost: $24,379.00 The foregoing changes to the above mentioned Contract shall have the same force and effect as if such change or changes had been incorporated in the original Contract and this Addendum No. 1 to the Contract will be incorporated in and become a part of the contract documents of the work. The Addendum No. 1 shall in no way be construed as altering the aforementioned Contract; meaning and intent, except as expressly set forth in the above-mentioned items, and all other provisions of the Contract shall remain unchanged and in full force and effect. in south wall; permanently fix so as not to open. Living Room. - Three (3) windows. - Window at center of west wall (in addition to the 3 above); permanently fix as not to open. Kitchen. ST 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- y, 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 - ent 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; Addendum #1 2124 Emmet Street • Page 3 The undersigned hereby acknowledge and consent to the above changes to the original Rehabilitation Contract. '011) y morg Contractor: Mike Royce ontracting Date Owner: Wayne Harris Date Construction Specialist: Ted St. Cyr Date y terms of this Contract. Li (0 er) Wayne Harris (Dat:) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) (Owner) (Date) 5—/&11 (Witness) (Date) Mike Royce Contracting 1fl (Contractor) (Date) BY: TITLE: 6 v v -Nxs' 2/(L4)-ef (Witness) g Approved by the City on e , 20 Cj , BY: Steven N. Jensen, AICP LA TITLE: Planning Director Mailed to CONTRACTOR, and Effective on , 20 • -4- 1 zc 2w W . u) d f5 q t• 7- s _ o n� • D n Y c D r.: a ,Th e .� m a 7x : a 7 : ' o ay m 4• : > n Yz acr, ? -o n .. x N _a ± ; i• T1 I.)fJ -I IJ .ya. r - m 0 IJ C - O - r C - C oo V1. Q. ti o o w w Cn 7z, D C Y j �` -7 TJ Y a Co xz ° m aye DT - 0 r, 01 Cr) .. S t ' --3 rn > Cr) ti ry C7 2 C7 - N v9 v' J n ^r1 rn N P(`j A p rn rri b A Co 5 �. v C Co s• N N'" oo J e" LA O C C • 4J c, roH CP — gy W g o C� _ is EF 19 w N r, C7 d H C7 v .d -I C7 rn 9 k- 7, n D R 7� o � -ic omn n • <,t71 " < rn rn 0 0 w CD in H CD FIT, 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- y, 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 - ent 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- n 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 coverage on the policy. • CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'The City of Omaha DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 1819 Farnam St NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Omaha,NE 68183 IMPOSE NO LIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESEN TIVES. • ACORD 25(2601/08)1 of 1 #139428 KSB o ACORD CORPORATION 1988 NSI 4 Strect/PO Box City State Zip helicopters at • E-Mail Address david@unitedrotorcraft.com the URS facility costs arising software used to create the files. out of or resulting from such use. Any such authorization or CADD adaptation by the Owner 13.1. Because data stored on electronic media can will entitle The Schemmer Associates Inc. to deteriorate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; —Ee 81 i 25%2008 15: 59 4026973839 FARM BUREAU PAGE 01 1 Di 1 ` CORJrp CERTIFICATE CIF UUA'.=IUTYINSURANCE °ATE 01252008 ' ®PRoouctR 402-697-3880 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ABE WORKMAN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR WESTERN AGRICULTURAL INS ALTER THE COVERAGE AFFORDED BY THE POLICIES BELO)1/. 14154 WEST CENTER RD. • OMAHA. NE 68144 INSURERS AFFORDING COVERAGE NAIC ... INSURED INSURER A__: INSURER 0 A_RMBUREAU MUTUAL IN_SURAN_C_E •17256 MIKE ROYCE _ : D/B/A MIKE ROYCE CONTRACTING - INSURER C: 15707 S 234TH ST, -- INSURER D'. I INSURER E: ,_ „._ OMAHA, NE 68028-6559 - •• - - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVB FOR THE POLICY PERIOD INDICATED.NOTWITHSTAND NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTI-IER 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 SLOE! POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ®.. -"'"- "-'" - - ""- POUCYEFFECTIVE POLICY'EXPIRATION _. _ -. -- �� LIMITS ,�,. , . ., POLICY NUMBER JIATF ILIMJUPIYYI LAiF IMNrOOM'I GENERAL LIABILITY EACH OCCURRENCE S 1 OOO b00 A PREAI,LTOHkNTFu X C__OMMERCIALGENCRALLIAQII,ITY CPP 00020000 01/21/2008 01212009 pnISEs{Eaopc�ranae) a 100 000 • I CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5 000 PERSONALtADVINJURY S 1,000 000 GENERAL AGGREGATE $ 2,000 000 GEN'L AGGREGATE LIMIT APPLIEG PERT . PRODUCTS,COMP/OP AGO $ 2 OOO NO XI POLICY l - ..l PRO l-1 LOC - -. l 1 AUTOMOISILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO _ _.... •--_ ALL OWNED AUTOS BODILY INJURY .... $ SCHEDULED AUTOS (PerDersan) - — NIRED AUTOS BODILY INJURY S NON•OWNEDAUTOS (P?rnccident) -_• -,.-.• PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY,EA ACCIDENT $• -_ _ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ V EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I _i .00CUR I I CLAIMS MADE • , AGGREGATE A_ ........ .... . .. ........ . ....... .......... .. aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; City of Omaha Housing and Community Development Division Site Specific Compliance Review Project Name: NAHTF Project Address: 2124 Emmet Street Project Activity: Rehabilitation Applicant: Wayne Harris 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: S Date: 3-12-08 Runway Protection Zones and The project site is not located within any Runway Protection Zones or an Accident Accident Potential Zones Potintial 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: 1_` Date: 3-12-08 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: f1 Date: 3-12-08 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: `1 , Date: 3-12-08 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: 315274 Map Number: 0237H Effective Date: 12-2-05 Verified by: Date: 3-12-08 , • Historic Preservation Historic preservation requirements are met. [36 CFR 800] Verified by: Date: 3-12-08 Noise Control This project activity is not a noise-sensitive use, in accordance with the HUD Noise [24 CFR 51B] Guidebook, 1991. Verified by: � Date: 3-12-08 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. Prepared by: ' •� Date: � 2-��i~� • Approved by: ,� f Date: •J t' �f'�% .... . ....... .......... .. aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; • o. Planning Department Omaha/Douglas_Civic Center • • 1819 Farnam Street,Suite 1100 Omaha,Nebraska 68183 • (402) 444-5150 'rFo FE6Pv Telefax(402) 444-6140 • • City of Omaha • Steven N.Jensen,ICI',TA Mike Fahey,Mayor Director • Mr. L. Robert Puschendorf Deputy State Historic Preservation Officer ,,`�_� U State Historical Society 15th &_ "R" Street l' ?: — N mot P.O. Box 82554. Lincoln, NE 68508 STATE Hisror;ic PRESERVATION OFFICE • NEbaaskA STATE HisroaicAI Society RE: 2124 Emmet fry, /tom+ ( q,7 3' III Dear Mr. Puschendorf:• �r • 2124 Emmet is located within an area shown as a potential historic district • in the 1984 publication Patterns on the Landscape: Heritage Preservation in North Omaha. The publication states that the area possesses "sufficient historical, architectural or cultural value to be considered for designation as an historic district." The property possesses sufficient integrity to be classified as a contributing property within the potential district. All proposed work on the property'is in compliance with the Programmatic Agreement by and Among the City of Omaha, Nebraska, the Advisory Council on Historic Preservation; and the Nebraska State Historic Preservation Officer Regarding Historic Properties Affected by Use of Community Development Block Grant Monies.for. Rehabilitation. Therefore, there will be 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, • . --1. Edward Dantzler/ Development Section Manager C • Planning Department • • . 1819 Farnam Street aEPu S ATE HISTORIC PRESERV TI OFFICER.Omaha, NE 68183 ' DATE: • -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. Prepared by: ' •� Date: � 2-��i~� • Approved by: ,� f Date: •J t' �f'�% .... . ....... .......... .. aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; �o,i cMi'H ,NF4t Planning Department t.s r, "�v NAHTF Omaha/Douglas Civic Ccnrcr tt ' mt z� �, ' "p Blnney/Wlrt/Spencer 1819 rarnam Street'Saute 1100 cro . , -„ ,pro Omaha,Nebraska G$183 � : _ ~ ti Inspector:Ted St. Cyr 444-5083 (402) 444-5150 oR�ep r•asa�"� Januaryr 9, 2008 Telefax(402)444-6140 Steven N.Jensen,AICP,LA City of Omaha Director MikeFahey,Mayor Lead Hazard Reduction Work Wayne Harris 2124 Emmet Street The Contract Bid Documents Consist of Two (2) Parts: 1). Cover sheet, general responsibilities for Contractors and Homeowner (page 1). 2). Lead Hazard Reduction Work (pages 2 & 3). 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.) • State Notification Is Not Required. • Add contractor pollution liability insurance premium cost of $200.00. • Coordinate daily construction schedule with the occupant. • At all times keep the site of work and surrounding area free from accumulations of waste materials or rubbish caused by the work. • Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. The Contractor Shall : 1). The sequence of work activities shall be contractor option. 2). Use trained, certified, supervised workers to do the abatement work and paint stabilization. 3). HEPA vacuum and clean all surfaces and horizontal surfaces to achieve clearance. - Schedule clearance testing after lead hazard reduction work and cleaning. 4). Protect the owner's personal property: - Any damage due to lack of protection shall be the contractor's responsibility. 5). Make every effort to match existing materials and surrounding surfaces. 6). Examine worksite to determine conditions and what is required to perform the work. -The bid includes cost to perform the lead work and cost to achieve clearance. The Homeowner Shall : - Remove, clean and store all window coverings and curtains before work begins. - Reinstall the window coverings after work is complete and clearance achieved. - Provide an unobstructed work area prior to performance of work in each area. - Remove and store away all necessary pictures, lamps, knick-knacks, valuables, etceteras. 1 of 3 2-��i~� • Approved by: ,� f Date: •J t' �f'�% .... . ....... .......... .. aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; • Lead Hazard Work at Windows 1. Install (25) double-hung white color, Low E, insulated glass, argon filled, vinyl replacement units, full screens. a) Include the attic windows. b) The new sash replacement units shall be from the approved list below. 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 as necessary. d) 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 unpainted stain and varnished surfaces. e) Wet Scrape all exterior surfaces of the window units and trim. - Include all window units (and those locations where not replaced). - Apply primer coat and 2 finish coats approved semi-gloss paint. f). Prepare and finish all window casing, jamb, stop trim, stool, and apron surfaces of all window units. - Apply minimum 2 coats approved same color semi-gloss paint. - Apply 2 finish coats polyurethane finish to previously unpainted stain and varnished surfaces. g). HEPA vacuum and clean all window trough and sill surfaces, as necessary to pass clearance. Approved Window Manufacturers Ellison Series 1300/1500/1600, Silverton 8500/9500, Gerkin Series 4800, Simonton Prism Ultra Gold, Kensington 3910/3510/4510, Stanley Pro-Fit, Pella ThermaStar; Winnova CVD-200. 2. All Basement Windows. a). Wet scrape all sash surfaces, and apply primer coat and 2 finish coats approved paint. - Install new dead light storm windows. b). Wet sand all interior surfaces. -Apply primer coat and 2 finish coats approved semi-gloss paint. c). Prepare and paint all window casing, jamb, stop trim, stool surfaces. - Apply minimum 2 coats approved color semi-gloss paint. e). HEPA vacuum and clean all window trough and sill surfaces, as necessary to pass clearance. Lead Hazard Reduction Work & Paint Stabilization 1. Interior Paint Stabilization at Trim Surfaces a). Include previously painted interior trim surfaces, pantry, hallway and stairway to basement. b). Prepare, mist remove all loose paint, and apply 2 finish coats approved semi-gloss paint. 2. Wall and Ceiling Repair and Paint Stabilization. a). Include previously painted wood surfaces, and all cabinet surfaces. a). Southwest bedroom (northwest area) - Repair, prime and paint the ceiling, wall and trim 2 coats approved paint. b). Pantry, hallway and stairway to basement - Repair, prime and paint the ceiling and wall & trim surfaces 2 coats approved paint. 3. Interior Areas of the Porch (floor, ceiling, walls, trim, etc.) a). Wet scrape remove all deteriorated paint, prime and paint minimum 2 coats approved paint. - Maximum of 2 different colors. 2of3 aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; 4. Floors. a). Install new sheet vinyl and approved underlayment in the kitchen and full bathroom. - Allowance for sheet vinyl $16 per yard, owner to select. b). HEPA vacuum and clean all floor surfaces, as necessary to pass clearance. 5. Primary Entry Doors a). Wet scrape remove all deteriorated paint from jambs, trim, and sills. - Prime and paint minimum 2 coats approved paint. 6. All exterior previously painted surfaces of the house (siding, eaves over/hang, porch, etc.) a). Wet scrape remove all deteriorated paint. b). Caulk, prime, then paint minimum 2 coats approved exterior paint. - Maximum of 2 different colors. 7. Soffit replacement a). Mist remove deteriorated soffit sections. b). Install new bead board soffit sections. - Prime and paint 2 coats approved paint. 8. Lattice replacement a). Mist remove the lattice work. b). Install new lattice work, prepare, prime and paint 2 coats approved paint. 9. Siding repair at dormer locations a). Cut to remove the deteriorated cedar siding abutting the roof. b). Install 1x6 cedar along each side (of the slope) of the dormers. - Caulk and seal the 1x6s as necessary to achieve a water proof installation. c). Install 1x6 cedar along the front of each side dormer. - Caulk and seal the 1x6s as necessary to achieve a water proof installation. d). Install new step flashing and flashing. e). Remove and install new shingles as necessary. 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. Owner Dat 3 of 3 nish coats approved semi-gloss paint. c). Prepare and paint all window casing, jamb, stop trim, stool surfaces. - Apply minimum 2 coats approved color semi-gloss paint. e). HEPA vacuum and clean all window trough and sill surfaces, as necessary to pass clearance. Lead Hazard Reduction Work & Paint Stabilization 1. Interior Paint Stabilization at Trim Surfaces a). Include previously painted interior trim surfaces, pantry, hallway and stairway to basement. b). Prepare, mist remove all loose paint, and apply 2 finish coats approved semi-gloss paint. 2. Wall and Ceiling Repair and Paint Stabilization. a). Include previously painted wood surfaces, and all cabinet surfaces. a). Southwest bedroom (northwest area) - Repair, prime and paint the ceiling, wall and trim 2 coats approved paint. b). Pantry, hallway and stairway to basement - Repair, prime and paint the ceiling and wall & trim surfaces 2 coats approved paint. 3. Interior Areas of the Porch (floor, ceiling, walls, trim, etc.) a). Wet scrape remove all deteriorated paint, prime and paint minimum 2 coats approved paint. - Maximum of 2 different colors. 2of3 aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; C-25A any 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 Target Area Special Needs Rehabilitation Program; 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 Special Needs Rehabilitation Program; 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 $24,379.00 from Mike Royce Contracting, to perform rehabilitation work at the property owned and occupied by Wayne Harris, located at 2124 Emmet Street, Omaha,Nebraska 68110; and, WHEREAS, this property is eligible for funding under both funding sources; and, WHEREAS, it is in the best interest of the residents of the City of Omaha and those residing therein to enter into an agreement with Mr. Harris for the completion of this worthwhile project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor approved by the Planning Department. Owner Dat 3 of 3 nish coats approved semi-gloss paint. c). Prepare and paint all window casing, jamb, stop trim, stool surfaces. - Apply minimum 2 coats approved color semi-gloss paint. e). HEPA vacuum and clean all window trough and sill surfaces, as necessary to pass clearance. Lead Hazard Reduction Work & Paint Stabilization 1. Interior Paint Stabilization at Trim Surfaces a). Include previously painted interior trim surfaces, pantry, hallway and stairway to basement. b). Prepare, mist remove all loose paint, and apply 2 finish coats approved semi-gloss paint. 2. Wall and Ceiling Repair and Paint Stabilization. a). Include previously painted wood surfaces, and all cabinet surfaces. a). Southwest bedroom (northwest area) - Repair, prime and paint the ceiling, wall and trim 2 coats approved paint. b). Pantry, hallway and stairway to basement - Repair, prime and paint the ceiling and wall & trim surfaces 2 coats approved paint. 3. Interior Areas of the Porch (floor, ceiling, walls, trim, etc.) a). Wet scrape remove all deteriorated paint, prime and paint minimum 2 coats approved paint. - Maximum of 2 different colors. 2of3 aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska PAGE 2 THAT, the attached Agreement, as recommended by the Mayor, to provide a Nebraska Affordable Housing Trust Fund (NAHTF) Grant in the amount of $14,625.00 and a Community Development Block Grant (CDBG) Target Area Special Needs Rehabilitation Grant in the amount of$9,754.00 for a total of$24,379.00 to Wayne Harris for the rehabilitation work at the property he owns and occupies located at 2124 Emmet Street, Omaha, Nebraska 68110 is hereby approved. The contract is to be awarded to Mike Royce Contracting. Funds in the amount of$14,625.00 shall be paid from the NAHTF Grant Award No. 05-TFHO-750, Fund No. 12141, Organization No. 129313 and $9,754.00 shall be paid from FY 2008 CDBG Single- Family Target Area Special Needs Rehabilitation Program, Fund No. 12186, Organization No. 129114. APPROVED AS TO FORM: 4, j> � ITY ATTORNEY DATE PLNLSF 1085-resolution By Afç.. 3i4t Councilmember Adopted ;PR 2 2 2008 -O ./SeA.-- City Clerk A )11446e 4 :414.1.93._ 1770r/eff PP • - r ' Mayor eet, Omaha,Nebraska 68110; and, WHEREAS, this property is eligible for funding under both funding sources; and, WHEREAS, it is in the best interest of the residents of the City of Omaha and those residing therein to enter into an agreement with Mr. Harris for the completion of this worthwhile project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: By Councilmember Adopted City Clerk Approved Mayor approved by the Planning Department. Owner Dat 3 of 3 nish coats approved semi-gloss paint. c). Prepare and paint all window casing, jamb, stop trim, stool surfaces. - Apply minimum 2 coats approved color semi-gloss paint. e). HEPA vacuum and clean all window trough and sill surfaces, as necessary to pass clearance. Lead Hazard Reduction Work & Paint Stabilization 1. Interior Paint Stabilization at Trim Surfaces a). Include previously painted interior trim surfaces, pantry, hallway and stairway to basement. b). Prepare, mist remove all loose paint, and apply 2 finish coats approved semi-gloss paint. 2. Wall and Ceiling Repair and Paint Stabilization. a). Include previously painted wood surfaces, and all cabinet surfaces. a). Southwest bedroom (northwest area) - Repair, prime and paint the ceiling, wall and trim 2 coats approved paint. b). Pantry, hallway and stairway to basement - Repair, prime and paint the ceiling and wall & trim surfaces 2 coats approved paint. 3. Interior Areas of the Porch (floor, ceiling, walls, trim, etc.) a). Wet scrape remove all deteriorated paint, prime and paint minimum 2 coats approved paint. - Maximum of 2 different colors. 2of3 aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively; r Z.rr 'riZ ►y ,� E' P' (' "'� x � 7�n ' Z � 7J . tom: x i im, , : a ° C: Ncn 0 oNOo: oe.4 ° c� mCD o rnZ o :LI .� 0 ,t• o. 02 3:IN. 0 h c cCDo C7 �' O °7tIih- I ! c�v �' a = 1 G) H o, • • • t n cr a• '� maO � � � O A � ( a 6. toCD `Cy OZ Iv _� etv N • PN • 69 • p ►� CDCa CD ~ N ° � .0 0 0 ,.< \ jc CD 0• (IQ H CD -t R- a� S• 9+ P� O O pa — say CD -t 0 1-1 lG ° O• CD O• ¢ ~ ►z .►3 O �� O O fa, P? , '.3' . P- �n N O ,fir CD N ►°-►) Q r+ O P- P) c j> � ITY ATTORNEY DATE PLNLSF 1085-resolution By Afç.. 3i4t Councilmember Adopted ;PR 2 2 2008 -O ./SeA.-- City Clerk A )11446e 4 :414.1.93._ 1770r/eff PP • - r ' Mayor eet, Omaha,Nebraska 68110; 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 an agreement with Mr. Harris 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 approved by the Planning Department. Owner Dat 3 of 3 nish coats approved semi-gloss paint. c). Prepare and paint all window casing, jamb, stop trim, stool surfaces. - Apply minimum 2 coats approved color semi-gloss paint. e). HEPA vacuum and clean all window trough and sill surfaces, as necessary to pass clearance. Lead Hazard Reduction Work & Paint Stabilization 1. Interior Paint Stabilization at Trim Surfaces a). Include previously painted interior trim surfaces, pantry, hallway and stairway to basement. b). Prepare, mist remove all loose paint, and apply 2 finish coats approved semi-gloss paint. 2. Wall and Ceiling Repair and Paint Stabilization. a). Include previously painted wood surfaces, and all cabinet surfaces. a). Southwest bedroom (northwest area) - Repair, prime and paint the ceiling, wall and trim 2 coats approved paint. b). Pantry, hallway and stairway to basement - Repair, prime and paint the ceiling and wall & trim surfaces 2 coats approved paint. 3. Interior Areas of the Porch (floor, ceiling, walls, trim, etc.) a). Wet scrape remove all deteriorated paint, prime and paint minimum 2 coats approved paint. - Maximum of 2 different colors. 2of3 aRETENTION - _$ We^Tani OTH WORKERS COMPENSATION AND ___JOKY LIMITS ER A EMPLOYERS'LIABILITY WC 0000545 01/28/2008 01282009 •EL EACH ACCIDENT T a_ 10C�000 ANY PROPRIETOR,PARTNER/EXECUTIVE -- --• ' OFFICER/MEMBER EXCLUDED? E,L,DISEASE,EA EMPLOYEE 5 1 Och000 , If yes.de8crIR 'tnder ----' ' SPECIAL PROVISIONS nelo. _ E.L.DISEASE a POLICY LIMIT $ 50C1000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS I' THE CITY OF OMAHA IS LISTED AS AN ADDITIONAL INSURED PER ENDORSMENT CG20-12-07-98. COVERAGE ONLY APPLIES To THE EXTENT PROVIDED BY THE POLICY AND IS SUBJECT TO ALL THE POLICY TERMS,CONDITIONS, EXCLUSIONS AND ALL APPLICABLE LAWS. CERTIFICATE HOLDER CANCELLATION • 1 SHOULD ANY OP THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRJaroN DATE THEREOF,NE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN CITY OF OMAHA NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL PLANNING DEPT. IMPOSE NO OULIOATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 1819 FARNAM ST. REPRESENTATIVES. _ OMAHA, NE 68183 AUTHORIZED REPRESS r, ACORD 26 42001/08) 'ACORD CORPORATION 181313 lr TO 2,e 57e-f/e 1 orate undetected or be modified without the additional compensation at the rates established as knowledge of The Schemmer Associates Inc., the part of this agreement. Owner agrees to accept responsibility for the completeness, correctness, and readability of the 14. GEOTECHNICAL MATERIALS TESTING electronic media after an acceptance period of 30 SERVICE. In the case that geotechnical and/or days after delivery of the electronic files, and that materials testing services are provided by The upon the expiration of this acceptance period, the Schemmer Associates Inc., our supplementary Owner will indemnify and save harmless The General Conditions for Geotechnical and Schemmer Associates Inc. for any and all claims, Materials Testing shall be considered a part of this losses, costs, damages, awards, or judgments document. arising from use of the electronic media files or TSA Form 7 12/06 n general circulation media,trade association publications,and protected-focus media for a reasonable period before bids are due; f. Notification,in writing,to a reasonable number of specific PBE/DBEs that their interest in contract work is solicited,in sufficient time to allow the PBE/DBEs to participate effectively;