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RES 2004-1352 - Agmt for rehabilitation of 1451 Emmet St
` 1`,�es RECEIVED Planning Department �;�-�;� Omaha/Douglas Civic Centel `+r•'fi�CC'�� xa!!f`'li(,,�'+:1�Rci„ 1819 Farnam Street,Suite 1100 c,® Ci4te � OCT I P f 1S• 26 Omaha,Nebraska68183-0002 (402)444-5206 ° t.e. CITY CLERK (402)444-5150 R�TFD Fasi° x.-.O MA i' r,, N B P A S h'i�°� Telefax(402)444-6140 City of Omaha �'> Robert C.Peter' Mike Fahey,Mayor Director October 26, 2004 Honorable President and Members of the City Council, The attached proposed Resolution is for the rehabilitation of the property owned and occupied by Rhandi Tyler, Owner and Billy R. Tyler, Owner's Spouse, 1451 Emmet Street, through the HOME Single Family Target Area Rehabilitation Program in the Florence Boulevard Target Area Neighborhood. The contractor is Rife Construction. - The Tyler's annual household income is 50.63% of the Median Income by Family Size as established by the Department of Housing and Urban Development. The rehabilitation project funding is comprised of a$34,970.00 Repayable Loan, and a$30,000.00 Deferred Payment Loan (DPL) for a total of. $64,970.00. These funds shall be paid from the FY 2004 HOME Single Family Target Area Rehabilitation Program, Fund No. 12179, Organization No. 128038. The Planning Department Financing Guidelines for the Target Area Program provides that hard construction costs do not exceed $55,000.00. This project was competitively bid with the best bid being received in an amount of $56,495.00, from Rife Construction. Although the hard • construction costs exceed $55,000.00, the Planning Department believes this bid is reasonable for the renovation of this property based on the certified cost estimate and the bids received. The rehabilitation of this single-family home meets the requirements of the Federal HOME Program, the City's Underwriting Guidelines and is consistent with the Consolidated Submission for Community Planning and Development Program approved by the City Council on November 4, 2003, by Resolution No. 1328. Upon completion, this house will qualify as meeting the City's approved Comprehensive Affordability Strategy. I r - Honorable President and Members of the City Council Page 2 The General Contractor, Rife Construction, has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Department will review the Contractor to ensure compliance with the Contract Compliance Ordinance. Your favorable consideration of this Resolution will be appreciated. Sincerely, Referred to City Council for Consideration: 71AA'4(71/ - Robert C. Peters Date Mayor's Office Date Planning Director Approved as to Funding: Approved: C.e.L„ `w ,o 16\vi43* 1i 7-01 Carol A. Ebdon G/ Date Gail Kinsey Th pson Date Finance Director i �'4,Del Date Relations Director P:\PLN2\2481sap.doc . LOAN AGREEMENT -HOME PROGRAM THIS AGREEMENT by and between the CITY OF OMAHA, a Municipal Corporation of the Metropolitan Class of the State of Nebraska(hereinafter referred to as "City"), and (OWNER'S NAME) Rhandi Tyler and Billy R. Tyler, Owner's Spouse (ADDRESS) 1451 Emmet Street, Omaha,NE 68110 (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS, the Owner is the sole owner of a certain property located at: (Address) 1451 Emmet Street, Omaha,NE 68110 and legally described as follows, to wit: Lot 1, Block 2, Sulphur Spring, an Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County, Nebraska(commonly known as 1451 Emmet Street) (hereinafter referred to as the"Property"); and, WHEREAS, the City receives funds p ursuant t o an A greement with the United S tates Department of Housing and Urban Development, pursuant to the National Affordable Housing Act of 1990, Title II; and, WHEREAS, this Property qualifies as non-luxury housing, pursuant to Section 92.205 of the HOME Investment Partnership Program, regulation 24CFR Part 92; and, WHEREAS, the Owner desires to use a portion of such Title II funds as a Loan for the purpose of rehabilitating the Property; and, 1 WHEREAS, the parties wish to agree upon the terms and conditions which the Owner must abide within consideration of receipt of Title II loan funds. IN CONSIDERATION OF THE MUTUAL AGREEMENTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. The following terms shall have the following meanings for all purposes in this Agreement. (a) "Rehabilitation Contract" shall mean the contract for specified construction work at the Premises as follows: (Contractor) Rife Construction Company (Date Contractor Signed Rehabilitation Contract) August 31, 2004 (Loan No.) 04-HOME/0504 (b) "Contractor" shall mean the contractor party to the Rehabilitation Contract. (c) "Director" shall mean the Director of the City of Omaha Planning Department. (d) "Dwelling" shall mean the residential structure upon which the rehabilitation 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) "Rehabilitation Work" shall mean the construction work agreed upon in the Rehabilitation Contract. (h) "Deferred Loan" shall mean the loan is payable only upon the leasing or renting, or sale, grant, mortgage, assignment or other transfer of the property or a portion thereof by the owner. However, if owner retains title in the property and resides thereon for a period of ten (10) years, the loan together with the deed oftrust securing said loan shall be released from the property. (i) "HOME Repayable Loan" shall mean the loan is amortized over a period of time, normally from ten (10) to twenty-five (25) years, and monthly payments are required, i ncluding p rincipal, interest, and escrow payments which may include taxes and insurance. 2 (j) "Progress Payment" shall mean that the total Rehabilitation Contract price shall be paid in one or more disbursements, based on the value of the work completed at the time the payment request is made. (k) "Owner" shall mean the Title Holder of the Premises to be rehabilitated. (1) "HOME" shall mean the program conducted under the provisions of the National Affordable Housing Act of 1990, as amended, (42 U.S.C. 12701 et. seq.), and the Code of Federal Regulations (24 CFR Part 92). Section 2. The City agrees to make a Repayable Loan to the Owner for the sum of $34,970.00 pursuant to the City of Omaha loan underwriting guidelines of the current HOME Program Year and make a Deferred Payment Loan in the amount of $30,000.00. Both are hereinafter referred to as the "Loan". (a) The final Progress Payment from the loan shall be paid-in-full when the Director approves a certificate of completion pursuant to the Rehabilitation Contract. (b) Progress Payments from the loan may be paid from time to time, pursuant to the Rehabilitation Contract, subject to prior approval of the Director. (c) The Rehabilitation Contract and any change thereto shall be first approved by the Director in writing. (d) The loan and the terms of this Agreement shall be secured by a deed of trust against the subject property. (e) The funding of the loan is contingent upon the availability of sufficient HOME funds in the current program year. No order to proceed using these loan funds shall be approved until the availability of such HOME Funds is certified by the City Finance Director. The Planning Director shall notify the Contractor of the above contingency in writing prior to the time of closing. Section 3. The Owner authorizes the City to make loan payments directly to the Contractor. Section 4. The Owners shall: (a) abide by the terms and conditions of this Agreement, the Promissory Note evidencing the loan, and the deed of trust securing both of the above; and, (b) maintain the Premises in a safe and sanitary condition, conform to City housing and zoning ordinances and not commit waste; and, 3 (c) own the Premises and principally reside at the Dwelling for the entire term of the Repayable Loan if the Owners have received a Repayable Loan. If the Owners have received a Deferred Payment Loan, the Owner shall own the Premises and principally reside at the dwelling for ten (10) years after the issuance of the certificate of completion pursuant to the Rehabilitation Contract. Section 5. The Owner agrees, and the City states, 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 Rehabilitation Work; and, (c) owes n o duty t o the Owner or any other person that shall arise because of any inspection of the Premises by the City's agents or 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 6. Either party may pursue any remedy to enforce this Agreement at law or equity; except in the event of the breach of Section 4(c) herein, the City shall be limited to having no further obligation to disburse remaining loan sums and shall be reimbursed by the Owner in accordance with the following formula: A Deferred Payment Loan is depreciated over the life of the single family rehabilitation loan as follows: (1) If the Owner sells, conveys, rents or otherwise vacates the Premises in the first five years after completion of the Rehabilitation Work, the Deferred Payment Loan is payable in full; (2) If the Owner sells, conveys, rents or otherwise vacates the Premises after five years after completion of the Rehabilitation Work, the Deferred Payment Loan is depreciated by one/one hundred twentieth (1/120th) of the original loan balance for each month the owner occupies the Premises. Section 7. This Agreement shall be binding upon the parties hereto and shall run with the Property. Section 8. The Owner certifies, to the best of his/her/their knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal 4 grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a M ember o f C ongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit I Standard Form-LLL "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Section 9. This Agreement is not assignable without prior written consent of the City. 1 Section 10. 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 1 contract. 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 City Council. ATTEST.-',,,. . ,,, !, ` .-1 CITY OF OMAHA, A Municipal Corporation - 4 '', / )Th+4424 844640„ /6,--Ate-- 1 DEP U i yity clerk of the City f Omaha Mayor of the City of Omaha i \ 1 DATE:r A.; o2P _ s I I,' ../ 0161" —a6e-A-- "1- 1-0"/- (R,CIAC01119,i• to .._ Rhandi Tyler Date Billy' . Tyler,Owner po se Date Date Date APPROVED AS TO FORM: 1 /dAv/o WITNESS `C Y ATTORNEY 1 5 REHABILITATION CONTRACT Loan Number: This Contract is between Rhandi Tyler& Billy R. Tyler (Owner's Name) of 1451 Emmet Street , Omaha, Nebraska (Owner's Address) (City and State) (referred to herein as the "Owner" and Rife Construction, Inc. (Contractor's Name) of 4515 Military Avenue , Omaha, Nebraska (Contractor's Address) (City and State) a Corporation (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 1451 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 executr and approved copy of the Contract is not delivered to the Contractor on or before, 3e--1 3 j , 2004, (date equal to sixty (60) Date) days from date that the Contractor signs this contract), the Contractor may refuse to be bound by the terms of this Contract. If, however, a properly executed and approved copy of this Contract is delivered after the above date and the Contractor subsequently performs work or delivers materials to the Property, the Contractor shall be bound by the contract. For the purposes of this paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the Contractor upon mailing by the City to the Contractor's address shown above. The Contractor shall not be compensated under this Contract for work commenced or materials delivered to the Property before the Effective Date. 2. THE CONTRACT: This Contract consists only of this Part 1 (Specific Terms) and the following attachments: A. Schedule of Work (work write-up dated May 19, 2004); 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$56,495.00. 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- 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- 7. PARTIES TO CONTRACT: The OWNER and CONTRACTOR agree that they I 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. r A, /k1 ((- to o (Owner) Rha ipTyler, Owner (Date) (Owner) ly R. Tyler, (Date) Owners Spouse (Owner) (Date) (Owner) (Date) • (Owner) (Date) (Owner) (Date) 4I Carty /t&()(kik 10-04 (Witness) V (Date) Rife Construction, Inc. (Contractor) (Date) BY: TITLE: t Leer/5 r/5 itn s) ( at ) Approved by the City on 9 4 � , 20 , BY: Robert C. Peters TITLE: Planning Director Mailed to CONTRACTOR, and Effective on I I-- /© , 20 0 , -4- i 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 $200,000 (3) Combined Bodily Injury and Property Damage $400,000 (4) Product, Including Completed Operations $100,000 (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: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability or national origin. The -5- i 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. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, age, disability or national origin. 3. ASSIGNMENT: The Contractor agrees not to assign this Contract without written consent of the Owner and written concurrence by the City. 4. CHANGE ORDERS: The Contractor agrees not to make any changes to the Schedule of Work or the Specifications, whether or not requested to do so by the Owner, without a written change order executed by all parties prior to the commencement of the work. A written and executed change order is required even if the modification involves no change in the dollar amount of the Contract. 5. PERMITS AND CODES: The Contractor agrees to secure and pay for all applicable and necessary permits and licenses required for the Contractor's performance of this Contract in compliance with applicable requirements, including local building and housing codes where applicable, whether or not covered by the specifications and drawings for the work, and further agrees to perform all work in conformance with the highest standard of all applicable codes and local property rehabilitation standards. 6. HOLD HARMLESS: The Contractor agrees to defend, indemnify and hold the Owner harmless from any liability or claims for damages because of bodily injury, death, property damage, sickness, disease, or loss and expense arising from the Contractor's performance of this Contract. Both parties agree that each Contractor and Subcontractor is acting in the capacity of an independent contractor with respect to the Owner. The Contractor further agrees to protect, defend, and indemnify the Owner form any claims by laborers, subcontractors, or suppliers for unpaid work or labor performed, or materials supplied in connection with this Contract. 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. -6- t 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 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; -7 - l 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 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 - 8- • understanding, a notice, to be provided, advising the said labor union or worker's representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The contractor will comply with all provisions of Executive Order 11246 of September 24,1965, (or as may be amended) and of the rules, regulations, and relevant orders of the U. S. Secretary of Labor. E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, (or as may be amended) and by the rules, regulations and orders of the Secretary of Labor and/or the U.S. Secretary of Housing and Urban Development and will permit access to his/her books, records, and accounts by the Secretary of Housing and Urban Development, or his/her designees, and the Secretary of Labor, or his/her designees, for purposes of investigation to ascertain compliance with such rules, regulations, and orders. F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract, or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts or Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965; and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rules, regulations or orders of the Secretary of Labor, or as otherwise provided by law. G. The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or 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. -9- A. The work to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 13 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area(s) and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. B. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development as set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. C. The Contractor will send to each labor organization or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his/her commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment and/or training. D. The Contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for, or recipient of, Federal financial assistance take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcontract with any subcontractor where he/she has notice or knowledge that the latter has been found in violations of regulations under 24 CFR Part 135, and will not let any subcontract unless the 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. - 10- 15. MISCELLANEOUS PROVISIONS: The Contractor and Owner agree as follows: A. That the Owner shall permit the Contractor to use, at no cost, existing utilities such as light, heat, power, and water necessary to the carrying out and completion of the work. B. The parties agree that the reference to "days" in this Contract shall mean consecutive calendar days; provided, however, that in the event the last consecutive day of the term shall be on a Sunday or legal holiday, the term shall then terminate on the next regular day. C. The parties agree that materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor unless otherwise specified by the Owner. D. The parties agree that should any dispute arise respecting the percentage of completion, the construction, the meaning of drawings or specifications, or should any dispute respecting the true value of any omitted or improper workmanship or materials, or of any loss sustained by the Owner, and if the manner of estimation is not herein otherwise provided for, the same shall be determined in the following manner: Either party shall notify the other in writing that the dispute be submitted to arbitration. Within ten (10) days after such written notice, each of the parties shall meet with the Director of the Planning Department, or his/her authorized representative, and both parties agree to be bound by the decision reached as a result of this meeting. If a finding of a formal dispute resolution finds that the Contractor must be paid, and if the Owner refuses to give his or her approval, the City must authorize the disbursement and process for payment without the Owner's signature, noting the reasons for doing so on the pay request and in the rehabilitation file. E. As governmental funds are being used, the Contractor agrees that he/she and his/her subcontractors will obey all civil rights and equal employment 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. - 11 - 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. Documentl - 12- �t,,tAHA.NFO , ��'s� Target Area Project Planning Department `� Omaha/Douglas Civic Center yy tr ay 1819 Parnam Street,Suite 1100 z `�� ¢ Omaha,Nebraska 68183 t r . 1M.1 ` p (402)444-5150 o. ��.p..,.:.� Inspector: Robert M. Manners 444-5494 pA ~. �q 4� May 19, 2004 Telefax(402)444-6140 'NFU FEO• Robert C.Peters City a ha Lead Hazard Control Plan Director Mike Fahey,Mayor i Work Write Up Rhandi & Billy Tyler 1451 Emmet St. Omaha, Ne. 68110 The contract bid documents consist of the following three (3) parts: 1 . The general responsibilities for the contractors and the owner. 2. The Sequence of Activities. I 3. The Work Write-Up and Hazard Control Plan. Includes: The lead hazard reduction work item. The normal work items. The Contractor Responsibilities 1 1 . Perform the work in the order called for in the Sequence of Activities document. 2. Achieve the workmanship and materials as called for in the "Construction and Rehabilitation Specifications, Housing and i Community Development Division, City of Omaha, Nebraska". (Copies available at the Planning Dept.) 3. Add premium cost of $200.00 for pollution liability insurance. 4. Add sales tax and delivery for allowance costs to final bid. 5. Contractor to field verify all existing conditions, any discrepancy between the Work Write-Up, the drawings and existing conditions shall be brought to the immediate attention the Rehabilitation Inspector. 6. Be responsible for all means and methods required to perform the work in accordance with the lead hazard reduction procedures as published in HUD's "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing". 7. Use workers trained in safe work practices or workers supervised by a Nebraska certified abatement supervisor to do the lead hazard reduction work. 8. Comply with OSHA regulations for worker protection. 1 1451 Emmet St. Contractor Responsibilities continued: 9. Make every effort to match existing materials and surrounding surfaces. 10. Contractor shall provide solid wood blocking behind all wall mounted fixtures and accessories. 1 1 . Contractor to coordinate daily construction schedule with owner. 12. Contractor to submit information cut sheets for all substitutions or approved equals. No substitutions or approved equals shall be installed PRIOR to written approval of the Rehabilitation Inspector. 13. Move all furniture and appliances necessary to do required work. Large furniture may be wrapped with plastic, seal all joints. 14. Contractor to repair or replace all items damaged or disturbed during construction. 15. Contractor shall at all times keep the site of work and surrounding area free from accumulations of waste materials or rubbish caused by their work. 16. Upon daily completion of work the contractor shall clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of work areas in a neat, sanitary and presentable condition. 17. HEPA vacuum and clean all surfaces and horizontal surfaces to achieve clearance. Repeat the cleaning process if clearance is not met. 18. Workers shall NOT smoke in the house and shall conduct themselves in such a manner so as to demonstrate respect for home and neighborhood. 19. Note: Lead-based paint hazard reduction work for this project is considered abatement per HUD regulations. Lead-based paint hazard reduction work will have to be completed by a State licensed firm and reported to the State. The Homeowner Shall: 1 . Provide an unobstructed work area prior to performing the work. 2. Remove and store away all pictures, lamps, knick-knacks, valuables, etc. 3. Owner to make all color, pattern and style selections. 2 1481 Emmet St. Sequence of Activities Phase 1 Install a plastic doorway barrier between the dining room and the den. Complete the lead hazard reduction work in the den. Obtain clearance. The family can remain in the house during this work. Phase 2 Seal doorway between the kitchen and the rear entry. Complete the lead hazard reduction work in the bathroom and the rear entry. Access the work area thru the rear entry door. Obtain clearance. The family will have to use the front or side doors to access the rest of the house. The family can remain in the house during this work. { Phase 3 Install barriers as required to control the dust. Complete the lead hazard reduction work in the kitchen and the 2nd floor and the remainder of the 1st floor window replacements. Complete the normal work, as required, to have a working kitchen. Obtain clearance. This work is to be completed in 14 calendar days plus 3 days for clearance. The family be relocated to temporary lead safe living quarters and will not be able to be in the house during this portion of the work. Phase 4 The remaining exterior lead hazard reduction work can be completed at anytime as long as the family has a lead safe entrance to the house. ' Note: The contractor may submit a different phasing plan for approval or a different phasing sequence for approval. 3 1451 Emmet St. Work Write-up and Lead Hazard Control Plan House Exterior Lead Hazard Control Work: 1 . Install barriers as required by the Sequence of Activities. 2. Remove and properly dispose of the windows and associated window framing from the front porch. 3. Remove and properly dispose of the combination storm windows being replaced by new windows. 4. Remove existing window sashes and necessary stops from twenty- one (21) double hung windows. 5. Remove the window pulleys and fill the weight pockets with minimal- expanding foam insulation. 6. Install nineteen (19) double hung replacement windows and 2 glass block window. Ten (10) first floor windows to be Clad Ultimate Insert Double Hung replacement wood window, with full screen, by Marvin Windows and Doors, or approved equal. Available through Chicago Lumber Co. at 14th & Pierce, Omaha, Ne. Two (2) first floor windows at the bathroom and kitchen and the seven (7) second floor windows to be Prism Ultra Gold, white color, double hung vinyl replacement windows with full screens, by Simonton Windows, or approved equal. Available through Norandex Building Products at 13530 "I" Circle, Omaha, NE. The pantry and the 2nd floor bathroom windows to be replaced with vinyl framed glass block window by Johnson Sash & Door or approved equal. 7. Install batt insulation, as required, between new windows and the existing frames. 8. HEPA vacuum and clean all window trough and sill surfaces. 9. Prepare and prime areas of existing window units that will be exposed after the new windows are installed. This includes exterior trims. 10. Repair and refinish the basement windows. 1 1 . Replace the missing eave boards. 12. Prepare, prime and paint the follow: door frames and trims, eaves, porch beams, porch columns, porch rails, and porch ceiling. This includes the interior of the front porch. 13. Strip, prime and paint the porch floor Normal Work: 1 . Repair two (2) storm doors. 2. Remove one (1 ) storm door and install new storm door by Larson or approved equal. New door to be Life Core Series. Verify which storm door with the Rehab. Inspector. 3. Remove front porch storm door and door framing. 4 it 1451 Emmet St. Exterior Normal Work continued: 4. Replace approximately 50 SF of damaged siding. Prime and paint to match the existing siding. 5. The enclosed front porch will be returned to an open front porch. Install new drainage holes at the rails. Include required removals and replacement of existing materials. 6. Replace the front porch steps and rail caps. 7. Tuck point, prepare and paint the step rails. 8. Remove the porch crawl space enclosure and install heavy duty wood lattice enclosure. Prime and paint lattice. 9. Replace the rear porch railing. 10. Remove coat chute door and infill with glass block. 11 . Tuck point, prepare, prime and;paintthe foundation. MECHANICAL 1 . Install new central A/C unit, complete and according to code. A. Size as required. B. Existing furnace has a new A-coil. House Interior Living Room Normal Work: 1 . Remove the wall paper. 2. Repair, prime and paint the walls and ceiling. Exclude the wall panels and brick. 3. Remove and reinstall the interior entry door trim. 4. Refinish the door units, base trims and any misc. trims. 1 5. Stain and polyurethane the windows. 6. Remove floor coverings and refinish the wood floor. Stairway Normal Work: 1 . Repair, prime and paint walls and ceiling. Include repair for plumbing. 2. Refinish the stairs and landings. 3. Stain and polyurethane the windows. Dining Room Normal Work: 1 . Remove the wall paper. 2. Repair, prime and paint walls and ceiling. 3. Refinish the door units, base trims and any misc. trims. 4. Stain and polyurethane the windows. 5. Remove floor coverings and refinish the wood floor. 5 1451 Emmet St. Den Lead Work: 1 . Strip and refinish window sills. 2. Replace the base shoe. Normal Work: 1 . Remove the wall paper. 2. Repair, prime and paint walls and ceiling. 3. Refinish the base trims and any misc. trims. 4. Prime and paint the windows. 5. Remove floor coverings and underlayment. Refinish the wood floor. Kitchen Lead Work: 1 . Remove the following items: wainscot and trim, plywood and brick chimney wrap, drop ceiling, plaster ceiling, cabinets and counter tops, base trim and floor coverings with underlayment. 2. Repair and prime the walls. 3. Install 1/2" drywall, taped, sanded and primed, around the chimney. I 4. Install 1/2" drywall, taped, sanded and primed, to the ceiling. 5. Strip the friction and impact surfaces of the doors and frames. 6. Prepare and prime the door units, window units, base trims and any misc. trims. Normal Work: 1 . Paint the walls, ceiling, door and window units, base trims and any misc. trims. 2. Install framing, insulation, sheathing, siding and drywall, as required to raise the window sill height to 8" above the counter top. Cut the trims to the new window size and reinstall. 3. Install new cabinets.; see attached drawing for lay-out. New cabinet to be Aristokraft, mid-range priced, standard cabinet, as selected by the owner or approved equal 4. Install new plastic laminate counter top and backsplash. Extend backsplash to bottom of wall cabinets. 5. Install new range exhaust hood, vent thru the wall. A. Allowance for exhaust hood: $130.00 B. Repair the siding as required. 6. Install new sheet vinyl over an approved 1/4" underlayment. A. Sheet Vinyl Allowance: $16.00 per square yard. B. Repair floor as needed. 7. Install new base trim and base shoe to match the existing trim. 6 1451 Emmet St, Kitchen continued: ELECTRICAL 1 . Replace the existing ceiling light fixture. A. Fixture allowance is $100.00. 2. Install light fixture above the sink. A. Fixture allowance is $35.00, 3. Install new GFI outlets at counters per code. 4. Install new outlets for the rangeland refrigerator. 5. Install wiring;for the range hood. PLUMBING; 1 . Remove existing kitchen faucet, sink, supply lines, waste lines, and vent lines complete, as required for the new work. 2. Reinstall sink and faucet in new sink base cabinet. Repair faucet. 3. Install new gas line as required. Pantry Lead Work: 1 . Remove cabinets, base shoe trim, floor covering and underlayment. 2. Remove trims, plaster and framing, as required, to enlarge the doorway between the pantry and kitchen. 3. Strip and prime the window sill. 4. Repair and prime the walls and ceiling. 5. Prepare and prime the base trim and any misc. trims. Normal Work: 1 . Install new header and framing at the enlarged opening between the pantry and kitchen. Install drywall around the new opening and finish to match the existing walls. 2. Install new base shoe. 3. Paint walls, ceiling, window sill and trims, 4. Prime and paint the window unit and base shoe trim. 5. Install new cabinets; see attached drawing for lay-out. New cabinet to be Aristokraft, mid-range priced, standard cabinet, as selected by the owner or approved equal 6. Install new plastic laminate counter top and backsplash. Extend backsplash to bottom of wall cabinets. 7. Install new sheet vinyl over an approved 1/4" underlayment. C. Sheet Vinyl Allowance: $16.00 per square yard. D. Repair floor as needed. 7 1451 Emmet St. Rear Entry Normal continued: ELECTRICAL 1 . Install outlet for the refrigerator. 2. Install outlets at the counter. Rear Entry Lead Work: 1 . Remove the base shoe trim, bathroom door, floor covering and underlayment. 2. Repair and prime the walls and ceiling. Include the closet. 3. Strip the friction and impact surfaces of the doors and frames. 4. Prepare and prime the door units, base trims and any misc. trims and shelves. Include the closet. Normal Work: 1 . Install new bathroom door with hardware. The new door shall match the existing door, 2. Paint the walls, ceiling, door units, base trims and any misc. trims 'and shelves. Include the closet. 3. Refinish the wood floors. Bathroom Lead Work: 1 . Remove the wall panels, base shoe trim, floor covering and underlayment. 2. Strip and prime the window sill and the cabinet door. 3. Repair and prime the walls and ceiling. Include the closet. 4. Prepare and prime the door units, base trims and any misc. trims and shelves. Include the cabinet. Normal Work: 1 . Install new base shoe. 2. Install two (2) rows of 6" square ceramic tile around the tub. The top row of tile shall have a finished edge. 3. Prime and paint the new window and base shoe. 4. Paint the walls, ceiling, door units, base trims and any misc. trims and shelves. Include the cabinet. 5. Install medicine cabinet in the existing opening. Allowance $100.00 6. Install new sheet vinyl flooring over an approved 1/4" plywood underlayment. Vinyl allowance: $16.00 per square yard. 6. Install new, chrome finished, toilet accessories. Include two (2) towel bars, a hand towel holder and a toilet paper holder. 8 1451 Emmet St. Bathroom Work continued: PLUMBING 1 . Remove the existing plumbing fixtures and piping as required for the new work. 2. Refinish the existing cast iron white tub. Reinstall the tub. 3. Install new, chrome finished, pressure balanced mixing valve, with lever handle, and tub filler, Model number 1412-LHP H716 by Delta Faucet Company or approved equal. Install Delta bath waste assemblies. Install new supply lines, waste, and vent lines complete to code. 4. Reinstall existing water closet with new repair kit. Install new wax ring, and new supply line with shutoff complete. Install new waste & vent lines complete to code. Patch and repair floor as required. 5. Reinstall existing sink. 6. Install new chrome faucet, match the existing style. Include new supply lines and new shutoffs complete to codes. Install new drain, waste & vent lines complete to code. Exposed drain piping to be chrome finish. SECOND FLOOR AREAS Hallway Lead Work: 1 . Remove base shoe trim. 2. Strip and prime the friction and impact surfaces of the door units. 3. Prepare and prime the door units, the base trim and any misc. trims. Normal Work: 1 . Install, prime and paint, new base shoe. 2. Install new wood door to the northwest bedroom, match the existing door. 3. Remove the wall paper. 4. Repair, prime and paint the walls and ceiling. 5. Paint the door units, base trims and any misc. trims. 6. Refinish the wood floor. Northwest Bedroom and Closet Lead Work: 1 . Remove base shoe trim and floor covering. 2. Strip and prime the window sills. 3. Strip and prime the friction and impact surfaces of the door units. 4. Prepare and prime the door units, the base trim and any misc. trims. 9 ''crin e" ,(; 1451 Emmet St. Bathroom Lead Work: 1 . Remove the existing ceiling to the lath and install /2" drywall, taped and sanded. 2. Remove the floor covering and underlayment. 3. Repair and prime the closet walls and ceiling. Normal Work: 1 . Remove wall panels, wall paper and wood trim above the vanity. 2. Remove the existing vanity. 3. Repair, prime and paint the walls. 4. Prime and paint the ceiling. 5. Prime and paint base shoe. 6. Paint the walls, ceiling, trims and shelves in the closet. 7. Prepare, prime and paint the door units and wood trims. 8. Install new sheet vinyl flooring over an approved 1/4" plywood underlayment. Vinyl allowance: $16.00 per square yard. 9. Install new recessed medicine cabinet at the sink. Allowance $100.00. 10. Install new ceramic wall tile shower surround. A. Tile Allowance: median price range. B. Include ceramic tile corner shelf and soap dish. 11 . Install ceramic tile trims around the new window. 12. Install new, chrome finished, toilet accessories. Include two (2) towel bars, a hand towel holder and a toilet paper holder. MECHANICAL 1 . Install new ceiling mounted exhaust fan with new switch. New fan to be Nautilus NS90 or approved equal. Vent fan to the exterior thru the roof. Install required flashings and repair roof. ELECTRICAL 1 . Install new ceiling light fixture and wall switch. Fixture allowance: $50.00 2. Reinstall light fixture above sink. Conceal wiring in the wall. 3. Install wiring for the new exhaust fan. Including switch. PLUMBING 1 . Remove the existing plumbing fixtures and piping as required for the new work. 2. Install new white enameled steel tub. 3. Install new, chrome finished, pressure balanced mixing valve, with lever handle, and tub filler, Model number 1748-LHP A72 by Delta Faucet Company or approved equal. Install Delta bath waste assemblies. 11 1451 Emmet St. Bathroom Plumbing continued: 4. Reinstall existing water closet with new repair kit. Install new wax ring. 5. Install new pedestal sink. Allowance: $150.00. 6. Reinstall faucet. 7. Install exposed bathroom piping at the stair landing in the wall cavity. Basement Stairway Normal Work: 1 . Repair, prime and paint walls and ceiling. 2. Remove the vinyl flooring at the upper steps and landing. Prepare surfaces and install new vinyl flooring to match the kitchen flooring. 3. Repair and paint the lower steps. 4. Install handrail, prime and paint. Basement Normal Work: 1 . Replace approximately 75% of the basement floor. New floor to be 4" thick concrete. 2. Tuck point the loose or damaged foundation joints and cracks. ELECTRICAL 1 . Install smoke detector, connect to the house wiring. A. Smoke detector to have a battery backup. 2. Install wiring for the AC unit. 3. Repair wiring to code. PLUMBING 1 . Remove the existing, non-plastic, waste, drain and vent system complete from the first joint inside the basement wall to all fixtures and thru the roof. Install new plastic waste, drain and vent system complete according to codes. Revise existing plastic piping to the 2nd floor to conceal piping inside the walls. 2. Remove existing galvanized waterlines and install new copper waterlines from the water meter to all fixtures complete and according to code. 3. Replace existing sill cocks. 4. Clean the existing waste and drain piping to the street connection. 12 . 1451 Emmet St. TYPICAL ELECTRICAL 1 . Replace all outlet and switch covers. 2. Replace all damaged outlets and switches. TYPICAL MECHANICAL 1 . Repair all air grilles to proper operation and appearance. 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Sheet of 4 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the HOME Investment Partnerships Program Rules and Regulations, Section 92.205, authorizes the use of HOME funds to provide incentives to develop and support homeownership affordability through moderate or substantial rehabilitation of non-luxury housing; and, WHEREAS, HOME Program rehabilitation financing is intended for low income homeowners having an annual income that does not exceed 80 percent of the median income for the Omaha, NE-IA metropolitan statistical area; and, WHEREAS, the Mayor recommended various projects in the 2004 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) including the HOME Target Area Rehabilitation Program; and, City Councilapproved the 2004 Consolidated Plan November WHEREAS, the C y pp 4, 2003, by Resolution No. 1328, which included the Single Family Target Area Rehabilitation Program, and; • WHEREAS, the Planning Department Financing Guidelines for the Target Area Program provide that hard construction costs do not exceed $55,000.00. This project was competitively bid with the best bid being received in an amount of $56,495.00 from Rife Construction to rehabilitate the property owned and occupied by Rhandi Tyler, Owner and Billy R. Tyler, Owner's Spouse, located at 1451 Emmet Street. Although the hard construction costs exceed $55,000.00, the Planning Department believes this bid is reasonable for the rehabilitation of this property based on the certified cost estimate and the bids received; and, WHEREAS, this project is included in the FY 2004 Target Area Program and is eligible for funding; and, WHEREAS, this rehabilitation is in the best interest of the residents of the City of Omaha and those residing therein. By Councilmember Adopted City Clerk Approved Mayor C-25A CITY OF OMAHA LEGISLATIVE CHAMBER - Omaha,Nebraska PAGE 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: - THAT, the attached Agreement, as recommended by the Mayor, to provide $64,970.00 in HOME funding, comprised of a Repayable Loan in the amount of$34,970.00, and a Deferred Payment Loan in the amount of $30,000.00 for the rehabilitation of the property owned and occupied by Rhandi Tyler, Owner and Billy R. Tyler, Owner's Spouse, located at 1451 Emmet Street, in the Florence Boulevard Target Area Neighborhood through the HOME Target Area Rehabilitation Program, is hereby approved. The contract is to be awarded to Rife Construction. Funds shall be paid from 2004 HOME Single Family Target Area Rehabilitation Program Fund No. 12179, Organization No. 128038. P:\PLN2\2482sap.doc AP VED AS TO FORM: /24//" CITY ATTORNEY DATE TAW • By Councilmember Adopted - OCT 2 6 2004. - 0 off%% / yieekzeof7),11.a. 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