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RES 2003-1111 - Agmts for rehabilitation at 4901 Manderson St k. a F ._ 1 .,..„ ,..., . , ,..._. i ,HA, l,, F l-' 'i .,oAir '1t Planning Department c, t�, ,( 0 ; �3 r Omaha/Douglas Civic Center '�� ^ U '� li. 1,, 1819 Farnam Street,Suite 1100 ®,re�CC'� Omaha,Nebraska 68183-0110 °A' ` ro CITY (402)444-5200 �0 4 T 4'�TFD F 1,1" r�� `. (402)444-5150 i14, :1: a Telefax(402)444-6140 City of Omaha Robert C.Peters Mike Fahey,Mayor August 26, 2003 Director Honorable President and Members of the City Council, The attached proposed Resolution is for a lead based paint hazard control project at the property owned and occupied by Kevin Smyth (a/k/a Kevin Glen Smyth) and Michelle Smyth (a/k/a Michelle Minde Smyth) at 4901 Manderson Street, with combined funding from the Lead Based Paint Hazard Control Program and the Target Area Special Needs program. The contractor is Home Renewal, LLC. The Planning Department financing guidelines for the Target Area Program provide that hard construction costs do not exceed $55,000.00. The Lead-Based Paint Hazard Control Program guidelines provide an overall average grant of $8,000.00 with a maximum of $19,000.00 to achieve that average. This project was competitively bid with the best bid received at $29,541.00. Proposed funding includes a contingency for a total of$33,972.00. The Planning Department believes this bid is reasonable for the lead hazard control work on this property based on the certified cost estimate and the bids received. Mr. and Mrs. Smyth's total household income is 46% of Median Income by Family Size as established by the Department of Housing and Urban. Development. This household includes two children age six years and under. The lead-based paint hazard control project funding is comprised of a $14,972.00 Grant from Target Area Special. Needs funds, and a $19,000.00 Grant from Lead-Based Paint Hazard. Control Program funds. These funds shall be paid from FY 2003, CDBG Single Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 and from.Lead-Based Paint Program, Fund No. 12136, Organization No. 128013. The lead hazard control work on this home meets the requirements of the Federal CDBG Program and Lead-Based Paint Hazard Control Program, the City's Underwriting Guidelines and is consistent with the FY 2003 Consolidated Submission for Community Planning and Development Program approved by the City Council on November 5, 2002, by Resolution No. 2509. Honorable President and Members of the City Council Page 2 The Contractor, Home Renewal, 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: ,i / 7 �19 Robert C. Peters Date y r's Office Date Planning Director Approved as to Funding: Approved: Id11/0-3 4. f Stanley P. Timi Date R aid L. You g Date Finance Director ' ' (��� m Human Relations Director P:\P1n5\8906pjm.doc 4 LEAD-BASED PAINT HAZARD CONTROL PROGRAM UNSECURED GRANT AGREEMENT THIS AGREEMENT, made on ,a,3 , 2003, 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, Kevin Glen Smyth, AKA Kevin Smyth, and Michelle Minde Smyth, AKA Michelle Smyth 4901 Manderson Street, Omaha, NE 68104 hereinafter referred to as OWNER(S). WITNESSETH: WHEREAS, the Owner(s) is the sole owner of a certain property located at 4901 Manderson Street and legally described as follows, to wit: The East 50 feet of the North 'A of Lot 15, except the South 12 feet and except the North 17 feet thereof, and the West 11 feet of the North % of Lot 16, except the South 12 feet thereof, Block 8, Solomon's Addition to the City of Omaha, as surveyed, platted and recorded, in Douglas County, Nebraska(commonly known as 4901 Manderson Street) (hereinafter referred to as the PROPERTY); and, WHEREAS, the CITY has received funds pursuant to Grant Award NELHB0142-99 for Lead-based Paint Hazard Control from the United States Department of Housing and Urban Development, Office of Lead Hazard Control; and, WHEREAS, the OWNER(S) desire to use a portion of such Lead-based Paint Hazard Control 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 Lead-based Paint Hazard Control Funds. In consideration of the mutual agreements herein contained, the parties hereto agree as follows: Section 1. The following teinis 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: Home Renewal, LLC Date Contractor Signed: July 16, 2003 LHC File No.: OLBPHC-073 and 03-HCD/2740 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. Revised 6/26/02 1 4 t t • 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 Nineteen Thousand Dollars ($19,000.00) 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. Section 3. The OWNER(S) authorizes the CITY to make grant payments directly to the Contractor. Section 4. The OWNER(S) shall: a. Only use the grant for the lead-based paint hazard control work and for no other purpose; and, b. Attend a workshop on maintenance of lead-based paint hazard controls provided by the Douglas County Health Department or other provider approved by the Director; and c. Maintain the premises in a safe and sanitary condition, and continue lead-based paint hazard control maintenance practices. Section 5. The OWNER(S) shall pay any and all delinquent taxes on the above-described property prior to the date of this Agreement. Section 6. 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, c. Is held harmless for all injury and damages arising by virtue of this Agreement. Section 7. Either party may pursue any remedy to enforce this contract at law or equity. Section 8. This Agreement is not assignable without prior written consent of the CITY. Revised 6/26/02 2 . . { i , • Section 9. 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. ,9/_, 411 ( . C 0 7-Z3 -zl 03 Kevin Glen Smyth Date evin Glen S , Kevi myth Date kW 6/14/0 Gtflk, -7 2- d3 fVi4Pjke 7 24 D3 Michelle Minde Smyth ate Michelle Minde Smyth Dat AKA Michelle Smyth SUBSCRIBED and s to before me this o?.? day o , 2003. 410S0 ej. . p ot.' Public My Commission expirc--y a 9 ii...e.4o- ( GENERAL NOTARY•State of Nebraska JOYCE M.STEVENS ----A— My Comm.Exp.July 29,2006 ATTEST.: ''-'-' '' CITY OF OMAHA, a Municipal Corporation Y. '� ram / ity Clerk _ - - . Mayor of the City of maha Date: _ &e.iie_e,074',2 D J3 APPR AS TO FORM: 4/.5 Assistant City Attorney Revised 6/26/02 3 REHABILITATION PROGRAM UNSECURED GRANT AGREEMENT Residing Owner THIS AGREEMENT, made this 23rd day of July, 2003, 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 Kevin Glen Smyth, AKA Kevin Smyth and Michelle Minde Smyth, AKA Michelle Smyth, 4901 Manderson Street, Omaha,NE 68104, Trustee, hereinafter referred to as OWNER(S). Property: 4901 Manderson Street, Omaha,NE 68014 WITNESSETH: WHEREAS, the Owner(s) is the sole owner of a certain property located at 4901 Manderson Street: The East 50 feet of the North 1/2 of Lot 15, except the South 12 feet and except the North 17 feet thereof, and the West 11 feet of the North 1/2 of Lot 16, except the South 12 feet thereof, Block 8, Solomon's Addition to the City of Omaha, as surveyed, platted and recorded, in Douglas County, Nebraska (commonly known as 4901 Manderson Street) (hereinafter referred to as the PROPERTY); and, WHEREAS, the CITY has received 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 1; and, WHEREAS, the OWNER(S) desire to use a portion of such Title 1 funds for the purpose of rehabilitating 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 Title 1 funds. IN CONSIDERATION OF THE MUTUAL AGREEMENTS HEREIN CONTAINED, the parties hereto agree as follows: Section 1. The following terms shall have the following meaning for all purposes in this Agreement: a. "Rehabilitation Contract" shall mean the contract for certain construction work at the property as follows: (Contractor) Home Renewal, LLC (HCD File No.) 03-HCD/2740 and OLBPHC-073 b. "Contractor" shall mean the contractor party to the rehabilitation contract. c. "Director" shall mean the Director of the City of Omaha Planning Department, or his/her designated representative. d. "Dwelling" shall man the dwelling 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 construction contract. 1 Section 2. The CITY agrees to grant the OWNER(S) the sum of Fourteen Thousand Nine Hundred Seventy-two Dollars ($14,972.00) 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 rehabilitation contract; and, b. The rehabilitation contract and any change thereto shall be first approved by the Director. Section 3. The OWNER(S) authorizes the CITY to make grant payments directly to the contractor. Section 4. The OWNER(S) shall: a. Own the premises and reside at the premises for a term of at least thirty-six months after the date of execution of this Agreement; and, b. Only use the grant for the rehabilitation work and for no other purpose; 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 period the owner is required to own the dwelling. Section 5. The OWNER(S) shall pay any and all delinquent taxes on the above-described property prior to the date of this Agreement. Section 6. The OWNER(S) agree, 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 no duty to the OWNER(S) 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 7. Either party may pursue any remedy to enforce this contract at law or equity; except, in the event of a breach of Section 4(a) 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. Section 8. This Agreement shall run with the land. Section 9. This Agreement is not assignable without prior written consent of the CITY. Section 10. This Owner certifies, to the best of its 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 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 Member of 2 t Congress, 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 Standards 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 agreement(s) and that all subrecipients shall certify and disclose strategy. Section 11. 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 sha render the contract voidable by the Mayor or Council. 3-0 3 —z 3-03 evin Glen Smyt Date Kevin Glen Smyt ate AKA Kevin Smyth u i23D3 U14eIQAQQ \ DjIzè3 Michel e Minde Smyth ate Michelle Minde Smyth ate AKA Michelle Smyth STATE OF NEBRASKA ) GENERAL NOTARY-State of Nebraska )S.s. i JOYCE M.STEVENS COUNTY OF DOUGLAS ) My Comm.Exp.July 29,2006 On this date, the 23 day of Css/ A.D., 2003, before me, 3-6 fre e- M. S/cvc^/s' , a N f ary Public in and for said County, personally came Kevin GlenlSmyth, AKA Kevin Smyth and Michelle Minde Smyth, AKA Michelle Smyth, personally to me known to be the identical persons whose names are affixed to the above and foregoing instrument and they acknowledged the said instrument and the execution thereof to be their voluntary act and deed, for the purposes therein expressed. In testimony whereof, I have hereunto set my hand and affixe..by my Notary Seal at Omaha, Nebraska on the day and date last above written. ¶i, 1 ' 0.0 . y Public My Commission expires , 02db 6 . ATTEST. CITY OF OMAHA, a Municipal Corporation )44 City Clerk Mayor of the City of aha Date: v(_ D APP ED AS TO FORM: div P//Xi 3 Assistant City Attorney 6/20/01 3 REHABILITATION CONTRACT Loan Number: OLBPHC-071 and 03-HCD/2740 This Contract is between Kevin Glen Smyth, AKA Kevin Smyth and Michelle Minde Smyth, AKA Michelle Smyth (Owner's Name) of 4901 Manderson Street , Omaha, NE 68104 (Owner's Address) (City and State) (referred to herein as the "Owner" and Home Renewal, LLC (Contractor's Name) of P. O. Box 45216 , Omaha,NE 68144 (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 4901 Manderson Street , Omaha,NE 68104 (Property Address) (City and State) (herein after referred to as the "Property"). IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS FOLLOWS: PART I- SPECIFIC TERMS 1. EFFECTIVE DATE: This document shall have no force or effect unless and until executed by the Owner and the Contractor, and approved by the City of Omaha, (referred to herein as the "City"), and unless and until a properly executed and approved copy is delivered to the Contractor. The date on which the copy is received shall be referred to as the "Effective date." If a properly executed and approved copy of the Contract is not delivered to the Contractor on or before, /%�� , 2003, (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 - 1 - i 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 June 26, 2003 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$29,541.00. 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 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 -2- 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 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 whatsoeve the4 ,.rma of any terms of this Contract. - (Owner) Kevin Glen Sm (Date) (Owner) Kevin myth (Date) Kevin Smyth 144 °►- �-5--6 (Owner) Michelle Minde myth (Date) (Owner) Michelle Minde Sm h (Date) AKA Michelle Smyth (Owner) (Date) (Owner) (Date) (Witness) (Date) Home Renewal, LLC 7 A'-63 (Contractor) (Date) BY: TITLE: 8 c.r s , in e SC a n G Jc P r .777''a4--• a*,4121:„..›.- (Witness) (Date) Approved by the City on 7• ,7 , 21W, BY: Robert C. Peters 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 $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 - 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- 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- 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. F:Uean's F Drive folder\LEAD DOCUMENTS\LEAD REHAB CONTRACT.doc - 12- F otaxHA,Ark Planning Department d c`�� ► 111 Inspector: Robert M. Manners Omaha/Douglas Civic Center ss,�, t June 13, 2002 1819 Farnam Street,Suite 1100 Vv.�t1�1;,'J '+"""^ Omaha,Nebraska 68183-0110 o�r- ��;• •ry, (402)444-5200 A �i Kevin & Minde Smyth ' (402)444-5150 O��Tf4 FEPR�r Telefax(402)444-6140 City of Omaha 4901 Manderson Street Robert C. Peters Mike Fahey,Mayor Director OMAHA LEAD-BASED PAINT HAZARD CONTROL PROGRAM The Contract bid documents consist of the following sections: • General. Responsibilities for the Contractor and Occupant. • Lead Hazard Control Plan, Interim Control and Abatement of Lead Based Paint Hazards. The Contractor Shall: • Comply with HUD's "Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing". (Copies are available at the Planning Department.) • Comply with Standards called for in the "Construction and Rehabilitation Specifications, Housing and Community Development Division, City of Omaha, Nebraska". (Copies are available at the Planning Department.) • Comply with the State of Nebraska Health and Human Services Regulation and Licensure, Title 178 Chapter 23 Lead Base paint regulations. • Add contractor pollution liability insurance premium cost of$125.00. • Coordinate daily construction schedule with the occupant. • Submit information cut sheets for all substitutions or approved equals prior to written approval of the Rehabilitation Inspector. • Move all furniture and appliances necessary to do required work. Large furniture left in containment areas may be wrapped with plastic, seal all joints. • Repair or replace all items damaged or disturbed during construction. • At all times keep the site of work and surrounding area free from accumulations of waste materials or rubbish caused by the work. • Upon daily completion of work clean up all rubbish, excess material, equipment, and etc., that is connected with the work, and leave all parts of the work areas in a neat, sanitary, lead safe and presentable condition. The Occupant Shall • Remove, store away and reinstall all effected window coverings. • Remove and store away pictures, lamps, knick-knacks, valuables, etc. Initials: M Page 1 4901 Manderson Street (continued) • Lead Hazard Control Plan Interim Control of Lead Based Paint Hazards Paint Stabilization • None required. Abatement of Lead Based Paint Hazards Encapsulation • Plumb-cut rafter tails and install 2" nominal, #2 SPF, fascia, sized to cover ends of the rafter tails. Gutters will be removed by others. • Remove drip cap at the top of the skirt board as required for siding. • Install '/2" rigid insulation board, as recommended by siding manufacturer as a base for the vinyl siding, over the existing siding, skirt boards and exposed sheathing. Include the front porch railing and skirt. •: Install Tyvec, or approved equal, house wrap over the insulation board. Seal the perimeter and joints of the house wrap. • Install Mainstreet, triple 3" smooth brushed clapboard vinyl siding and accessories by CertainTeed, or approved equal, over the house wrap. Maintain the front porch drainage. • Install CertainTeed Decorative Trims as follows: Traditional corners at house corners, 3 '/2" decorative trim at window and door casing, and decorative trim with crown molding at the window and door heads. • Wrap the following with matching coil stock: window sills, window frame areas not covered by vinyl trim and new windows, front porch beam, front porch columns and column bases, front porch rail cap, eave brackets, rear porch beam and all the fascia boards. • Replace damaged trims before wrapping with coil stock. • Install vinyl beaded ceiling/soffit panels at the eaves. • Install vinyl beaded ceiling panels at the front porch ceiling, include removal of the existing cove molding and installation of vinyl cove molding. Window Treatment • Sash Replacement at Seventeen (17) Double-Hung Wood Window Locations. • Include seven (7)windows on the first floor and ten (10) windows on the second floor, this includes the two (2) interior windows at the rear sleeping porch. • This work shall be performed from the exterior side where possible. • Remove 15 combination storm windows and dispose of properly. • Remove existing sashes and necessary stops, and dispose of properly. Initials: M S Page 2 4901 Manderson Street (continued) • Install, seventeen (17), Prism Gold, white, double hung vinyl replacement windows with full screens, by Simonton Windows, or approved equal. -Simonton Windows are available through Norandex Building Products at 13530 "I" Circle, Omaha, NE. • NEPA vacuum and clean all window trough and sill surfaces. ,- ' G -17- 0 L Wok( I 1 k_ -1-1-'0Y Prope y Owner Date Property Owner Date fitness Date 1 Occupant (if applicable) Date Occupant (if applicable) Date Witness Date Page 3 ^'''''N. . , 0 cu o a) -t i . U U U a b q. ai d cn a• QQ ¢ H H W Q W ri cu N Od 69 I + ' j Fv..H R ..,... . /--4, m -, .Vim-' C.) .� c lr 8 g ..c E eininor, --- g .,.. (9 8 z ¢ w ¢ wH � Ua0 -. .. pa cn 4 O -: N ,^ O• 69 U • O \ �` p cz, G N o '. U cv Ca &' a a-1 .0 ' _ � aa1 'c eAw 121Zw 5 up ' 0 5 � i < -‹ Qa QW Q r•^• Q W V M--i !Y �J ' � 9: ' 0 cn r ems+ I M Co Q p I City of Omaha, Housing and Community Development Division COST ESTIMATE & CERTIFICATION: Target Area Exterior Project Special Needs ❑ Barrier Removal ❑ Redevelopment Area: OLBPHCP Address: 4901 Manderson St. Owner(s): Kevin & Minde Smyth The estimated cost for the above project is as follows: Preliminary Revised Date of Cost Estimate 6/26/2002 06127102 General Construction Cost $20,826 $25,183 Electrical Cost $0 $0 Plumbing Cost $0 $0 HVAC $0 $0 Overhead and Profit(15%) $3,124 $28,960 Performance Bond (3%) $0 $0 Total Construction Cost Estimate $23,950 $28,960 The source for the estimate data is the current addition of Repair & Remodeling Cost Data by R. S. Means, recent competitive bid pricing for similar work and product and material research. The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans and specifications. In our opinion the project cost estimate is accurate. This estimate is for the use of the City of Omaha, Housing and Community Development Division, Rehabilitation Section only. The actual cost may vary. Signed, Rehabilitation Inspector ff� --J Date Initial Inspection Date: 6-12-02 Work Write-up Date: 6-13-02 Approved, Rehabilitation Supervisor Date 7 B Rev. 5/9/2002 LEAD-BASED HAZARD CONTROL ESTIMATE Exterior Estimate Project Type: OLBPHCP Name: Kevin & Minde Smyth Address: 4901 Manderson St Date: UNIT DESCRIPTION QUANITY UNIT PRICE PRICE HOUSE EXTERIOR Exterior preperation level 3 4 EL 35 $ 140.00 Window site preperation 4 EL 69 $ 276.00 DOOR UNITS Remove storm doors EA 25 $ - Install new storm doors EA 235 $ - Strip and refinish door frame & ext trm SD 161 $ - Strip door unit(3X7 pnl w/frm &trm) SD 141 $ - Finish door unit(3X7 pnl w/frm &trm) SD 45 $ - Replace door unit(paneled pine pre-hung) EA 544 $ - Replace door(paneled pine) EA 384 $ - Replace door trims(ext. side) EA 52 $ - Replace door trims(int. side) EA 52 $ - Prep door unit EA 22 $ - Encap. Door unit EA 73 $ - I Wrap existing door trims EA 58 $ - WINDOWS UNITS Remove storm windows 15 EA 19 $ 285.00 Repair existing storm windows EA 33 $ - Reinstall storm windows EA 19 $ - Install new storm windows EA 103 $ - Remove wood window sash &stop 17 EA 100 $ 1,700.00 Replace wood window unit EA 450 $ - Install vinyl replacement window unit 17 EA 300 $ 5,100.00 Wrap window trims 400 LF 2.3 $ 920.00 Replace window trims(ext. side) EA 50 $ - Replace window trims(int. side) EA 50 $ - Strip trims(ext. 3X5) EA 22 $ - Prime and paint window trims(ext. 3X5) EA 25 $ - Prep window unit(ext. 3X5) EA 20 $ - Paint window unit(ext. 3X5) EA 30 $ - Encap. window unit(ext. 3X5) EA 40 $ - Paint interior sill EA 20 $ - Install vinyl jambs EA 54 $ - Strip and refinish 2 sash std dblhg SD 127 $ - Replace broken glass EA 40 $ - Replace exterior sill EA 100 $ - I Replace basement windows EA 259 $ - Strip basement windows EA 65 $ - Prime and paint basement windows EA 40 $ - Prep basement windows unit EA 12 $ - Encap. basement windows unit EA 30 $ - Install basement screens EA 41 $ - Page 1 Name: Kevin & Minde Smyth Address: 4901 Manderson St UNIT DESCRIPTION QUANITY UNIT PRICE PRICE HOUSE SIDING Install vinyl siding & house wrap 2300 SF 4 $ 9,200.00 Install alum. soffit panels & house wrap 240 SF 4 $ 960.00 Wrap fascia(plain w/crown 2.75/LF ES) 240 SF 3 $ 720.00 Encapsulation of siding w/ paint product SF 1.75 $ - Encapsulation of eaves w/ paint product SF 1.75 $ - Rework fascia ends 130 SF 3 $ 390.00 Install new siding(cement lap) SF 2 $ - Remove paint from siding and trims SF 2.9 $ - Prime and paint siding and trims SF 1.1 $ - Remove paint from the eaves SF 3.5 $ - Prime and paint eaves SF 2 $ - PORCHES Remove paint from porch ceiling SF 3.5 $ - Prime and paint porch ceiling SF 1.7 $ - Encap porch ceiling w/ paint SF 2.3 $ - Remove porch ceiling trim LF 1 $ - Remove porch ceiling SF 0.4 $ - Install porch ceiling SF 4 $ - Install plywood over porch ceiling SF 2.9 $ - Install porch ceiling trim SF 1.82 $ - Install vinyl porch ceiling & house wrap 144 SF 3.5 $ 504.00 Remove paint from porch floor SF 3 $ - Prime and paint porch floor SF 0.92 $ - Encap. Porch floor w/ paint SF 2.3 $ - Replace porch floor SF 4.3 $ - Install plywood over porch floor SF 3.15 $ - Remove paint from porch beam SF 3 $ - Prime and paint beam SF 1.15 $ - Wrap porch beam 34 LF 2.75 $ 93.50 Encap porch beam w/ paint SF 2.3 $ - Remove paint from porch columns LF 4 $ - Prime and paint columns LF 2.4 $ - Wrap porch column 18 LF 6.9 $ 124.20 Encap porch column w/ paint SF 2.3 $ - Replace porch columns LF 19.1 $ - Remove paint from rail cap LF 4 $ - Prime and paint rail cap LF 3 $ - Wrap porch rail cap 32 LF 2.75 $ 88.00 Replace porch rail cap LF 5.6 $ - Replace porch rail LF 29 $ - Replace front porch steps EA 53 $ - Replace rear porch steps EA 53 $ - Install lattice at porch SF 3.4 $ - Tuck point foundation LS 360 $ - Remove paint from foundation SF 3 $ - Page 2 Name: Kevin & Minde Smyth Address: 4901 Manderson St 1 UNIT DESCRIPTION QUANITY UNIT PRICE PRICE SOIL TREATMENT Backfill foundation CY 65 $ - Replace soil CY 100 $ - Install ground cover at bare soil SF 0.7 $ - Seed backfill SF 0.55 $ - Install conc. Paving SF 5 $ - Encapsulate playground w/sand SF 2.15 $ - Total $ 20,500.70 Insurance fee $ 125.00 State fee $ 200.00 Total $ 325.00 Total $ 20,826 Overhead & Profit $ 3,124 Bonds $ - Exterior Total $ 23,950 Page 3 J J . 1 U.S. DEPARTMENT OF HOUSING AND URbAN DEVELOPMENT ENVIRONMENTAL/ HISTORIC COMPLIANCE CHECKLIST I PURPOSE: To be used -for analysis and documentation of- projects and -activities Ieither partially or wholly funded with Federal financial assistance and placed in the project file. PROJECT NAME (if applicable): APPLICANT: PROJECT/ ACTIVITY(if applicable): L- FFtr' er-f- G'' /fl'/./7/ ivii`A ,4-' (J,z/Tf,/'`/_ REHAB PROPERTY ADDRESS: 4t- (J / f,1✓1,✓/,f4:f?r,,/ `cc"; _ 1 COMPLIANCE FINDINGS Action taken to Achieve Compliance / . • • DAY iair ale on d i on t �,.pli tat cat I s n Compliance d'" ul idlf i is ; Reason for Non-Co• mpliance • . Factors in ns ig- d� ec ri't (note conditions andfor source •• �s co rrit sP is documentation for findings) NOISE • _ (24 CFR PART 513) • HISTO-RIC • PRESERVATION (36 CFR PART 800) FLOODPLAIN / MANAGEMENT ' (E.O. 11988) ENERGY CONSERVATION // ' • (24 CFR PART 39) • HAZARDS (24 CFR PART 51 / - AND HUD NOTICE 79-33) • OTHER (Form must be sianed and dated by Preparer and Supervisor) FREPAREP I DATE ' S' PE lS^R DATE Crn =/95cavet. orrns.anv/histccmoivcKis,.', !24 CFR Ap,T ) '7. : :'a V e =r_.i=au �o „ Planning Department e.64Omaha/Douglas Civic Center U +� �s � 1819 Farnam Street,Suite 1100 z® 1F'Af .. Omaha,Nebraska 68183-0110 °'�` '.:` w (402)444-5200 AoR �ti (402)444-5150 47'zo FEss0 Telefax(402)444-6140 City of Omaha June 18;2002 Robert C.Peters Mike Fahey,Mayor Director Er' CEIVE L. r Mr. L. Robert Puschendorf f r Deputy State Historic Preservation O JUN 2002 �' P 2 0 ..-- State Historical Society 15th & "R" Street NSHS/STATE P.O. Box 82554 HISTORIC PRESERVATION OFFICE Lincoln, NE 68508 o2of -CO o t O 2.02-/O2 0/ 0ZOG -/03 a i RE: 4160 North 60th Avenue, 4997 Spaulding Street, 2712 North 65th Avenue &4901 Manderson Street O2 O& -t01 01 Dear Mr. Puschendorf: The properties referenced above are part of a Benson area survey of historic structures completed in 2002. It was determined at the time of the survey, however, that the properties do not possess sufficient significance or integrity to be eligible for the National register. Also, the are in which the properties are located has not been identified as a potential historic district Therefore, it is our opinion that the properties are not eligible for the National Register and that there is no adverse effect on an historic property. Please let us know if you concur with our opinion. If you have any questions, please call me at 402 444 5530. Sincerely, Edward Dantzler C O U . - Rehabilitation Division Planning Department DEPUTY STATE HISTORIC.PRESERVATION OFFICER 1819 Farnam Street • D �iz// , Omaha, NE 68183. 06/12/03 14:46 V4025969378 OLSON AGENCY IJUU1/UO1 • Policy Number: Date Entered: 7/8/2002 ACORD W CERTIFICATE OF LIABILITY INSURANCE DATE MMIDD/YYYY)6/12/2003 PRODUCER AT.T, AHRRIC.Abr INSURANCE ONLYCANDFlCONFERSCATE IS ISSUED AS A NO RIGHTS UPON OF THE INFORMATION CERTIFICAATE 609 OLSON DR HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PAPILLI(7ZI, NE 68046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (402)596-9292 NAIL# INSURERS AFFORDING COVERAGE INSURED ROME RENEWAL, INC. INSURER A:sAPZC° INSURANCE COMPANY INSURER B: 13939 GOLD CIRCLE INSURERC: CB,IM3A, NE 68144 INSURER D: I I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 1 ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MA Y PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IADD'L POLICY EFFECTIVE POUCY EXPIRATION UMfI'S LTR INERD TYPE OF INSURANCE POUCY NUMBER DATE(MMIDOIYYI DATE(MMIDDIYY) $300,000 OOO GENERALUABIUTY EACH OCCURRENCE i 6/7/2003 6/7/2004 pREMI ETORENTE6 $200,000 A X R COMMERCIAL GENERAL UABILRY 01CG0473572 PREMISES(Ea eaurencel MEDEXP(Any one Pe +) $10,000 CLAIMS MADE OCCUR 300,000 PERSONAL IL ACV INJURY $ GENERAL AGGREGATE $ 600,000 PRODUCTS-COMP/OP AGG $ 600,000 GEM AGGREGATE UNIT APPLIES PER: 7 POLICY n J9,- LOC AUTOMOBILE UABILITY COMBINED SINGLE LIMB $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Per Peen) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Pa accident) NON•OWNED AUTOS PROPERTY DAMAGE $ (Per eceldSM) AUTO ONLY-EA ACCIDENT S GARAGE LIABILITY ANY AUTO EA OTHER THAN ACC S AUTO ONLY: AGG $ EXCESSIUMBRELLA LABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ • S $ DEDUCTIBLE $ RETENTION $ �(� WC STATU- OTH- WORKERS COMPENSATION AND /�I TORY LIMITS I I FR IOO,000 EMPLOYERS'LIABILITY 8/10/2002 8/10/2003 E.L EACH ACCIDENT $ A ANY OFFICERlMEMBEREXCL pU �DfECUTNE OSWC967O5910EL.DISEASE-EAEMPLOYEE $100,000 Eyes.desalbeunder EL.DISEASE-POLICY UNIT I$$00,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT!SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION CITY OF OMAHA DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN PLANNING DEPT. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL 1819 FARNAM ST. RM## 1111, OMARA, NE 68183 IMPOSE NO OBLIGATION OR UABIU ANY HIND UPON THE INSURER,ITS AGENTS OR A'TN: CHERYL WILLIAMS # 444-6140 REP E 'THE& r-„,,i, P1 ©ACORD CORPORATION 1988 ACORD 26(2001l08) OMAHA LEAD-BASED PAINT HAZARD CONTROL PROGRAM City of Omaha, Housing and Community Development Division BID EVALUATION FORM Project Owner: Kevin & Minde Smyth Project Address: 4901 Manderson St. Funding Source: Block Grant Lead Hazard Control Grant X Other Contractor Planning Dept. Comments Lead-Based Paint Hazard Interim Controls Paint Stabilization : It/9 / / 4-7f7 e ti % vrMa.,"-",r>r/C Window Treatment: Door Treatment: Miscellaneous: Lead-Based Paint Hazard Abatement Encapsulation: Window Treatment: 74 Or 9 7 03— / -'e•.. f•✓c 6-4+.47 ; c'%. ✓I`7, Door Treatment: Miscellaneous: y- Pollution Liability Fee: 12, ' NHHS Notification Fee: $200.00 $200.00 Overhead & Profit: 3 ?c) _f 77 7 TOTAL: ) 7,f— > i4 di The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable. Rehabilitation Inspector: /4' -�' �'G - Date: - f Z.. Z;e Rehabilitation Supervisor: �- Date: _177* 6-20-02 . OMAHA LEAD-BASED PAINT HAZARD CONTROL. PROGRAM City of Omaha, Hogg and Community DeSopment Division BID SHEET Open House Date/Time: 6/20/02 (5 1:00 p.m. Bid Opening Date/Time: 6/26/02 (c? 3:00 PM Project Owner: Kevin & Mincte Symthe .?3 Project Address:. 4901 Manderson Street Funding Source: Block Grant Lead Hazard Control Grant x Other BID BREAKDOWN: Bid sheets must be-filled out completely or bids will not be accepted. . Lead-Based Paint Hazard Inte jm Contrgls Bond Information: (If Applicable) Paint Stabilization: / , /9/ — If awarded the Contract, our Surety will be: Window Treatment: i 6 G J i C//V S Door Treatment: 5--&-y- 17/7g/ Miscellaneous: Of • Lead-Based Paint Hazard Abatement Insurance Information: Encapsulation: If awarded the Contract, our Insurance will be: Window Treatment: 7 "/OS `-'-s7 /(�i�i� o L So"/ Door Treatment: S96 - 92- 9 Z Miscellaneous: of ��a �'-q�✓ L�vS. Signed: of: 5,4 A c'o -i/ C Pollution Liability Ins: /Z.� "-° Addenda Received: NHHS Notification Fee: $200.00 ALTERNATE #1: Overhead & Profit: zo ALTERNATE#2: TOTAL: F Z l SL// Number of Working Days AS- This is to certify that the undersigned has read all attached documents, visited the project site, agrees to all renditions stated herein, and agrees to furnish all labor, equipment and material required to complete ail work included in the Work Write-Up. / � /l Y Signed: �� . Company: A/Ci,/= 6-=7vr my-4 Business Address: (Revised 6-;-O2) Project Gfibt/M E40 -8/J66, /°4i 'P 41/--L424 CPi✓7-/Z61-6 f C/6//4 Address 4 5,U/ ( 'O -' J View N i t View View /N/ 2/u2 View � J • �r....& y1M I e • Oa' • 06 .O • Project 0IV,,,t,f .7 vF f 4 z EAi0 - 'J6 i /74 i' /i42.Ace4 co-,✓7 f°(ZUG4 , 4 Address 4y U/ 4 N�£//a,✓ -f-C View F_ XV/z/licnt View , ---: _o ... : _. .... .. „.________ ____ ____ ___ \ _. ____ . ___ • is / _ 1 ';.. ' i _ i‘ _ _ ..-E-__ _ -.-- \ wr• _.....a. .........;_ View ,EXG f_2iv2 View illN. , , t b.j .;.z /• s 1-ivior ifingi a --..._ ------..--___ ..--.-_ W ____„7 -_____--- a _ - , .. :, r u4, 'f-___2_:.:. :-Also - : S11eeL • 1)1 fist C— I 2— 1 A ADDENDUM# 1 NAME: Kevin Smyth (AKA Kevin Glen Smyth) and Michelle Smyth (AKA Michelle Minde) ADDRESS: 4901 Manderson Street, Omaha, NE 68104 AREA: Lead-based Paint Hazard Control Program CONTRACTOR: Home Renewal, LLC The Rehabilitation Contract as originally issued, signed by the Contractor on July 16, 2003, is hereby amended as shown below: 1. Change Paragraph 1. EFFECTIVE DATE: Effective date of September 28, 2003 (date equal to sixty (60) days from date that the Contractor signs this contract) to be changed to October 28, 2003 (date equal to ninety(90) days from date that the Contractor signs this contract). 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 2 to the Contract will be incorporated in and become a part of the contract documents of the work. The Addendum No. 2 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. The undersigned hereby acknowledge and consent to the above changes to the original Rehabilitation Contract. Contractor: Home Renewal, LLC Date G o) Owner Kevin Glen Smyth Date 676 9e- c--03 Owner Kevin n Smyth Date AKA Kevin Smyth WettR, 6Ak Own er Michelle M rde Smyth Date AdeUD t1 Michel .Minde Smyth Date Michelle Smyth Rehabilitation Specialist: Mike Honaker Date C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the City annually receives Community Development Block Grant funds under Title I 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 2003 Consolidated Submission for Community Planning and Development Programs (Consolidated Plan) including the Target Area Rehabilitation Program; and, WHEREAS, the City Council approved the 2003 Consolidated Plan on November 5, 2002 by Resolution No. 2509, which included the Single Family Target Area Rehabilitation Program; and, WHEREAS, the City has received Lead-based Paint Hazard Control Grant No. NELHB0142-99 from the HUD Office of Healthy Homes and Lead Hazard Control for the purpose of assisting low and moderate income households with young children with lead based paint hazard control; and, WHEREAS, this Grant was accepted on December 14, 1999, by City Council Resolution No. 3348; and, WHEREAS, this property is eligible for funding under the Target Area Rehabilitation Program and the Lead-Based Paint Hazard Control Program; and, WHEREAS, the best bid was received in an amount of at $29,541.00, from Home Renewal, LLC to perform lead based paint hazard control work at the property owned and occupied by Kevin Smyth (a/k/a Kevin Glen Smyth) and Michelle Smyth (a/k/a Michelle Minde Smyth) at 4901 Manderson Street; and, WHEREAS, the total project dost including a contingency is $33,972.00; and, WHEREAS, this lead based paint hazard control work 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 Agreements, as recommended by the Mayor, to provide a Target Area Special Needs Grant in the amount of$14,972.00 for the rehabilitation and/or lead hazard control work at the property owned and occupied by Kevin Smyth (a/k/a Kevin Glen Smyth) and Michelle Smyth (a/k/a Michelle Minde Smyth) at 4901 Manderson Street, through the Target Area Program, Special Needs Project, in combination with a grant of$19,000.00 for lead hazard control work through the Lead-Based Paint Hazard Control Program, is hereby approved. The contract is to be awarded to Home Renewal, LLC. Funds in the total amount of $33,972.00 shall be paid, consisting of$14,972.00 from FY 2003, CDBG Single Family Target Area Rehabilitation Program, Fund No. 12186, Organization No. 129114 and $19,000.00 from Lead-Based Paint Program,Fund No. 12136, Organization No. 128013. P:\P1n5\8907pjm.doc APP V D AS TO FORM: CITY ATTORNEY DATE 1104', vt‘lat . • By ouncilmember Adopted AUG 2 6 2003 /7"0 City Clerk Approved.- :447.0e" �e� Mayor _ F • . 5' P a� P N � nCD 4 yam 0 � 2 ° 7� v, go o c. a, o �`°. o- � I o o o' ao' � = P o �,P � , = 6, � o a?: od� •' xb ¢ cr � zDew 2 o t � � Z � N r? IiIIItI!I1I ¢ 4.4 `fl • crao q CD aoZH * x n ° Aoa c o Pop 0 w �o C� r 0 '-' ok) S '•5, a0 d0 • ' � o H54 � "tv N � ° ,, `-0)• C 6 Germ co cD V t