RES 2001-2777 - Amendment to agmt with Holy Name Housing Corporation for subdivision construction I ,
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Cityof Omaha N..., N I; ::,
Robert C.Peters
Mike Fahey,Mayor October 30, 2001
Director
Honorable President
and Members of the City Council,
The attached proposed Resolution approves an. Amendment to the Agreement approved March
31, 2000 by Resolution No. 1018 between the City of Omaha and Holy Name Housing
Corporation, a Nebraska Non-Profit Corporation (HNHC) located at 3014 North 45th Street,
Omaha, Nebraska 68104, Sr. Marilyn Ross, Executive Director.
The purpose of the Amendment is to provide $450,000.00 of additional CDBG funds for the
second phase of construction in 41 lot subdivision. This CDBG allocation includes partial
financing of an additional ten (10) single-family houses, of which four (4) shall be purchased by
low-and-moderate income households. Any qualified homebuyer may purchase the remaining
six (6) homes.
The City and HNHC agree to amend the existing Agreement in lieu of adopting a new
agreement. Therefore, the City and HNHC agree to terminate the existing Agreement for the
Project approved by the City Council on.April 24, 2001, by Resolution No. 1084.
Approval of the attached proposed amendment authorizes their request.
Your favorable consideration of this Resolution will be appreciated.
Respectfully submitted, Refe to City C ncil for Consideration:
/17 ... /9•L •01 li ~ f /0 - / 9r 4.,/
Robert C. Peters Date Mayor's Offi Date
Planning Director
Approved: : : Young -'
pp ed:
ete �� , i4/2_4 /0-1 L-01
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Stanley P. im Date �� Date
Finance Director Human Relations ',rector
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AMENDMENT
THIS AMENDMENT is to the Agreement approved by the City Council on March 31,
2000, by Resolution No. 1018, and is made and entered into by and between the City of Omaha,
a Municipal Corporation in Douglas County, Nebraska (hereinafter referred at as "City") and
Holy Name Housing Corporation, a Nebraska Non-Profit Corporation (hereinafter referred to as
"HNHC").
RECITALS:
WHEREAS, on March 31, 2000, by Resolution No. 1018, the City of Omaha entered into
an Agreement with HNHC that provided partial financing in the amount of$400,000.00 in the
form of CDBG Program Deferred Payment Loan to construct ten single-family houses in the
Fontenelle View Subdivision and to sell eight of the ten houses to qualified low-and-moderate
income homebuyers; and,
WHEREAS, the Fontenelle View Residential Subdivision is a 6.8 acre, 41 lot single
family subdivision bounded by Fowler Avenue on the North, Ames Avenue on the South, 45th
Street on the East, and 46th Street on the West and this Amendment initiates the second
construction phase for this Project; and, 1
WHEREAS, HNHC has requested this Amendment to reflect the expansion of
construction of ten additional single-family houses in the Fontenelle View Target Area
Subdivision; and,
WHEREAS, the City's FY 2001 Consolidated Submission for Community Planning and
Development Programs (hereinafter referred to as "Consolidated Plan"), outlining priorities,
programs and funding allocations for the 2001 program year, was approved, as amended, on
December 19, 2000,by City Council Resolution No. 3377; and,
WHEREAS, HNHC has submitted an application that provides for the provision of
Deferred Payment Loans to HNHC for construction financing and development subsidies for an
additional ten (10) new homes and the provision of Deferred Payment Loans to qualified low-
and moderate-income homebuyers to assist in purchasing newly constructed single-family homes
in the Fontenelle View Target Area(hereinafter referred to as the "Project"); and,
WHEREAS, the Consolidated Plan identified Fontenelle View Housing Development as
an approved Project that benefits low-and moderate-income persons and therefore the Project is
consistent with the Consolidated Plan; and,
WHEREAS, the HNHC Loan Fund was included in the FY 2001 CDBG Program, as
amended, and $450,000.00 was allocated to the Project; and,
WHEREAS, the City and HNHC agree to amend the existing Agreement in lieu of
adopting a new agreement since the Project encompasses additional construction in the original
41-unit subdivision in the Fontenelle View Target Area; and, , ;:: - 14
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WHEREAS, the City and HNHC hereby agree to terminate the existing Agreement for
the Project approved by City Council on April 24, 2001 by Resolution No. 1084; and,
WHEREAS, HNHC has been and continues to be the Developer as well as the General
Contractor for homes in the Fontenelle View Target Area; and,
WHEREAS, of the ten new housing units to be constructed, four (4) of the homes shall
be purchased by households whose annual incomes are at or below 80% of the Median Income
by Family Size and the remaining six (6) units shall be available for purchase by any available
homebuyer; and,
WHEREAS, the City will convey to HNHC by Warranty Deed parcels of land sufficient
in number for this housing development Project; and,
WHEREAS, it is in the best interest of the City and the residents thereof that the City
enter into this Amendment with HNHC to provide additional funding for the Project from FY
2001 CDBG Program, approved by the City Council on December 19, 2000, by Resolution No.
3377, as amended, in the amount of$450,000.00.
NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
the parties do hereby agree as follows:
Section 1, Definitions and Abbreviations, Paragraph 1.7 shall be deleted in its entirety
and the following language shall be substituted in its place and stead:
1.7 "Low and Moderate Income Family" shall mean - household whose annual
income does not exceed 80 percent of the median income of the Omaha NE-IA Metropolitan
Statistical Area as determined by HUD (see Exhibit "S").
Section 1, Definitions and Abbreviations, Paragraph 1.11 shall be deleted in its entirety
and the following language shall be substituted in its place and stead:
1.11 "CDBG Funds" shall mean - that portion of the Community Development Block
Grant Program funds awarded to the City, subject to and conditioned upon the
actual receipt of the same by the City of Omaha, as may be available to loan
during the FY 2000 and FY 2001 program years for the use specified herein in an
amount not to exceed $850,000.00 of which $400,000.00 shall be payable from
FY 2000 and $450,000.00 shall be payable from the FY 2001 Fontenelle View
Housing Development Program, Agency No. 200, Fund No. 193, Organization
No. 8322, subject to the terms, conditions and requirements of said Loan Fund
Agreement.
Section 1, Definitions and Abbreviations, Paragraph 1.12 shall be deleted in its entirety
and the following language shall be substituted in its place and stead:
1.12 "Deferred Payment Loan (DPL) for Construction Financing" shall mean - a
$780,000.00 loan fund without interest to Developer in an amount not to exceed,.
$35,000.00 in FY 2000 and FY 2001 CDBG funds for a pre-sold property
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described herein in Section 2.1.4 made subject to the terms, conditions and
provisions of the loan agreement under which, said loan is made, secured by no
less than a second mortgage/deed of trust, which shall provide, inter-alia, that
same shall become due and payable without interest upon the sale or transfer of
ownership of the property, or portion thereof, or'interest therein by the Developer.
In the case of a speculation or model property, the DPL cannot exceed
• $100,000.00 each, secured by no less than a second mortgage/deed of trust, as
described in Section 2.13 herein.
1.12.1 "Construction Financing" shall mean !but is not limited to - bills for
acquisition, rehabilitation, construction,,closing costs, profit and overhead,
predevelopment and public improvement costs, financing, legal,
accounting, architectural or construction supervision costs, developer fees,
developer subsidies (losses) as described in Sections 1.12.2 and 1.12.3
herein, costs for materials, labor, utility hookups and site preparation
associated with the construction of properties in the Target Area.
1.12.2 Profit and overhead may not exceed 15% of hard construction cost.
1.12.3 "Development Subsidy Grant" shall Mean - the difference between the
actual cost to develop the Property and the appraised fair market value of
• the Property: The Subsidy shall be grants associated with a maximum of
ten (10) properties developed after the effective date of this Amendment
and shall be paid directly to the Developer in an amount not to exceed
$10,000.00 on any individual property.
Section 1, Paragraph 1.13.1 shall be added to Section 1 Paragraph 1.13:
1.13 Maximum Deferred Payment Loans to Assist IHomebuyers may not exceed the
following:
1.13.1 Maximum Deferred Payment Loans; to Assist Homebuyers may not
exceed the following: •
Median Income DPL Amount
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80% and Below $35,000.00
81% - 110% II $25,000.00
111% - 120% $20,000.00
Over 120% -0-
Section 1,Paragraph 1.13.2 shall be added in its entirety to Section 1 as follows:
1.13.2 The maximum sales price cannot exceed the Nebraska Investment
Finance Authority (NIFA) first-time homebuyer limitation in effect at
the time of loan closing to receive homebuyer assistance from the City.
Purchase agreements executed prior to this Amendment shall The
exempt from this provision. a.;
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Section 1, Paragraphs 1.20, 1.21, 1.22, 1.23, 1.24, 1.25 and 1.26 shall be added in their
entirety to Section 1 as follows:
1.20 "Construction Completion" shall mean - the date the Project has been certified by
the City as meeting all state, federal and local laws, ordinances, regulations and
codes, including but not limited to Section 8 Housing Quality Standards for
Existing Homes (HQS) as established by HUD, the City of Omaha Property
Rehabilitation Standards, and accessibility requirements, where applicable.
1.21 "Project Completion" shall mean - the date leveraged funds have been received by
the Developer and allocated to the Project, Construction Completion has been
certified and approved by the City, all CDBG funds have been disbursed, and all
units have been purchased by qualified low and moderate incofne homebuyers.
1.22 "Affordability Period" shall mean - that time period, five years after expiration of
this Amendment, in which Developer shall keep homes affordable. During the
Affordability Period, the Developer must ensure that CDBG-assisted units
continue to meet occupancy requirements and property standards as described
herein. For this Agreement, the Affordability Period shall commence at loan
closing with the homebuyer and continue until December 31, 2007. In the event
the term of the Agreement would be extended, the Affordability Period would be
extended for the additional time.
1.23 "Project Close Out" shall mean - the dates all Project CDBG funds have been
disbursed and City has completed HUD close out procedures (24 C.F.R. 570.509
and OMB Circular A-110 Subpart A(g)) (See Exhibit "P"). The distinction
between Project Close Out and Project Completion is that occupancy
requirements are required to be satisfied for Project Completion. As a result,
Project Close out shall typically occur prior to,Project Completion.
1.24 "Target Area" shall mean - an area bounded by Fowler Avenue on the North,
Ames Avenue on the South, 45th Street on the East and 46th Street on the West.
1.25 "Property" or "Project" shall mean - construction of twenty (20) single-family
dwelling of the forty-one (41) single-family dwelling units scheduled for •
construction in the Target Area.
1.26 "North Neighborhood Revitalization Strategy Area" shall mean - that area
designated according to CPD Notice 96-01 of the CDBG Program that requires
partnerships to stimulate reinvestment in human and economic capital and to
coordinate strategies to address these needs. The designated north Neighborhood
Revitalization Strategy Area (NRSA) is primarily a residential, economically
distressed area. See Exhibit "T" for area boundaries.
Section 2, Duties and Conditions of City Financing, Paragraphs 2.1, 2.1.1, and 2.1.2 shall
be deleted in their entirety and the following language shall be substituted in its place and stead:
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2.1 Subject to and conditioned upon actual receipt of same, the City agrees to convey
by Warranty Deed platted vacant lots in the Target Area to HNHC for the sum of
One Dollar ($1.00) and other valuable considerations. The lots conveyed shall be
free of any and all encumbrances. The number of lots conveyed shall be
sufficient in number to enable construction of twenty(20) single-family homes.
In addition, the City agrees to provide a CDBG Loan Fund not to exceed
$780,000.00 of which $330,000.00 shall be payable from FY 2000 and
$450,000.00 shall be payable from FY 2001 CDBG Program funds and a Grant
not to exceed $70,000.00 from FY 2000 CDBG Program funds for a total of
$850,000.00 CDBG funding subject to the following conditions:
2.1.1 Use of $780,000.00 in the form of DPLs as described in Sections 1.1,
1.12.1, 1.12.2, 1.13, and 1.13.1 herein, plus and program income, is
limited to approved HNHC construction activities, and use of$70,000.00
in the form of a Grant for predevelopment and public improvement costs
as described in Section 1.14 herein.
2.1.2 Loans must be made in compliance with Sections 1.12, 1.12.1, 1.12.2,
1.13, 1.13.1 and 2.6 of this Agreement and the Subrecipient Underwriting
Guidelines for a City of Omaha Deferred Payment Loan, attached hereto
as Exhibit "D" and incorporated herein by this reference as though fully
set forth.
Section 2, Paragraphs 2.16 and 2.17, 2.18, 2.19, 2.20 shall be added in their entirety to
Section 2 as follows:
2.16 Program Insurance. Developer shall procure and maintain, at a minimum, fire
and extended coverage insurance in an amount sufficient to protect the City's
interest in the Property during the Term of the Agreement and financing security
documents (OMB Circular A-110) (See Exhibit "P"). The insurance policy shall
include the City of Omaha as an additional insured. Written evidence of such
insurance shall be submitted to the City for approval. In the event of damage to
the property, any insurance proceeds are to be applied, at the discretion of the
Director, to the reconstruction of the property or repayment, in full, of CDBG
funding.
2.17 Evidence of Leverage/Matching Funds. Developer shall provide written evidence
that funds detailed in the Project Budget amounting to a total of $2.24 million
have been committed or secured for this Project.
2.18 Use Restrictions. Developer agrees that each of the housing units developed
pursuant to this Agreement:
a) is the principal residence of the owners at the time of purchase and during
the Affordability Period; and,
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b) is subject to the repayment/recapture provisions of the DPL Deed of Trust
and Promissory Note including the terms requiring payment in accordance
with Sections 1.12 and 1.13 herein.
2.19 Contractors' Insurance and Workers' Compensation. The Developer or its
contractors and subcontractors shall submit certificates of insurance in favor of
the City for review and approval by the Director. The insurance coverage shall
include, at a minimum, $200,000.00 bodily injury or death, $200,000.00 property
damage, $200,000.00 pollutant liability for lead reduction work, if applicable, and
Workers' Compensation.
Section 3, Paragraph 3.22, shall be deleted in its entirety and the following language shall
be substituted in its place and stead:
3.22 Ensure during this phase of development that the CDBG Loan funds shall only be
used to finance the construction and sale of twelve (12) housing units to be
initially owned and occupied by households whose annual incomes are less than
or equal to 80% and the remaining eight (8) may be available for purchase by
households whose annual incomes are over 80% of the "Median Income by
Family Size (MFI)".
The "Median Income by Family Size (MFI)" refers to specific income data as
published by HUD and as further updated and revised by HUD to reflect the
current or most recent income level statistics, a copy of the relevant portion of
which is included in Exhibit "S" attached hereto and incorporated herein by this
reference.
Section 3, Duties and Responsibilities of Contractor/Developer, Paragraph 3.5 shall be
deleted in its entirety and the following language shall be substituted in its place and stead:
3.5 Use the $780,000.00 CDBG funds for the new construction a minimum of twenty
(20) single-family properties in the Target Area. The Properties are located in the
north NRSA and, as such, there is an area-wide benefit to low-and-moderate
income households. Even though there is a presumption of benefit to low-and
moderate-income households, Developer shall provide written evidence that a
minimum of twelve (12) of the properties have been sold to qualified low-and
moderate-income homebuyers whose annual incomes are 80% and below the
Median Family Income (MFI). The remaining eight (8) properties may be
available for purchase by households whose annual incomes are over 80% of the
MFI.
Section 3,Paragraph 3.7.3 shall be added in its entirety to Section 3 as follows:
3.7.3 Financial Status Reports. Developer shall submit financial status reports (OMB
Circular A-110) (Exhibit "P") from time of loan closing until project completion
date as defined herein. These reports shall accompany pay requests. In the event
pay requests are not submitted for ninety(90) days, financial status report shall be
due, at a minimum, 15 calendar days from the end of the calendar year quarter.
Attached as Exhibit "U", and incorporated herein by this reference as though fully
set forth, is a sample financial status report.
Section 3, Duties and Responsibilities of Contractor/Developer, Paragraph 3.9, the last
two sentences shall be deleted in their entirety and the following language shall be substituted in
its place and stead:
Such records and accounts shall be retained for,five years from the expiration of
the Affordability Period. For this Agreement, record retention shall be required
until December 31, 2012. In the event the. Affordability Period would be
extended, the period of record retention would be extended for the additional tie.
Any contract entered into by the Developer with any contractor or subcontractor
shall include this section to insure said access.
Section 3, Duties and Responsibilities of Contractor/Developer, Paragraph 3.31 shall be
deleted in its entirety and the following language shall be substituted in its place and stead:
3.31 Davis-Bacon Labor Standards. Developer agrees to comply with the
requirements of the Secretary of Labor in accordance with the Davis-Bacon Act
as amended (40 U.S.C. 76a-a-7), the provisions of Contract Work Hours, the
Safety Standards At, the Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40
U.S.C. 276) and all other applicable federal, state and local laws and regulations
pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. Developer shall comply with and ensure that all bid documents,
contracts, and subcontracts contain the HUD 4010 Federal Labor Standards
provisions (see Attachment 2) and applicable Department of Labor Wage
Determination (Exhibit "K" and Attachment 1 herein), attached hereto and
incorporated herein by this reference as though fully set forth). In addition,
Developer shall certify that no contractor is ineligible for federally assisted work.
The wage determination may be modified to keep it current. All actions
modifying a general wage determination apply unless notice of such action is
published less than 10 days before the contract award for the Project. The wage
determination is required to be updated in the event construction has not
commenced within ninety (90) days from the idate of this Agreement. This City
will send these modifications to the Developer.as needed.
Section 3, Paragraph 3.32 shall be added in its entirety to Section 3 as follows:
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3.32 Personnel and Participant Conditions. '
3.32.1 Contract Compliance Clause.
3.32.1.1 Section 10-192 of the Omaha Municipal Code, Equal
Employment Opportunity Clause. The Developer and its
contractor shall not discriminate against any employee or
applicant for employment because of race, religion, color,
sex, age, national origin, familial or handicap status. As
used herein, the word "treated" shall mean and include,
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• 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 Developer and its contractor agree 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.
3.32.1.2 The Developer and its contractors 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, national origin, handicap or
familial status.
3.32.1.3 The Developer and its contractors shall send to each
representative of worker; with which he has a collective
• bargaining agreement or other contract or understanding a
notice advising the labor union or workers' representative
• of the contractor's commitments under the equal
employment opportunity clause of the city and shall post
copies of the notice in conspicuous places available to
employees and applicants for employment.
3.32.1.4 The Developer and its contractors shall furnish to the
Human Relations Director all federal forms containing the
information and reports required by the federal government
• for federal contracts under federal rules and regulations,
including the information required by Sections 10-192 to
10-194, inclusive, and shall permit reasonable access to his
records. Records accessible to the Human Relations
Director shall be those which related to paragraphs 3.32.1.1
through 3.32.1.7 of this subsection and only after
reasonable notice is given the contractor. The purpose of
this provision is to provide for investigation to ascertain
compliance with the program provided herein.
3.32.1.5 The Developer and its contractors shall take such actions
with respect to any subcontractor as the City may direct as
a means of enforcing the provisions of paragraphs 3.32.1.1
through 3.32.1.7 herein, including penalties and sanctions
for noncompliance; however, in the event the contractor
becomes involved in or is threatened with litigation as the
result of such directions by the City, the City will enter into
such litigation as is necessary to protect the interests of the
City and to effectuate the provisions of this division, and, in \`
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the case of contracts receiving federal assistance, the
contractor or the City may request the United .States to
enter into such litigation to protect the interests of the
United States.
3.32.1.6 The Developer and its contractors shall file and shall cause
' his subcontractors, if any, to file compliance reports with
the Developer contractor in the same form and to the extent
a required by the federal'government for federal contracts
under federal rules and regulations. Such compliance
reports shall be filed with the City's Human Relations
Director. Compliance reports filed at such times as
directed shall contain information as to the employment
practices, policies, programs and statistics of the
Developer, contractor and his subcontractors.
3.32.1.7 The Developer and its contractors shall include the
provisions of paragraphs 3.32.1.1 through 3.32.1.7 of this
section, "Equal Employment Opportunity Clause," and
Section 10-193 in every contract, subcontract or purchase
order so that such provisions will be binding upon each
subcontractor or vendor. (Code 190, Section 10-192; Ord.
No. 35344, Sections 1. 9-26-00, Executive Order 11246).
Section 4, Term, shall be deleted in its entirety and the following language shall be
substituted in its place and stead:
4.1 Term of the Agreement This Agreement shall be in full force and effect and shall
end on December 31, 2002. Services of the Developer shall start effective the
date of the proceed order issued by the City and Levels of Project Performance as
stated in Sections 2.1 and 2.16 herein shall be completed as of December 31,
2002. The Planning Director may extend the term of this Agreement, but in no
event shall the date extend beyond July 1, 2003.
WHEREAS, the remainder of the Agreement approved by City Council on March 31,
2000,by Resolution No. 1018 shall remain the same and shall be in full force and effect; and,
WHEREAS, upon execution and approval. of this !Amendment by City Council, the
• Agreement approved by the City Council on April 24, 2001, by Resolution No. 1084, shall be
terminated.
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IN WITNESS WHEREOF, the parties have executed tins Amendment as of the date set
forth below:
ATTEST: CITY OF OMAHA, a Municipal
Corporation I {I in Douglas County,Nebraska
).)(-\ •
0810Gf/ JTY:CLE K(OF THE C Y OF OMAHA MAYOR OF THE CIT OF OMAHA
/Z/1/7/ " 1A
;DATE DATE I.
.;.; . HOLY NAME
HOUSING CORPORATION, a Nebraska
Non-profit(Corporation
By:
Sr. Marilyn ss Date
Executive Director
OVEDASTOFO
u
dia e 70/6/0/
ASSISTANT CITY ATTORNEY Date
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SCHEDULE OF EXHIBITS
Agreement
Exhibit Location Description
S 3.22 HUD Median Income by Family Size
T 1.26, 3.5 North Neighborhood Revitalization Strategy
Area
U 3.73 Financial Status Report
Attachments
1 Davis Bacon Wage Decision
2 HUD 4010
P:\PLN 1\6225Apjm.doc
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EXHIBIT '!UU
FINANCIAL STATUS REPORT FORM •
(Please attach AIA G702 form and other supporting documentation for expenditures)
•
Subrecipient/Contractor: Program: CDBG
HOME
Address: , (Circle) ESG
SHP
Grant#: Other
Grant Period:
Reimbursement Period: Project Type: Acquisition
Circle all New Construction
that apply Rehabilitation
PROJECT TOTAL PREVIOUS CURRENT % BUDGET
GRANT FUNDS BUDGET EXPENDITURES MONTH'S COMPLETE REMAINING
EXPENDITURES •
•
Construction Hard Costs
Architect
Engineering
Legal
Appraisal. •
Audit
Developer Overhead •
Construction Contingency
Other—Please Specify
TOTALS
Reimbursement Requested: $
Program Income This Month $
TOTAL PAY REQUEST $
•
PROJECT TOTAL PREVIOUS CURRENT % BUDGET
MATCHING FUNDS BUDGET EXPENDITURES MONTH'S COMPLETE REMAINING
EXPENDITURES _
Owner Cash Equity I
LIHTC
Private Funds
Other
TOTAL MATCHING
I certify to the best of my knowledge that the above information is correct and complete and is for the
purpose set forth in the award documents. Financial records are available for audit or review.
•
Authorized Certifying Officer Title Date F°IL3ir
•
•
General Decision Number NE000009
I / l00 �7'�`7cow
4
Superseded General Decision No. NE990009 ` ' (_ �6/N
State: Nebraska /-4 0 6 �J •
Construction Type: �7�, 1��'
RESIDENTIAL S(/�" c T
County(ies) : ATTACHMENT 1
CASS DOUGLAS SARPY
RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family
homes and apartments up to and including 4 stories)
Modification Number Publication Date
0 02/11/2000
)\/Ail/
CAD
il;) c--/i(
0
1 I
COUNTY(ies) :
CASS DOUGLAS SARPY
BRNE0001D 07/01/1999
Rates Fringes
BRICKLAYER 20 .15 4. 95
CARP0444C 10/01/1999
Rates Fringes
CARPENTER (includes acoustical
ceiling and batt insulation) 18 . 01 4.55
ELE00022C 06/01/1999
Rates Fringes
ELECTRICIAN:
Work on 4-story apartment buildings 22.45 3 .75% + 6.84
ELEC0022E 04/01/1999
Rates Fringes
ELECTRICIAN:
Work on single family homes
and apartments up to and
including 3 stories 14.34 3 .75% + 4 .14
PLAS0538B 10/01/1999
Rates Fringes
CEMENT MASON 18 .36 2 .20
PLUM0016E 06/01/1999
Rates Fringes
PLUMBER 23 .52 6.35
SUNE4003A 06/01/1984
Rates Fringes
DRYWALL:
Hanger 13 .57 2 .10
Finisher & taper 8 . 64
INSULATOR 11 .21
IRONWORKER 13 .00 2 . 00
LABORERS:
General 10 .41 1 . 80
Mason tender 10 .585 1.80
PAINTER 10 . 00 •
POWER EQUIPMENT OPERATORS:
Loader 13 .49
SHEET METAL WORKER 11 .89 1.34
2
TRUCK DRIVER 10.27
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5 .5 (a) (1) (v) ) .
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2 . )
and 3. ) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage .and Hour Division
U. S. Department of Labor •
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2 . ) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1 .8 and 29 CFR Part 7) . Write to:
r �I
3
•
FOrylK/16 14—ett)
Wage and Hour Administrator
U.S. Department . of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party' s position and by any information (wage payment
data, project description, area practice material, etc. ) that the
requestor considers relevant to the issue.
3 . ) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4. ) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
1111
•
P�gMENTo U.S. DEPARTMENT OF HOUSING ANL ..RBAN DEVELOPMENT
Q �f11 ft l OGN • KANSAS/MISSOURI STATE OFFICE
0 III` I Z Gateway Tower II, Room 200
* -II
* 0400 State Avenue
Za II II I' Kansas City, KS 66101-2406
HUD Home Page: www.hud.gov
9e4N DE\I05)
April23, 2001
Sharon Oamek
Planning Department, llth Floor
1819 Farnam Street
Omaha/Douglas Civic Center
Omaha, NE
Dear Ms . Oamek:
SUBJECT: Fontenelle View Project, 2000-2
Enclosed is a copy of the Department of Housing and
Urban Development ' s Form 4230A, Report of Additional
Classification and Rate, dated April 23, 2001, approving
the classification and wage rate as listed. This form
shall be attached to and constitute a part of the
Department of Labor' s wage determination number NE000009
dated February 11, 2000 .
This report has been forwarded to the Department
of Labor for final approval . Should the Department of
Labor take exception to the established rate, a formal
notification will be transmitted to you. Should you
have any questions, you may contact me or Barbara C.
McGonagle at 913-551-6883 .
Sincerely,
Frank C. Bustamante
Director, Labor Relations
Enclosure
11 S DEPARTMENT OF 14 )NG AND URBAN DEVELOPMENT DATE o► REPORT
REPORT OF ADDITION...: CLASSIFICATION AND RATE •
(See Instructions on Reverse) APRIL 23, 2001
•
rrc ipi•r..t•n"I' fr u.,,u Orrr. (.�. Depnrtmenl n(I.abnr) Pnot.A: /hnme and I.neattnn of NNN Office)
•
U.S. Department of Labor U.S. Department of Housing and Urban Development
Employment Standards Administration, Wage and Hour Kansas/Missouri State Office, Gateway Tower II •
Branch of Construction Contract Wage Determination 400 State Avenue, Room 500, Labor Relations
Washington, D.C._ 20210 Kansas City, KS 66101-2406 (913) 551-6883
Y AME OF PROJECT PROJGCT NUMBER
Fontenell View Project 2000-$ CDBG
OC ATION Or o aOJEC T (City. County and State)
Omaha, Douglas, Nebraska •
OESCRIPr1ON OF MORN
•
•
Rehab •
In order to complete the Project. it is necessary to establish wage rates for the following classifications not included in the U.S.
Department of Labor Wage Determination Decision No. NE000009 Dated 2-1.1-00
CLASSIFICATIONISI BASIC HOURLY RATEISi FRINGE BENEFIT PAYMENTS
Residential Const-ruction:
Roofer $13.23
Gutter Installation $13.23
Vinyl Siding Installation $13.23
•
•
.AM.. AD=R EIS AND ZIP COOS OF LAeOP ORGANtzATION NAME *OGRESS ANC ZIP CODE OF CONTRACTOR
John Higgins Weatherguard, Inc.
Nonunion 1710 Binfield Street
Elkhorn, NE 68022
TEE O� LA BCr+ ORGA N!2ATIO N'S REAR ES EY TA TIVE. TITLE CF CONTRACTOR'S REPRESENTATIv£
Owner
121 Supporting documents attached.
El The interested parties. including the employees or their authorized representatives. agree on the classification
and wage rate
ElThe interested parties. including the employees or their authorized representatives, cannot agree on the proper
classification and wage rate. A determination of title question by the Secretary of Labor is therefore requested
Available information and recornmt•ndations are attached.
CONTRACT AWARD DATE: // QQ
APPRC''.'ED)4.1:2/1A./ -1, --
Area /n sunnit UJNrr Rep entail'e• •4,t•.nt,..e nt Ift l7 K•tt•••^of L.t h••r Krivt,..,,, lt'u,
• tt ..... KtU _—
,Dotr•
�tr;
a,
Hu:'; 4230:. .4 73% PCE vious ED.rtoy to 0 SOLETE •
ATTACHMENT 2
Federal Labor Standards Provisions "HUD 4010"
U.S. Department of Housing and Urban Development
Applicability
•
The Project or Program to which the construction work covered by this contract pertains is being
assisted by the United States of America and the following Federal Labor Standards Provisions are
included in this Contract pursuant to the provisions applicable to such Federal assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics employed or working upon the site of the
work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often than once
a week, and without subsequent deduction or rebate on any account (except such payroll deductions
as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR
Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual
relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular
contributions made or costs incurred for more than a weekly period (but not less often than quarterly)
under plans, funds, or programs, which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification of work actually performed, without regard to skill, except
as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually
worked therein: Provided, That the employer's payroll records accurately set forth the time spent in
each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis-Bacon poster
(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work
in a prominent and accessible place where it can be easily seen by the workers.
(ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and
which is to be employed under the contract shall be classified in conformance with the wage
determination, HUD shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.
(b) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and HUD or its designee agree on the classification and wage rate
(including the amount designated for fringe benefits where appropriate), a report of the action taken
shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division,
Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or
its designee within the 30-day period that additional time is necessary. (Approved by the Office of
Management and Budget under OMB control number 1215-0140.)
4
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or
their representatives, and HUD or its designee do not agree on the proposed classification and wage
rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee
shall refer the questions, including the views of all interested parties and the recommendation of
HUD or its designee, to the Administrator for determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or its
designee or will notify HUD or its designee within the 30-day period that additional time is necessary.
(Approved by the Office of Management and Budget under OMB Control Number 1215-0140.)
(d) The wage rate (including fringe benefits where appropriate) determined pursuant to
subparagraphs (1)(b) or (c) of this paragraph, shall be paid to all workers performing work in the
classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall
either pay the benefit as stated in the wage determination or shall pay another bona fide fringe
benefit or an hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor
may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably
anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable
standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the
contractor to set aside in a separate account assets for the meeting of obligations under the plan or
program. (Approved by the Office of Management and Budget under OMB Control Number 1215-
0140.)
2. Withholding. HUD or its designee shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any
other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime contractor so much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers,
employed by the contractor or any subcontractor the full amount of wages required by the contract.
In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper,
employed or working on the site of the work (or under the United States Housing Act of 1937 or
under the Housing Act of 1949 in the construction or development of the project), all or part of the
wages required by the contract. HUD or its designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased. HUD or its
designee may, after written notice to the contractor, disburse such amounts withheld for and on
account of the contractor or subcontractor to the respective employees to whom they are due. The
Comptroller General shall make such disbursements in the case of direct Davis-Bacon Act contracts.
3. (i) Payrolls and basic records. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work preserved for a period of three years
thereafter for all laborers and mechanics working at the site of the work (or under the United States
Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the
project). Such records shall contain the name, address, and social security number of each such
worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or
costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in
Section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions
made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5
(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the --
Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide_
2 i•
,f
' 1
such benefits is enforceable, that the plan or program is financially responsible, and that the plan or
program has been communicated in writing to the laborers or mechanics affected, and records which
show the costs anticipated or the actual cost incurred in providing such benefits. Contractors
employing apprentices or trainees under approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of trainee programs, the registration of the
apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(Approved by the Office of Management of Budget under OMB Control Numbers 1215-0140 and
1215-0017.)
(ii) (a) The contractor shall submit weekly for each week in which any contract work is performed
a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency
is not such a party, the contractor will submit the payrolls to the applicant, sponsor, or owner, as the
case may be, for transmission to HUD or its designee. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under 29 CFR Part
5.5(a)(3)(i). This information may be submitted in any form desired. Optional Form WH-347 is
available for this purpose and may be purchased from the Superintendent of Documents (Federal
Stock Number 029-005-00014-1), U.S. Government Printing Office, Washington, D.C. 20402. The
prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.
(Approved by the Office of Management and Budget under OMB Control Number 1215-0149).
(b) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the
contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be maintained
under 29 CFR Part 5.5(a)(3)(i) and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed
on the contract during the payroll period has been paid the full weekly wages earned, without rebate,
either directly or indirectly, and that no deductions have been made either directly or indirectly from
the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in the
applicable wage determination incorporated into the contract.
(c) The weekly submission of a properly executed certification set forth on the reverse side of .
Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph A.3(ii)(b) of this section.
(d) The falsification of any of the above certifications may subject the contractor or subcontractor
to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the
United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph A.3(i) of
this section available for inspection, copying, or transcription by authorized representatives of HUD
or its designee or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, HUD or its designee may, after written notice to the
contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the
suspension of any further payment, advance, or guarantee of funds: Furthermore, failure to submit
the required records upon request or to make such records available may be grounds for debarment
action pursuant to 29 CFR Part 5.12.
3 L ;,
4. (i) Apprentices and Trainees. Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are employed pursuant to and individually
registered in a bona fide apprenticeship program registered with the U.S. Department of Labor,
Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State
Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90
days of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Bureau of Apprenticeship
and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in
any craft classification shall not be greater than the ratio permitted to the contractor as to the entire
work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,
who is not registered or otherwise employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any apprentice performing work on the job site in excess of the ratio permitted under the
registered program shall be paid'not less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates (expressed in
�--� percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of progress, expressed as a percentage
of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be
paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification, fringes shall
be paid in accordance with that determination. In the event the Bureau of Apprenticeship and
Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an
, apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than
the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and
individually registered in a program which has received prior approval; evidenced by formal
certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under the plan approved
by the Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of
the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid
fringe benefits in accordance with the provisions of the trainee program. If the trainee program does
not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the
wage determination unless the Administrator of the Wage and Hour Division determines that there is
an apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed
on the payroll at a trainee rate who is not registered and participating in a training plan approved by
the Employment and Training Administration shall be paid not less than the applicable wage rate on
the wage determination for the work actually performed. In addition, any trainee performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not less than
the applicable wage rate on the wage determination for the work actually performed. In the event
the Employment and Training Administration withdraws approval of a training program, the
contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements of
Executive Order 11246, as amended, and 29 CFR Part 30.
4
5. Compliance with Copeland Act requirements. The contractor shall comply with the
requirements of 29 CFR Part 3 which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses
contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as HUD or its designee may by
• appropriate instructions require, and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance
by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5
7. Contracts termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be
grounds for termination of the contract, and for debarment as a contractor and a subcontractor as
provided in 29 CFR 5.12:
8. Compliance with Davis-Bacon and Related Act Requirements. All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in
29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the
contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or
the employees or their representatives.
10. (i) Certification of Eligibility. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a
person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-
Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs
pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C.
1001. Additionally, U.S. Criminal Code, Section 1010, Title 18, U.S.C. "Federal Housing
Administration transactions", provides in part "Whoever, for the purpose of...influencing in any way
the action of such Administration...makes, utters or publishes any statement knowing the same to be
false...shall be fined not more than $5,000 or imprisoned not more than two years, or both."
11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom
the wage, salary, or other labor standards provisions of this Contract are applicable shall be
discharged or in any other manner discriminated against by the contractor or any subcontractor
because such employee has filed any complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor
standards applicable under this Contract to his employer.
B Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms
"laborers"and"mechanics" include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such work
to work in excess of forty hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
5
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of
the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor and
subcontractor shall be liable to the United States (in the case of work done under contract for the
District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this
paragraph, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the overtime
wages required by the clause set forth in subparagraph (1) of this paragraph.
(3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon
its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld, from any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any other Federal contract with the same
prime contractor or any other Federally-assisted contract subject to the Contract Work Hours and
Safety Standards Act, which is held by the same prime contractor such sums as may be determined
to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses
set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
forth in subparagraphs (1) through (4) of this paragraph.
C. Health and Safety
(1) No laborer or mechanic shall be required to work in surroundings or under working conditions
which are unsanitary, hazardous, or dangerous to his health and safety as determined under
construction safety and health standards promulgated by the Secretary of Labor by regulation.
(2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to
Title 29 Part 1926 (formerly part 1518) and failure to comply may result in imposition of sanctions
pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).
(3) The Contractor shall include the provisions of this Article in every subcontract so that such
provisions will be binding on each subcontractor. The Contractor shall take such action with respect
to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor
shall direct as a means of enforcing such provisions.
1\0
6
HUD 4010 (2-84)
Retvned 9/98
G-�5A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr October 307 2001
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on March 31, 2000, by Resolution No. 1018, the City Council
approved an Agreement between the City of Omaha and Holy Name Housing Corporation, a
Nebraska Non-Profit Corporation (HNHC). The Amendment allocates $450,000.00 in FY 2001
Community Development Block Grant funds for partial financing for new construction of ten
(10) single-family houses and the provision of deferred payment loans to assist qualified
homebuyers in purchasing the houses located in the Fontenelle View Target Area Subdivision
bounded by Fowler Avenue on the North, Ames Avenue on the South, 45th Street on the East,
and 46th Street on the West; and,
WHEREAS, HNHC has requested this Amendment to reflect the expansion of
construction of ten (10) additional single-family houses in the Fontenelle View Target Area
Subdivision; and,
WHEREAS, the City and HNHC agree to amend the existing Agreement in lieu
of adopting a new agreement since the Project encompasses additional construction in the
original 41-unit subdivision in the Fontenelle View Target Area; and,
WHEREAS, this Amendment allows for the additional marketing and selling of
four (4) of the ten (10) properties to qualified homebuyers whose annual incomes are 80% and
below the Median Family Income, and that any qualified homebuyer may purchase the
remaining six (6) properties; and,
WHEREAS,total properties serving low-and moderate-income homebuyers under
this Agreement shall include a minimum of twelve (12) of the properties that will be sold to
qualified low- and moderate-income homebuyers whose annual incomes are 80% and below the
Median Family Income (MFI) and the remaining eight (8) properties may be available for
purchase by households whose annual incomes are over 80% of the MFI.
By
Councilmember
Adopted
City Clerk ,
Approved
Mayor
C- SA i CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
PAGE 2
•
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor, the attached Amendment to the
Agreement approved by the City Council on March 31, 2000, by Resolution No. 1018, between
the City of Omaha and Holy Name Housing Corporation, a Nebraska Non-Profit Corporation
(HNHC), located at 3014 N. 45th Street, Omaha, Nebraska 68104, Sr. Marilyn Ross, Executive
Director, to change the total CDBG award to an amount not to exceed $850,000.00 of which
$400,000.00 shall be payable from FY 2000 and$450,000.00 shall be payable from the FY 2001,
Fontenelle View Development Program, Agency No. 200, Fund No. 193, Organization 8322;
and shall terminate the existing Agreement for the Project approved by City Council on April 24,
2001 by Resolution No. 1084,is hereby approved.
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Approved la.--A21-f Mayor
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