RES 2000-0891 - Agmt for rehabilitation of 4111 Florence Blvd 'OMAHA A� '
F e� Planning Department
► RECEIVED Omaha/Douglas Civic Center
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47.ED FEBR- CITY L E R{K Telefax(402)444-6140
City of Omaha ur MHA, NEBRAOI rch 28, 2000
_ Robert C.Peters
Hal Daub,Mayor Acting Director
Honorable President
and Members of the City Council,
The attached proposed Resolution is for the rehabilitation of the property owned and occupied by
Moses Perry and Emma B. Perry, located at 4111 Florence Boulevard, through the Target Area
Program in the Horace Mann Neighborhood. The contractor is Central Contracting.
Mr. and Mrs. Perry's income is 46% of the median. Their rehabilitation loan which is comprised
of a $20,000.00 Repayable Loan and a $25,000.00 Deferred Payment Loan (DPL), for a total of
$45,000.00 from Community Development Block Grant (CDBG) Funds, meets the City of
Omaha loan underwriting guidelines.
The Planning Department Financing Guidelines for the Target Area Program provides that hard
construction costs do not exceed $30,000.00. This project was competitively bid with the lowest
bid being received at $38,664.00, as amended by Addendum No. 1, from Central Contracting.
Although the construction costs exceed $30,000.00, the Planning Department believes this bid is
reasonable for the renovation of this property based on the cost estimate and the bids received.
The rehabilitation of this single-family home meets the requirements of the Federal CDBG
Program and preserves existing housing stock, while at the same time complements other nearby
home renovations. Upon completion, this house will qualify as meeting the City's approved
Comprehensive Housing Affordability Strategy.
The Contractor 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.
Respectfully submitted, . Referred to City Council for Consideration:
3 - zoo
Robert C. Peters, Acting Director Date Mayor's OfficegrihleS Date
Planning Department -
Appro ed as to Funding: Approved:
C� 3 ie/Q0 3/1000
Stanley P. Ti , Acting Director Date Kellie Paris-Asaka, Director p ate
Finance Dep ment Human Relations Department
P:\PLN3\10184skz.doc "
LOAN AGREEMENT
THIS AGREEMENT by and between the CITY OF OMAHA, a Municipal Corporation of •
the Metropolitan Class of the State of Nebraska(hereinafter referred to as "City"), and
OWNER'S NAME) Moses Perry and Emma B. Perry
(ADDRESS) 4111 Florence Boulevard, Omaha, NE 68110
(hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Owner is the sole owner of certain property located 4111 Florence
Boulevard and legally described as follows, to wit:
The South 40 feet of Lot 11,Block 5, Boulevard Park, an Addition to the City of Omoaha,
Douglas County, Nebraska, as surveyed, platted and recorded (commonly known as 4111
Florence Boulevard)
(hereinafter referred to as the "Property"; and,
WHEREAS, the City receives funds pursuant to an Agreement with the United States
Department of Housing and Urban Development, pursuant to the Housing and Community
Development Act of 1974,Title I; and,
WHEREAS, this property is located in an area that has been designated a redevelopment
area,pursuant to the Community Development Law of Nebraska;and,
WHEREAS, the Owner desires to use a portion of such Title I funds as a Loan for the
purpose of rehabilitating the property; and,
WHEREAS, the parties wish to agree upon the terms and conditions which the Owner
must abide within consideration of receipt of Title I loan funds.
IN CONSIDERATION OF THE MUTUAL AGREEMENTS HEREIN CONTAINED,
THE PARTIES HEREBY AGREE AS FOLLOWS:
Section 1. The following terms shall have the following meanings for all purposes in this
Agreement.
(a) "Rehabilitation Contract" shall mean the contract for specified construction work at
the Premises as follows:
(Contractor) Central Contracting
(Date Contractor Signed the Rehabilitation Contract) December 17, 1999
(HCD File No.) 00-HCD/2430
(b) "Contractor shall mean the contractor party to the Rehabilitation Contract.
(c) "Director" shall mean the Director of the City of Omaha Planning Department
(d) "Dwelling" shall mean the residential structure upon which the rehabilitation work is
being performed.
(e) "Housing Ordinances" shall mean any health, safety or minimum dwelling standard
ordinance applicable to the Premises.
(f) "Premises" shall mean the property, dwelling and structures thereon.
(g) "Rehabilitation Work" shall mean the construction work agreed upon in the
Rehabilitation Contract.
(h) "Deferred Loan" shall mean the loan is payable only upon the leasing or renting, or
sale, grant, mortgage, assignment or other transfer of the property or a portion
thereof by the owner. However, if owner retains title in the property and resides
thereon for a period of ten (10)years, the loan together with the deed of trust securing
said loan shall be released from the property.
(i) "HCD Repayable Loan" shall mean the loan is amortized over a period of time,
normally from ten (10) to twenty (20) years, and monthly payments are required,
including principal, interest and escrow payments which may include taxes and
insurance.
(j) "Progress Payment" shall mean that the total Rehabilitation Contract price shall be
paid in one or more disbursements, based on the value of the work completed at the
time the payment request is made.
(k) "Owner" shall mean the Title Holder of the Premises to be rehabilitated.
(1) "Federal Community Development Block Grant (CDBG)" shall mean the program
conducted under the provisions of the Housing and Community Development Act of
1974, as amended (42 U.S.C. 5301 et. seq.), and the Code of Federal regulations
(24 CFR Part 570).
Section 2. The City agrees to make a Repayable Loan to the Owner for the sum
$20,000.00 pursuant to the City of Omaha loan underwriting guidelines of the current HCD
Program Year and make a Deferred Loan in the amount of $25,000.00. Both are hereinafter
referred to as the "Loan".
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Section 9. This Agreement is not assignable without prior written consent of the City.
Section 10. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any
officer or employee of the City shall have a financial interest, direct or indirect, in any City
contract. Any violation of this section with the knowledge of the person or corporation contracting
with the City shall render the contract voidable by the Mayor or City Council.
S r "f 1 J
IES F AT '/ �� / �, CITY OF O's , a Municipal Corporation
ff
Cit , lencof the City ofQmaha Ma :r of the City of Omaha
Date: • Date: 7® !��
bsePerry Emma B. Perry
Date: ,7- - d 1 Date: , 5 -- 69 o
APPROVED AS TO FO WITNESS:
Assistant City Attorney ,�)
Date: O� ` DU
I
REHABILITATION CONTRACT
Loan Number:
This Contract is between Moses & Emma B. Perry
(Owner's Name)
of 4111 Florence Boulevard , Omaha, Nebraska
(Owner's Address) (City and State)
(referred to herein as the "Owner" and Central Contracting
(Contractor's Name)
of 815 Matthies Drive Papillion, Nebraska
(Owner's Address) (City and State)
a Sole Proprietorship , (referred to herein
(Corporation/Partnership/Sole Proprietorship)
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 4111 Florence Boulevard , Omaha, Nebraska
(Property Address) (City and State)
(herein after referred to as the "Property").
IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS
FOLLOWS:
PART I- SPECIFIC TERMS
1. EFFECTIVE DATE: This document shall have no force or effect unless and until
executed by the Owner and the Contractor, and approved by the City of Omaha, (referred to herein
as the "City"), and unless and until a properly executed and approved copy is delivered to the
Contractor. The date on which the copy is received shall be referred to as the "Effective date." If
a properly execut d and a proved copy of the Contract is not delivered to the Contractor on or
before, — ( / , 20&-52' , (date equal to sixty(60) days from date that the
(Date)
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***Work in the amount of $6 , 550 .00 is being deleted from the Contractor ' s
' original bid of $45, 214 .00 . The new contract amount is $38 , 664 .00 .
Contractor signs this contract), the Contractor may refuse to be bound by the terms of this Contract.
If,however,a properly executed and approved copy of this Contract is delivered after the above date
and the Contractor subsequently performs work or delivers materials to the Property, the Contractor
shall be bound by the contract. For the purposes of this paragraph, a copy of this Contract shall be
deemed to have been delivered to and received by the Contractor upon mailing by the City to the
Contractor's address shown above. The Contractor shall not be compensated under this Contract for
work commenced or materials delivered to the Property before the Effective Date.
2. THE CONTRACT: This Contract consists only of this Part 1 (Specific Terms)and
the following attachments:
A. Schedule of Work(work write-up dated October 22 , 19 99 );
B. Other, (identify) (1) Part II- STANDARD TERMS
(2) Section 3 Clause
(3) City of Omaha Contract Compliance Ordinance
(4) Change Order and/or Addendum (if applicable)
3. TIME FOR COMMENCEMENT AND COMPLETION. The Contractor agrees to
complete, free of liens or rights of liens of contractors, mechanics, suppliers, or laborers, all work
listed in the Schedule of Work by the completion date indicated on the Proceed Order, subject to
extensions approved by the Owner(s) and the City for the period of any excusable delays (including
strikes, acts of God, or any other reasons beyond the control of the Owner(s) or Contractor). The
Contractor agrees that time is of the essence in this Contract.
4. CONTRACT PRICE: The Contractor agrees to accomplish work as described in the
Schedule of Work in accordance with each and every term and condition of this Contract, for a total
contract price of$ 45 , 214 . 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
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general contractor at the time the request for final payment is made. Such progress payments shall
be disbursed at the request of the Owner(s), after inspection and approval of the work by the
Owner(s) and the City. Final payment shall be due upon satisfactory completion and acceptance
of work as being in compliance with this Contract by the Owner and the City, permit sign-off(if
applicable), submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and
the City indemnifying the Owner against any lien, and the submission of all warranties and
guarantees to the Owner through the City. The Owner shall not withhold payment to the Contractor
except for non-compliance with the terms of this Contract, and SHALL NOT REQUEST THE
CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A
CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with
the items set out in the Schedule of Work will not be paid for out of the rehabilitation funds unless
said additions/deletions/changes have been authorized by a written and approved change order
executed by all parties PRIOR TO the commencement of such work. Payment for any work
completed without a written and approved change order is the sole responsibility of the Owner
and/or the Contractor. The Contractor shall not refuse to complete the work set forth in the Schedule
of Work because of any dispute between himself/herself and the Owner relative to work contracted
"on the outside" or outside the scope of work as set forth above.
The Contractor acknowledges that it is a material breach of this Contract to request or accept a
progress or final payment which is in excess of the price of the work completed at the time such
payment is requested.
6. WARRANT: The Contractor warrants that all improvements, hardware, and fixtures
of whatever kind of nature to be installed or constructed on the Property by the Contractor or the
Contractor's sub-contractors will be of good quality, suitable for their purpose, and free from defects
in workmanship or materials or other deficiencies. This is a full warranty extending to the Owner
and subsequent Owners of the Property;provided, however,that warranty set forth in this paragraph
shall apply only to the deficiencies and defects about which the Owner or subsequent Owner(s) shall
have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer
warranty periods specified in the warranty. (Note: Contractor to supply extended warranty
documents to homeowner(s) at the time of final inspection)
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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 (IUD)
assumes any liability or responsibility whatsoever for the performance of any terms of this Contract.
c-vm.,,0 6. ei„ch,
Owner) Moses Perry (Date) (Owner) Emma B. PerryV (Date)
( 1 ) of ( 2 ) Co-owners ( 2 ) of ( 2 ) Co-owners
16-2-x4-714./ iatiz T 6- ry aeto d
(Owner) (Date) (Owner) ( (Date)
(Owner) (Date) (Owner) (Date)
(Wit ss) (Date)
Central Contractin.; /2-1 7- / 9
c. (Contractor) (Date)
TITLE: -e tl
� 1
ss (D te)
Approved by the City on Z
BY: - ?//7,4 /4„
Robert Peters , Acting
TITLE: Planning Director
Mailed to CONTRACTOR, and Effective on L /4(
Revised 12/99 - 4 -
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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) Performance, Labor and/or Materials Bond in the amount of the Contract
price, naming the Owner and the City of Omaha as the insureds.
(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. ASSIGNMENT: The Contractor agrees not to assign this Contract without written
consent of the Owner and written concurrence by the City.
3. 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.
4. 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
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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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 froth
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.
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10. 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.
11. INTEREST OF FEDERAL AND CITY OF OMAHA PERSONNEL: The Contractor
agrees that none of the following shall have any interest or benefit, direct or indirect,in this Contract
for any work, supplies, or services, financed in whole or in part under this Contract:
A. Any member of the governing body of the Locality;
B. Any member of the governing body of the City of Omaha;
C. Any officer or employee of the Locality or the City of Omaha who exercises any
functions or responsibilities in connection with the administration of the Community Development
Block Grant(CDBG) Program;
D. Any member of or delegate to the Congress of the United States;
E. Any Resident commissioner; or,
F. Any employee of HUD above a GS-9 level.
12. 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
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following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the locality setting forth the provisions of
this nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to their race, color, religion, sex or
national origin.
C. The Contractor will send to each labor union or representative of workers with
which he/she has a collective bargaining agreement or other contract or
understanding, a notice, to be provided, advising the said labor union or worker's
representative of the Contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
D. The contractor will comply with all provisions of Executive Order 11246 of
September 24,1965, (or as may be amended) and of the rules, regulations, and
relevant orders of the U. S. Secretary of Labor.
E. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, (or as may be amended)and by the rules,regulations
and orders of the Secretary of Labor and/or the U.S. Secretary of Housing and
Urban Development and will permit access to his/her books,records, and accounts
by the Secretary of Housing and Urban Development, or his/her designees, and the
Secretary of Labor, or his/her designees, for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
F. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract, or with any of the said rules,regulations, or orders, this Contract
may be cancelled, terminated, or suspended in whole or in part, and the Contractor
may be declared ineligible for further Government contracts or Federally-assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965; and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246, or by rules,regulations
or orders of the Secretary of Labor, or as otherwise provided by law.
G. The Contractor will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246,
so that such provisions will be binding upon each subcontractor or vendor. The
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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 iii 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.
13. TRAINING, EMPLOYMENT,AND BUSINESS OPPORTUNITIES: The Contractor
agrees to abide by the following provisions and to include them in any subcontract into which the
Contractor enters in performance of the Contract.
A. The work to be performed under this Contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
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
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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.
14. 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.
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E. As governmental funds are being used,the Contractor agrees that he/she and his/her
subcontractors will obey all civil rights and equal employment opportunity
provisions of local, state, or federal law and abide by the provisions of the attached
Section 3 clause. The Contractor further agrees to comply with all requests by the
governmental agency for employment records to enforce this position.
F. The Contractor agrees to comply with affirmative action requirements mandated
by Executive Order 11246 and the regulations promulgated thereunder; and the
civil rights compliance ordinance of the Omaha Municipal Code.
SCHEDULE OF WORK CHECKLIST
1. WORK DESCRIPTION: Each item of work and material must be described in sufficient
detail to provide a standard against which the completed work may be judged.
2. PRICE: This shall reflect the actual price, including profit and overhead. In no case shall
reimbursement to the Contractor exceed the actual amount of the funds available under the loan.
3. Schedule for completing work in accordance with payment schedule which will allow
the City and the borrower to monitor actual performance against estimates of what will be necessary
to complete the project on time must be provided.
P:\PLN3\8173.skz
Revised 12/99 - 11 -
•
ADDENDUM #1
NAME: Moses & Emma B. Perry
ADDRESS: 4111 Florence Boulevard
AREA: Horace Mann Target Area Project
CONTRACTOR: Central Contracting
The Rehabilitation Contract as originally issued, signed by the Contractor
on , is hereby amended. The following work in the amount of
$6,550.00 is being deleted from the Contractor's original bid of $42,214.00. The new
contract amount is $38,664.00.
1. Reduce the allowance for carpet and sheet vinyl from $12 to $11 Credit$160.00
per yard.
2. Delete installation of three prime door units and one combination Credit$2090.00
Storm door.
Note: The combination storm door at north elevation is not being
deleted.
3. Install two courses of ceramic tile around tub instead of four. Credit$80.00
4. Delete central air as called for. Credit$2200.00
5. Install eight new combination storm windows instead of fifteen. Credit$420.00
6. Delete the wrought iron railing called for at rear porch stoop Credit$300.00
assembly.
7. Delete installation of new concrete steps at rear porch stoop Credit$300.00
assembly.
The foregoing changes to the above mentioned Contract shall have the same force and
effect as if such change or changes had been incorporated in the original Contract and
this Addendum No. 1 to the Contract will be incorporated in and become a part of the
contract documents of the work.
The Addendum No. 1 shall in no way be construed as altering the aforementioned
Contract; meaning and intent, except as expressly set forth in the above-mentioned
items, and all other provisions of the Contract shall remain unchanged and in full force
and effect.
Addendum #1
4111 Florence Boulevard
Page 2
The undersigned hereby acknowledge and consent to the above changes to the original
Rehabilitation Contract.
/ /799
Contractor: Central Contracting Date
Owner: Moses Perry Date
k-,tx, A- po
11);Ar
Owner: Emma B. Per Date
Rehabilitation Specialist: d St. Cyr Date
•
•
•
o1^"xI Ap Planning Department
• ,�• Inspector: Ted St.Cyr 444-5083 Omaha/Douglas Civic Center
r•, ��• 1819 Farnam Street,Suite 1'100
! , &z41r
�%►E1C7�'`a'""" October 22, 1999 Omaha,Nebraska 68183-0110
o � (402)444-5200
°4• E �" Horace Mann Target Area Project (402)444-5150
FD FE9w Telefax(402)444-6140
City of Omaha Moses & Emma Perry Robert C.Peters
Hal Daub,Mayor Acting Director
4111 Florence Boulevard
Typical •
1. Contractor Shall:
a). Add sales taxes and delivery to all allowances and bond cost to final bid figure.
b). Attain material and workmanship standards called for.in the general specifications.
c). Move furniture, appliances and window coverings.,
d). Replace all broken sash ropes and broken glass.
e). Repair doors for proper operation and closure and cut off doors to clear carpet.
2. Electrical: Install 3 hard wire smoke detectors, one at each level.
Living Room Approx. 22' x 12'
1. Remove and install new metal insulated door unit with new jamb, sill, lock set, dead bolt,
wide angle peep hole, weather strip and threshold, 3'-0"x6'-8". Reinstall casing.
a). Prepare and paint prime door unit minimum 2 coats approved semi-gloss paint.
2. Prepare, repair as necessary and paint ceilings and walls minimum 2 coats approved paint.
a). Leave wall paper at north wall intact.
3. Remove and install $12 per square yard allowance carpet plus prime pad.
Dining Room, Approx. 17' x 13'
1. Install new GB on walls and ceilings and finish and paint minimum 2 coats approved paint.
a). Texture ceiling lightly then prime and paint 2 coats.. -
2. Remove and install $12 per square yard allowance carpet plus prime pad.
Stairway & Hallway at 2nd Floor
1. Install new GB on the walls and finish and paint minimum 2 coats approved paint.
a). Install and paint new ceiling molding. ,
2. Prepare and paint all previously painted door units and trim minimum 2 coats semi-gloss.
3. Remove and install $12 per square yard allowance carpet plus prime pad.
4. Install new handrail with metal brackets, prime and apply 2 coats semi-gloss paint.
West Bedroom, Approx. 11 .5' x 15.5'
1. Install new 1" GB on the ceiling, finish, texture lightly and paint minimum 2 coats approved paint.
a). Remove acoustical tile and furring strips.
2. Prepare and paint previously painted door and window units and trim minimum 2 coats semi-gloss.
3. Prepare and repair the walls and paint minimum 2 coats approved paint.
4. Electrical: Install new$40 allowance ceiling light fixture.
5. Remove and install $12 per square yard allowance carpet plus prime pad.
1 of
... -.. .: ,. .: .. ....DATE(MM/DONY)
CSR CP
ACORD CERTIFICATE OF LIABILITY INSURANC .E CENTR-1 01/28/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
N.P. Dodge Insurance Agency HOLDER.THIS CERTIFICATE ROES NOT AMEND, EXTEND OR
8701 West Dodge Rd. , Suite 105 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Omaha NE 68114 COMPANIES AFFORDING COVERAGE
John E. Bush COMPANY
Phone No. 402-397-4900 FSxNo. 402-398-5204 A Columbia National Ins. Co.
INSURED
COMPANY
Central Contracting COMPANY
Melvin D. Olson DBA C
815 Matthies Drive COMPANY
Papillion NE 68046 • D
COVERAGES. ': :-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE POLICY EXPIRATION UMITS
LTR DATE(MM/OD/YYI DATE(MM/00NY)
GENERAL UABIUTY GENERAL AGGREGATE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY N101335503 01/29/99 01/29/00 PRODUCTS-COMP/OPAGG $ 500,000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 500,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 500,000
FIRE DAMAGE(Any one tire) $ 50,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE UABIUTY
COMBINED SINGLE LIMIT $
ANY AUTO •
ALL OWNED AUTOS
BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS
BODILY INJURY
NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE S
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: .. _ ,,...
EACH ACCIDENT $
AGGREGATE S
EXCESS UABIUTY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM S
WU- OTH•;.
WORKERS COMPENSATION AND TORCY STAT LIMIT$
EMPLOYERS'UABIUTY
EL EACH ACCIDENT $ 100,000
A THE PROPRIETOR/ INCL N111335503 01/29/99 01/29/00 EL DISEASE-POLICY LIMIT $500,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 100,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEI•NCLES/SPECIAL ITEMS
CERTIFICATE HOLDER. CANCELLATION '':;
CITY007 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
City O f Omaha EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Planning Department 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Sheryl Williams BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR UABIUTY
1819 Farnam St. , Room 1100
Omaha NE 68 102 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
John E. Bush
ACORD:25=S {TI951 ®ACORD CORPO- 'TIIN •88
e
lipNEBRASKA STATE HISTORICAL SOCIETY
1500 R STREET,P.O.BOX 82554,LINCOLN,NE 68501-2554
(402)4713270 Fax:(402)471-3100 1-800-833-6747 www.nebraskahistory.org
November 3, 1999
Edward Dantzler
Rehabilitation Division
Planning Department
1819 Farnam Street
Omaha, NE 68183
RE: 4111. Florence Blvd (9911-002-01 ) 2017 Ames Ave (9911-003-01 )
3024 T (9911-004-01 ) 3712 V (9911-005-01)
1012 N 47th Ave (9911-006-01 ) 1529 Grant (9911-007-01 )
2877 Titus Ave (9911-008-01 ) 231-9 Ogdeir(9911-009-01 )
''3 5 N. 3 C04174ve
Dear Mr. Dantzler:
We have reviewed the referenced properties for potential eligibility of listing on
the National Register of Historic Places, according to 36 CFR 800. This review
was conducted using National Register Criterion C.
The properties do not meet the minimum standards of historic integrity and
have not been evaluated under any historic contexts. We have determined that
the properties are not eligible for, nor included on the National Register of
Historic Places. Your undertaking will have no effect on an historic property.
If you have any questions concerning this review, please contact Greg Miller at
(402) 471-4775.
Sincerely,
L. Robert Puschendorf
Deputy State Historic P servation Officer
NEC
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
•
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ENVIRONMEN-. L/ HISTORIC COMPLIAN I CHECKLIST
PURPOSE: To be used for analysis and documentation of projects and activities
either partially or wholly funded with Federal financial assistance and placed in
the project file.
PROJECT NAME (if applicable): �p
APPLICANT: in rr' 1
PROJECT! ACTIVITY(if applicable): + �j
REHAB PROPERTY ADDRESS: 4- lit
COMPLIANCE FINDINGS
Action taken to
Achieve Compliance
0 on n �Y i
ale
I Vat a' at io St cald
Compliance 691P ult i�f i c ial in Reason for Non-Compliance
Factors Sin ns t igaodi c r (note conditions and/or source
co of m sir i s documentation for findings)
NOISE
(24 CFR PART 513)
HISTORIC
PRESERVATION •
(36 CFR PART 800)
FLOODPLAIN
MANAGEMENT
CEO. 11988)
ENERGY
CONSERVATION
(24 CF--R PART 39)
HAZARDS
(24 CFR PART 51 (/�
AND HUD NOTICE
79-33)
OTHER
(Form must be signed and dated by Preparer and Supervisor)
PREPARER DATE SUPERVISO DATE
S `--- i0
-27-91 Ca Ivan
a/95davetforms.enwhistcomptyddtl (24 CFA PA 50)
CC: Dave Fanslau
•
°ZAAHA,^
k'BR Planning Department
October 28, 1999
e � � Omaha/Douglas Civic Center
1819 Farnam Street,Suite 1100
II,fJh
SoTI ['"Or Omaha,Nebraska 68183-0110
pA ry (402)444-52001
� 50
4r.D FEB03 Telefax(402)444-6140
City of Omaha Robert C.Peters
Hal Daub,Mayor Acting Director
Dear Mr. &Mrs. Perry:
Pursuant to your request for an inspection, Ted St.Cyr, performed an inspection October 19, 1999.
The following violations of the City of Omaha Minimum Dwelling Standards Ordinance, Chapter 48,
were noted and are hereby brought to your attention:
INTERIOR
48-131-132 Install new carpet. Install new sheet vinyl and underlayment in kitchen.
48-131-132 Repair and paint walls, ceilings and trim.
48-131-133 Repair windows for proper operation. Paint and re-finish windows units.
48-131-133 Repair doors for proper operation. Paint and re-finish door units.
48-131-134 Repair basement steps and install handrails.
48-131-136 Install new sheet vinyl and underlayment in bathroom.
48-111-115 Wire GFI's at kitchen and bath and repair non-code wiring in basement.
48-111-115 Install new lighting fixtures.
48-91-98 Install new water heater.
48-131-135 Replace all galvanized water supply piping with new copper.
48-131-137 Install code waste and vent piping and connections, laundry stack and floor drain.
48-91-92 Install new kitchen sink and faucet.
48-91-93 Install new water closet. Install new bathroom sink and faucet.
48-91-94 Install new tub and faucet. Replace tub walls.
Cabinets Repair or replace cabinets and counter tops.
EXTERIOR
48-91-99 Replace broken sidewalks.
48-131-134 Install handrails at porch steps.
48-131-134 Repair rear porch stoop assembly.
48-131-132 Scrape and paint siding, stucco and trim.
48-131-133 Scrape and paint window units. Replace window putty and broken glass.
48-131-133 Install new primary entry doors.
48-111-120 Repair or replace combination storm windows and combination storm doors.
48-131-132 Repair and paint eaves, over hang and fascia.
48-131-132 Install new roofing and metal flashing to replace deteriorated roofing.
Should you desire a reinspection of the above property, please notify us when the corrections
have been completed.
Sincerely,
14 r
�
Ted St.Cyr
Rehabilitation Inspector
•
.
City of Omaha, Housing and Community Development Division
BID SELECTION FORM:
This is to certify that I have received a copy of the WOfk Write=Up detailing the work which shall be performed on
the property at /./l7(
The Rehabilitation Inspector and I have reviewed the document thoroughly and I understand its contents. I understand
that only the work delineated in the Work Write-Up will be bid on and completed by.the Contractor. If other work is
deemed necessary at a later date it must be first approved by the City of Omaha,Housing and Community
Development Division,Rehabilitation Section.
I request the project be bid in the following method:
l�Competitive Bid
Closed Bid with the following Contractors:
1. Name Phone
Address
2. Name Phone
Address
3. Name Phone
Address
4. Name Phone
Address
5. Name Phone
Address
6. Name Phone
Address
OK,ner (-ill ( -A Via- Qt/ Date /
ov„ner `vI' --Lex_ Date / 6 — r
Witness l Date / 9 C7
9/18/90
•
•
t
•
•
I have reviewed all of the bids submitted for the
rehabilitation of my property located at:
J i Fiore-vic. v�
My contractor of choice is:
r
/i704/1/rq--4--
Owner \
•
Date
Housing and Community Development Division
City of Omaha Planning Department
Cost Certification Form
Project Name:
Project Owner: 1�10�e P-r
Project Address: 4 + F \ ‘4)r-
Project Cost Estimate: 4 U 1 a
The Rehabilitation Division has reviewed the project cost estimate, work write-up or
plans, specifications, & proposal. In our opinion the project cost estimate is accurate.
(See attached)
Rehabilitation Inspector:
Rehabilitation Manager:
PROJECT: Horace Mann Target Area Project
ADDRESS: 4111 Florence Boulevard
VIEW: Interior
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VIEW: Interior
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Sheet 1 of 2
PROJECT: Horace Mann Target Area Project
ADDRESS: 4111 Florence Boulevard
VIEW: Exterior
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c-2$A CITY OF OMAHA-
LEGISLATIVE CHAMBER
Omaha,Nebr
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 slums and blight; and
for other urgent community development needs; and,
WHEREAS, the Mayor recommended various projects in the 1999 Consolidated
Submission for Community Planning and Development Programs (Consolidated Plan) including
the Target Area Rehabilitation Program; and,
WHEREAS, the City Council approved the 1999 Consolidated Plan on December
1, 1998 by Resolution No. 3267; and,
WHEREAS, this property is eligible for funding under the Target Area
Rehabilitation Program; and,
WHEREAS, the Planning Department Financing Guidelines for the Target Area
Program provide that hard construction costs do not exceed $30,000.00. This project was
competitively bid with the lowest bid being received at $38,664.00, as amended by Addendum
No. 1, from Central Contracting to rehabilitate the property owned and occupied by Moses and
Emma B. Perry, located at 4111 Florence Boulevard. Although the hard construction costs
exceed $30,000.00, the Planning Department believes this bid is reasonable for the renovation of
this property based on the cost estimate and the bids received; and,
WHEREAS, this rehabilitation is in the best interest of the residents of the City of
Omaha and those residing therein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the attached Agreement, as recommended by the Mayor, to provide a
Repayable Loan in the amount of $20,000.00 and a Deferred Payment Loan in the amount of
$25,000.00 for a total of$45,000.00 for the rehabilitation of the property owned and occupied by
Moses and Emma B. Perry, through the Target Area Program in the Horace Mann
Neighborhood, is hereby approved. The contract is to be awarded to Central Contracting. Funds
shall be paid from the Target Area Rehab Program Fund No. 193, Organization No. 8306.
P:\PLN3\10185skz.doc APPROVED AS TO FORM:
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