RES 1999-1471 - Agmt for rehabilitation of 3219 N 40th St • /2e /y7/
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(402)444-5200
Ao �ry C i 1 �y C (402)444-5150
4TFn FE9R�rt` June 8 °NA NA L ~R f Telefax(402)444-6140
City of Omaha t 4 v 1C+4 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
Edith B. Fletcher located at 3219 North 40th Street in the Fairfax Neighborhood. The contractor is
Four Seasons Construction Company.
Ms. Fletcher's income is 18% of the median. Her rehabilitation loan which is comprised of a
$7,675.00 Repayable Loan and a $25,000.00 Deferred Payment Loan (DPL), for a total of
$32,675.00 from HOME Program funds, meets the City of Omaha loan underwriting guidelines.
This project was competitively bid with the best bid being received in an amount of$29,705.00 from
Four Seasons Construction Company.
The rehabilitation of this single-family home meets the requirements of the Federal HOME
Investment Partnerships 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.
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Your favorable consideration of this Resolution will be appreciated. -
Respectfully submitted, Referred t the City ouncil for Consideration:
(1/•. _ 5• I2.59 S Zv 2
Robert C. Peters, Acti Director Date Mayor's Office/Title
Planning Department CU°
pprove. as to Funding: Appro ed:
- Adecria-e,,Ae:r1); . c5/24/9
Louis A. D'cDiiectorDtee, George L. Davis, Director Date
Finance Department Human Relations Department
P:\PLN3\71.70.MAF e
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LOAN AGREEMENT - HOME PROGRAM
THIS AGREEMENT by and between the CITY OF OMAHA, a Municipal Corporation of
the Metropolitan Class of the State of Nebraska(hereinafter referred to as "City"), and
(OWNER'S NAME) Edith B. Fletcher
(ADDRESS) 3219 North 40th Street, Omaha, NE 68111
(hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS,the Owner is the sole owner of a certain property located at
(Address) 3219 North 40th Street
and legally described as follows, to wit:
Lot 207, in Westmoreland, an Addition to the City of Omaha,together
with the West 1/2 of vacated alley adjoining said premises on the East,
as surveyed,platted and recorded in Douglas County,Nebraska
(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 National Affordable Housing Act
of 1990, Title II; and,
WHEREAS, this Property qualifies as non-luxury housing, pursuant to Section'92.205 of
the HOME Investment Partnership Program, regulation 24CFR Part 92; and,
WHEREAS, the Owner desires to use a portion of such Title II funds as a Loan for the
purpose of rehabilitating the Property; and,
WHEREAS, the parties wish to agree upon the terms and conditions which the Owner
must abide within consideration of receipt of Title H 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) Four Seasons Construction Company
(Date Contractor Signed Rehabilitation Contract) March 17, 1999
(Loan No.) 99-HOME/0110
(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) "HOME 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) "HOME" shall mean the program conducted under the provisions of the National
Affordable Housing Act of 1990, as amended, (42 U.S.C. 12701 et. seq.), and the
Code of Federal Regulations (24 CFR Part 92).
Section 2 . The City agrees to make a Repayable Loan to the Owner for the sum of
$7,675.00 pursuant to the City of Omaha loan underwriting guidelines of the current HOME
Program Year and make a deferred loan in the amount of $25,000.00. Both are hereinafter
referred to as the"Loan".
(a) The final Progress Payment from the loan shall be paid-in-full when the Director
approves a certificate of completion pursuant to the Rehabilitation Contract.
(b) Progress Payments from the loan may be paid from time to time, pursuant to the
Rehabilitation Contract, subject to prior approval of the Director.
(c) The Rehabilitation Contract and any change thereto shall be first approved by the
Director in writing.
(d) The loan and the terms of this Agreement shall be secured by a deed of trust against
the subject property.
(e) The funding of the loan is contingent upon the availability of sufficient HOME
funds in the current program year. No order to proceed using these loan funds
shall be approved until the availability of such HOME Funds is certified by the City
Finance Director. The Planning Director shall notify the Contractor of the above
contingency in writing prior to the time of closing.
Section 3. The Owner authorizes the City to make loan payments directly to the
Contractor.
Section 4. The Owners shall:
(a) abide by the terms and conditions of this Agreement, the Promissory Note
evidencing the loan, and the deed of trust securing both of the above; and,
(b) maintain the Premises in a safe and sanitary condition, conform to City housing and
zoning ordinances and not commit waste; and,
(c) own the Premises and principally reside at the Dwelling for the entire term of the
Repayable Loan if the Owners have received a Repayable Loan. If the Owners
have received a Deferred Payment Loan, the Owner shall own the Premises and
principally reside at the dwelling for ten (10) years after the issuance of the
certificate of completion pursuant to the Rehabilitation Contract.
Section 5. The Owner agrees, and the City states,that the City:
(a) is not acting as the Owner's architect or engineer; and,
(b) makes no warranties, express or implied, as to the Rehabilitation Work; and,
417444-a
(c) owes no duty to the Owner or any other person that shall arise because of any
inspection of the Premises by the City's agents or employees; and,
(d) may inspect the Premises at reasonable times; and,
(e) is held harmless for all injury and damages arising by virtue of this Agreement.
Section 6. Either party may pursue any remedy to enforce this Agreement at law or
equity; except in the event of the breach of Section 4(c) herein, the City shall be limited to having
no further obligation to disburse remaining loan sums and shall be reimbursed by the Owner in
accordance with the following formula:
A Deferred Payment Loan is depreciated over the life of the single family rehabilitation loan
as follows:
(1) If the Owner sells, conveys, rents or otherwise vacates the Premises in the first five
years after completion of the Rehabilitation Work, the Deferred Payment Loan is
payable in full;
(2) If the Owner sells,conveys, rents or otherwise vacates the Premises after five years
after completion of the Rehabilitation Work, the Deferred Payment Loan is
depreciated by one/one hundred twentieth (1/120th) of the original loan balance for
each month the owner occupies the Premises.
Section 7. This Agreement shall be binding upon the parties hereto and shall run with
the Property.
Section 8. The Owner certifies,to the best of his/her/their knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned,to any person for influencing or attempting to influence an officer
or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan,the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any Federal
contract, grant,loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL'Disclosure Form to Report Lobbying", in accordance with its
instructions.
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(3) The language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
Section 9. This Agreement is not assignable without prior written consent of the City.
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.
ATTEST CITY OF 0 ,A Municipal Corporation
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•City C o the City of gym. a Mayor ►:`theF Y +f :c` ': '-"
DATE: (714a-- id)-6ciao g eux4
671/2 9/9,
HOMEOWNER DATE WITNESS DATE
Edith B. Fletcher
APPROVED AS TO FORM:
CITY ATTORNEY
REHABILITATION CONTRACT
r:Loan Numbe lq10 o/!
This Contract is between Edith B. Fletcher
(Owner's Name)
of 32L9 North 4nth Street , Omaha, Nebraska
(Owner's Address) (City and State)
(referred to herein as the "Owner" and Four Seasons Construction
(Contractor's Name)
of 5115 Izard StrPPt Omaha . Nebraska
(Owner's Address) (City and State)
a Sale Propri Ptnrch t , (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 5115 Izard Street Omaha, Nebraska
(Property Address) (City and State)
(herein after referred to as the "Property").
IN CONSIDERATION OF THEIR MUTUAL PROMISES, THE PARTIES AGREE AS
FOLLOWS:
PART I - SPECIFIC TERMS
1. EFFECTIVE DATE: This document shall have no force or effect unless and until
executed by the Owner and the Contractor,and approved by the City of Omaha, (referred to herein
as the "City"), and unless and until a properly executed and approved copy is delivered to the
Contractor. The date on which the copy is received shall be referred to as the "Effective date." If
a properly executed and approved copy of the Contract is not delivered to the Contractor on or
before, —r) , I , (date equal to sixty (60) days from date that the
(Date)
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 arid received by the Contractor upon mailing by the City to the
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Work in the amount of' $2 ,435.00 is being added to the Contractor ' s
original bid of $27, 270.00 : , The new contract amount is cal 3' 0K1t.0 0 0
Contractor's address shown above. The Contractor shall not be compensated under this Contract for
work commenced or materials delivered to the Property before the Effective Date.
2. THE CONTRACT: This Contract consists only of this Part 1 (Specific Terms)and
the following attachments:
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A. Schedule of Work(work write-up dated January 6 , 19 9 9 );
B. Other, (identify) (1) Part II - STANDARD TERMS
(2) Section 3 Clause
(3) City of Omaha Contract Compliance Ordinance
(4) Change Order Band/or Addendum(if applicable)
3. TIME FOR COMMENCEMENT AND COMPLETION. The Contractor agrees to
complete, free of liens or rights of liens of contractors, mechanics, suppliers, or laborers, all work
listed in the Schedule of Work by the completion date indicated on the Proceed Order, subject to
extensions approved by the Owner(s)and the City for the period of any excusable delays (including
strikes, acts of God, or any other reasons beyond the control of the Owners) or Contractor). The
Contractor agrees that time is of the essence in this Contract.
4. CONTRACT PRICK: The Contractor agrees to accomplish work as described in the
Schedule of Work in accordance with each and every term and condition of this Contract, for a total
contract price of$ **2 7, 2 7 0.0 0 . The price of specific items of work is stated in
the Schedule of Work.
5. PROGRESS PAYMENTS: The Contractor agrees that the total contract price shall
be paid in one or more progress payments, based on the value of the work completed at the time the
progress payment request is made. Should any work for which payment is requested, not be
completed, be completed incorrectly, or not be done in a high quality workmanlike manner, the
amount of such work shall be deducted from the payment request. Payment for any work so
deducted may be requested on future requests for payment; provided, said work has been
satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien
waivers from general contractor shall be provided with each progress payment requested. Progress
payments will be made up to and including 90%of the value of the work completed. Any further
payment would be made when project is 100% complete. In the case of inclement weather or any
other factor that the City determines that will prevent project completion,the Contractor will be paid
based on the actual amount of work completed. Final lien waivers shall be presented from the
general contractor at the time the request for final payment is made. Such progress payments shall
be disbursed at the request of the Owner(s), after inspection and approval of the work by the
Owner(s) and the City. Final payment shall be due upon satisfactory completion and acceptance
of work as being in compliance with this Contract by the Owner and the City, permit sign-off(if
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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.
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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 (HUD)
assumes any liability or responsibility whatsoever for the performance of any terms of this Contract.
I
(O er Edith B. Fletcher(Date) (Owner) (Date)
(Owner) (Date) (Owner) (Date)
(Owner) (Date) (Owner) (Date)
1 -i-r�
(Witn s) (Date)
Four Seasons Construction
(Contractor) (Date)
BY: ,1&--,t , 1
TITLE: cc_c '
(Witness) J (Date)
Approved by the City on V/0 , 19 g !
BY:
Robert P ters, Acting, ,
TITLE: Planning Director 1
Mailed to CONTRACTOR, and Effective on 1 t^ , 19
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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- if applicable, as required by State Law.
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
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compliance with applicable requirements, including local building and housing codes where
applicable, whether or not covered by the specifications and drawings for the work, and further
agrees to perform all work in conformance with the highest standard of all applicable codes and local
property rehabilitation standards.
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 from
the original Contractor may be used only to correct/complete items set forth in the Schedule of Work
and may not be used to complete other or extra work desired by the Owner.
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connection with this Contract. Such action shall include but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training,including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for
employment,notices to be provided by the locality setting forth the provisions of
this nondiscrimination clause.
B. The Contractor will,in all solicitations or advertisements for employees placed by
or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to their race, color, religion, sex or
national origin.
C. The Contractor will send to each labor union or representative of workers with
which he/she has a collective bargaining agreement or other contract or
understanding, a notice, to be provided, advising the said labor union or worker's •
representative of the Contractor's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
D. The contractor will comply with all provisions of Executive Order 11246 of
September 24,1965, (or as may be amended) and of the rules, regulations, and
relevant orders of the U. S. Secretary of Labor.
E. The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, (or as may be amended) and by the rules,
regulations and orders of the Secretary of Labor and/or the U.S. Secretary of
Housing and Urban Development and will permit access to his/her books, records,
and accounts by the Secretary of Housing and Urban Development, or his/her
designees, and the Secretary of Labor, or his/her designees, for purposes of
investigation to ascertain compliance with such rules, regulations, and orders.
F. In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Contract, or with any of the said rules, regulations, or orders, this Contract
may be cancelled,terminated,or suspended in whole or in part,and the Contractor
may be declared ineligible for further Government contracts or Federally-assisted
construction contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965; and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246, or by rules, regulations
or orders of the Secretary of Labor, or as otherwise provided by law.
G. The Contractor will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of
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the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246,
so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order
which the property owner or the Secretary of Housing and Urban Development
may direct as a means of enforcing such provisions, including sanctions for
noncompliance: Provided, however, that in the event the Contractor becomes
involved in,or is threatened with, litigation by a subcontractor or vendor as a result
of such direction by the property owner or the Secretary of Housing and Urban
Development, the Contractor may request the United States to enter into such
litigation to protect the interest of the Secretary of Housing and Urban
Development of the United States.
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
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subcontract upon a finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, 24 CFR Part 135.
The Contractor will not subcontract with any subcontractor where he/she has notice
or knowledge that the latter has been found in violations of regulations under 24
CFR Part 135, and will not let any subcontract unless the subcontractor has first
provided him/her with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of the Department issued thereunder
prior to the execution of the Contract,shall be a condition of the Federal financial
assistance provided to the project,binding upon the applicant or recipient for such
assistance, its successors, and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, his/her contractors and subcontractors, all
successors, and assigns to those sanctions specified by the grant and/or loan
agreement or contract through with Federal assistance is provided, and to such
sanctions as are specified by 24 CFR Part 135.
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.
Revised 9/98 - 10 -
If a finding of a formal dispute resolution finds that the Contractor must be
paid,and if the Owner refuses to give his or her approval,the City must authorize
the disbursement and process for payment without the Owner's signature, noting
the reasons for doing so on the pay request and in the rehabilitation file.
E. As governmental funds are being used, the Contractor agrees that he/she and
his/her subcontractors will obey all civil rights and equal employment opportunity
provisions of local, state,or federal law and abide by the provisions of the attached
Section 3 clause. The Contractor further agrees to comply with all requests by the
governmental agency for employment records to enforce this position.
F. The Contractor agrees to comply with affirmative action requirements mandated
by Executive Order 11246 and the regulations promulgated thereunder; and the
civil rights compliance ordinance of the Omaha Municipal Code.
SCHEDULE OF WORK CHECKLIST
1. WORK DESCRIPTION: Each item of work and material must be described in sufficient
detail to provide a standard against which the completed work may be judged.
2. PRICE: This shall reflect the actual price,including profit and overhead. In no case shall
reimbursement to the Contractor exceed the actual amount of the funds available under the loan.
3. Schedule for completing work in accordance with payment schedule which will allow
the City and the borrower to monitor actual performance against estimates of what will be necessary
to complete the project on time must be provided.
P:\PLN3\8173.SKZ
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Revised 9/98 - 11 -
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ADDENDUM #1
NAME: Edith B. Fletcher
ADDRESS: 3219 North 40th Street
AREA: Fairfax Target Area Project
CONTRACTOR: Four Seasons Construction
The Zabilitatio Contract as originally issued, signed by the Contractor
on_ � _ �_ is hereby amended. The following work in the
amount of $2,435.00 is being added to the Contractor's original bid of $27,270.00. The
new contract amount if $29,705.00.
1. Install new central air unit and trim large tree in rear yard. Cost $2,435.00
The foregoing changes to the above mentioned Contract shall have the same force
and effect as if such change or changes had been incorporated in the original
Contract and this Addendum No. 1 to the Contract will be incorporated in and
become a part of the contract documents of the work.
The Addendum No. 1 shall in no way be construed as altering the aforementioned
Contract; meaning and intent, except as expressly set forth in the above-mentioned
items, and all other provisions of the Contract shall remain unchanged and in full
force and effect.
The undersigned hereby acknowledge and consent to the above changes to the
original Rehabilitation Contract.
7/L4'77-1e/
ntracto . Four Seasons Construction Date
7 -
Owner: Edith B. Fletcher Date
!-- 4_J3 '
Rehabilitation Specialist: led St Cyr Date
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of 0 HA,N4,4 Planning Department
� / 41p� January 21, 1999 Omaha/Douglas Civic Center
'Gr? �v.'�4�..^ 1819 Farnam Street,Suite 1100
��PI��� it Omaha,Nebraska 68183-0110
.f � (402)444-5200
Edith Fletcher (402)444-5150
AO�47.Ft)FE88J4Y 3219 North 40th Street Telefax(402)444-6140
City of Omaha Omaha, NE 68111 Robert C.Peters
Hal Daub,Mayor Acting Director
RE:
Dear Edith Fletcher:
Pursuant to your request for an inspection,Ted St.Cyr, performed an inspection December 17, 1998.
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 and trim and ceilings.
48-131-133 Repair windows for proper operation. Paint and re-finish windows units.
48-131-136 Install new sheet vinyl and underlayment in bathroom.
48-111-115 Wire GFI's receptacles at kitchen, bath and basement.
48-111-115 Install new lighting fixtures to replace broken units.
48-111-119 Install new lighting fixtures to illuminate hallways and stairways.
48-111-116 Install new furnace and chimney liner and replace broken registers.
48-131-135 Replace all galvanized water supply piping with new copper.
48-131-137 Install code waste and vent piping and connections and laundry stack.
48-91-92 Install new kitchen sink and faucet.
48-91-93 Install new water closet.
48-91-93 Install new bathroom sink and faucet.
48-91-94 Install new code shower faucet. Install new tub and faucet. Replace tub walls.
48-131-132 Scrape and paint interior foundation walls.
Cabinets Install new cabinets and countertops.
EXTERIOR
48-91-99 Replace broken concrete driveway.
48-131-134 Remove and install new porch assembly at south side.
48-131-132 Scrape and paint siding and trim.
48-131-133 Repair or replace the windows.
48-111-120 Repair or replace combination storm windows and combination storm doors.
48-131-132 Repair and paint fascia.
48-131-132 Install new roofing and metal flashing.
48-131-132 Install new gutters and downspouts.
48-131-132 Install new over head garage door.
Please feel free to call me if you have any questions.
Sincerely,
Ted St.Cyr
Rehabilitation Inspector
. . .
. .
. .
. .
AamtilNEBRASKA STATE HISTORICAL SOCIETY
i .4 1500 R STREET,P.O.BOX 82554,LINCOLN,NE 68501-2554
(402)471-3270 Fax:(402)471-3100 1-800-833-6747 www.nebraskahistory.org
March 1, 1999
Edward Dantzler
Rehabilitation Division
Planning Department
1819 Farnam Street
Omaha, NE 68183-0110
RE: 1525 B Street (9902-105-01), 2604 S 12th (9902-106-01), 3709 N 17th
(9902-107-01), 4134 S 29th (9902-108-01), 5014 S 22nd (9902-109-
01), 1343 S 25th (9902-110-01)
Dear Mr. Dantzler:
The referenced 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. 1
If you have any questions concerning this review, please contact Greg
Miller at (402) 471-4775.
Sincerely,
,421 gr:4.."-0,-
L. Robert Puschendorf
Deputy State Historic P eservation Officer
NLI
•
AN EQUAL OPPORTUNITY/AFFIRMATIVE AC710N EMPLOYER `
APR 29 '98 09:04 S 1 EUE UCUNNUI1 5 TR f t= I-ARM HUENLY 402 .5.51 5555 I U:
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CERTIFICATE OF INSURANCE
'TAN FARM
This es tgat ® STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
0 STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
irsimiesatiiadsil wing policyholder for the coverages indicated below;
of policyholder MURRAY SMITH & ROBERT THACKER DBA FOUR SEASONS CONST
Address of policyholder PO BOX 31161
OMAHA, NE 68131
Location of operations
Description of operations
The policies listed below have been Issued to the policyholder for the policy periods shown. The insurance described In these policies is
subject to all the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims.
POUCYPOLICY PERIOD LIMITS OF UABIUTY
NUMBER TYPE OF INSURANCE
Effective Date Expiration Date fat beginninj of policy period)
Comprehensive BODILY INJURY AND
97-BU-3921-6 Business Liability 04/23/98 04/23/99 PROPERTY DAMAGE
This Insurance Includes: ® Products-Completed Operations
• Contractual Liability
— ® Underground Hazard Coverage Each Occurrence $ 1 0 0 0 0 0 0
ER Personal Injury
®Advertising Injury General Aggregate $2 0 0 0 0 0 0
❑ Explosion Hazard Coverage Products-Completed
❑ Collapse Hazard Coverage Operations Aggregate $2 0 0 A(0 0 0
❑ General Aggregate Limit applies to each project
❑ POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY Effective Date Expiration Date (Combined Single Limit)
❑ Umbrella Each Occurrence $
❑ Other Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers'Compensation
and Employers Liability Each Accident $
Disease Each Employee $
Disease-Policy Limit $
POUCY PERIOD LIMITS OF UABIUTY
POUCY NUMBER TYPE OF INSURANCE
Effective Date Expiration Date (at beginning of policy period) -
• If any of the described policies are canceled before its
expiration date, State Farm will try to mall a written notice to
the certificate holder days before cancellation. If,
however, we fail to mail such notice, no obligation or liability
will be imposed on State Farm or its agents or
representatives.
Name and Address of Certificate Holder
CITY OF OMAHA
Signature of Authorized Representative
cr‘b.k.rcN\,
Title
558-991 a 2-SO Printed In U.SA. \ aC.1%
-
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*
. *U.S. DEPARTMENT. OF HOUSING AND URBAN DEVELOPMENT
ENVIRONMENTAL/ HISTORIC COMPLIANCE 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): 1/`1 P
APPLICANT: EdI ••I +" fli
PROJECT! ACTIVITY(if applicable): 2 * l
REHAB PROPERTY ADDRESS: 2-19 \1Or- n 4 O+h St•
COMPLIANCE FINDINGS
Action taken to
Achieve Compliance
e 0 n 0, t
on ud
I I�� at l a'r' at s
Compliance 657 ul i If i c ial i•
n Reason for Non-Compliance
Factors sin ns •t idl A c (note conditions andlor source
i co rri mo s is documentation for findings)
NOISE ✓
(24 CFR PART 513)
HISTORIC
PRESERVATION
(36 CFR PART 800)
FLOODPLAIN •
MANAGEMENT vo.0"..
(E.O. 11988)
ENERGY
CONSERVATION 10/
(24 CFR PART 39)
HAZARDS
(24CFR ?ART51 /AND HUD NOTICE ✓ -
79-33)
OTHER
(Form must be signed and dated by Preparer and Supervisor)
PREPARER DATE I SUPE.RV OR A DATE
—T"45.r• t--21-9 �' ,/"/7? .
4/95davet.torms.envihistco lycidst.1 (24 CFR PART 50)
CC: Dave Fansiau
'City of Omaha, Housing and Community Development Division
BID SELECTION FORM:
This is to certify that I have received a copy of the Work Write-Up detailing the work which shall be performed on
the property at:
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:
Y 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
Owner d(y Date /-moo ^y'
Owner Date
Witness
Date
9/18/90
410 li
•
I have reviewed all of the bids submitted for the
rehabilitation of my property located at:
i7 •
My contractor of choice is:
•
Own r
Owner
Date
(5,,,HA.N.6:,,�� - Planning Department
�y�, Inspector: Ted St.Cyr 444-5083 Omaha/Douglas Civic Center
- h��� l January 6, 1998 1819 Farnam Street,Suite 1100
,l Omaha,Nebraska 68183-0110
�®.� � � Fairfax T.A.P. c > 5200
0� 402 444-
$ �ti. (402)444-5150
A4Teo FEaR°r4 Telefax(402)444-6140
City of Omaha Edith Fletcher Robert C.Peters
Hal Daub,Mayor Acting Director
y 3219 North 40th Street
Typical
1. Contractor shall move furniture, appliances and window coverings.
2. Contractor shall add sales taxes and delivery to allowances and bond cost to final bid.
3. Contractor shall attain the workmanship and materials as per standard specifications.
4. All paint colors, shingles, carpet, sheet vinyl, plastic laminate shall be owner select.
5. Window Replacement:
a). Install 1 picture and 9 double hung window units with insulated glass and full screens,
units include sash, jamb, sill, brick mold, stop, trim, hardware, cap flashing, etc.
1). Remove existing window units and combination storm windows and haul away.
2). Installation shall be as per manufacturer's specifications.
3). Prime then paint interior and exterior surfaces 2 coats white semi-gloss paint.
6. Primary Entry Door and Combination Storm Door:
a). Install 2 new metal clad, insulated entry door units with peep holes, units include door,
jamb, sill, brick mold, casing, stop, cap flashing, lock set, dead bolt, hardware, etc.
1). Remove existing units and combination storm doors and haul away.
2). Prime then paint interior and exterior surfaces 2 coats white semi-gloss paint.
b). Reinstall existing combination storm doors, replace missing inserts at side unit.
Living Room & Hallway
1 . Repair and paint all ceiling and wall surfaces minimum 2 coats approved paint.
a). Leave mirror panels in living room intact. Leave wall paper in hallway intact. -
2. Clean and paint the previously painted wood surfaces minimum 2 coats semi-gloss paint.
3. Electrical: Install new porch light and switch, fixture allowance $30.
4. Install new $13 allowance carpet plus prime pad.
5. HVAC: Install new supply air register.
Kitchen and Dining Area
1 . Repair and paint all ceiling and wall surfaces minimum 2 coats approved paint.
a). Repair walls opened as is necessary to access piping.
- b). HVAC: Install new supply air register.
2. Cabinets and CounterTops ,
a). Remove and install ARISTQKRAFT Oakland selecT cabinets, orapproved equal.
1). 8 LF base cabinets and 5 LF wall cabinets along east wall as existing.
b). Install new pre-formed counter tops at base cabinets.
3. Plumbing
a). Install new 7" deep, 2-compartment stainless steel sink and new faucet.
b). Install new waste, vent, supply piping, waste and supply hookups to service sin
•
•
•
4. Electrical '
a). Wire 3 GFI outlets to service the counter top areas.
b). Wire one new light fixture and wall switch, fixture allowance $35.
5. Install $13 per yard sheet vinyl plus underlayment, include basement steps and landing.
Northwest Bedroom
1 . Repair with GB, lightly texture and paint ceiling minimum 2 coats approved paint.
2. Electrical: Install new ceiling light fixture, fixture allowance $35.
Northeast Bedroom
1 . Electrical: Install new combination ceiling fan and light fixture, fixture allowance $85.
Bathroom
1 . Paint walls above tile and ceilings and wood work minimum 2 coats approved paint.
a). Repair walls opened as is necessary to access piping.
b). Replace broken ceramic tile and repair substrate at all areas except around tub.
c). Remove tile around tub and install Durock around the tub.
e). Remove window, frame and insulate opening, install 3/4" BCX plywood at exterior.
2. Install ceramic tile with soap dish around tub, shall finish 6' AFF.
3. Plumbing
a). Install new water closet with new seat, supply line, shut-off and seal.
b). Install $350 allowance vanity sink unit plus faucet, new waste and supply hook-ups. -
c). Install new code shower at existing tub and new supply piping and waste/overflow.
d). Install new waste, vent and supply piping to service tub, water closet and sink.
4. Electrical
a). Wire new GFI receptacle as-per code.
b). Wire $65 exhaust fan and separate controlling switch and vent to the exterior.
c). Wire new ($60 allowance) light fixture above medicine cabinet and separate switch
5. Install new $13 per yard allowance sheet vinyl plus underlayment. Install new base trim.
Basement
1 . Repair and paint walls and ceiling at stairway minimum 2 coats approved paint.
2. Scrape and paint all block foundation wall surfaces minimum 2 coats white paint.
3. Electrical -
a). Install new light fixture atop basement stairway, fixture allowance $25.
b). Wire new exterior porch light fixture and switch, fixture allowance $25.
4. Plumbing
a). .Remove and install new waste and vent piping from basement floor through roof.
b).-Install new copper water piping from meter to all fixtures and 2 code sill cocks.
c). Remove and install new floor drain. Auger to'clean waste piping to sewer main.
d). Install new code laundry stack. —
5. HVAC: Install new properly sized furnace and thermostat, installation shall be as per code.
a). Alter the plenums and install filter rack and filter.
6. Remove and install new metal, insulated factory painted overhead garage door unit complete.
2
•
Exterior
1 . Roofing
b). Install new 3-tab 25-year shingles.
b). Overlay shall be properly nested, see drawing.
c). Install new flashing; valley, gable, gutter apron and 5 roof vents.
2. Gutter System and Fascia
a). Remove and install new 5" seamless gutters and 4 downspouts with extenders.
b). Remove and install new 2x6 cedar fascia boards throughout. •
1). Prime prior to installation, finish paint after installation.
3. Scrape and paint all exterior, previously painted surfaces minimum 2 coats approved paint.
a). Include siding, trim, foundation and block surfaces, etc.
b). Paint the new window units and door units as called for in typical section.
c). Owner has the option for a color scheme having maximum of 2 colors.
4. Concrete
a). Remove and install new 6" thick, curb approach.
5. Remove and install new CCA lumber small deck assembly at south side entrance.
a). New assembly shall be same size as removed assembly.
NOTE: House shall be treated for termite infestation, the general contractor is not responsible.
a). The Planning Department, Housing and Community Division shall retain and pay
pest control company.
By signing this work write up you as the homeowner are certifying:
- Complete understanding of all work items listed.
- Only work items listed are to be bid on by Contractor.
- Only work items listed are to be done by Contractor.
- Additional work must first be approved by Planning Department.
Owner Date
3
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PROJECT: Fairfax Target Area Project
ADDRESS: 3219 North 40th Street
VIEW: Interior
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PROJECT: Fairfax Target Area Project
ADDRESS: 3219 North 40th Street
VIEW: Exterior
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c-25A2 CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr ,Iuxie...£ 19..99
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the HOME Investment Partnerships Program Rules and Regulations,
Section 92.205, authorizes the use of HOME funds to provide incentives to develop and support
homeownership affordability through moderate or substantial rehabilitation of non-luxury housing;
and,
Whereas, HOME Program rehabilitation financing is intended for low income •
homeowners having an annual income that does not exceed 80 percent of the median income for the
Omaha,NE-IA metropolitan statistical area; and,
WHEREAS, the Mayor recommended various projects in the 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 best bid was received in an amount of $29,705.00, as amended
through Addendum#1,from Four Seasons Construction Company to rehabilitate the property owned
and occupied by Edith B. Fletcher; and,
WHEREAS,this rehabilitation is in the best interests 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:
By
Councilmember
Adopted
City Clerk
Approved * 0
Mayor
c-25A rcrry OF OMAHA
•
•
LEGISLATIVVE CHAMBER
Omaha,Nebr 19
PAGE 2 = 4
1-4
THAT, the attached agreement, as recommended by the Mayor, to cprovide a
Repayable Loan in the amount of $7,675.00 and.a Deferred Payment Loan in the amount of -
$25,000.00 for a total of$32,675.00 for the rehabilitation of the property owned and occupied by
Edith B.Fletcher located at 3219 North 40th Street in the Fairfax Neighborhood,is hereby approved.
The contract is to be awarded to Four Seasons Construction Company. Funds shall be paid from the
HOME Investment Partnerships Program Fund No. 186, Target Area Rehabilitation Program,
Organization No. 5017.
APPROVED AS TO FORM:
j .2( (0, 6/i/9
9
ASSISTANT CITY ATTORNEY DATE
P:\PLN3\7171.MAF
°2 74 ULe k
By
Councilmember
Adopted N S 1999 S_
irjr
Approved *.
1/• Mayor
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