RES 1998-1818 - Agmt for rehabilitation of 3004 S 15th St A/17/
F°MAHA,NE,, Planning Department
�,�- ����s� RECEIVED
Omaha/Douglas Civic Center
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City of Omaha June 30, 199>('f`i4fl"'° "`"';,::z. ,,i
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached proposed Resolution is for the rehabilitation of the property owned and occupied by
Barbara I. Lupton located at 3004 South 15th Street in the Deer Park Neighborhood. The contractor
is G. L. Hustak Contracting.
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Ms. Lupton's income is 36% of the median. 'Her rehabilitation loan, which is comprised of a
$6,550.00 CDBG Repayable Loan and.a$25,000.00 Deferred Payment Loan(DPL), for a total of
$31,550.00, meets the City of Omaha Moan underwriting guidelines. 14,
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The rehabilitation of this single-family home meets the requirements of the federal CDBG program,
preserves existing housing stock,and at the same time complements other nearby home renovations.
Upon completion, this house will qualify as meeting the 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. j
Your favorable consideration of this Resolution will be appreciated.
Respectfully submitted, Referred to City Council for Consideration:
2,11/' /)/ -5-*/ -f) ___ -(Z--_,/,./3 . ‘-7,,k.
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Robert C. Peters Date Mayor's Office/Title Date
Acting Planning Director
A ed as to Funding: Ap ed:
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Cirsi
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Louis A. D'Ercole, Director Date George, . vis, Jr., Director Date
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Finance Department if Human elations Department -f'r:.
P:\PLN2\5965.SAP A
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) Barbara I. Lupton
(ADDRESS) 3004 South 15th Street
(hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Owner is the sole owner of certain property located at 3004 South 15th
Street and legally described as follows, to wit:
The North 55 feet of the East 178 feet of Lot 48, S. E. Roger's Plat and Okahoma, an
Addition to the City of Omaha, as surveyed, platted and recorded in Douglas County,
Nebraska (commonly known as 3004 South 15th Street)
(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) G. L. Hustak Construction
(Date Contractor Signed the Rehabilitation Contract) February 13, 1998
(HCD File No.) 98-HCD/2232
(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 an HCD Repayable Loan to the Owner for the
sum of $6,550.00 pursuant to the Rehabilitation Financing Guidelines of the current CDBG
Program Year and make a Deferred Payment 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 Federal
Community Development Block Grant funds in the current program year. No order
to proceed using these loan funds shall be approved until the availability of such
CDBG 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.
(c) reside at the Dwelling and own the Premises for ten (10) years after the issuance of
the certificate of completion pursuant to the Rehabilitation Contract, if the Owner has
received a Deferred Payment Loan.
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,
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(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 grant 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 be 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 OM A. A, a Mu 'cipal Corporation
L
r �Clerk of the City of Omaha Mayor of the City of Omaha
Date: --7 �/�� Date: 77/1�1�
cy„."„&._,(J
Barbara I. Lupton
Date: `�� %l/ a 2 /99
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APPROVED AS TO FORM: WITNESS:
Cdtheii
Mhtij
Assis ant City Attorney /�
Date: ,111 !� 4/19Se
REHABILITATION CONTRACT
Loan Number: g-144 ®c 3
This Contract is between Barbara I . Lupton
(Owner's Name)
of 3004 South 15_}t 'StrPPt. , Omaha, Nebraska
(Owner's Address) (City and State)
(referred to herein as the "Owner" and G:L. Hu s t a k Contract i nci
(Contractor's Name)
of 5536 Pacific Street , Omaha, 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 '3004 South 15th 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 exec d and approved copy of the Contract is not delivered to the Contractor on or
before, /3 , 19 qk , (date equal to sixty (60) days from date that the
(D e)
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
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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 28 , 19 97 );
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$ 2 7, 1 1 n n o . 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.
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.
Sa J. ')- -9,g
(Owner) Barbara I . Lupton(Date) (Owner) (Date)
(Owner) (Date) (Owner) (Date)
(Owner) (Date) (Owner) (Date)
AM 7.6))/(4-21-4Aq
(Witness) (Date)
G.L.Hustak Contracti ng �b3h.,)'
(Contractor) (Date)
BY: 4(.44 /ctialt
TIT \
i ness) ( ate
Approved by the City on w " , 19 !
BY:
Robert Peters, Acting
TITLE: Planning Director
Mailed to CONTRACTOR,and Effective on 4-1 , 19 fd
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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) Manufacturer's and Contractor's $100,000/300,000 $100,000
Personal Liability
(3) Independent Contractors $100,000/300,000 $100,000
(4) Product, Including $100,000/300,000 $100,000
Completed Operations
(5) Auto Owned, Leased or Hired $100,000/300,000 $ 50,000
(6) Workman's 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
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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
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
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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.
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:
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A. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, sex or origin. The Contractor will take
affirmative action to ensure that applicants and/or employees are employed
or treated during employment without regard to their race, color, creed,
religion, national origin, sex, marital status, age, and status with regard to
public assistance or disability. On Agreements of $10,000 or more, the
Contractor agrees to abide by the following provisions of Executive Order
11246, and agrees to incorporate such language in all contracts for$10,000
or more which he/she may enter into in connection with this Contract. Such
action shall include but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; ..
layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the locality setting forth the
provisions of this nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees
placed by or on behalf of the Contractor, state that all qualified applicants
will receive consideration for employment without regard to their race, color,
religion, sex or national origin.
C. The Contractor will send to each labor union or representative of workers
with which he/she has a collective bargaining agreement or other contract or
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,
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this Contract may be cancelled,terminated,or suspended in whole or in part,
and the Contractor may be declared ineligible for further Government
contracts or Federally-assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965; and
such other sanctions may be imposed and remedies invoked as provided in
Executive Order 11246, or by rules,regulations or orders of the Secretary of
Labor, or as otherwise provided by law.
G. The Contractor will include the portion of the sentence immediately
preceding paragraph(A) and the provisions of paragraphs (A)through(G) in
every subcontract or purchase order unless exempted by rules, regulations,
or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect
to any subcontract or purchase order which the property owner or the
Secretary of Housing and Urban Development may direct as a means of
enforcing such provisions,including sanctions for noncompliance: Provided.
however, that in the event the Contractor becomes involved in, or is
threatened with, litigation by a subcontractor or vendor as a result of such
direction by the property owner or the Secretary of Housing and Urban
Development,the Contractor may request the United States to enter into such
litigation to protect the interest of the Secretary of Housing and Urban
Development of the United States.
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
Revised 1/96 - 9 -
•
•
contractual or other disability which would prevent them from complying
with these requirements.
C. The Contractor will send to each labor organization or representative of
workers with which he/she has a collective bargaining agreement or other
contract or understanding,if any,a notice advising the said labor organization
or worker's representative of his/her commitments under this Section 3 clause
and shall post copies of the notice in conspicuous places available to
employees and applicants for employment and/or training.
D. The Contractor will include this Section 3 clause in every subcontract for
work in connection with the project and will, at the direction of the applicant
for, or recipient of, Federal financial assistance take appropriate action
pursuant to the subcontract upon a finding that the subcontractor is in
violation of regulations issued by the Secretary of Housing and Urban
Development, 24 CFR Part 135. The Contractor will not subcontract with
any subcontractor where he/she has notice or knowledge that the latter has
been found in violations of regulations under 24 CFR Part 135, and will not
let any subcontract unless the subcontractor has first provided him/her with
a preliminary statement of ability to comply with the requirements of these
regulations.
E. Compliance with the provisions of Section 3, the regulations set forth in 24
CFR Part 135, and all applicable rules and orders of the Department issued
thereunder prior to the execution of the Contract, shall be a condition of the
Federal financial assistance provided to the project, binding upon the
applicant or recipient for such assistance, its successors, and assigns. Failure
to fulfill these requirements shall subject the applicant or recipient, his/her
contractors and subcontractors, all successors, and assigns to those sanctions
specified by the grant and/or loan agreement or contract through with Federal
assistance is provided,and to such sanctions as are specified by 24 CFR Part
135.
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.
Revised 1/96 - 10 - r�
v
r
) z=o
C. The parties agree that materials and equipment that have been removed and
replaced as part of the work shall belong to the Contractor unless otherwise
specified by the Owner.
D. The parties agree that should any dispute arise respecting the percentage of
• completion,the construction,the meaning of drawings or specifications, or
should any dispute respecting the true value of any omitted or improper •
workmanship or materials, or of any loss sustained by the Owner, and if the
manner of estimation is not herein otherwise provided for, the same shall be
determined in the following manner: Either party shall notify the other in
writing that the dispute be submitted to arbitration. Within ten(10)days after
such written notice, each of the parties shall meet with the Director of the
Planning Department, or his/her authorized representative, and both parties
agree to be bound by the decision reached as a result of this meeting.
If a finding of a formal dispute resolution finds that the Contractor must be
paid, and if the Owner refuses to give his or her approval, the City must
authorize the disbursement and process for payment without the Owner's
signature, noting the reasons for doing so on the pay request and in the
rehabilitation file.
•
E. As governmental funds are being used,the Contractor agrees that he/she and
his/her subcontractors will obey all civil rights and equal employment
opportunity provisions of local, state, or federal law and abide by the
provisions of the attached Section 3 clause. The Contractor further agrees to
comply with all requests by the governmental agency for employment records
to enforce this position.
F. The Contractor agrees to comply with affirmative action requirements
mandated by Executive Order 11246 and the regulations.promulgated
thereunder; and the civil rights compliance ordinance of the Omaha
Municipal Code.
•
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.
•
•
Revised 1/96 - 11 -
J�o.+nHA.,vFo9 Planning Department
.'s� Omaha/Douglas Civic Center
`�'' INSPECTOR: TED ST.CYR 1819 Farnam Street,Suite 1100
DEERS PARK T.A.P. Omaha,Nebraska 68183-0110
' OCTOBER 28, 1997 (402)444-5
Ao_. c�ti' (402)444-5150
50
R4rEo Fsea�� Telefax(402)444-6140
City of Omaha BARBARA LUPTON
Hal Daub,Mayor 3004 SOUTH 15th STREET
Typical
1. Contractor Shall:
a). Move furniture, appliances and window coverings.
b). Add sales taxes and delivery to all allowances.
c). Add bond cost to final bid figure.
2. Electrical
a). Replace all switches, outlets and coverplates at existing locations with new units.
3. Workmanship and materials as per standard specifications.
4. All paint colors, sheet vinyl, plastic laminate shall be owner select.
5. Replace all broken sash ropes.
Living Room & Dining Room
1. Primary Entry Door Unit.
a). Clean and apply 2 coats polyurethane at interior and exterior surfaces.
c). Retain the services of a Lock Smith to replace lock and key.
2. Install new door bell system complete, chime allowance $35.
3. Install handrail with metal.brackets to service attic stairway, stain and polyurethane.
East.Bedroom
1. Install new by-pass doors at closet, sand, stain and apply 2 coats polyurethane.
West Bedroom
1. Repair closet for proper operation, sand, stain and apply 2 coats polyurethane.
Bathroom
1. Install 1/2" GB at walls and Durock around tub, finish, prime, paint 2 coats.
a). Remove north wall plaster and lath and install insulation and vapor barrier.
b). Remove tile and medicine cabinet.
2. Paint ceiling, window and door units and trim minimum 2 coats approved paint.
3. Install 4 foot long 1-1/2" stainless steel handi cap bar at west•tub wall and blocking.
4. Plumbing
a). Reinstall water closet with new supply line, shut-off and seal.
b). Install vanity sink unit and faucet with new waste and supply hook-ups..
1). Allowance for cabinet and sink top $300
c). At existing tub
1). Install new code shower with faucet, filler and personal shower.
a). Owner shall have salvage rights to removed tub faucets.
2). Install new supply piping and waste/overflow.
d). Install new waste, vent and supply piping to service tub, water closet and sink.
5. Electrical
a). Install GFI receptacle as per code.
b). Install $40 light fixture above medicine cabinet and separate controlling switch.
c). Install $65 exhaust fan and separate controlling switch, vent to exterior. 4
.1
6. Ceramic Tile
a). Install white ceramic tile around tub 13 courses plus cap and soap dish.
b). Install white ceramic tile at all bathroom walls 9 courses plus cap.
7. Install new medicine cabinet, 2 towel bars, paper holder and 2 shower curtain rods.
a). Allowance total for the 6 items $200.
Kitchen & Hallway to Basement
1. Remove broom closet at NE corner and the frame and piaster range hood assembly.
a). Install and finish GB as necessary to close wall and ceiling openings.
2. Remove the 2 built in bench units at west wall, area shall become laundry location.
3. Repair and paint all ceiling and wall surfaces minimum 2 coats approved paint.
4. Paint all door and window units and trim surfaces minimum 2 coats semi-gloss.
5. Cabinets
a). Construct and install new base cabinet (approx.10 LF), use existing doors,
drawers and cutting board. Remove existing base cabinet and counter top.
1). New cabinet shall include toe space and finish 34" AFF (with counter top).
b). At north wall
1). Construct and install new 9" wide base cabinet (between stove and
refrigerator) and 6 LF of wall cabinets, design shall match existing.
2). Hinges shall match as closely as possible.
c). Cut off wall cabinets one inch to attain additional clearance for south counter top.
d). Install new pre-formed counter tops and back splash to the wall cabinets.
1). Include the 9" counter top at north wall base cabinet.
e). Paint all new and existing base and wall cabinets minimum 2 coats enamel paint.
1). Clean and sand all surfaces as necessary preparation for painting.
2). At existing cabinets
a). Do not paint the interior shelving assembly and wall surfaces
b). Paint the interior surfaces of the styles, doors and drawer fronts.
2). The new constructed cabinets
a). Paint all interior surfaces.
4). Remove paint from the glass panels of the 4 large wall cabinet doors.
a). Do not paint these glass panels.
5). Remove and reinstall all drawers and doors and hinges.
6). Install 24 handles, allowance $100.
7). Owner shall clean the existing hinges prior to reinstallation.
6. Plumbing
a). Install new 7" deep, 2-compartment stainless steel sink and faucet with spray.
1). Install new waste, vent, supply piping and waste and supply hookups.
b). Install new recessed code laundry stack and hose bibs at west wall.
c). Install dryer vent, use existing foundation penetration in basement.
d). Move washer and drier to new location and hook up with new hoses.
e). Repair walls opened to attain access for piping.
7. Electrical
a). Install 3 GFl outlets to service the counter top areas as per code.
b). Install new outlet to service new location for refrigerator at north wall.
c). Install a 240 volt outlet for the dryer and a washer outlet at west wall.
8. Install $14/ yd. sheet vinyl plus underlayment, include steps and basement landing area.
2
•
•
Basement
1. Half Bath: Repair and paint ceiling minimum 2 coats approved paint.
2. Plumbing
a). Install new waste and vent piping from basement floor through roof.
1). Include first fitting in floor at main stack.
2). Install new floor drain.
b). Remove galvanized water piping and replace copper piping to service all fixtures.
1). Leave existing water piping above acoustical tile ceilings in use.
2). Install 2 new code sill cocks and remove basement shower piping.
c). Auger to clean waste piping to sewer main.
d). Install new 40 gallon water heater and flue pipe.
e). Extend gas line located at southwest ceiling area to new west wall location.
1). Piping shall be black iron and shall include a gas cock, approx. 7 LF.
3. HVAC Install new properly sized 80% efficient furnace and chimney liner.
a). Make proper electrical, gas and duct connections as per code.
b). Install new RA drop with filter rack and filter.
c). Clean and service the A-coil and central NC system.
Exterior
1. Paint all windows minimum 2 coats, replace missing window putty and broken glass.
a). Remove and reinstall combination storm windows.
b). Paint basement storm windows minimum 2 coats black paint.
2.. Paint porch interior minimum 2 coats and repair and paint lattice work.
3. Garage
a). Remove and install new metal insulated garage door unit.
1). Remove and install new jamb and trim.
2). Connect to existing automatic door opener.
3). Prime then paint unit 2 coats.
b). Install new rubber roofing, recovery board and cant strip at garage.
1). Rubber roofing shall finish over top of parapet.
c). Install new code wrought iron guard rail on 3 sides of the garage, include all
areas more than 30 inches above the grade below.
1). Install using masonry fastening devices which will not damage parapet.
d). Remove and install new concrete flumes at west and north sides of garage.
e). Tuckpoint to repair the deteriorated mortar joints of the garage.
4. Scrape and paint 4 siding pieces south side, paint shall match closely as possible.
5. Back plaster to repair deteriorated retaining walls.
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.
/99 7
Owner Date
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NEBRASKA STATE HISTORICAL SOCIETY
1500 R STREET, P.O.BOX 82554, LINCOLN, NE 68501-2554
Fiiig
(402)471-3270 Fax:(402)471-3100 Museum Fax:(402)471-3314
i
November 14, 1997
Mr. Edward Dantzler
Rehabilitation Division
Planning Department
1819 Farnam Street
Omaha, NE 68183
I
RE: 3370 Jefferson (9711-020-01) 3004 S 15th (9711-021-01)
1730 S 13th (971 1-022-01) 3524 N 47th Ave (971 1-023-01)
4001 Wirt (971 1-024-01) 2826 Franklin (9711-025-01)
3323 Davenport (9711-026-01)
Dear Mr. Dantzler:
The properties located at 3370 Jefferson, 3004 S 15th, 1730 S 13th, 4001 Wirt,
and 2826 Franklin do not meet the minimum standards of historic integrity
• and have not been evaluated under any historic contexts.
We have reviewed the properties located at 3524 N 47th Ave. and 3323
• Davenport 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. These properties do not meet the minimum standards of
historic integrity and have not been evaluated under any historic contexts.
We have determined that the referenced 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.
Sin rely,
L. Robert Puschendorf
Deputy State Historic Pr servation Officer
NEI\NEC
AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER - ® "..
m on�wos f`.
U.S. DEPARTME T OF HOUSING AND URB. .,'J DEVELOPMENT
• ENVIRONMEN I AL/ 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): A
APPLICANT: L T+0%fl
PROJECT/ ACTIVITY(if applicable):
REHAB PROPERTY ADDRESS: )(704 SovkV) \ s Sts—e-z- I
COMPLIANCE FINDINGS
Action taken to
Achieve Compliance
e
ale lon�dt ion t �i
I� at a s
Compliance ult ionf i ° ial in Reason for Non-Compliance
Factors in ns di ec rPt (note conditions and/or source
is co nit Imo sp is documentation for findings)
NOISE
(24 CFR PART 513) V
HISTORIC
PRESERVATION
(36 CFR PART 800)
FLOODPLAIN
MANAGEMENT
(E.O. 11988)
ENERGY
CONSERVATION
(24 CFR PART 39)
HAZARDS
(24 CFR PART 51
AND HUD NOTICE
79-33)
OTHER
(Form must be signed and dated by Preparer and Supervisor)
PREPPAARER DATE SUPERVISOR DATE
�012S'J,7
4195davet.forms.env/histcomplyc t1 J l ! 4 CFR PART 50)
CC: Dave Fanslau
•
of OtANHA•,yFB� Planning Department
��� ���� Omaha/Douglas Civic Center
Eua'"�i �+ 1819 Farnam Street,Suite 1100
f _•� Omaha,Nebraska 68183-0110
® � (402)444-5200
�A�ry_ (402)444-5150
oq.1TEo FE80.Vr4 Telefax(402)444-6140
City of Omaha
Hal Daub,Mayor November 24, 1997
Barbara Lupton
3004 South 15th Street
Omaha, NE 68108
RE: 3004 South 15th Street
Dear Ms. Lupton:
Pursuant to your request for an inspection of the above property, a
Rehabilitation Inspector from this office, Ted St. Cyr, performed an
inspection on October 28, 1997.
The following violations of the City of Omaha Minimum Dwelling
Standards Ordinance, Chapter 48, were noted and are hereby brought to
your attention:
INTERIOR
1. 48-131-132 Install new floor covering in kitchen.
2. 48-131-132 Repair walls and ceilings in kitchen and bathroom.
3. 48-131-134 Install handrail at attic stairway.
4. 48-111-115 Install new outlets and GFI as per code.
5. 48-111-116 Install new furnace.
6. 48-91-98 Install new water heater.
7. 48-91-92 Install new kitchen sink and faucet.
8. 48-131-135 Replace deteriorated waste and vent piping.
9. 48-91-92 Install new kitchen sink and faucet.
10. 48-91-93 Install new bathroom sink and faucet.
11. 48-91-94 Install new code faucets at tub.
12. Cabinets Install new countertops and repair and paint
cabinets.
EXTERIOR
1. 48-131-134 Paint porch.
2 .48-131-132 Scrape and paint four siding pieces on south side.
3. 48-131-133 Paint windows.
1
Barbara Lupton
3004 South 15th Street
November 24, 1997
Page 2
4. 48-131-132 Repair garage.
Should you desire a reinspection of the above property, please notify us
when the corrections have been completed.
Sincerely,
111. 8119fr"....
Ted St. Cyr
Rehabilitation Inspector
I have reviewed all of the bids submitted for the
rehabilitation of my property located at:
00 /''/ C,4 ,
My contractor of choice is:
•
(7wner
Owner
a-' /977
Date
•
•
City of Omaha, Hou...ng and Community Developh.€nt 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 Zee
y • S r� �.
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:
V 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 ) f Date / .f' ? /9 71
Owner Date
Witness Date
9/18/90
^y
PROJECT: Deer Park Target Area Protect - Barbara Lupton
ADDRESS: 3004 South 15th Street
VIEW: Exterior
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PR' OJECT: Deer Park Target Area Project - Barbara Lupton
ADDRESS.
. 3004 South 15th Street
VIEW: Interior
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cs25A. CITY OF OMAHA
.LEGISLATIVE CHAMBER
Omaha,Nebr June 30 19 98
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 benefitting 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 1998 Consolidated
Submission for Community Planning and Development Programs (Consolidated Plan)including the
Target Area Rehabilitation Program; and,
WHEREAS,the City Council approved the 1998 Consolidated Plan on December 16,
1997,by Resolution No. 3397; and,
WHEREAS,this property is eligible for funding under the Target Area Rehabilitation
Program; and,
WHEREAS, Section 5.17 of the Omaha City Charter, effective May 10, 1994,
requires that any expenditure exceeding Twenty Thousand Dollars ($20,000.00)be approved on an
individual basis by the City Council; and,
WHEREAS,the best bid was received in an amount of$27,110.00 from G.L.Hustak
Contracting to rehabilitate the property owned and occupied by Barbara I.Lupton; 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:
By
Councilmember
Adopted
City Clerk
Approved
Mayor
C-25A CITY OF OMAHA
.LEGISLATIVE CHAMBER
Omaha,Nebr June 30 . 1998
PAGE -2-
THAT, the attached agreement, as recommended by;the Mayor, to provide a
Repayable Loan for the rehabilitation of the property owned and occupied by Barbara I. Lupton
located at 3004 South 15th Street in the Deer Park Neighborhood in the amount of$6,550.00 and
a Deferred Payment Loan in the amount of$25,000.00 for a total of$31,550.00 is hereby approved.
• The contract is to be awarded to G.L.Hustak Contracting. Funds shall be paid from the Community
Development Block Grant Fund No. 193, Target Area Rehabilitation Program, Organization No.
8306.
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SSISTANT Cif TTORNEY DATE
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Adopted JU 3 O..1990. •
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