RES 2016-0677 - Agmt for lead-based paint hazard control work to 2331 S 24th St o`� je,, ' G r / r j. Planning Department
U� , 7 L. L.1
Omaha/Douglas Civic Center
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x r +.f Omaha,Nebraska 68183
o r~ ' i! d + t (402) 444-5150
Telefax(402) 444 6140
R4rFD FEB°
r- tE; James R.Thele
City of Omaha May 17, 16 Director
Jean Stothert,Mayor BRAS✓ ,`
Honorable President
and Members of the City Council,
The attached Resolution approves a Grant Agreement for the rehabilitation of the property owned by Sara E. Ortega and
Jose L. Ortega. and located at 2.331 S 24 ST, Omaha, NE with funding as defined in the table below. The contractor is
Cherck's Home Repair, LLC.
1 his project was competitively bid with $26,421.00 being the best bid received. This bid is within the Planning
Department's Financing Guidelines for the funding source(s) listed in the table below. The Planning Department has
determined that this bid is reasonable for the work on this property, based on the certified cost estimate and the bids received.
The total household income is below 80%of the Median Income by Family Size as established by the Department of
Housing and Urban Development The total project cost is$26,421.00 from the following:
Program Name Fund Source Fund No. Org No. Amount
NE l.11Du,78-1 ti Lead 2015 12136 128104 $76.421.00
City Fund Amount Total $26,421.00
The rehabilitation of this single-family home meets the requirements of the Funding Program(s) in the table above. the City's
Lndcrkvriting Guidelines and is consistent with the Lead-based Paint Hazard Reduction Demonstration Grant No.
NEL111)0.278-15, which was approved on January 12,2016 by City Council Ordinance No.40610.
The Contractor, Clierek's Home Repair, LLC, has on file a current Annual Contract Compliance Report Form (CC-1). As is
City policy, the Human Rights and Relations Department will review the Contractor to ensure compliance with the Contract
Compliance Ordinance.
Your favorable consideration of this Resolution is requested.
Sincerely, Referred to City Council for Consideration:
71-6--- V2L7/6. <3----JALN__ --b --tjt.j.- , -...57 Z._ i
James R-- lhelc •
Date Mayor's Office Date
Plannina Director 11
Approved as to Funding: Approved:
/�
JSte he; Curtiss vivi6
__
e er 1{. Danne , Jr. Date
Finance Director Human Rights and Relations Director
1
2 i69 inprn
REHABILITATION CONTRACT
Project ID No.: 24887
This Contract is between Sara Ortega and Jose L. Ortega(Owner Spouse)
(Owner's Name)
of 2331 South 24th Street , Omaha, NE 68108
(Owner's Address) (City and State)
(referred to herein as the "Owner" and Cherek's Home Repair, LLC
(Contractor's Name)
of 10224 Weir Street , Omaha, NE 68127
(Contractor's Address) (City and State)
a Limited Liability Company (referred to herein as the "Contractor") warranting itself to be
licensed, and/or bonded (if applicable) and qualified to perform the work specified herein. This
contract is for the rehabilitation of property located at
at 2331 South 24th Street , Omaha, NE 68108
(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, '314 tV , 2016, (date equal to sixty (60)
Date)
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days from date that the Contractor signs this contract), the Contractor may refuse to be bound by
the terms of this Contract. If, however, a properly executed and approved copy of this Contract is
delivered after the above date and the Contractor subsequently performs work or delivers
materials to the Property, the Contractor shall be bound by the contract. For the purposes of this
paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the
Contractor upon mailing by the City to the Contractor's address shown above. The Contractor
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 March 30, 2016);
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$26,421.00. The price of specific items of work is stated in the Schedule
of Work.
5. PROGRESS PAYMENTS: The Contractor agrees that the total contract price
shall be paid in one or more progress payments, based on the value of the work completed at the
time the progress payment request is made. Should any work for which payment is requested,
not be completed, be completed incorrectly, or not be done in a high quality workmanlike
manner, the amount of such work shall be deducted from the payment request. Payment for any
work so deducted may be requested on future requests for payment; provided, said work has
been satisfactorily completed and the reason for the initial denial of payment no longer exists.
Partial lien waivers from general contractor shall be provided with each progress payment
requested. Progress payments will be made up to and including 90% of the value of the work
completed. Any further payment would be made when project is 100% complete. In the case of
inclement weather or any other factor that the City determines that will prevent project
completion, the Contractor will be paid based on the actual amount of work completed. Final
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lien waivers shall be presented from the general contractor at the time the request for final
payment is made. Such progress payments shall be disbursed at the request of the Owner(s),
after inspection and approval of the work by the Owner(s) and the City. Final payment shall be
due upon satisfactory completion and acceptance of work as being in compliance with this
Contract by the Owner and the City, permit sign-off (if applicable), submission of satisfactory
waiver(s) of liens, or a bond satisfactory to the Owner and the City indemnifying the Owner
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)
7. ATTESTATION OF CITIZENSHIP. To comply with Neb. Rev. Stat. 4-108
through 4-114, the Developer/Owner/Subrecipient agrees to comply with the following
requirements:
A. The Developer/Owner/Subrecipient shall include the following language
in all contracts and subcontracts for the physical performance of services:
"The Contractor is required and hereby agrees to use a federal
immigration verification system to determine the work eligibility status of
new employees physically performing services within the State of
Nebraska. A federal immigration verification system means the electronic
verification of the work authorization program authorized by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C.
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1324a, known as the E-Verify Program, or an equivalent federal program
designated by the United States Department of Homeland Security or
other federal agency authorized to verify the work eligibility status of a
newly hired employee. If the Contractor is an individual or sole
proprietorship, the following applies:
1) The Contractor must complete the United States Citizenship
Attestation Foini available on the Department of Administrative
Services website at www.das.state.ne.us.
2) If the Contractor indicates on such attestation form that he or she is
a qualified alien, the Contractor agrees to provide the U.S.
Citizenship and Immigration Services documentation required to
verify the Contractor's lawful presence in the United States using
the Systematic Alien verification for Entitlements (SAVE)
Program.
3) The Contractor understands and agrees that lawful presence in the
United States is required and the Contractor may be disqualified or
the contract terminated if such lawful presence cannot be verified
as required by Neb. Rev. Stat. 4-108."
8. EMPLOYEE CLASSIFICATION ACT. To comply with the Nebraska Employee
Classification Act, each contractor who performs construction or delivery service pursuant to this
contract shall submit to the City an Affidavit For Employee Classification Act (Exhibit 1)
attesting that (1) each individual performing services for such contractor is properly classified
under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (2) such contractor
has completed a federal 1-9 immigration form and has such form on file for each employee
performing services, (3) such contractor has complied with Neb. Rev. Stat. Section 4-114
(federal immigration verification system), (4) such contractor has no reasonable basis to believe
that any individual performing services for such contractor is an undocumented worker, and (5)
as of the time of the contract, such contractor is not barred from contracting with the state or any
political subdivision pursuant to the Act. The contractor shall follow the provisions of the Act.
A violation of the Act by a contractor is grounds for rescission of the contract by the City.
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9. 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
Contract.
r,
Over: Sara Ortega Date Own r: Jose L. Ortega I e
S/a1///� Owner's Spouse �.2`J(« G
Owner: Date Owner: Date
Owner: Date Owner: Date
/ 1
s Date
Cherek's Home Repair, LLC
Contractor,
BY: Barbara Cherek Date
TITLE: Office Man ger
W ns Date
Approved by the City o 9 , 20/.h,
BY: ‘Th
Name: David Thomas
TITLE: Assistant Planning Director
Mailed to CONTRACTOR, and Effective on ,, 20 /6 ,
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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) No bid bond or performance bond will be required for a Rehabilitation
Contract in an amount less than the Federal Government's small purchase
threshold under OMB Circular A-110, currently at $100,000. On a case-
by-case basis the Director of the Planning Department can require a bond
if it is in the best interest of the Federal Government and the City of
Omaha. The contractor must be on the Planning Department approved
contractors list.
(2) Contractor's Personal Liability $1,000,000
(3) Combined Bodily Injury and Property Damage $2,000,000
(1,000,000 per occurrence)
(4) Product, Including Completed Operations $1,000,000
(5) Workers' Compensation
These coverages are required to protect the Contractor and the Owner from any
liability or damage from injury to, or death of, any of their employees, other
persons, or property wherever located, resulting from any action or operation
under this Contract, or in connection with the work including liability or
damage which may arise by virtue of any statute or law in force or which may
hereinafter be enacted.
The Contractor agrees to provide evidence to the Owner through the City of
such insurance prior to the commencement of the work. Failure to provide
adequate evidence of insurance, or failure to maintain the insurance as required
by this paragraph, shall be grounds for terminating this Contract at the option of
the Owner.
The City of Omaha shall be named insured on all comprehensive liability
insurance policies.
2. CONTRACT COMPLIANCE CLAUSE: Sec. 10-192. Equal employment
opportunity clause. All contracts hereafter entered into by the City shall incorporate
an equal employment opportunity clause, which shall read as follows:
During the performance of this contract, the Contractor agrees as follows:
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A The Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, sexual orientation, gender
identity, disability or national origin. The Contractor shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, religion, color, sex, age, sexual
orientation, gender identity, disability or national origin. As used herein, the
word "treated" shall mean and include, without limitation, the following:
recruited, whether by advertising or by other means; compensated; selected for
training, including apprenticeship; promoted; upgraded; demoted; downgraded;
transferred; laid off; and terminated. The Contractor agrees to and shall post in
conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officers setting forth the provisions of
this nondiscrimination clause.
B The Contractor shall, in all solicitations or advertisements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, religion, color, sex, age,
sexual orientation, gender identity, disability or national origin.
3. ASSIGNMENT: The Contractor agrees not to assign this Contract without written
consent of the Owner and written concurrence by the City.
4. CHANGE ORDERS: The Contractor agrees not to make any changes to the
Schedule of Work or the Specifications, whether or not requested to do so by the
Owner, without a written change order executed by all parties prior to the
commencement of the work. A written and executed change order is required even if
the modification involves no change in the dollar amount of the Contract.
5. PERMITS AND CODES: The Contractor agrees to secure and pay for all applicable
and necessary permits and licenses required for the Contractor's performance of this
Contract in compliance with applicable requirements, including local building and
housing codes where applicable, whether or not covered by the specifications and
drawings for the work, and further agrees to perform all work in conformance with
the highest standard of all applicable codes and local property rehabilitation
standards.
6. HOLD HARMLESS: The Contractor agrees to defend, indemnify and hold the
Owner harmless from any liability or claims for damages because of bodily injury,
death, property damage, sickness, disease, or loss and expense arising from the
Contractor's performance of this Contract. Both parties agree that each Contractor
and Subcontractor is acting in the capacity of an independent contractor with respect
to the Owner. The Contractor further agrees to protect, defend, and indemnify the
Owner form any claims by laborers, subcontractors, or suppliers for unpaid work or
labor performed, or materials supplied in connection with this Contract.
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The Owner and the Contractor agree to hold and save harmless the City of Omaha
from any and all loss, cost, or damages of every kind, nature or description arising
under this Contract.
7. ELIGIBILITY: The Contractor represents that he/she is not listed on the Disbarred
and Suspended Contractor's List of the U.S. Department of Housing and Urban
Development (HUD) or of the City, and further agrees not to hire or utilize as a
subcontractor or supplier or any person or firm that is so listed.
8. CONDITION OF PREMISES: The Contractor agrees to keep the premises broom
clean and orderly and to remove all debris as needed during the course of the work, in
order to maintain work conditions which do not cause health or safety hazards.
9. LEAD BASED PAINT: The Contractor agrees to use no lead-based paint in the
performance of this Contract, including the performance of any subcontractor.
"Lead-based paint" means any paint containing more than six one-hundredths of one
(1) per centum of lead by weight (calculated as lead metal) in the total nonvolatile
content of the paint, or the equivalent measure of lead in the dried film of paint
already applied. The Contractor further agrees to abide by all Federal requirements
regarding lead-based paint poison prevention.
Lead-Based Paint Regulations at 24 CFR 570.608 and 24 CFR Part 35 and in
particular Sub-Part B thereof Such regulations pertain to all HUD-assisted housing
and require that all owners, prospective owners or tenants or properties constructed
prior to 1978 be properly notified that such properties may include lead-based paint
and require specific treatments according to the amount of HUD funding allocated to
the Project.
10. TERMINATION: The Contractor agrees that the Owner shall have the right to
declare the Contractor in default if the Contractor fails to furnish materials or perform
work in accordance with the provisions of this Contract. In such event, the Owner
shall be responsible for providing written notice to the Contractor by
registered/certified mail of such default. If the Contractor fails to remedy such
default within ten (10) working days of such notice, the Owner shall have the right to
select one or more substitute contractors. If the expense of finishing the work
exceeds the balance not yet paid to the Contractor on this Contract, the Contractor
shall pay the difference to the Owner through the City. The City will assure that all
substitute contractors, subcontractors, suppliers, etc. are paid from the funds received
from the original Contractor. Lien waivers, warranties, etc., shall be obtained just as
though the original Contractor had completed the job. Any funds received from the
original Contractor may be used only to correct/complete items set forth in the
Schedule of Work and may not be used to complete other or extra work desired by the
Owner.
11. INSPECTION: The U.S. Government, the City, and their designees shall have the
right to inspect all rehabilitation work, and the Contractor will take all steps necessary
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to assure that the Government, the City, or their designees are permitted to examine
and inspect the rehabilitation work, and all contracts, materials, equipment, payrolls,
and conditions of employment pertaining to the work, including all relevant data and
records. The U.S. Government and the City by inspecting the premises, records,
suppliers, and equipment assumes no responsibility to the Owner for defective
materials or work in the rehabilitation, or to either party for any breach of this
Contract by the other.
12. INTEREST OF FEDERAL AND CITY OF OMAHA PERSONNEL: The Contractor
agrees that none of the following shall have any interest or benefit, direct or indirect,
in this Contract for any work, supplies, or services, financed in whole or in part under
this Contract:
A. Any member of the governing body of the Locality;
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.
13. EQUAL OPPORTUNITY: The Contractor agrees to abide by all Federal, State,
and/or local regulations relative to equal opportunity to all persons, without
discrimination as to race, color, handicap, sex, familial status, age, political, or
religious opinions, affiliations or national origin and status with regard to public
assistance. On agreements of$10,000 or more, the Contractor agrees to abide by the
following provisions of Executive Order 11246, and agrees to incorporate such
language in all contracts for $10,000 or more which he/she may enter into in
connection with this Contract.
During the course of this contract, the Contractor agrees as follows:
A. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, sex or origin. The Contractor will take
affirmative action to ensure that applicants and/or employees are employed or
treated during employment without regard to their race, color, creed, religion,
national origin, sex, marital status, age, and status with regard to public
assistance or disability. On Agreements of $10,000 or more, the Contractor
agrees to abide by the following provisions of Executive Order 11246, and
agrees to incorporate such language in all contracts for $10,000 or more which
he/she may enter into in connection with this Contract. Such action shall
include but not be limited to, the following: employment, upgrading, demotion
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or transfer; recruitment or recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
locality setting forth the provisions of this nondiscrimination clause.
B. The Contractor will, in all solicitations or advertisements for employees placed
by or on behalf of the Contractor, state that all qualified applicants will receive
consideration for employment without regard to their race, color, religion, sex
or national origin.
C. The Contractor will send to each labor union or representative of workers with
which he/she has a collective bargaining agreement or other contract or
understanding, a notice, to be provided, advising the said labor union or
worker's representative of the Contractor's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
D. The contractor will comply with all provisions of Executive Order 11246 of
September 24,1965, (or as may be amended) and of the rules, regulations, and
relevant orders of the U. S. Secretary of Labor.
E. The Contractor will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, (or as may be amended) and by the rules,
regulations and orders of the Secretary of Labor and/or the U.S. Secretary of
Housing and Urban Development and will permit access to his/her books,
records, and accounts by the Secretary of Housing and Urban Development, or
his/her designees, and the Secretary of Labor,.or his/her designees, for purposes
of investigation to ascertain compliance with such rules, regulations, and orders.
F. In the event of the Contractor's noncompliance with the nondiscrimination
clauses of this Contract, or with any of the said rules, regulations, or orders, this
Contract may be cancelled, terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further Government contracts or
Federally-assisted construction contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965; and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order 11246, or by rules, regulations or orders of the Secretary of Labor, or as
otherwise provided by law.
G. The Contractor will include the portion of the sentence immediately preceding
paragraph (A) and the provisions of paragraphs (A) through (G) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order
11246, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or
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purchase order which the property owner or the Secretary of Housing and Urban
Development may direct as a means of enforcing such provisions, including
sanctions for noncompliance: Provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation by a
subcontractor or vendor as a result of such direction by the property owner or
the Secretary of Housing and Urban Development, the Contractor may request
the United States to enter into such litigation to protect the interest of the
Secretary of Housing and Urban Development of the United States.
14. TRAINING, EMPLOYMENT, AND BUSINESS OPPORTUNITIES: The Contractor
agrees to abide by the following provisions and to include them in any subcontract
into which the Contractor enters in performance of the Contract.
A. The work to be performed under this Contract is on a project assisted under a
program providing direct Federal financial assistance from the Department of
Housing and Urban Development and is subject to the requirements of Section 3
of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C.
1701u. Section 13 requires that to the greatest extent feasible, opportunities for
training and employment be given lower income residents of the project area(s)
and contracts for work in connection with the project be awarded to business
concerns which are located in, or owned in substantial part by persons residing
in the area of the project.
B. The parties to this contract will comply with the provisions of said Section 3
and the regulations issued pursuant thereto by the Secretary of Housing and
Urban Development as set forth in 24 CFR Part 135, and all applicable rules and
orders of the Department issued thereunder prior to the execution of this
Contract. The parties to this Contract certify and agree that they are under no
contractual or other disability which would prevent them from complying with
these requirements.
C. The Contractor will send to each labor organization or representative of workers
with which he/she has a collective bargaining agreement or other contract or
understanding, if any, a notice advising the said labor organization or worker's
representative of his/her commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment and/or training.
D. The Contractor will include this Section 3 clause in every subcontract for work
in connection with the project and will, at the direction of the applicant for, or
recipient of, Federal financial assistance take appropriate action pursuant to the
subcontract upon a finding that the subcontractor is in violation of regulations
issued by the Secretary of Housing and Urban Development, 24 CFR Part 135.
The Contractor will not subcontract with any subcontractor where he/she has
notice or knowledge that the latter has been found in violations of regulations
under 24 CFR Part 135, and will not let any subcontract unless the
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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.
15. MISCELLANEOUS PROVISIONS: The Contractor and Owner agree as follows:
A. That the Owner shall permit the Contractor to use, at no cost, existing utilities
such as light, heat, power, and water necessary to the carrying out and
completion of the work.
B. The parties agree that the reference to "days" in this Contract shall mean
consecutive calendar days; provided, however, that in the event the last
consecutive day of the term shall be on a Sunday or legal holiday, the term shall
then terminate on the next regular day.
C. The parties agree that materials and equipment that have been removed and
replaced as part of the work shall belong to the Contractor.
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
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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.
G. Neither resident, nor any member of the resident's household nor a guest nor
other person under the resident's control shall engage in any criminal activity,
including drug related activity, and the unlawful discharge of firearms. While
subject to the rehabilitation contract, all firearms shall remain concealed in areas
other than the work space and the use, visibility, the manufacture, or selling of
any drug other than prescriptive shall not be apparent prior to or during the
presence of any assigned contractors on the project. Presence of such activity
creates a liability to the contractor and City staff assigned and may constitute an
immediate cancellation of the project. All funds expended may be due and
payable to the City of Omaha as a result of the cancellation.
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.
Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016
- 13 -
AFFIDAVIT FOR EMPLOYEE CLASSIFICATION ACT
STATE OF NEBRASKA )
) §
COUNTY OF DOUGLAS )
I, n Lr Yca ,/`1.((- /L , being first duly sworn under oath,state and
depose as follows:
1. I am competent to testify to, and have personal knowledge of;the matters stated in this
affidavit.
2. I am(a contractor)(the authorized agent of the contractor C/K'i i k.c qrJ;, ��1y ,= i,c r' IA --
). I attest to the following: (a) each individual performing services for such contractor is properly
classified under the Nebraska Employee Classification Act, 2010 LB 563 ("the Act"), (b) such contractor has
completed a federal I-9 immigration form and has such form on file for each employee performing services, (c)such
contractor has complied with Neb. Rev. Stat. section 4-114 (federal immigration verification system), (d) such
contractor has no reasonable basis to believe that any individual performing services for such contractor is an
undocumented worker, and (e)as of the time of the contract,such contractor is not barred from contracting with the
state or any political subdivision pursuant to the Act.
FURTHER AFFIANT SAYETH NAUGHT.
�Affiant
54-
SUBSCRIBED AND SWORN TO before me this 04/ day of 6 Pr f ,20 /.L,
7
�- -4----,41,t- '22/- ,,;(i_.-1.1r.:.,...-,------
otPublic
GENERAL NOTARY-State of Nebraska
JOYCE M.STEVENS
-:_.�'Al— My Comm.Exp.July 29,2018
lei•
RupiiFFiail°v Approved 6/1/10
pMAHA,Ne
4 ti, 8'°� Planning Department
Siltit{�'r_� �° Inspector: Michael Lesser Omaha/Douglas Civic Center
T`fdcn= 3 P g
t. n1819 Farnam Street,Suite 1100
Ar. ,n �f � Date: March 30, 2016
p �� ;.; ^ , Omaha,Nebraska 68183
� " (402)444-5150
'TED FEBR�� Sara & Jos Telefax(402)444-6140
e Ortega
City of Omaha James R.Thele
Jean Stothert,Mayor 2331 S 24thSt. Director
Omaha, NE 68108
OMAHA LEAD HAZARD CONTROL PROGRAM
The Contract bid document consist of the following sections:
• General Responsibilities for the Contractor and Owner/Occupant.
• Lead Hazard Control Plan—Scope of Work, Abatement and Interim Control of Lead Hazards.
• Material Specifications
• Property Owner Signature
The Contractor Shall:
➢ Contractor and all subcontractor(s) shall complete and submit a"Citizenship Attestation"/"Employee
Classification"form to the Planning Department. per State requirements, at time of contract.
Contractor and all subcontractor(s) shall complete and submit"Responsible Contractor Compliance"--"RC-1"
form to the Planning Department with their bid(s), per City Ordinance fi 39284 or bid(s)will be rejected.
➢ Comply with HUD's Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing(2012
Edition)while performing all construction related duties.
Comply with the EPA RRP Rule(April 22, 2010)while performing all construction related duties.
> Comply with Standards called for in the"Construction and Rehabilitation Specifications, Housing and
Community Development Division, City of Omaha,Nebraska". (An electronic copy is provided to contractors
via contractor informational disc.)
Contractor is responsible for securing all required Building permits required by the City of Omaha
> Submit information data sheets or samples for all substitutions or approved equals prior to written approval of
the Construction Specialist.
Comply with the State of Nebraska Health and Human Services Regulation and Licensure, Title 178 Chapter 23
Lead Base paint regulations.
➢ Retain all insurance & qualification certificates during the tenure of the project.
Coordinate a daily construction schedule and "Occupant Protection Plan"with the occupant. (HUD 2012
Guidelines Ch. 8 II D)
Submit copies of the Occupant Protection Plan, all applicable permits, State notifications and the EPA signature
sheet from the "Renovate Right"packet to the construction specialist prior to beginning any site-work.
> Pre-clean as necessary. (HUD 2012 Guidelines Ch. 8 II E)
Large furniture left in containment areas must be wrapped with plastic with the joints sealed.
> Repair or replace all items damaged, disturbed or removed during construction.
> At all times, keep the work-site and surrounding area(s)free from accumulations of waste materials or rubbish
caused by the work. Waste to be disposed of in a"contractor supplied" waste container(s).
> Upon daily completion of work, clean up all rubbish, excess material, equipment, and all substrates connected
with the work, and leave work areas in a neat, sanitary, lead safe and presentable condition.
Page lofg
i'Initials:
--
2331 S 24th St continued
The Contractor Shall: (continued)
-> Submit a detailed itemization of billing when invoicing, a post abatement report(per State regulations) and a
Renovator Record-Keeping check list upon completion of the project, final inspection approval documentation
from City of Omaha Building Inspector if applicable.
> Finish per specification all newly installed components.
> Perform work related duties between the hours of 8 A.M. and 5 P.M. weekdays (other hours upon approval of
owner/occupant&construction specialist).
> Complete this project within 60 calendar days from the proceed order.
The Owner/Occupant Shall:
> Remove, store away, clean and(reinstall if desired) all affected window coverings.
> Remove and store away pictures, lamps, knick-knacks, valuables, etc.
> Remove and store away any and all electronic devices in the work area to include air conditioners.
> Move all furniture in the work area.
> Provide a clean, uncluttered dwelling to work in.
> Ensure that all household members and pets stay at least(10)ten feet away from all work areas while work is
being done.
> Provide access to property to complete work related duties between 8 A.M. and 5 P.M. on weekdays.
> Provide all reasonable utilities during the construction period.
> Issue any and all instructions for the contractor through the Construction Specialist.
> Allow final clearance testing upon substantial completion of work. All household members and pets must
be out of the dwelling at 8:00 AM on the day of clearance testing and remain away until the testing is
complete. (Usually 2:30 PM).
> Remove volunteer trees and vegetation from the drip line of the roof, and cut back shrubs and bushes at least
two feet from the house.
Lead Hazard Control Plan - Scope of Work
1.0 Abatement of Lead Hazard(s)
1.1 Window Treatment
a) Install One(1)vinyl slider window at location#1 . (See site map)
b) Install One(1)vinyl slider window at location#4. (See site map)
c) Install One(1)vinyl slider window at location# 5. (See site map)
d) Install One(1)vinyl EGRESS casement window at location#6. (See site map & 1.1 notes)**
e) Install Two (2) Single-hung vinyl window at location#22. (See site map)
f) Install Three(3) Single-hung vinyl window at location# 26. (See site map)
g) Install Three(3) Single-hung vinyl window at location#27. (See site map)•
h) Install Three(3) Single-hung vinyl window at location# 28. (See site map)
i) Install Three(3) Single-hung vinyl window at location#29. (See site map)
Page 2 of 5
Initials:
2331 S 24th St continued
1.2 Door/Cabinet Treatment
a) Stairs Down C wall Door—Remove and dispose of existing door stop, remove all coatings from existing jamb
and door edges and provide& install new door stop. Prepare, repair& paint all door components. Re-install
door. (See 3.2 specification)
b) Living Room A wall Door—Remove and dispose of existing door stop, remove all coatings from existing jamb
and threshold and provide& install new door stop. Prepare, repair&paint all door components. Re-install
door. Install new weather-stripping around door and sill if required. (See 3.2 specification)
c) Rear Entry C wall Door—Remove and dispose of existing door stop, remove all coatings from existing jamb
and Threshold and provide & install new door stop. Prepare, repair&paint all door components. Re-install
door. Install new weather-stripping around door and sill if required. (See 3.2 specification)
d) Rear Entry D wall Door—Remove and dispose of existing door stop, remove all coatings from existing jamb
and door edges and provide & install new door stop. Prepare, repair&paint all door components. Re-install
door. (See 3.2 specification)
e) Kitchen C Wall Cabinets—Remove and dispose of existing cabinets and countertop on the C Wall. Install
new Cabinets and Countertop per the attached plan. Add filler pieces as needed for proper fit. Install bead board
backsplash panels between upper and lower cabinets. Install Crown Molding at the top to fill in the top of the
cabinets and ceiling. Install owner provided sink and faucet in the center of the countertop. Repair and paint
areas around work area as necessary.
Notes for section 1.1
1. All newly applied paints/stains shall match existing interior and exterior location.
2. **Location #6 shall be installed to meet egress. Include all components to meet this qualification.Repair
interior finishes as needed.
3. Remove existing windows including sashes, necessary stops, window weights and storm windows at the
locations of new window installations and dispose of them properly. Replace stops as required.
4. Insulate weight cavities and around replacement windows with batt or spray foam insulation.
5. Finish/paint all removed/replaced (caulked)and newly installed material(s)to match existing.
6. HEPA vacuum, clean, and/or seal all window troughs and sill surfaces to achieve clearance.
7. Window replacement shall be performed from the exterior side.
8. If bedroom windows do not meet current egress codes,then at one window location:
a) New window cannot reduce the size of the opening.
b) Note: This new window installation will not meet current egress codes but will not decrease the
opening size,which is allowable per City of Omaha Building Code.
2.0 Interim Control of Lead Hazard(s)
2.1 Window treatment
a) Prepare, repair and paint all new and stabilize all previously painted interior surfaces at location # 1, #2. (See
site map)
b) Prepare, repair and paint all new and stabilize all previously painted interior surfaces at location #4. (See site
map)
c) Prepare, repair and paint all new and stabilize all previously painted interior surfaces at location# 5. (See site
map)
d) Prepare, repair and paint all new and stabilize all previously painted interior surfaces at location# 17, 18, 19
SILLS. (See site map)
Page3of5 `�
Initials:
may/
2331 S 24th St continued
2.2 Door/Stair treatment
a) Rear Entry-Prepare,repair&paint/stabilize all previously painted wood surfaces at B Wall(door/trim). (See
map)
b) Rear Entry-Prepare, repair&paint/stabilize all previously painted wood surfaces at Stringers. (See map)
2.3 Wall/Ceiling Treatment
a) Stair Down I Prepare, repair& paint/stabilize all plaster surfaces at B&C walls. (See map)
b) Bedroom#1 -Prepare, repair&paint/stabilize all plaster surfaces at Closet Walls. (See map)
c) Dining Room-Prepare, repair&paint/stabilize all plaster surfaces at Upper Walls and Chair Rail. (See map)
d) Bathroom #1 -Prepare, repair&paint/stabilize all plaster surfaces at Walls, Ceiling, and Chair Rail. (See
map)
e) Hallway-Prepare, repair&paint/stabilize all plaster surfaces at Walls, Ceiling and Wall Trim. (See map)
f) Rear Entry-Prepare, repair&paint/stabilize all plaster surfaces at Walls, Ceiling & Trim. (See map)
g) Kitchen -Prepare, repair& paint/stabilize all plaster surfaces at Walls & Ceiling. (See map)
2.4 Trim Treatment
a) Bedroom#3 -Prepare, repair& paint/stabilize all wood surfaces of the D Wall Shelf. (See map)
b) Basement-Prepare, repair&paint/stabilize all wood surfaces of the B Wall Shelves. (See map)
c) Laundry Room Closet-Prepare, repair&paint/stabilize all wood surfaces of the Beams & Ceiling. (See
map)
d) Laundry Room -Prepare, repair&paint/stabilize all wood surfaces of the C Wall Cabinet Doors & Casing.
(See map)
2.5 Exterior Treatment
a) House—Repair, prepare &paint/stabilize all wood surfaces. Colors to be determined by owner(body&
trim). (See map)
b) Front porch—Repair, prepare &paint/stabilize all painted wood surfaces. (See map)
c) Garage-—Repair, prepare&paint/stabilize all wood surfaces.
2.6 Soil Treatment
a) A, C &D side Drip-zone—Remove all existing mulch/debris. Install landscape fabric and mulch. (See map&
material specification 3.4)
General Notes
1. The term "Repair" used in this scope shall apply to all (bttt not limited to)deteriorated, rotted,damaged,
broken and/or missing substrates and associated components. These areas shall be repaired and finished
to bring the substrate into a"stable and presentable" condition. This shall also apply to addressing all
friction surfaces by planeing,HEPA sanding or adjusting components.
Page 4 of 5 OftiInitials:
2331 S 24th St continued
3.0 Materials Specifications
3.1 Windows
• Vinyl—Silverline by Anderson, white color, or approved equal. •
• All windows are to be Low E; Argon filled and insulated glass that meets energy star requirements.
• Bathroom glass to be opaque.
• All windows shall be caulked to create a weather-tight seal.
• See the "Rehabilitation Specifications for All Omaha Planning Department Remodel Projects"
3.2 Doors/Cabinets
• Kitchen Cabinets will be Kitchen Kompact brand from Menards. Color to be Glenwood. See attached cabinet
layout for sizes and Menard's SKU#'s.
• Laminate Counter top will be similar to CustomCraft Counter tops from Menards. SKU: 4852344. Color to be
chosen by owner.
• Beadboard Backsplash will be similar to Menards SKU:5012999. Trim edges as needed.
• See the "Rehabilitation Specifications for All Omaha Planning Department Remodel Projects"
3.5 Soil/Mulch
• Landscape fabric shall be water permeable.
• Bark mulch shall be tree bark from pine,hemlock or equivalent,aged a minimum of 6 months and no more
than 18 months. The bark shall be shredded so that the resulting pieces are no more than 1/4"thick and no
longer than 2". The mulch shall be free of stringy material and shall not contain an excess of fine particles.
The mulch shall be deep brown in color, free of leaves,twigs, sod,weeds, shavings, and other foreign materials
injurious to healthy plant growth. Mulch shall be installed to a settled depth of at least 3 inches.
• See the"Rehabilitation Specifications for All Omaha Planning Department Remodel Projects"
•
4 I Signat es (Owner/Occupant)
0,
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P ••-' Owner Date Property Owner Date
Witness Date
Occupant(if applicable) Date Occupant(if applicable Date
Witness Date
Page 5 of 5
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City of Omaha, Housing and Community Development Division
COST ESTIMATE & CERTIFICATION:
Target Area Exterior Project ❑ Special Needs ❑ Barrier Removal
Redevelopment Area: OLBPHCP
Address: 2331 S 24th St.
Owner(s): Sara & Jose Ortega
The estimated cost for the above project is as follows:
Preliminary Revised
Date of Cost Estimate
General Construction Cost $18,995 $0
Overhead and Profit (15%) $2,849 $0
Building permit $100
State $200 $0
Total Construction Cost Estimate $22,144 $0
The source for the estimate data is the current addition of Repair & Remodeling Cost Data by
R. S. Means, recent competitive bid pricing for similar work and product and material research.
The Rehabilitation Division has reviewed the project cost estimate, work write-up or plans and
specifications. In our opinion the project cost estimate is accurate.
This estimate is for the use of the City of Omaha, Housing and Community Development Division,
Rehabilitation Section only. The actual cost may vary.
Signed, Construction Specialist7. S'--�— Date 1{/6�1‘
Initial Inspection Date: 3/2//C Work Write-up Date: i/A3/66
Approved, Program Director L�0,^-J e Date 7// ((
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Omaha Lead Hazard Control Program, City of Omaha, Housing and Community
Development Bid Evaluation Sheet
Open House Date/Time:4/13/2016,1:00 PM Project Owner: Sara&Jose Ortega
Project Address: 2331 S 24th St
Bid Opening Date/Time:4/20/2016,3:00 PM Funding Source: Block Grant L H C X Other
Bid 't Invoice
CHEREK'S
1.0 Abatement of Lead Hazards t Change orders* %Complete CITY
HOME REPAIR r,
-1:1 Window.Treatment w
a Install One(1)vinyl slider windows at location#1. $800 $0 0% $600
b Install One(1)vinyl slider windows at location#4. j $0 0% $350
Y $4001::�
c Install One(1)vinyl slider windows at location#5. $400 cl,i $0 0% $350
;a
d Install One(1)vinyl EGRESS windows at location#6. $2,700 ;' $0 0% $1,500
e Install Two(2)vinyl windows at location#22. $900i1 $0 0% $900
f Install Three(3)windows at location#26. $1,350 7i,{ $0 0% $1,350
g Install Three(3)windows at location#27. $1,350 $0 0% $1,350
h Install Three(3)windows at location#28. $1,350 'p $0 0% $1,350
i Install Three(3)windows at location#29. $1,350 r $0 0% $1,350
12Door/Cabinet Treatment; "
a Stairs Down C Wall Door $200:`r,1 $0 0% $100
b Living Room A Wall Door $200:', $0 0% $150
c Rear Entry C Wall Door $200'ilit $0 0% $150
d Rear Entry D Wall Door $200 $0 0% $100
e Kitchen C Wall Cabinets $0 0% $2,000
I,,
Total for Abatement: $14,900 ; $0 $11,600
4
2.0 Interim Control of Lead Hazards Change orders* I %Complete I Totals
'2.1 Wmdow:T..eatment
'
a Prepare and finish at location 1,#2. $150
# ? $0 0% $60
b Prepare and finish at location#4. $75 ;' $0 0% $30
c Prepare and finish at location#5. $75 Z'.4 $0 0% $30
',
=
d Prepare and finish SILLS at location#17,18,19. $225 ! $0 0% $100
2.2ipoor/Stairs Treatment •;- 7i
a Rear Entry B Wall Door $75 •Y7 $0 0% $100
b Rear Entry Stringers $125K $0 0% $100
2:3,WaIl/Ceiling Treatment -
a Stair Down B&C Walls $150 $0 0% $100
b Bedroom#1 Closet Walls $200„ $0 0% $200
c Dining Room Upper Walls&Chair Rail $300'~'' $0 0% $300
d Bathroom#1 Walls,Ceiling&Chari Rail `:"$225:'- $0 0% $300
e HallwayWalls,Ceiling&Wall Trim {`'`�
$225 'l $0 0% $200
f Rear Entry Walls,Ceiling&Trim $225 `i $0 0% $500
g Kitchen Walls&Ceiling $300 $0 0% $400
2.4 Trim Treatment. r; •'
a Bedroom#3 D Wall Shelf $75 ,, $0 0% $50
b Basement B Wall Shelves $100 .,`i $0 0% $100
c Laundry Room Closet Beams&Ceiling $125 ', $0 0% $100
d Laundry Room C Wall Cabinet Doors&Casing $125
ti $0 0% $75
=2:5 Exterior i"
a House Paint $3,200 $0 0% $3,500
b Front Porch Paint $400 . $0 0% $400
c Garage Paint $600', $0 0% $500
2.6 Soil Treatment
,
a A&D Drip Zone Soil 1 $600 ?7 $01 0%1 $500
Total for Interim control: $7,575i`;"j $0 $7,645
Sub Totala $22,4751.'`. Sub Total: $19,245
Overhead&profit $3,596=,`:, Overhead&profit $2,887
Building permit fees: $150:'.`, Building permit fees: $100
State fees: $200 State fees: $200
Total for Abatement&Interim control(Total Bid): $26,421 ;'• Re-inspection fee** $0
Total for Abatement&Interim control(Total Invoiced $22,432
The undersigned has evaluated the bids and proposed construction costs and hereby certifies that the costs are reasonable.
"--Y
/7
Construction Specialist Date: l2//(6
Program Director Date: /7/(1
/
Owner's Acceptance Form
I have reviewed all of the bids submitted for the
rehabilitation of my property located at:
2331 South 24th Street
My Contractor of choice is:
Cherek's Home Repair, LLC
ner
O ner
Date
Appendix A (of Tier I RER)
(For FY 2015 OLHCHH Grantees)
PaZMEN7 0
NQ N
IJ�I
°L 111111111
944N DEsis,9
Before an activity is approved,this Appendix A review must be successfully completed and kept in file for each residential
structure proposed for acquisition/rehabilitation/disposition.The Appendix A may be used only in conjunction with a currently
valid RER(Rehabilitation Environmental Review)for the target area. Completion of the Appendix A does not require the
submission of an additional RROF/C(Request for Release of Funds/Certification-HUD 7015.15)if the Responsible Entity has
received Authority to Use Grant Funds(HUD 7015.16)for the project. This worksheet includes documentation of compliance
with the relevant related laws/authorities listed at§58.6.
Grant(s) Names)/Number(s): NELHD0278-15
Project(Building/Unit)Address: 2331 South 24th Street(ERR 2016-055)
Part III HISTORIC PRESERVATION (NHPA, Section 106)
1. Does this undertaking involve only those activities permitted without further consultation under a currently-valid
programmatic agreement or Letter of Understanding among the responsible entity, the State Historic
Preservation Officer(SHPO)or Tribal Historic Preservation Officer(THPO) and/or the Advisory Council on Historic
Preservation (ACHP)?
( )Yes (X) No .
If yes, note date of programmatic agreement or Letter of Understanding-January/23/2013, document
implementation of the terms of the agreement and STOP here; the Section 106 Historic Preservation review is
complete. If no, PROCEED.
2. Does the undertaking involve only acquisition and/or minor rehabilitation of a 1-4 unit residential structure(or
individual unit(s)within a multifamily structure)that is less than 50 years old and will involve only interior
rehabilitation with no visible changes to the exterior of the structure?
( )Yes ( X ) No
If Yes, record date of building construction , age:_years and document that scope of work is limited to
minor interior rehabilitation and STOP here. The Section 106 Historic Preservation review is complete. If No,
PROCEED.
3. If the proposed rehabilitation involves physical work with potential to affect any historic structure, determine -in
consultation with the appropriate SHPO/THPO-whether the building is listed or eligible for inclusion in the
National Register of Historic Places (NR). (*If the structure is located in a National Register Historic District, the
area of effects includes not only the subject property, but the Historic District as a whole.)
Is the building listed in or eligible for listing in the NR? ( )Yes ( X ) No
If No, attach SHPO/THPO concurrence or other evidence of conclusion and STOP here. This part is complete
pursuant to 36 CFR§800.4(d). If Yes, PROCEED.
4. Determine whether historic properties are affected per§800.4(d). Has SHPO/THPO concurred with your fully
documented determination of"no historic properties affected", or failed to object within 30 days of receipt of such
determination, allowing sufficient time for mail delivery?
( )Yes. Enclose documentation and stop here. Section 106 review is complete.
( ) No. Proceed.
5. Determine whether the undertaking will have adverse effects on historic properties according to§ 800.5, in
consultation with the SHPO/THPO and consulting parties [see§800.2(c)].
Will this undertaking have adverse effect(s)on historic properties? ( )Yes( )No
If"no", attach SHPO/THPO concurrence and STOP here. This part is complete per 36 CFR§800.5(d)(1).
If"yes", PROCEED.
6. Resolve Adverse Effects per§800.6-in consultation with the SHPO/THPO, the Advisory Council on Historic
Preservation (ACHP) if participating, and any consulting parties. The loan or grant may not be approved until
adverse effects are resolved according to§800.6 or ACHP comment is considered by the Responsible Entity.
NOTES: 1.A determination/consultation of eligibility for the NR, may be sent to SHPO/THPO concurrently with the
determination of effect/no effect and with the determination of adverse/no adverse effects. 2. The Chief Executive
Officer of the jurisdiction cannot delegate to another person the decision to approve a project in opposition to
Advisory Council comment.
•
Part IV Airport Clear Zones (24CFR51 D)
1. Does this proposal involve the purchase or sale of property? ( )Yes ( X )No
If no, STOP here. This project complies with 24 CFR Subpart D §51.300. If yes, PROCEED.
2. Is the subject property located in the Clear Zone (CZ),Approach Protection Zone, or in the Runway Clear Zone
(RCZ) of a commercial civil airport or military airfield?
( ) No Source Documentation:
If no, stop here; this project complies with 24 CFR 51Subpart D§51.300. If yes, PROCEED.
( )Yes. Provide an airport disclosure statement advising the buyer that the property is in a RCZ or CZ, what the
implications of such a location are and that there is a possibility that the property may, at a later date, be acquired
by the airport operator. Obtain the buyer's signature acknowledging receipt of this information and attach it to.this
Appendix. (This disclosure requirement does not apply to Accident Potential Zones).AND PROCEED.
3. Does the rehabilitation significantly prolong the physical or economic life of the building?
( ) No; the activity complies with HUD policy at 24 CFR 51 Subpart D§51.303.
( )Yes; the proposal is not in compliance with HUD policy at 24 CFR 51 Subpart D§51.303; deny HUD
assistance for this activity.
Part V Explosive & Flammable Operations (24CFR51 C)
1.Will this proposed acquisition/rehabilitation project result in increased residential density or cause a vacant
building to become physically or legally habitable?
( )Yes (X) No.
If the answer to both parts of the question is No, STOP HERE; this proposal complies with 24 CFR§51.201.
If the answer to any part of the question is"yes", PROCEED.
2. Is this proposed project within 1 mile of any visible, explosive-or-flammable-substance container(a stationary,
above-ground tank with a capacity of more than 100 gallons)? •
( )Yes ( ) No (See 24 CFR 51C, Appendices I and II).
Field inspection by: Date:
If No, STOP here. This part is complete. If yes, PROCEED.
3. Note Tank volume: gallons, or diked area around tank: square feet.
Record distance from the project to the flammable/explosives container: feet.
4.According to HUD Guidebook"Siting of HUD-Assisted Projects Near Hazardous Facilities"
(HUD-1060-CPD), the Acceptable Separation Distance (ASD)for thermal radiation (Appendix F) is ft. and
the ASD for blast overpressure(Appendix G) is ft. The greater ASD is ft.
Is the project located beyond the ASD according to Appendices F and G?
( )Yes, STOP; the project complies with 24 CFR 51 C. ( )No, Deny HUD assistance, or
( )APPROVE ONLY if the following shielding/mitigation measures-designed in compliance with 24 CFR
§51.205-are carried out:
Part VI Toxic/Hazardous/Radioactive Materials policy (24 CFR 58.5(i)(2)
1. Field Observations of the property(exterior/interior):
Lead-based paint hazards were identified.at this site.
2.Are there visible dumps, landfills, industrial sites or other locations containing or releasing toxic/hazardous/
radioactive/materials, chemicals or hazardous wastes on or near the subject site? ( ) No, proceed (X)Yes,
describe and proceed
The target property is located adiacent to an industrial and commercial corridor to the west and to the north. There
are approximately seven sites within 1,000 feet of the target property that have records on file with the Nebraska
Department of Environmental Quality. These sites include Associated Fire Protection at 2316 South 24th Street,
Brand Hydraulics Co., at 2332 South 25th Street, DJ Enterprises at 2417 South 3rd Plaza, Bucky's Express 024 at
2223 South 24th Street, MUD Regulator Building 02 at 2102 Martha Street, and Allied Construction Specialty at
2200 South 24th Street and Allied Oil and Supply, Inc., at 2209 South 24th Street. Based on records obtained from
the NDEQ, it does not appear that any of these sites pose an immediate risk to the health and safety of the target
property.
3. Does this project site contain an underground storage tank(which is not a residential fuel tank)?
( X ) No, proceed. ( )Yes, describe and proceed
4. Search Federal, State or local environmental toxic sites records (e.g.
http://nepassisttool.epa.qov/nepassist/entrv.aspx). Do these sources reveal nearby sites that may pose threats to
the subject site occupants' health or safety?
( )No; cite databases and proceed. (X)Yes; cite databases, describe and proceed.
The site is located in the Final Focus Area of the Omaha Lead Superfund Site. The soil in the yard was tested for
high lead concentrations in 1999. Soil clean-up was not required.
5. Determination. Are the neighborhood and property free of hazardous materials, contamination, toxic chemicals
(including lead-based paint), gasses and radioactive substances which would affect the health or safety of
occupants?
( ) Yes, according to toxic site database research, field observations and/or testing
( X ) No, the following toxic or hazardous conditions must be mitigated during implementation:
As part of the scope of work for this projects, radon levels will be tested in the home. A radon mitigation system will
be installed if radon levels exceed 4 picoCuries/Liter.
( ) No, hazardous exposure or risk will not be mitigated; Deny HUD Assistance for this activity.
PART VII Flood Insurance/Flood Disaster Protection Act F24CFR58.6(a)1
(The Flood Disaster Protection Act mandates the purchase of flood insurance for buildings located in SFHA's as a
condition of approval for federal financial assistance. Flood insurance protection is mandatory for acquisition,
construction, reconstruction, repair and improvement activities. Responsible Entities approving such Federally
assisted activities located in SFHA's must ensure that flood insurance is maintained for the statutorily-prescribed
period and dollar amount. In the case of grants, flood insurance must be maintained for the life of the building. In
the case of loans, flood insurance must be maintained for the term of the loan. A copy of the flood insurance Policy
Declaration must be maintained in the ERR. The amount of flood insurance coverage must be at least equal to the
total project cost(less the estimated land cost)or to.the maximum limit of coverage made available by the NFIP).
1. Does the project involve the acquisition or rehabilitation of structures, buildings or mobile homes?
( ) No; flood insurance is not required. Stop; compliance is established.
( X )Yes; proceed.
2. Is the structure or part of the structure located in a FEMA designated Special Flood Hazard Area?
( X ) No. Source Document(FEMA/FIRM floodplain zone designation, panel number, date): FEMA Map Number
31055C0352H (Stop; compliance is established).
( )Yes. Source Document(FEMA/FIRM floodplain zone designation, panel number, date): •
(Proceed).
3. Is the community participating in the National Insurance Program (or has less than one year passed since FEMA
notification of Special Flood Hazards)?
( )Yes-Flood Insurance under the National Flood Insurance Program must be obtained and maintained for the
economic life of the activity to cover the total activity cost. A copy of the flood insurance policy declaration must be
kept in the Environmental Review Record.
( ) No, HUD assistance may not be provided for this property in the Special Flood Hazards Area.
Coastal Barriers Resources Act [24CFR58.6( c)1
1. Is the project located in a coastal barrier resource area? (See http:l/www.fws.gov/cbra/).
( X ) No; Cite Source Documentation: There are no coastal zones in Nebraska. See the link provided above.
(This element is completed).
( )Yes-Federal assistance may not be used in such an area.
AIRPORT RUNWAY CLEAR ZONES AND CLEAR ZONES DISCLOSURES 24CFR58.6(d) (SEE Part V above)
Noise
There are two road noise sources with traffic count information located within 1,000 feet of the target property. They are
Martha and South 24th Streets.
There is a railroad noise source located within 3,000 feet of the target property.
There are several airport runways within 15 miles of the target property,but no noise elevation data is available for the
OLHCHH2 Tom,nni
target property. It is assumed that airport noise sources do not significantly contribute to the noise levels at the target
property.
There are no loud or impulsive noise sources near the target property. It is assumed that loud or impulsive noise sources do
not significantly contribute to the noise levels at the target property.
HUD's Day Night Noise Level calculator was used to determine the noise level at this site. The parameters used in the
calculation and the results are included on the attached print-out. The noise level is 69.5 decibels,which exceeds HUD's
Acceptable Noise Level range of 65 decibels or less.
HUD further requires a 10-year noise projection,when possible. MAPA predicts that traffic volumes will increase by 10%per
decade,and so the traffic counts were increased and the calculator was re-run. The noise level increased to 69.9 decibels.
Figure 19 from the Noise Guidebook was used to determine if the existing and proposed construction materials were
sufficient to reduce interior noise levels to less than 45 decibels. According to the attached calculation,the building will
reduce interior noise to below 45 decibels. Noise mitigation is not required for this project.
/i//,ems l i,/-27v/17 6 A. '6i1 _
Preparer Name and Title J Signature Date
Responsible Entity Official-Name and Title Signature D to
OLHCHH 4 FY 2015
Target Property
Lead Hazard Control Program
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SECTION 106 REVIEW REQUEST FORM
(January 2011)
PROPERTY OWNER: Sara& Jose Ortega
PROPERTY ADDRESS: 2331 S 24th St.
DATE BUILT: 1918
PROGRAM: OLHC
EST. REHAB COST(if applicable): $20,000.00
LEVEL OF ASSISTANCE (if applicable):
ASSESSED VALUE: $51,300.00
DESCRIPTION OF PROPOSED UNDERTAKING:
Replacement of foundation windows with vinyl windows. Paint the entire exterior of the
house and garage.
SUBMITTED BY: Michael Lesser
TURN-AROUND DATE: 4/18/2016
Not a Historic Structure
❑ Historic Structure
❑ Exempt Activity
Don Seten Date
HCD Preservation Officer
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4/4/2016 Douglas County Account Inform ation
• Douglas County, Nebraska Property Record - R0744830002
Print Report
Information is valid as of 2016-03-25 View Interactive GIS Map
Treasurer's Tax Report
New Feature + + Subdivision Sales Search
Owner
ORTEGA SARA
2331 S 24 ST
OMAHA NE 68108-0000
Property Information
Key Number: 4483 0002 07
Account Type: Residential
Parcel Number: 0744830002
Parcel Address: 2331 S 24 ST
OMAHA NE 68108-0000
Legal Description: CAMPBELLS ADD LOT 13 BLOCK 10 -EX W 2 FT- LOT 13 40X156
I Value Information
Land improvement Total
2016 $4,600.00 $46,700.00 $51,300.00
2015 $4,600.00 $46,700.00 $51,300.00
2014 $4,600.00 $46,700.00 $51,300.00
2013 $4,600.00 $46,700.00 $51,300.00
2012 $4,600.00 $46,700.00 $51,300.00
2011 $4,600.00 $46,700.00 $51,300.00
Sales Information
Sales Date: 1998-05-09
Deed Type: D Book: 2092 Page: 620
Price: $43,950.00
Grantor:
Grantee:
Valid/Invalid: Valid
Exclusion Reason: •
Show All Transactions
Land Information
Acres SF Units Depth Width - Vacant
0.14 6240.0 1.0 156.0 40.0 No
Improvement Information
htto://doualasconewaxtremecomfiava/wax doualasne/static/accountinfoiso?accountno=R0744830002 1/3
4/4/2016 Douglas County Account Information
A
1 I
' 'I Building 'I
} ,1 S f I _? v d0,d 074'` Detached Garage
0 ›r.� fix 4v.:eri 0e} ''`1 °5,`x'r�•r s t .
10 l��y��+ 't \ _• 2331 S 24 St 12.0'
s��fY;�a__��ti`` y s.- �- ,,,f-J \.,+ � '' 1.5 STORY UNFINISHED
g ,, "k`' � rl -a Sfi� 13smn1alock811002.0 sf
" v' t 11,N '` S p 5 40.0' 14.0'
'fie l l ; :1�` t f—Ii 1 1, - im2.0 si
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it 1 i �'. `v— --11 1 - 14 0
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;Endi Solid Wall i
�, '' "1 - '` 1" 168.0 sf I
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CLICK TO ENLARGE jimg.E J CLICK TO ENLARGE IMAGE
Square Footage: 1002.0 Percent Complete: 100.0%
Perimeter 10.0 Quality: Average
Unit Type: Condition: Fair
Built As: 1 1/2 Story Unfin Condo Square Footage: 0.0
HVAC: Central Air to Air Rooms: 5.0
Exterior: Frame Siding Units: 1.0
Interior: Drywall I Baths: 1.0
Roof Cover: Composition Shingle Bedrooms: 2.0
Roof Type: Gable Stories: 1.5
Floorcover: Allowance I Foundation: Block
Sprinkler Square Footage: 0.0
Year Built Year Percent Adjusted Year Physical Age
Remodeled Remodeled Built
1918 0 0% 1918 98
Detail Type Detail Description Units 1
Add On Canopy 24.0
Appliance Allowance 1.0
Basement Bsmnt Block 8 ft 1002.0
Fixture Additional Fixtures 1.0
Fixture Base Fixtures 1.0
Fixture Bath Full 1.0
Garage Detached 240.0
1 Porch Encl Solid Wall 168.0
htto//doualasconewaxtremecom/iiava/wax doualasnP/statir/arrnllntinfnicn?arVYHlntnn_Pmazt.F nnn9 on
4/4/2016 Douglas County Account Information
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•
•
http://douglascone.wgxtreme.com/jjava/wgx douglasne/static/accountinfojsp?accountno=R0744830002 3/3
•
Environmental Review Main (/programs/environmental-review/)
DNL Calculator
The Day/Night Noise Level Calculator is an electronic assessment tool that calculates the Day/Night
Noise Level (DNL)from roadway and railway traffic. For more information on using the
DNL calculator, view the Day/Night Noise Level Calculator Electronic Assessment Tool Overview
(https://onecpd.info/programs/environmental-review/daynight-noise-level-electronic-assessment-tool/).
Guidelines
• To display the Road and/or Rail DNL calculator(s), click on the "Add Road Source" and/or "Add
Rail Source" button(s) below.
• All Road and Rail input values must be positive non-decimal numbers.
• All Road and/or Rail DNL value(s) must be calculated separately before calculating the Site DNL.
• All checkboxes that apply must be checked for vehicles and trains in the tables' headers.
• Note #1: Tooltips, containing field specific information, have been added in this tool and may be
accessed by hovering over all the respective data fields (site identification, roadway and railway
assessment, DNL calculation results, roadway and railway input variables)with the mouse.
• Note #2: DNL Calculator assumes roadway data is always entered.
DNL Calculator
Site ID 12331 South 24th St
Record Date 104/11/2016
User's Name Lukash
Road # 1 Name: .'Martha Street
Road #1
Vehicle Type Cars O Medium Trucks 0 Heavy Trucks
Effective Distance 1305 1305 1305
Distance to Stop Sign I I I
Average Speed 130 130 130
Average Daily Trips (ADT) 111115 1148 1125
Night Fraction of ADT 115 115 115
Road Gradient (%)
Vehicle DNL 51.6 32.9 55.2
Calculate Road #1 DNL 56.8 Reset I
Road #2 Name: South 24th Street
Road #2
Vehicle Type Cars Medium Trucks 1i Heavy Trucks
Effective Distance J55 155 155
Distance to Stop Sign
Average Speed 135 J35 135
Average Daily Trips (ADT) 113163 1176 1149
Night Fraction of ADT 115 115
Road Gradient (%) 13
Vehicle DNL 64.9 46.1 66.2
Calculate Road #2 DNL 68.6 Reset I
Railroad #1 Track Identifier: IRR Track
Rail # 1
Train Type Electric D DieselZ
Effective Distance [669
Average Train Speed 150
Engines per Train 12
Railway cars per Train 160
Average Train Operations (ATO) J42
Night Fraction of ATO 50
Railway whistles or horns? Yes: No: -J Yes: ❑ No: ❑.
Bolted Tracks? Yes: i No: Yes: ❑ No: 0
Train DNL 60.9
Calculate Rail #1 DNL I 60.9 Reset
Add Road Source Add Rail Source
Airport Noise Level
Loud Impulse Sounds? ()Yes ®No
•
Combined DNL for all
Road and Rail sources
69.5
Combined DNL including Airport N/A
Site DNL with Loud Impulse Sound
Calculate
Mitigation Options
If your site DNL is in Excess of 65 decibels, your options are:
• No Action Alternative: Cancel the project at this location
• Other Reasonable Alternatives: Choose an alternate site
• Mitigation
G Contact your Field or Regional Environmental Officer
(https://www.onecpd.info/programs/environmental-review/hud-environmental-staff-contacts/)
o Increase mitigation in the building walls (only effective if no outdoor, noise sensitive areas)
o Reconfigure the site plan to increase the distance between the noise source and noise-
sensitive uses
o Incorporate natural or man-made barriers. See The Noise Guidebook
(https://www.onecpd.info/resource/313/hud-noise-guidebook/)
a Construct noise barrier. See the Barrier Performance Module
(https://onecpd.info/programs/environmental-review/bpm-calculator/)
Tools and Guidance
Day/Night Noise Level Assessment Tool User Guide (https://www.onecpd.info/resource/3822/day-night-
noise-level-assessment-tool-user-guide/)
Day/Night Noise Level Assessment Tool Flowcharts (https://www.onecpd.info/resource/3823/day-night-
noise-level-assessment-tool-flowcharts/)
Figure 19
Description of Noise Attenuation Measures
(Accoustical Construction)
Part I
Project Name
Location 2331 South 24th Street
Sponsor/Developer
Noise Level 69.5 Attenuation Require 24.5
Primary Noise Source(:Three near-by roads
Part II
1. For WaII(s)facing and parallel to the noise source(s) (or closest to parallel):
a. Description of Wall Construction*
Stick construction, wood siding
b. STC rating for wall(rated for no windows or doo 39
c. Description of Windows:
Wood windows
d. STC rating for window type 23
e. Description of doors:
Wood door
f. STC rating for doors 27
g. Percentage of wall composed of
windows 17% and doors 6% and unsealed gap 0%
8
h. Combined STC rating for Wall Component 29.3
2. For Walks) perpendicular to the noise source(s):
a. Description of Wall Construction*
Stick construction, wood siding
b. STC rating for wall (rated for no windows or doo 39
c. Description of Windows:
d. STC rating for window type 23
e. Description of doors:
Steel faced door
f. STC rating for doors 0
g. Percentage of wall composed of
windows 26% and doors 0% and unsealed gap 0%
h. Combined STC rating for Wall Component 28.2
3. Roofing Component(if overhead attenuation is required due to aircraft noise):
a. Description of roof Construction
Aiport noise is not a contributing factor.
b. STC rating for wall (rated as if no skylights or other openings) 0
c. Description of skylights or overhead windows:
d. SIC rating for skylights or overhead windows 0
Percentage of roof composed of
e. windows 0% and unsealed gaps 0%
(e.g. chimneys) f.
h. Combined STC rating for roof Component 0
4 Description of type of mechical ventilation provided
Prepared by
Date:
* If walls contain vents or similar openings,attach a description of duct arrangement and insulation and
statement of how much the wall STC is reduced by the presence of the vent,or use the calculation are
under other to add the percent of the openings
Copyright 2005 Great Lakes Environmental Planning
olep4glep.info
Jan, 21. 2016 11 : 26AM Insurance Solutions No, 0507 P. 2
RE)® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY)
01/21/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER,
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endoreemenjs).
PRODUCER CONTACT
NAME: Teresa corer
Insurance Solutions PHONE FAx
arc No,Ext): 4026143307 (A/C,No):
2530 S 171stCt E-MAIL
ADDRESS: teresa(Yp$Urance$OlutiOnsomah8.com
INSURER(S)AFFORDING COVERAGE NAIC p
Omaha NE 68130 INSURERA; WAbENA INS CO 12528
INSURED
INSURER B
CHEREKS HOME REPAIR LLC INSURER C
10224 WEIR ST INSURER D
INSURERS:
OMAHA NE 68127 INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
1N.k AVUL�utflr LR TYPE OF INSURANCE INSD YAM POLICY NUMBER (MMIDD/YYYY)PCJCICYEFF POLICY QM(MMmDpIVYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1000000
CLAIMS-MADE OCCUR P EMISES(Ee oczunrence) $ 100000
X MED EXP(Any one person) $ 5000
A — X WOT4352 09/17/2015 09/17/2016 PERSONAL BADVINJURY $
GEN'L AGGREGATE LIMIT APPLIESPER: GENERAL AGGREGATE $ 2000000
HPOLICY EJEC �LOC
PRODUCTS.COMPIOPAGG $ 2000000
OTHER: TOOLS $
AUTOMOBILE LIABILITY -COMHIN6U$IN(9Lt LIMI I $
(E4 ocrjdanp
ANY AUTO BODILY(NARY(Per parson) S.
OQEO —SCHEDULED BODILY INJURY(Per gxideni) $
AUTOS ONLY AUTOS
HIRED —NON-OWNED )-tiUP NIY UAMAUt $
AUTOS ONLY —AUTOS ONLY (Per ecciden°
$
UMBRELLA LIAO OCCUR
— -- EACH OCCURRENCE $
EXCESS LIAO CLAIMS-MADE AGGREGATE $
DED RETENTIONS $
WORKERS COMPENSATION
AND EMPLOYERS'LIABILITY YIN ISPATUTE I ER H-
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ (00000
A OFFICERMIEM6ER EXCLUDED' NIA WCT4341 09/17/2015 09/17/2016
( cry In NH)
IIt yes,
E.L.DISEASE•EA EMPLOYEE $ 100000
nescrit:a under
DESCRIPTION OF OPERATIONS below EL.DISEASE•POLICY LIMIT $ 500000
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES(ACORD 101,Additional Remarks Sehedule,may be attached If more space Is requIred)
City of Omaha IS listed as Additional Insured.
CERTIFICATE HOLDER 9ANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
City of Omaha ACCORDANCE WITH THE POLICY PROVISIONS.
1819 Famam St
AUTHORIZED REPRESENTATIVE
•
Omaha NE 68183 ram 'ecerte
'Co 1988.2015 ACORD CORPORATION. All rights reserved.
ACORD 26(2016/09) The ACORD name and logo are registered marks of ACORD
Housing and Community Development Division
City of Omaha Planning Department
Contractor Eligibility Form
Project Name: OLHC
Project Owner: Jose & Sara Ortega
Project Address: 2331 S 24th St
Contractor: Cherek's Home Repair
Based on the review of the current"List of Parties Excluded from Federal
Procurement and Non-procurement Programs" a government publication.
X Contractor is eligible
Contractor is not eligible
4WA
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iZ.AH
� A,
Y Planning Department
�/ � Omaha/Douglas Civic Center
41 rt► 1819 Farnam Street,Suite 1100
n l2 �� co April 21, 2016 Omaha,Nebraska 68183
�" ro (402)444-5150
oR ,4, Telefax(402)444-6140
41.4D FEBlcA
Sara & Jose Ortega James R.Thele
City of Omaha Director
Jean Stothert,Mayor 2331 South 24th Street
Omaha, Nebraska 68108
RE: 2331 South 24th Street
Omaha,NE 68108
Dear Sara & Jose Ortega:
In response to your application for the Omaha Lead Based Paint Hazard Control Program, an inspection
of the above property was completed on March 22, 2016.
The following violations of the Omaha Municipal Code were noted and are herby brought to your
attention,this list may not include all violations:
EXTERIOR:
Municipal Code, Chapter 18, Article 1, Section 18-3 (R) Lead Based Paint
INTERIOR
Municipal Code, Chapter 18, Article 1, Section 18-3 (R) Lead Based Paint
If you have any questions, please call me at 444-5150 ext. 2001.
Sincerely,
Steve D. Zivny
Program Director
GRANT AGREEMENT
THIS AGREEMENT is entered into by and between the CITY OF OMAHA, a Municipal Corporation of
the Metropolitan class in the State of Nebraska(hereinafter referred to as CITY)and,
Sara Ortega and Jose L. Ortega, Owner's Spouse
hereinafter referred to as OWNER(S).
WITNESSETH:
WHEREAS, the OWNER(S) is the sole owner of a certain property located at 2331 South 24th Street
and legally described as follows, to wit:
Lot 13, Block 10, Campbells Addition, an addition to the City of Omaha, as surveyed, platted, and
recorded in Douglas County, Nebraska, except the West 2 Feet thereof(commonly known as 2331
South 24th Street)
(hereinafter referred to as the PROPERTY); and,
WHEREAS, the CITY has received Lead-based Paint Hazard Control Program funds awarded to the City
from the United States Department of Housing and Urban Development, Office of Lead Hazard Control and
Healthy Homes; and,
WHEREAS, the City has received Lead-based Paint Hazard Control Program funds awarded to the City
in Nebraska Revised Statues 66-1519 2 (i) through the Nebraska Department of Environmental Quality (NDEQ)
to carry out the Federal Residential Lead-based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4851 et seq.; and,
WHEREAS, the City has received State of Nebraska Affordable Housing Trust Fund Program funds
awarded to the City by the State of Nebraska Department of Economic Development; 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, funds from various sources may be combined in one project; and,
-1-
oRPOR uniiTv Q:Library/Lead Program/Grant Agreement Combined Funds Lead in Excess of 20,000 1/28/1 6
WHEREAS, the OWNER(S) desire to use a portion of such funds for the purpose of controlling lead-
based paint hazards in the PROPERTY; and,
WHEREAS, the parties wish to agree upon the terms and conditions that the OWNER(S) must
abide to having accepted a grant of such funds for lead-based paint hazard control.
In consideration of the mutual agreements herein contained, the parties hereto agree as follows:
Section 1. The following terms shall have the following meaning for all purposes in this Agreement:
a. "Construction Contract" shall mean the contract for certain construction work at the property as
follows:
Contractor: Cherek's Home Repair,LLC
Date Contractor Signed: April 21,2016
LHC File No.: 24887 HCD File No:
b. "Construction Specialist" shall mean the assigned City of Omaha Planning Department staff
person.
c. "Contractor" shall mean the contractor party to the construction contract.
d. "Director" shall mean the Director of the City of Omaha Planning Department, or his/her
designated representative.
e. "Dwelling" shall mean the dwelling structure upon which the lead-based paint hazard control work
is being performed.
f. "Housing Ordinances" shall mean any health, safety or minimum dwelling standard ordinance
applicable to the premises.
g. "Premises" shall mean the property dwelling and structures thereon.
h "Lead-based Paint Hazard Control Work" shall mean the Lead-based paint hazard control work
agreed upon in the construction contract.
i. "HUD" shall mean the U. S. Department of Housing and Urban Development.
Section 2. The CITY agrees to grant the OWNER(S) the sum of Twentysix Thousand Four Hundred and
Twentyone Dollars and No Cents ($26,421) or the actual funds disbursed as shown on the HCD
Loan Program Disposition of Funds Statement, provided that:
a. the proceeds from this grant shall be paid-in-full to the Contractor when the City issues a
certificate of completion pursuant to the construction contract and the City certifies that lead dust
wipe samples have met clearance standards in accordance with HUD regulations; and
b. the construction contract and any change thereto shall be first approved by the Director.
c. in the event that Lead-based Paint Hazard Control Funds are not available, the Director may
substitute Other Funds that may be available for the completion of the project.
Section 3. This grant to the OWNER(s) shall be provided from various funding sources in the following
combination:
Lead-based Paint Hazard Control Funds $26,421.00
State of Nebraska NDEQ Funds $
Healthy Home Funds $
Community Development Block Grant Funds $
Other Funds $
Total amount $26,421.00
Section 4. The OWNER(S) authorizes the CITY to make grant payments directly to the Contractor.
Section 5. The OWNER(S) shall:
a. own the premises and reside at the premises for a term of at least thirty-six (36) months. The
thirty-six(36) month term shall begin the date of closing for this grant; and,
b. only use the grant for the lead-based paint hazard control work if applicable; and,
-2-
c. maintain the premises in a safe and sanitary condition, conform to CITY housing and zoning
ordinances and not commit waste; and,
d. keep the property taxes current during the 36-month term the OWNER is required to own the
dwelling; and
e. arrange for blood lead level testing before construction for all children under age six residing in
or spending at least 6 hours per week at the premises; and,
f. participate in one-on-one training on lead safe maintenance practices provided by the Planning
Department or other approved training; and,
g. continue lead-based paint hazard control maintenance practices after the project is complete.
Section 6. The OWNER(S) shall pay any and all delinquent taxes on the above-described property prior to the
date of this Agreement.
Section 7. The OWNER(S)agree, and the CITY state that the CITY:
a. is not acting as the OWNER'S architect or engineer; and,
b. makes no warranties, express or implied, as to the lead-based paint hazard control work; and,
c. owes no duty to the OWNER(S) or any other person that shall arise because of any inspection of
the premises by the City's employees; and,
d. may inspect the premises at reasonable times; and,
e. is held harmless for all injury and damages arising by virtue of this Agreement.
Section 8. Either party may pursue any remedy to enforce this contract at law or equity; except in the event of a
breach of Section 5(a), (e) or (f) herein, the CITY shall be limited to having no further obligation to
disperse remaining grant sums and shall be reimbursed by the OWNER(S) a sum equal to 1/36 of the
grant for each remaining month of the three year term, provided that the reimbursed sum shall not
exceed the sum previously dispersed from the grant. In the event of default, gross negligence or
other substantial noncompliance by the OWNER, the outstanding amount of the grant at the time of
default shall be due and payable immediately from the OWNER(S), its successors and assigns to the
City.
Section 9. This Agreement is not assignable without prior written consent of the CITY.
Attestation of Citizenship. To comply with Neb. Rev. Stat. 4-108 through 4-114, the
Developer/Owner/Subrecipient agrees to comply with the following requirements:
The Developer/Owner/Subrecipient shall include the following language in all contracts and
subcontracts for the physical performance of services: "The Contractor is required and hereby agrees
to use a federal immigration verification system to determine the work eligibility status of new
employees physically performing services within the State of Nebraska. A federal immigration
verification system means the electronic verification of the work authorization program authorized by
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.0 1324a, known as
the E-verify Program, or an equivalent federal program designated by the United States Department
of Homeland Security or other federal agency authorized to verify the work eligibility status of a
newly hired employee. If the Contractor is an individual or sole proprietorship, the following
applies:
a) The Contractor must complete the United States Citizenship Attestation form available on
the Department of Administrative Services website at www.das.state.ne.us.
b) If the Contractor indicates on such attestation form that he or she is a qualified alien, the
Contractor agrees to provide the U.S. Citizenship and Immigration Services documentation
required to verify the Contractor's lawful presence in the United States using the Systematic
Alien Verification for Entitlements (SAVE) Program.
-3-
c) The Contractor understands and agrees that lawful presence in the United States is required
and the Contractor may be disqualified or the contract terminated if such lawful presence
cannot be verified as required by Neb. Rev. Stat. 4-108."
The Developer/Owner/Subrecipient shall have each person/applicant signing the application for a
benefit under this agreement execute a United States Citizenship Attestation Form for Public Benefit
(Exhibit"A")verifying eligibility status for the purposes of receiving a public benefit.
Section 11. Employee Classification Act. To comply with the Nebraska Employee Classification Act, all general
contractors and subcontractors who perform construction or delivery service pursuant to this contract
shall submit to the City an Affidavit for Employee Classification Act(Exhibit "B") attesting that (1)
each individual performing services for such contractor is properly classified under the Nebraska
Employee Classification Act, 2010 LB 563 ("the Act:"), (2) such contractor has completed a federal
1-9 immigration form and has such form on file for each employee performing services, (3) such
contractor has complied with Neb. Rev. Stat Section 4-114 (federal immigration verification system),
(4) such contractor has no reasonable basis to believe that any individual performing services for
such contractor is an undocumented worker, and (5) as of the time of the contract, such contractor is
not barred from contracting with the state or any political subdivision pursuant to the Act. The
contractor shall follow the provisions of the Act. A violation of the Act by a contractor is grounds
for rescission of the contract by the City.
(REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK)
-4-
Section 12. Interest of the City. Pursuant to Section 8.05 of the Home Rule Charter, no elected official or any
officer or employee of the CITY shall have a financial interest, direct or indirect, in any CITY
Tv AgFkinent. Any violation of this section with the knowledge of the person or corporation
cot' tin with the CITY shall render the contract voidable by the Ma or or Council.
' k I( Lk-. .-- 0 ie.
Sar Ortegaili
Date Jo'e L. a 14ga (O er's Spouse) Date
Date Date
STATE OF NEBRASKA )
)§
COUNTY OF DOUGLAS )
On this d2 day of p)*j , 20/ 6 A.D., before me,-YoyC e_..- in- • J-c-u
a Notary Public in and for said County, personally came Sara Ortega and Jose L. Ortega, Owner's Spouse,
personally to me known to be the identical person(s) whose name(s) is affixed to the above and foregoing
instrument and they acknowledged the said instrument and the execution thereof to be their voluntary act and
deed, for the purposes therein expressed.
In testimony whereof, I have hereunto set my hand and affixed by my Notary Seal at Omaha, Nebraska
on the day and date last above written.
'e_c) '' ,W , ,Z61:;e:---i—,-'
tar ublic
My Commission expires V....t 27 , 20
6p18 AL WANK-Sltlld Nobr
JOYCE STEVENS
da
thy Conm.Es.*le,2018
ATTEST CITY OF OMAHA, A Municipal Corporation
T-,L6fik,_ JUG tek--19 /Z
Cit 'lerk of the City of Omaha ate Mayor of the City of Omaha ate
APPROVED AS TO FORM:
•,.iiq
iQ— )//
Assistant City Attorney Date
-5-
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: °
WHEREAS, the U.S. Department of Housing and Urban Development has awarded to the City tlA.Lead-based
Paint Hazard Reduction Demonstration Grant No. NELHD0278-15, which was approved on January 12, 2016 by City
Council Ordinance No. 40610; and,
WHEREAS, this single-family property, owned by Sara E. Ortega and Jose L. Ortega and located at 2331 S 24
ST,Omaha,NE ; is eligible for funding under the Lead-Based Paint Hazard Control Program; and,
WHEREAS, the Planning Department Financing Guidelines for the Lead-based Paint Hazard Control Program
provides up to $30,000.00 per single-family property, or more with Planning Department approval; and,
WHEREAS, the best bid was received in an amount of $26,421.00 from Cherek's Home Repair, LLC, to
perform Lead-Based Paint Hazard Control work at the property located at 2331 S 24 ST, Omaha,NE ; and,
WHEREAS,the maximum amount of grant funds for the project is $26,421.00;and,
WHEREAS, this Lead-Based Paint Hazard Control work is in the best interest of the residents of the City of
Omaha and those residing therein.
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the attached Grant Agreement, as recommended by the Mayor, to provide funding in the amount of
$26,421.00 for the Lead-Based Paint Hazard Control work to the property owned by Sara E. Ortega and Jose L. Ortega
located at 2331 S 24 ST, Omaha, NE , is hereby approved. The contract is to be awarded to Cherek's Home Repair,
LLC. Funds shall be paid as follows: $26,421.00 from Lead 2015 NELHD0278-15, Fund No. 12136,Org.No. 128104.
APPROVED AS TO FORM:
2369 mpm 916
CITY AT ORNEY DATE
By ige 01344.4,..
Councilmember
Adopted MAY 1 7 201.6 /7—...,6204a4
A roved .441.,(-""' 4;
I1,
City Clerk s /9*/�
PP
Mayor
`,,
NO. ..,.... / ..,.....
.
Resolution by
Res. that, the attached Grant Agreement as
recommended by the Mayor, to provide funding in
the amount of$26,421,00 for the Lead-Based Paint
Hazard Control work to the property owned by
Sara E. Ortega and Jose L. Ortega located at 2331
S 24 ST, Omaha, NE , is hereby approved. The
contract is to be awarded to Cherek's Home
Repair, LLC. Funds shall be paid as follows:
$26.421.00 from Lead 2015 NELHD0278-15.
Fund No. 12136, Org. No. 128104.
2369 inpm
Presented to City Council
MAY 1 7 2016
Adopted
Buster Brown
City Clerk