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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 �fik �� j �� 1819 Farnam Street,Suite 1100 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) Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 - 1 - 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 Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 -2- 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. Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 -3 - 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. Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 -4 - 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 , Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 - 5 - 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: Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 -6 - 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. Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 -7- 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 Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 - 8 - 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 Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 -9 - 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 Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 - 10- 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 Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 - 11 - 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 Q:Library/Lead Program/Rehabilitation Contract(Lead) 1/4/2016 - 12- 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 &#2. (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, 1 O of- ►� P ••-' Owner Date Property Owner Date Witness Date Occupant(if applicable) Date Occupant(if applicable Date Witness Date Page 5 of 5 Initials: s - . it %c id-. 0- U s s -4u w 0 k_J y s 0 ae a r1 s � . ' ,I .- . . COo0 N • 1 i • T _ P� u „ . Q!. '-'1]]1 ti' r \� v '� N Cy 0 >... , j • 6 a N 6. u a Ca. Oo o S flr a- ,m • J r1 ' • _. _ _ M • M • 5• - SS 4 -T 1, e • o v. o, 1 __.• 1 M M (.:(: )...) . • 1 233‘ S. 2 4 51- .E1,,tot 44 • C.. . • • • • • • • • • .•5 .• m • • D. • • •• ; 2331 S. .y ST.• • • • • • • • • 2- Rev LBP-2 044701.01.23 i . . 233\ S. 2y S-r. : : : : : : : : .. Pahs .i,\E,..g-r .. ; . . , . . c.:_. .. . : . . . . , . . . . . .• : : : : . : : : : • . , : • : 2 • W07:. . . . . i : LAUORY c9 _ : 7. . • : . : [ _. .. . Rcx v. � ; : : • • • �EDoor • • AS .ME I�iT . . • • • ; • : ; • Rev LBP-2 044701.01.23 2331. •S. 2(iST : • . S4 1 Li : C. : VI )5 : 1 : r.. . . . • • STAIR UP. . . ; ' . . K N:� Q.H. .. . . '• . : �, �`: . i •—'*7.. . . " - " rk"rit j• 1: . , � : • �, : ••3.5.- - okDim s . Rom :• : . , ED2 : 3 . .. . . . .....----1 . . . . ,,.,,,. • . . . . . • . ..... . . • ,..... . .. . .... . ,. .., ‘. . . •_ ...• • • D : i____, • . . . _.... . . _ . ..... ,•• . . .wil •,_. , . • • • • . , ,-.--- ._ . _ . . . . . . . . . . . , . • • • . ..s. ..-. . 5ED 1 : . Wq Y ; FRc�N7FORc• A :• yihrti WI ! -4 .1 ( 1, I:! ....J , : 1 : Z $ w z : - : : : • Rev LBP-2 044701.01.23 2.331. S. 2'- S-r. .. Arrac. • • •• : • : : 23 ;• : • • • c...., 4 1.1 . ..1 . 7. : I ..: .. . . .. . . . . . . . . . . . . . • • • • • • • C''.1.1..D. . • • • II 3 • • ►: I • • �I . • A• . • • • Rev LBP-2 • • 044701:01.23 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// (( r-..q O N O O Q i- O F..� . �+ U '� •N te a+ U Ai AE.0 Eli b dWd •i Q` tip 0 0 o v ¢i kr) VD N O 69 69 elJ L. ioA c U N a O a 7 O L C4 1., a as U `p CC cil cu — 1--1 co at N `) A au a> ^i7 ;x d GJ cu F � � U � w ¢ o Ari •K bco a •c b °' d W d oar U `n aaS 0 0 0 0 o; N VD V N N N 69 69 d ri O s CN cu U a� N ^[� O •- a O O d i 1- y^ U.1 p O ej cn a`) �a CA rl O .CI C y d M N U O a W d > -� W Wdig a a0 O AF U L d W Q D wAd aQaa as U a t N am � °' Q RO 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&#2. $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 / ,` a, x i • • ? x �� ' s jj� l r . f I - ' ' ' r-7 F �' 4 �II . •L � \ci = F{ F7 " _ - f j sll r -., �Ti7 ^ • ,illi Ellg '.' '-'' ----- ••' - • 1 r.E *L'` � ' � l J •�•_ i� � ry , _i I.r .• , -. I , `` = a . • _I �1 .f� S E �I �t rr■ Ii. ®I• I`otj" 11 • _ ' . I'_ r . ,: ri .fir � - a I I 9PA -' I i Li y I I 1:' ;it r> : I 1 ... -. • 1 I 1 - -- • . e .. r I - . k r, r -- I fr.1 I'-' i , - r - 1� — 11 1 b y t s v, 4 f J pp 1 J gay k _` I I I I I - I _-� _! ` .n. -4;1 - _ - _c - I [I I _ �_ - �_ iLs. __4 e ,-, I j L J • I-1 I ( I� •�Il l r r � i f , 'F ' B- I � 1 1 I, r _ . - � _ • •P Ill 1 `` 1 _ — t -I.. I - - _- f�1 '-'i • j I 'R_t �r 1 y `I �-[{I -` I J''1+1 - C C 0boo Legend N 2331 South 24th Street A I I I I Feet Streets 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 - f t - i • I I' • :5��'t'iS T � c.s.r.- 'n 3c. __ K. —I • I • _ '' 'k 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 '''' 5 = 1 Lila . it 1 i �'. `v— --11 1 - 14 0 ✓ e ti s; 24 0 ;Endi Solid Wall i �, '' "1 - '` 1" 168.0 sf I • _ 1 _ t�' �� _mo - 4 21.0' I 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 • t Y�CI7 Pa� -/ ( • / .,gas.St:. x ',Dorcas st Mfkhj .. ' :. tl Rancho ri t rthaSt ..: t bac't.. __.. �f • D7t�7ntt t P� +? { .- CasteIar St • Ca•stelar at . : Y Arbor:.St I. L70.�r r : e • Ar7or t M p data U r�16 Google i To interact more fully with Google Maps and Street View go to this link Google. If you require a more exact Iproperty location, you may use the Interactive GIS Maps that are maintained by our office. j • • 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 Construction Specialist Date` Development Section ager Date - 4/21/2016 Search Results I System for Award`Management USER NAME PASSWORD LOG Of Forgot Username? Forgot Password? Create an Account Search Results Current Search Terms: Cherek's Home* repair* LLC* Notice:This printed document represents only the first page of your SAM search results.More results may be available.To Glossary print your complete search results,you can download the PDF and print it. No records found for current search. Search Results Entity Exclusion Search Filters By Record Status By Functional Area-Entity Management By Functional Area- Performance Information SAM I System for Award Management 1.0 IBM vl.P.46.20160226-1435 WWW3 Note to all Users:This is a Federal Government computer system.Use of this system constitutes consent to monitoring at all . times. USA,gav gam'�+� 0.nard cnvinnment 1111.1.11 https://www.sam.gov/portal/SAM/?navigationalstate=JBPNS rOOABXdcACJgYXZheC5mYWNIcy5wb3JObGVOYnJpZGdILINUQVRFX0IEAAAAAQApdmlldzo0... 1/1 e-.6. 0, t,..-- .? , ; (L ') ow i01. � v\.y : .....,,.. 00„:„.„.;. 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'.••i.,, ,-,'''..;,:::;:',..-i-----'','—--i- 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