Housing Department Contract Approvals for Queen, Mineral and Washington Streets Copyrighted
August 6, 2018
City of Dubuque Consent Items # 23.
ITEM TITLE: Housing Department ContractApprovals
SUMMARY: City Manager recommending approval of the payment of
the contracts presented by the Rehabilitation Programs for
2407 Queen Street, 2320 Mineral Street and 2841
Washington Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Housing Department Construction AgreemenUPayment City Manager Memo
Approval-NNM Memo
Staff Memo - Construction AgreemenUPayment Staff Memo
Approval
2407 Queen Deconstruction Contract Supporting Documentation
2407 Queen Deconstruction PO Supporting Documentation
2320 Mineral Contract Supporting Documentation
2320 Mineral Bid Supporting Documentation
2841 Washington Contract- Dirt Worx Supporting Documentation
2841 Washington Contract- Braxton Construction Supporting Documentation
THE CITY OF Dubuque
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AIFA�erlwGh
UB E '�� III►
Masterpiece on the Mississippi Z°°'�w'2
7A13 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Housing Department Construction Agreement/Payment Approval
DATE: July 29, 2018
Acting Housing & Community Development Department Director Alexis Steger
recommends City Council approval of the payment of the contracts presented by the
Rehabilitation Programs for 2407 Queen Street, 2320 Mineral Street and 2841
Washington Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�� �� ���
Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Alexis M. Steger, Acting Housing & Community Development Department
Director
THE CTTY OF Dubuque
�"
ui���eNe�ary
DUB E '�I}I�;'
Masterpiece on the Mississippi �°' Z°'Z
2013 2017
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Acting Housing & Community Development Director
DATE: July 27, 2018
RE: Housing Department Construction Agreement/Payment Approval
INTRODUCTION
The City of Dubuque Housing and Community Development Department has several
Rehabilitation Programs for homeowners/rental property owners and City-owned
properties. The proposed rehabilitation work consists of several contractors doing the
required work. A contract is created for each contractor, as is a purchase order and bills
are paid off the purchase order. Due to the contractors being small businesses, a lot of
the contractor do partial bills, just to keep the project moving because they don't have
unlimited financial capacity.
DISCUSSION
Beginning FY 2019, a new policy will be in place that requires all payments to vendors
be approved by City Council prior to payment issuance. This new policy could cause
payments issued to vendors to be delayed by two to four weeks. Many of the
contractors used by the Housing and Community Development Department fall within
the Section 3 guidelines and are small business owners. This type of a delay could
cause a substantial hardship to the contractors, which in turn, could cause the
contractors to no longer bid on projects where the City is involved. Contractors are
already in limited supply for our Rehabilitation projects, whether they are homeowner/
rental or City-owned.
Allowing City Council to approve contract agreements, even when they fall below the
thresholds that are required for City Council approval, enables contractors to be paid
just as timely as they were in FY 2018. Approval of these contracts by City Council, also
constitutes approval to make payments on that contract without further approval for the
payment. This will ensure contractor's payments will be made in a timely manner, so the
contractors will be able to make payroll and payment to their vendors.
Payments for change orders will not be issued until the payment has been approved by
City Council.
RECOMMENDATION
I respectfully request City Council approval of the contracts presented by the
Rehabilitation Programs: 2407 Queen Street, 2320 Mineral Street, and 2841
Washington Street.
i� (
Contractor Insurance on File:
Verification of Permit on File:
REHABILITATION CONTRACT
The Contract is between Citv of Dubuque Rehab Office, Dubuque, lowa, (referred to herein as
the "Owner") and Ted Stackis Construction Dubuque, IA (referred to herein as the "Contractor")
warranting itself to be licensed, (if applicable and qualified to perform the work specified herein.
This contract is for the rehabilitation of property located at 2407 Queen St. Dubuque, lowa
(referred to herein as the "Property").
In consideration of their mutual promises, the parties agree as follows:
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 Dubuque, lowa (referred to herein
as the "City"), and unless and until a properly executed and approved copy is delivered to the
Contractor on or before sixty days from the date that bid was returned to the owner, 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 material 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 the Specific Terms, and the following must
be on file in the rehab office:
A. Schedule of Work (work write-up):
B. Insurance Certificate:
3. C�orot�rac#�r s�ai� pro�ide ins�ra�ce as req�aired by ti�e a#tac�aed insurance schsdule.
4. Time for Commencement and Completion. The Contractor agrees to commence, or
cause to be commenced, the actual work described in the Schedule of Work within twenty days
after the Effective Date. The Contractor agrees to complete, free of liens or rights of liens of
contractors, mechanics, material men or laborers, all work listed in the Schedule of Work by
Julv 30, 2018. The Contractor agrees that time is of the essence in this Contract.
In the event that the work provided for in this contract is not completed by the completion date,
the amount payable to the contractor shall be reduced by $25 for each day the contract remains
uncornpleted beyond the completion date. The completion date may be extended by all the
parties by a written agreement specifying the amended completion date.
5. 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$27,000.00.
1
NOTE: PERMITS A'RE REQU�IRED FOR A'LL BUILDING, HEATINC, P'LUM�B�ING AND I��
ELECTRt'CA�L JOBS. PAYM�EN1'W11.,L �IOT BE ISSUE� UNTIL W�E HAVE A CO'PY OF THE
PERMIT OR PER�MIT NUM'B!E�R.
6. Progress Payments. 10% OF THE TOTAL CONTRACT AMOUNT WILL BE HELD
UNTIL 100% OF THE JOB IS DONE AND A FINAL INSPECTION HAS BEEN COMPLETED.
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 all
subcontractors, major material suppliers, and the general contractor, as applicable, shall be
provided with each progress payment requested. Final lien waivers will be presented, from all
applicable parties, 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, less a holdback/retainage of 10% of the amount of work for which
payment is being requested (adjusted as applicable and as stated above). The holdback shall
be retained until final payment in order to protect the Owner from any default by the Contractor.
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 terms 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 side" 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 (less the required
holdback/retainage) completed at the time such payment is requested.
7. Warranty. The Contractor warrants that all improvements, hardware and fixtures of
whatever kind or 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 below:
2
8. �4cce�s and Maint�.�ance ofi Records. The contractor mus, maintain all required
records for five years after final payments are made and all other pending matters are closed.
At any time during normal business hours and as frequently as is deemed necessary, the
contractor shall ma4<e available to fihe City of Dubuque, the General Accounting Office, and the
Department of I-lousing and Urban Development, for their examination, all of its records
pertaining to all matters covered by this contract and permit these agencies fio audit, examine,
make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records,
conditions of employment, and all other matters covered by this contract.
9. Civil Rights. The Contractor must comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 196� (P.L. 88-352).
� Section 104(b) and Section 109 of Title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5309). '
• The Age Discrimination Act of 1975, as amended (42 U.S.C. 1601 et seq.) '
• Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112, '
29 U.S.C. 794).
• Americans wifih Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) '
• Section 3 of the Housing and Urban Development Act of 1968, as amended
12U.S.C. 1701 u).
• Title VIII of the Civil Rights Act of 1968, as amended.
• Federal �xecutive Order 11063, as amended by Executive Order 12259.
• Federal Executive Order 11246, "Equal Employment Opportunity," as amended
• Title II of the Americans with Disabilities Act of 1990 '
• lowa Civil Rights Act of 1965 (lowa �xecutive Orders 34 and lowa Code Chapter
19B.7)
10. Termination Clause. All contracts utilizing CDBG & HOME funds must contain a
termination clause that specifies the following:
• Under what conditions the clause may be imposed.
• The form the termination notice must take (e.g., certified letter).
• The time frame required between the notice of termination and its effective date.
• The method used to compute the final payment(s) to the contractor.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment :
because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or adverfiisements for employees placed by or on
behalf of the contractor, state that all qualified applicanfis will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3
(3) The confiractor will 5.,��d to each labor union or representativ., �f workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be ;
provided by the agency contracting officer, advising the labor union or workers' '
representative of the confiractor's commitments under Section 202 of the Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous '
places available to employees and applicants for employment.
(4•) The contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Gxecutive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secrefiary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clause of this
contract or with any of such rules, regulations, or orders, this contracfi may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of S�ptember 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of Paragraphs (1) through (7) 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 No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase '
order as the contracting agency 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 with a subcontractor or '
vendor as a result of such direction by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United
States."
Mandatory standards and policies t� energy efficiency which are contained in the state energy
conservation plan issued I compliar�ce with the Energy Policy and Conservation Act (Pub. L. 94-
163, 889 Stat.871) 24 CFR Part 35 et al
CON�°TRUCI`ION CONTR�ACTS IN_EXCE�� OF $2,000
1. Copeland "Anti-Kickback°° �►ct (18 U.S.C. �74 and 40 U.S.C. 276c). All contracts and
subgrants in excess of$2000 for construction or repair awarded by recipients and
subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act
(18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States").
The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he is otherwise entitled. The recipient shall report all ,
susp�cted or reported violations to the Federal awarding agency.
4
Under Section 102 of the , .�t, each contractor shall be required to .,.,mpute the wages of every
mech�nic and laborer on the basis of a standard work week of 40 hours. Work in excess of the '
standard work week is permissible provided that the worker is compensated at a rate of not '
less than 1 %2 times the basic rate of pay for all hours worked in excess of 40 hours in the work
week. '
Section 107 of the Act is applicable to construciiori work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or confiracts for
transportation or transmission of intelligence.
In addition to the preceding provisions, all contracts in excess of$10,000 must include the
fiollowing language, pursuant to Federal Ex�cufiive Orders 11246 and 11375:
During the performance of this contract, the contractor agrees as follows '
(1) The contractor will not discriminate against any employee or applicant for employm�nt '
because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause. '
(2) 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 race, color, religion, sex, or national origin. '
(3) The contractor will send to each labor union or representative of workers with which he '
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers' ' '
representative of the contractor's commitments under Section 202 of the Executive '
Order No. 11246 of September 24, 1965, and shall post copi�s of the notice in '
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and th� Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clause of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared
5
ineligible for further Government contracts in accordance with procedures authorized in I
Executive Order No. 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No. 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(7) The contractor will include the provisions of Paragraphs (1) through (7) 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 no. 11246 of
September 24, 1965, so that such provisions wiil be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the interests of the
United States.
11. 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 for the performance of any terms of this contract.
June 20, 2018
City Dub Rehab Offi ce Date
� ��� " ��,
Ted Stackis Construction Date
T�ti
9 � � ��
Approved by City on � ��d ` � � , 2018
By:
' Neye
Rehabilitation Programs Supervisor
6
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension continuation renewal amendment or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any I
person for influencing or attempting to influence an officer or employee of any agency, a ��I
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
�e1�1�2,�(��
Signature of Authorized Certifyin ��ICIaI (example:Company Owner) Tltle
�
Ted Stackis Construction [�g �0� l �
Applicant Organization � xample• ame of Company) Date Submitted
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary
Exclusion
(1) The participant certifies by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
1
������,n� r� �r
Signatu►'e of Autho►-ized Ce�ifying Official (eXam,o�e:company owner) itle �
)
Ted Stackis Construction �',�i� � "" Z(� — p �
AppIICa11t OI'galllZatlOn (example:Name of ompany) Date Submitted
7
TI-3E CTfY OF
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� �� �u�c�,�sE o�D�� �o. 18010674
MIISfCI�lCCP. 01Z t�'lC MtS51SS1�p2
CITY OF DU�U�UE PAGE NO. 1
50 WEST 13TH STREET
DUBUQUE, IA 52001-4864
TAX EXEMPT
FED ID#42-6004596
V �3530 � HI HOUSING & COMMUNITY DEVELOPMENT �
E THEODORE J STACKIS � 350 W. 6TH ST, SUITE 312 '!
pD/B/A TED STACKIS CONSTRUCTION P DUBUQUE IA 52001
� 206 SAUNDERS ST
R �DUBUQUE IA 5 2 0 01-0 911 � T � �
� ATTN: K NEYEN
ORDER DATE: 0 6�2 0�1 S BUYER: S BENNETT REQ. NO.: � REQ. DATE:
TERMS: NET 3 0 DAYS F.O.B.: DESTINATION DESC.: REHAB
ITEM1� QUANTITY UOM DESCRIPTION UNIT PRICE EXTENSION
;': u"� 1 00 I; DEMO 2407 QUEEN ',' �'7�'u+� :Gp�'v� 27 000 .0� '.
;: ;> :; �
i�fe ��� � y � i :
: ::
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ITEM# ACTIVITY ACCOUNT PROJECT AMOUNT INVOICE TOTAL S PAGE TOTALS 27, OOO . OO
TOTAL $ 27, 000 . 00
01 2601231 73111 27,000.0
Department ��
Payment
Approved By:
Date:
Finance
Payment '�..
Approved By:
Date:
Contractor Insurance on File:
Verification of Permit on File:
REWABILITATION CONTRACT
The Contract is between Citv of Dubuque, Dubuque, lowa, (referred to herein as the "Owner")
and Ted Stackis Construction Dubuque, IA (referred to herein as the "Contractor") warranting
itself to be licensed, (if applicable and qualified to perForm the work specified herein. This
contract is for the rehabilitation of property located at 2320 Mineral Street, Dubuque, lowa
(referred to herein as the "Property").
In consideration of their mutual promises, the parties agree as follows:
SPECIFIC TERMS
1. �ffective Da4e. This document shall have no force or effect unless and until executed
by the owner and the contractor, and approved by the City of Dubuque, lowa (referred to herein
as the "City"), and unless and until a properly executed and approved copy is delivered to the
Contractor on or before sixty days from the date that bid was returned to the owner, the
Contractor may refuse to be bound by th� 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 material 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 a�ddress shown above. The Contractor shali not be compensated under this
Contract for work commenced or materials delivered to the Property before the Effective Date.
2. 7he Contract. This Contract consists only of the Specific Terms, and the following must
be on file in the rehab office:
A. Schedule of Work (work write-up):
B. Insurance Certificate:
3. Contractor shall provide ins�arance as required by the attached insurance schedule.
4. 1°ime for Commencement and Completion. The Contractor agrees to commence, or
cause to be commenced, the actual work described in the Schedule of Work within twenty days '
after the Effective Date. The Contractor agrees to complete, free of liens or rights of liens of
contractors, mechanics, material men or laborers, all work listed in the Schedule of Work by
Auqust 8, 2018. The Contractor agrees that time is of the essence in this Contract. ;
In the event that fih� work provided for in this contract is not compl�ted by the completion date, '
the amount pay�ble to the contractor shall be reduced by $25 for each day th� contract remains
uncornpleted beyond the completion date. The completion date may be extended by all the
parti�s by a writien agreement specifying the amended completic�n date.
5. 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$6,000.00. (Emerqencv wor6c needed to keep rodents out of paropertv
and keep trees from causinq further harm to the proper�v.
1
NOTE: P�FtMl1'S AR� f��QUIR�D FO� ALL �UILDING, �i�ATING, I�LIJM�ING AND
�LECTRICAI� JO�s. P�►YIVi�NI'WILL NOl' �� ISSU�D UNTIL UVE MAVE iA COPY OF TH�
PERIVIIT OR PERMIT iVUM�ER.
6. Progress Payments. 10% OF THE TO�°A►L CON7R�4CT AMOUN°T WILL �E H�LD
UIVTIL 100% OF THE JO� IS DONE AND A FINAL INSPECTION WAS �E�N COMPL�1'�D.
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 deducfied 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 all '
subcontractors, major material suppliers, and the general contractor, as applicable, shall be
provided with each progress payment requested. Final lien waivers will be presented, from all
applicable parties, 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, less a holdback/retainage of 10% of the amount of work for which
payment is being requested (adjusted as applicable and as stated above). l"he holdback shall '
be retained until fiinal payment in order to protect the Owner from any default by the Contractor.
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�II 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 OUTSID� THE SCOPE OF THIS CON"fRACT AS A
CONDITION OF REC�IVING PAYMENT. Any work completed that is not in compliance with '
the terms 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 fior
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 side" 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 �ayment which is in excess of the price of the work (less the required
holdback/retainage) completed at the time such payment is requested.
7. Warranty. The Contractor warrants that all improvements, hardware and fixtures of
whatever kind or 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 sefi 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 th� address stated above WITHIN
ONE YEAR, except for any longer warranty periods specified below:
2
8. Access and Mainfienance of Records. The contractor must maintain all required
records for five years after final payments are made and all other pending matters are closed.
At any time during normal business hours and as frequently as is deemed necessary, the
contractor shall make available to the City of Dubuque, the General Accounting Office, and fihe
Department of Housing and Urban Development, for their examination, all of its records
pertaining to all matters covered by this contract and permit these agencies to audit, examine,
make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records,
conditions of employment, and all other matters covered by this contract.
9. Civil Rights. The Contractor must comply with the following laws and r�gulations
• Title VI of the Civil Rights Act of 1964 (P.L. 88-352). '
• Section 104(b) and Secfiion 109 of Title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5309). :
• The Age Discrimination Act of 1975, as amended (42 U.S.C. 1601 et seq.)
• Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112,
29 U.S.C. 794). ,
e Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213) ;
� Section 3 of the Housing and Urban Development Act of 1968, as amended
12U.S.C. 1701 u).
• Title VIII of the Civil Rights Act of 1968, as amended.
• Federal Executive Order 11063, as amended by Executive Order 12259.
• Federal Executive Order 11246, "Equal Employment Opportunity," as amended
• Tifile II of the Americans with Disabilities Act of 1990
• lowa Civil Rights Act of 1965 (lowa Executive Orders 34 and lowa Code Chapter
19�.7)
10. Termination Glause. All contracts utilizing CDBG & HOME funds must contain a
termination clause that specifies the following:
• Under what conditions the clause may be imposed.
• The form the termination notice must take (e.g., certified letter).
• The time frame required between the notice of termination and its effective date. '
• The method used to compute the final payment(s) to the contractor.
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or adverfiisements for employees placed by or on
behalf of the contractor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
3
(3) The contractor will send to each labor union or represenfiative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's cornmitments under Section 202 of the Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to ;
ascertain compliance with such rules, regulations, and orders. '
(6) In the event of the confiractor's non-compliance with the nondiscrimination clause of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government c�ntracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to Secfiion 204 of Cxecutive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the interests of the United
States."
Mandatory standards and policies to energy efficiency which are contained in the state energy
conservation plan issued I compliance with the Energy Policy and Conservation Act (Pub. L. 94-
163, 889 Stat.�71) 24 CFR Part 35 et al
CONSTRUCTION CON7RACTS IN EXCESS OF $2,000
1. Copeland "Anti-4Cickback" Act (18 U.S.C. 874 and 4�0 U.S.C. 276c). All contracts and
subgrants in excess of$2000 for construction or repair awarded by recipients and
subrecipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act
(18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States"). �
The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he is otherwise entitled. The recipient shall report all
suspected or reported violations to the Federal awarding agency.
4
Under Section 102 of the Act, each contractor shall be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a r�te of not
less than 1 '/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.
Section 107 of the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or confiracts for
transportation or transmission of intelligence.
In addition to the preceding provisions, all contracts in excess of$10,000 must include the
foilowing language, pursuant to Federal Executive Orders 11246 and 11375:
During th� performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) 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 race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of the Executive
Order No. 11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of '
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the confiractor's non-compliance with the nondiscrimination clause of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared
5
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No. 112�6 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No. 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(7) The contractor will include the provisions of Paragraphs (1) through (7) 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 no. 11246 of I
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 with a subcontractor or '
vendor as a result of such direction by the contracting agency, fihe contractor may '
request the United States to enter into such litigation to protect the interests of th�
United States.
11. Parfiies 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 for the performance of any terms of this contract.
����
�I July 23, 2018
City of Dub e Date
:�.�.�' �e� � �� �3�l�
Te Stackis struction Date
�f����.
Titl
Approved by City on �d �� , 2018
By:
Kris Ne en
Rehabilitation Programs Supervisor
Mailed to Contractor and effective on " !' �� , 2018
6
CERTIFIC,41'ION REGARDING LOB�YING
Certific�tion for Contracts, Grant�, Loans, and Cooperafiive Agreements '
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a ,
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension continuation renewal amendment or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any
person who f�als��to'�le the required certification shall be subject to a civil penalty of not less than
$10,000,�,; ncI not more han $100,000 for each such failure. ,
� ��l/�
a
��'� ` �`-�� P"�°�i"�
Sig ature of Au orized Certifying OffiCial (examp�e:�ompany owner) Title
Ted Stackis Construction �'�a� �
AppllCant OfgaIllZatlOn (example:Name of Company) Date Submitted
Certification Regarding Debarment, Suspension, Ineligibility and Volunfiary
Exclu�ion '
(1) The participant certifies by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any F'ederal department or agency.
(2) Where the participant is unable to certify to any of the statements in this certification, such
prospective„p�rti ipant shall attach an explanation to this proposal. ,
� ,��
.�'� ��_ 4%��r� pY��- .
Signature of Authorized Certifying Official (examp�e:�ompany owner) Title
�W 2�e �
Ted Stackis Construction
AppllCant OPganlZatlOn (example:Name ofCompany) Date Submitted
7
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gm'�.',,ii8'd�c'ATPIS'9621 '��.
Cor�tractor Insurance on Fil�:
Verification of I�ermit on File:
R�HABILITATION C(?NTRACT'
The Contracfi is between Wa na and Nanc Ellerman Dubuqu�, lowa, (r�ferred ta herein as the
°Owner") and Dirt Worx Dubuque, IA(referred to herein as the "Cantractor")warranting itself to
be licensed, (if applic�ble and qualified to perfarm the work specified herein. This cantract is far
the rehabilitation of prop�rty lacated at 2841 Washinqtnn Street, Dubuque, lowa (referred fio
herein as the "Property").
In consideration af#heir mutual promises, the parties agree as follows:
SPECIFIC TERMS
1. Effective Date. "fhis document shall have no force or effect unless and until executed
by the owner and the contractor, and �pproved by the City of Dubuque, lawa (referred fio herein
as the "City"), and unless and until a prop�rly executed and approved copy is d�livered ta the
Contractor on or before sixty days frpm th� date that bid was refiurned tn the owner, 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
Cantractor subsequently perForms work or delivers material to fihe Property, the Contractar shall
be bound by the Contract. �or#he purposes of this paragraph, a cnpy af this Contract shail be
deemed to have been delivered ta and received by the �ontracfior upon mailing by the City to
the Contractor's address shown above. The Contractor shall npt be compensated under this
Contract far work commenGed or materials delivered to the Property befor� fihe Effective Date.
2. Tho Contract. This Contract consists only of the Specific Terms, and the following must
be on file in ihe rehab affice:
A. Schedule af Wark(work wrifie-up}:
B, Insurance Certificafi�:
3, Contractor shal�I,pr�vNde,�nsutrance as r�qu�red k�y,th� attach�d rnsurance sched�ile�
�>.� . ,.,. ,,��,� .,.�s.
4. T'ime for Cammencement and Completion. The Contractor agrees to cnmmence, or '
cause to be commenced, the actual work described in the Schedule of Warl<within twenty d�ys
after the Effecfiive Date. The Cantractor agrees to complete, free of liens ar r,ights of liens of
cnntractors, mechanics, mafierial men or laborers, all work listed in the Schedule of Work by
October 15, 2018. The Contractor agrees that time is of the essence in this Contract, �
In the �v�nt that th�wark pr�vided fcar in fhis cantract is not completed by the compl�tian dafe,
th� amount pay�bl� tc� th� car�tracfar shall be reduced by$25 for�ach d�y the �ontract remairis
un�omplet�d beyond t��e campletian dafi�. The carnpletipn date m�y be extend�d by�II khe ',
p�rties by a writt�n �c�r�ement sp��ifiying the am�n�l�d complatinrr ciat�.
5. Cantract Price. The Cantraat�r agrees to accomplish work�s described in the
5ch�dule of Work in accardance with each ar�d ev�ry fierm and candition of khis Contract, for�
tntal contract pric� of 4 340.
1
;
8. Acce�s arid Mainten�nce of Record�. The confiractor must maintain all required '
records for five years after final p�yments are made and all other pending matters are closed.
Afi �ny time during normal business hours and as frequently as is deemed nec�ssary, the ;
contractor shall rnake available to the City of Dubuque, the General Accounting Office, and fihe �
Deparfiment af Mousing and Urban Development, for their examination, all of its records
pertaining to all matters cavered by this cantract and permit these agencies to audit, examine,
maE<e excerpts or transcripts from such records, contr�ct, invoices, payrolls, personnel records, ;
conditions of employment, �nd all other mafiters covered by this contract.
9, �ivil �igh��. The Contractor must comply wifih fih�following laws and regulations
� Tifile VI of the Civil Rights Act of 1964 (P.L. 88-352).
• Section 104(b) and Section 109 of�1"itle I of the Hausing and Community
Development Act of 1974, as amended (42 U.S.C. 5309),
� The Age Discrimination Act of 1975, as arnended (42 U.S.C. 1601 et seq.) �
� �ecfiion 504 of fihe Rehabilitation Acfi of 1973, as amended (P.L. 93-112, '
29 U,S.C. 79�). f
� Americans with Disabilities Act(P,L. 101-336, 42 U.S,C. 12101-12213) '
� SEction 3 of the hiousing and Urban Development Act of 1968, as amended
12U.S.C. 1701 u).
� l'itle VIII of th� Givil Rights Act of 1968, as amended.
� �'ederal Executive Order 11063, as amended by Executive Order 12259. '
� Federal �xecutive Order 11246, "Equal �mployment Opportunity," as amended ' '
� Titie II of the Flmericans with Disabilities Acfi of 1990
� low� Civil Rights Act of 1965 (lowa Cxecutive Qrders 34 and lawa Code Chapter
198.7)
, 10. `T�rrr�inafiao� �I�u��, Ali contracts utilizing CDBG & HOME funds must confiain a .
termination clause that specifies the following:
m Under what conditions the clause may be imposed.
� The form the fiermination notic� musfi take (e.g., cerfiified le#ter).
� �'he time frame required between the notice of termination and its effecfiive date.
� The method used to compute the final paymen�(s)to the contractor.
puring the performance af this contract, the contractor agrees as follows: �
(1) The contractor will not discriminate against any employee or applicant for employm@nt ;
because af race, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employ�d, and fihafi employees are � '.
treated during employment, withoufi regard �o their race, coi�r, religion, sex, or national f
origin, Such action shall include, but not be lirnited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or �
terminatipn; rat�s of pay or oth�r forms of compensafiion; and selection for training, '
including apprenticeship. The contractor agrees to posfi in conspicuous places, available
to �mployees and applicants for�mploymont, notices to be provided by the contracting
officer setfiing forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on i
behalf of fihe confiracfior, state that all qualified applicants will receive consideration for
employmenfi withaut regard to race, color, religian, sex, or national origin. '
i
7
i
J
I
I
ineligible for further Gavernment cantr�cfis in accardance with procedur�s authorized in
Executive Order No. 11�46 of September 2�, 1965, and such oth�r sanctions may be
imposed and remedies invoked as prnvided in �x�cutive Order No� 11246 of September
24, 1965, or by rule, regulatian, or order of th� Secretary of l�.abor, or as otherwise ;
providPd by law,
(7) The contractor will include the provisions af Paragraphs (�)through (7) in every
subcontr�ct or purch�s� nrder uniess exempied by rules, regula#ions, ar orders af the �
Secretary of Labar issued pursuant to Section 20A� af Executive C7rder no, 11246 of
September 2�, 1955, so that such provisions wili be binding upan each subcantractor ar
vendor. The contractor will take such action with r�spect to any subcontract or purchase
arder as the cantracting agency may direct as a means of enfarcing such provisians
including sanctions for noncompliance: Provided however, that in the event the
cnntracfior b�cames involved in, or is threatened with, litigation with a subcantractar or �
vendor as a result of such direction by the cantracting agency, fihe contractpr may �
request the United States to enter infio such litigatian to profect the interests of the
Unit�d States. �
�
11. Parties to Contract, The Owner and Contractor agr�e that they are the sole parties to � '
this contract and are solely responsible for its performanc�. The parties agres that n�ifiher the �
Cifiy nor the United States Deparkment of Housing and Urban Development(HUD) assumes any �
liability or responsibility for the performance of any terms of this contract.
� �
� � � �
� � ����� � �� � �� �
Wa � lerm�`�� Date �
��£�� . `� �� C�-� �
=trk� orx Date �
����� � �
Title
Approved by City on � " �- � � , 2018
By:�� /��:Y�1_
Kris Neyen '
Rehabilitatian Programs Supervisor
Mailed to Contractar ar�d eff�ctive on � - 2 (.� � , 2Q18
6
�
CERTIFICATION REG�iRDING Lpt3BYIN�
Certification for Canfiracts, Grants, Loans, and Gooperativ� Agreements
The undersigned certifies, ta the best of his �r her kn�wledge and belief, that:
(1) No Federal apprapriated funds have been paid or will be paid, by or on behalf nfi the
undersigned, to any person for influencing or attempting to influsnc� an officer or employee of
an agency, a Member of Congress, an officer or emplay�e of Congress, ar an �mployee of�
Member af Congress in connection with th� awarding of any F�deral contraat, the making of�ny
Federal grant, the making afi any �ederal loan, the snt�ring into of any coop�rative agreement,
and the exfiension confinuatian renewal amendment or modification of any Federal aonfiract,
grant, loan, or cooperative agreemant. .
(2) If �ny funds other th�n Federal appropriated funds have been paid ar will be paid to any
persan for influencing or attempting to influence an ofFicer or empinyee of any agency, a
Member of Cangress, an officer or emplayee of Congress, or. an empinyee of a Member of
Cangress in connectian with this Federal contract, grant, loan or cpaperative agreement, the
undersign�d shall compleke and submit Standard �orm - LLL, "Disclasure Form ta Repork
Lobbying," in accordance with its instructions.
(3) The undersigned shall require fhat the language of this certification be included in the award
documents for all subawards at all tiers {including subcontracts, subgrants, and contracts under
grants, loans, and cooperativs agreements} and that all subrecipients shall c�rtify and disclose
accardingly, ,
This certificafiian is a material representation af fact upon which reliance was placed when this �
transaction was made or entered into. Submission of this certificafiion is a prerequisite for
making or entering into this transactian imposed by section 1352, title 31, U.S, Code, F�ny
p n wha ' to file the required certificakion shall be subject to a civil penalty of nat less than
10 00 a o m than $100,000 for each such failure.
�.,..,:;_ (/�
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� i�nature of UtIlOPIZ@CI CGt`tI�FYlilg OffICIaI (example:CompanyOwnerJ Title
Dirt Worx � �" � �
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AppIICaCI� OI'gatllZatl0t1 (example:Name of Company) Date Submitted
�
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Certi�icatian F2egarding Debarment, Suspensian, I�eligibility and Valuntary
�xclusian
(1) The participanfi certifies by submission of this proposal, that neither it nar its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where tha par�icipant is unable to cerCify ta any of the statements in this certificatian, such� �
§ ,
prospective participant shall atfiach an explanation to this proposal.
. .��-�- _ C�1��► �f
SigCi�tur'e of Autho►'ized Ce�fiifyitlg Off'iCl�l (examp�e:Gompany owner� Ti#Is ,
Dirt Worx - / �l �
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Contractor Insurance on File:
Verification of Permit on File:
REHA�ILI1'AT'90N CONI'R,�CT'
The Contract is between Wavne and Nancv Ellerman, Dubuque, lowa, (referred to herein as the "
"Owner") and Braxton Const Dubuque, IA(referred to herein as the "Contractor")warranting
itself to be licensed, (if applicable and qualified to perform the work specified herein. This
contract is for the rehabilitation of property located at 2841 Washinqton Street, Dubuque, lowa
(referred to herein as the "Property"). ,
In consideration of their mutual promises, the parties agree as foliows
SPECIFIC TERMS
1. Effeetiv� D�t�. This document shall have no force or effect unless and until executed
by the owner and the contractor, and approved by the City of Dubuque, lowa (referred to herein
as the "City"), and unless and until a properly executed and approved copy is delivered to the
Contractor on or before sixty days from the date that bid was returned to the owner, 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 material 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 deliuered 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. T"he �o�atr�c�. This Contract consists only of the Specific Terms, and the following must
be on file in the rehab office:
A. Schedule of Work (work write-up):
�. Insurance Certificate:
3. Confira�t��-�9�a19 pr��ide ic��urance as required by the attached insuranc;e schedule,
4. Tem� fc�r �o�a�a��cem��� a�rd Co�a�letaon. The Contractor agrees to commence, or
cause to be commenced, the actual work described in the Schedule of Work within twenty days
after the Effective Date. The Contractor agrees to complete, free of liens or rights of liens of
contractors, mechanics, material men or laborers, all work listed in the Schedule of Work by
O�fim9��r 15, 203�. The Contractor agrees that time is of the essence in this Contract.
In the Pvent fihafi th� work pi-ovic��d for in this confiracf is not completed by th� campletion date,
the amount payabl� to th� contr�ctar shall be reduced by $?5 for each day the contract r�rnains
uncompleted beyond the corn�letion dafie. �'he completian date may be extend�d by all the
par�i�s by a written �greern�rit specifying th� amend�d completion da1:�.
5. Coc�t��c� �a��cee 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 7 ��0. '
1
NOT'E; PE6�M9Y5 �R� R�(��ER�D FOR ALL �UIL.DiNG, F���1'IN�, PLIJIVI�iNG A�D
EL.�C�'�l��L J���, �AYI��NT'VV9LL NOT �E I�SU�D UN1'IL�!E HAV� A �OPY O� TFiE
����li9�` 06� P�RNlI1' P�UM��R.
6. Progress Paymen�s. 10% OF T"F9E 1'OTAL CON1'RACT �4iVI0UN1' VIIILL �E FIELD
UN1'IL 100% OF T'HE JO� IS DONE ,4ND A FINAL INSPECI'90�9 F9AS �EEN COMPLEI'ED.
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 all
subcontractors, major material suppliers, and the general contractor, as applicable, shall be '
provided with each progress payment requested. Final lien waivers will be presented, from all '
applicable parties, 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, less a holdback/retainage of 10% of the amount of work for which
payment is being requested (adjusted as applicable and as stated above). Th� holdback shall
be retained until final payment in order to protect the Owner from any default by the Contractor.
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
COiVDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with '
the terms 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 shali 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 side" 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 (less the required
holdback/retainage) completed at the time such payment is requested.
7, VVarranfy. The Contractor warrants that all improvements, hardware and fixtures of
whatever kind or nature to be installed or constructed on the Property by the Contractor or the
Contractor's sub-contractors will be of good quality, suitabie 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 WITHIIV
ONE YEAR, except for any longer warranty periods specified below:
2
8. Access and Maintenance of Records. The contractor must maintain all required
records for five years after final payments are made and all other pending matters are closed.
At any time during normal business hours and as frequently as is deemed necessary, the
contracfior shall make available to the City of Dubuque, the General Accounting Office, and the
Department of Housing and Urban Development, for their examination, all of its records
pertaining to all matters covered by this confiract and permit these agencies to audit, examine,
make excerpts or transcripts from such records, contract, invoices, payrolis, personnel records, '
conditions of employment, and all other matters covered by this contracfi.
9. Civil I2ighfis. The Contractor must comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964 (P.L. 88-352). .
• Section 104(b) and Section 109 of Title I of the Housing and Community
Development Act of 1974, as amended (42 U.S.C. 5309).
• The Age Discrimination Act of 1975, as amended (42 U.S.C. 1601 et seq.)
• Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112,
29 U.S.C. 794).
• Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213)
• Section 3 of the Housing and Urban Development Act of 1968, as amended
12U.S.C. 1701 u).
• Title VIII of the Civil Rights Act of 1968, as amended.
• Federal �xecutive Order 11063, as amended by Executive Order 12259.
• Federal Executive Order 11246, "Equal Employment Opportunity," as amended
• Title II of the Americans with Disabilities Act of 1990
• lowa Civil Rights Act of 1965 (lowa Executive Orders 34 and lowa Code Chapfier
19B.7)
10. T'ermination Clause. All contracts utilizing CDBG & HOME funds must contain a
termination clause that specifies the following:
� Under what conditions fihe clause may be imposed.
• � The form the termination notice must take (e.g., certified letter).
• The time frame required between the notice of termination and its effective date.
• The method used to compute the final payment(s) to the contracfior. '
During the performance of this contract, the contractor agrees as follows: .
(1) The contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take '
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national :
origin. Such action shall include, but not be limited to the following: employment, '
upgrading, demotion, or transfer; recruitmenfi 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 contracting ;
officer setting forth the provisions ofi fihis nondiscrimination clause.
(2) 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 race, color, religion, sex, or nafiional origin.
3
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other confiract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of the Executive Order
No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permit access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clause of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive
Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and '
remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or
by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of Paragraphs (1) through (7) 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 No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor wiil take such action with respect to any subcontract or purchase
order as the contracting.agency 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 with a subcontractor or
vendor as a result of such direction by the contracting agency, the contractor may '
request the United States to enter into such litigation to protect the interests of the United
States."
Mandatory standards and policies to energy efficiency which are contained in the state energy
conservation plan issued I compliance with the Energy Policy and Conservation Act (Pub. L. 94-
163, 889 Stat.871) 24 CFR Part 35 et al
CONSTRUCTION CONTRACTS IN EXCESS OF $2,000
1. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c). All contracts and
subgrants in excess of$2000 for construction or repair awarded by recipients and
subrecipients shail inciude a provision for compliance with the Copeland "Anti-Kickback" Act
(18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States").�
The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any
means, any person employed in the construction, completion, or repair of public work, to give
up any part of the compensation to which he is otherwise entitled. The recipient shall report all
suspected or reported violations to the Federal awarding agency.
4
Under Section 102 of the Act, each contractor shall be required to compute the wages of every
mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is compensated at a rate of not
less than 1 %z times the basic rate of pay for all hours worked in excess of 40 hours in the work
week.
Section 107 of the Act is applicable to construction work and provides that no laborer or
mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open mar{<et, or contracts for
transportation or transmission of intelligence.
In addifiion to the preceding provisions, all contracts in excess of$10,000 must include the
following language, pursuant to Federal Executive Orders 11246 and 11375:
During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any empioyee or applicant for employment
because of race, color, religion, sex, or national origin. The contractor will take
affirmative acfiion to ensure thafi applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex, or national �
origin. Such action shail include, but not be limited to the following: employment,
upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or '
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the confiracting
officer setting forth the provisions of fihis nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that all qualified applicants wiil receive consideration for
employment without regard to race, color, religion, sex, or national origin.
(3) The contractor will send to each labor union or representative of workers with which he
has a collective bargaining agreement or other contracfi or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under Section 202 of the Execufiive
Order No. 11246 of September 24•, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of '
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor. :
(5) The contractor will furnish all information and reports required by Executive Order No.
11246 of September 24, 1965, �nd by the rules, regulations, and orders of the Secretary
of Labor, or pursuant thereto, and will permifi access to his books, records, and accounts
by the contracting agency and the Secretary of Labor for purposes of investigation to
ascerfiain compliance with such rules, regulations, and orders.
(6) In the event of the contractor's non-compliance with the nondiscrimination clause of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared
5
ineligible for further Government contracts in accordance with procedures authorized in
Executive Order No. 11246 of September 24, 1965, and such other sanctions may be
imposed and remedies invoked as provided in Executive Order No. 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(7) The contractor will include the provisions of Paragraphs (1) through (7) 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 no. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The contractor will take such action with respect to any subcontract or purchase
order as the contracting agency 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 with a subcontractor or
� vendor as a result of such direction by the contracting agency, the contractor may
request the United States to enter into such litigation to protect the infierests of the
United States.
11. Parfies 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 for the performance of any terms of this contract.
%'-�,�,.'J
�, �- �, j--.-A
/ �.:�� _...% l�C�'"%��..�' � � /l�
�Way� Iler ,n Date
� � � � ���� I
�` � _7
Braxtor�SConst � �� Date ,
�' (��G2��� �
Title
Approved by City on _,�i t���t . �� , 2018
By: ��~ v i —
Kris Neyen
Rehabilitation Programs Supervisor
Mailed to Contractor and effective on � , 2018
6
CERT'IFICo4T106V REGARDiiVG LO��Y9�lG
Ce�ific�tio� fior Cor�trac�s, G¢�ar�ts, Loans, and Coopera�ive Agreements
The undersigned certifies, to fihe best of his or her knowledge and belief, that:
(1) No Federal appropriafied funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,
and the extension continuation renewal amendment or modification of any Federal contract,
grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Gongress, or an employee of � Member of
Congress in connection with this Federal contract, grant, loan or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report •
Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this '
transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transacfiion imposed by section 1352, title 31, U.S. Code. Any '
person who fails to file the required certificafiion shall be subject to a civil penalty of not less than
$1a,000 and not more than $100,000 for each such failure.
� �
Sigrtature of Autho►'ized Ce1-�ifying Official (examp�e:�ompany owner) 1"itle '
Braxfion Const � "�� � '��"l �j
AppllCant OP'gall ZafI01l (exam :Name of Co p y) Date Submitted
���i��c��io� �eg�rd°o�� D�b��cn�n�y ��.Sp��.bOOG�y 9c���ag�ba�'sty ��d �o�un��a�y
Exc�u�oo�
(1.) The participant certifies by submission of this proposal, that neither it nor its principals is ,
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the participant ' unable to certify to any of the statements in this certification, such
prospectiv 'p�articipan �all at � n exp nation to this proposal.
� � ry
�,,.,��� '�W� - _�'�l M „����`po.._.,�.�,.�' ( `��
�o P_.
��gnature of u�horized C �4i'ying OffiCial (example:Comp �,�- Title
Braxton Const �
AppllCant Oi'C�aillZa�lOn (example:Name of Company) Date Submitted
7
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