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Request to Reconsider a Denial of Claim by Patrick Konzen
City of Dubuque ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: Copyrighted March 2, 2020 Action Items # 2. Request to Reconsider a Denial of Claim by Patrick Konzen Correspondence from Council Member David Resnick requesting reconsideration of the denial of a claim against the City filed by Patrick Konzen. Suggested Disposition: Receive and File; Council ATTACHMENTS: Description Resnick Request to Resconsider Konzen Claim City Manager Memo 2/27/20 Senior Counsel Memo 2/27/20 Housing Director Memo 2/27/20 Claim Appeal Letter from Patrick Konzen Staff Memo 2/7/20 Konzen Claim Konzen Additional Information 013020 Konzen Additional Information 010820 Bee Branch Healthy Homes Rehab Contract Bee Branch Healthy Homes Project Completion & Release Form City Denial Letter I CAP Denial Type Supporting Documentation City Manager Memo Staff Memo Staff Memo Supporting Documentation Staff Memo Supporting Documentation Supporting Documentation Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation Kevin Firnstahl From: David T. Resnick Sent: Friday, February 21, 2020 8:26 AM To: Kevin Firnstahl Subject: Request for reconsideration Mr. Firnstahl, This serves as official notice to have Consent Agenda item #4 - denial of claim by Patrick Konzen - from Feb 17, 2020 reconsidered at the March 2nd, 2020 council meeting. David Resnick Sent from my iPad On Feb 20, 2020, at 4:26 PM, Kevin Firnstahl <Kfirnsta@cityofdubuque.org> wrote: Council Members, The draft City Council Agendas for Budget Hearings #'s 2, 3 & 4, February 25, 26 & 27 are now available at https://cityofdubuque.novusagenda.com/BoardWeb • Please remember that dinner will be served at 5:30 p.m. in Room 250 prior to each of these hearings. • Presentations will be available online after 2:00 p.m. the day of each hearing. Please contact me if you have any questions or difficulty accessing the agenda. Thank you. Kevin S. Firnstahl, City Clerk 50 W. 13th Street Dubuque, IA 52001 kfirnsta@cityofdubuque.org 563-589-4100 581-6473 (cell) 588-1853 (home) I. Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pat Konzen Claim DATE: February 27, 2020 Dubuque CRY i 111" 2007.2012.2013 2017*2019 City Attorney Barry Lindahl has provided a detailed timeline of reviews and complaints received from Pat Konzen on the project at 3145 Windsor. Housing & Community Development Director Alexis Steger has provided information on what was done related to Mr. Konzen's complaints. Housing & Community Development Director Alexis Steger is still recommending denial of Mr. Konzen's complaints. I concur with the denial and respectfully recommend Mayor and City Council denial of the claim. AA'114 'k.-=,/kaii, Michael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Barry Lindahl, Senior Counsel Alexis Steger, Housing & Community Development Director Pat Konzen Masterpiece on the Mississippi BARRY A. LINDAHL, ESQ. SENIOR COUNSEL MEMO Dubuque IIHIneMp City 111111 1II 2007.2012.2013 2017*2019 To: Crenna M. Brumwell, City Attorney DATE: February 25, 2020 RE: Patrick Konzen Claim Denial Appeal Below and attached is a history of the project relating to the Patrick Konzen claim. Attachment #1 Specifications Attachment #2 02/15/18 Bids opened. $26,561 bid from Ace Construction was low bid Attachment #3 02/23/18 Contract signed Attachment #4 05/10/18 Project Completion and Release Form signed * (Konzen said 30 phone calls to East Central Intergovernmental Association (ECIA) and 20 visits to his house by ECIA and City) Attachment #5 09/05/18 ECIA Response to Konzen complains Attachment #6 10/04/18 City notification of grievance procedure Attachment #7 11/15/18 ECIA Response to Konzen complaints Attachment #8 01/03/19 ECIA Response to Konzen complaints Attachment #9 02/13/19 ECIA Response to Konzen complaints Attachment #10 03/08/19 ECIA Response to Konzen complaints Attachment #11 04/15/19 City notification that project will be closed because "all work was done accurately, completely and efficiently". OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org Attachment #12 05/17/19 Claim filed, referred to Iowa Communities Assurance Pool (ICAP) ICAP Claim Representative Brenda Snyder had numerous telephone calls with Konzen. After reviewing the file with Alexis Steger and Kris Neyen of the City of Dubuque Housing & Community Development Department, Brenda concluded that the work has been properly completed. After Brenda concluded ICAP would deny the claim, I got involved. My plan was to get a meeting with Ace Construction, Burds Waterproofing, Alexis, Kris, Mr. Konzen and me. Ace and Burds refute that the work was not done properly but agreed to meet. However, after I discussed the situation with Alexis and Kris, I decided there was no need for the meeting. Attachment #13 Because it was so difficult to sort through all of Konzen's complaints, I asked him on 12/30/19 to clearly specify for me what his complaints were. Attachment #14 He provided me with a list which I discussed with Alexis and Kris. According to them, all of the complaints, other than the mold issue, had been addressed. He won't let the contractors back in to do any mold abatement. Attachment #15 I then sent him the denial letter. BAL:tls Attachments cc: Michael C. Van Milligen, City Manager Alexis Steger, Housing & Community Development Director F:\Users\tsteckle\Claims\Konzen Patrick\Brumwell_History_022520.docx 2 ATTACHMENT #1 BID AND PROPOSAL CITY OF DUBUQUE BEE BRANCH HEALTHY HOMES PAGE 1 OF 10 SPECIFICATIONS FOR THE RESIDENCE OF Pat Konzen 971-190304 3145 Windsor Avenue, Dubuque, IA 52001 563-557-7159 Proposal of hereinafter called "Bidder"), organized and existing under the laws of the State of Iowa doing business as_ *. (*Insert "a corporation", "a partnership", or "an individual" or as legally applicable.) To the City Council of the City of Dubuque, Iowa (hereinafter called "CITY".) In compliance with your Advertisement for Bids, BIDDER hereby proposed to perform all WORK for the residence of Konzen located in Dubuque, IA, in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of his BID, each BIDDER certifies and, in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter related to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence work under this CONTRACT on or before a date to be specified in the Notice to Proceed and to fully complete the project with 90 consecutive calendar days thereafter. The Notice to Proceed will be issued within 10 days of the bid opening. BIDDER acknowledges receipt of the following ADDENDUM: BID SCHEDULE NOTE: 1. Bids shall include all applicable taxes and fees. 2. BIDDERS shall not add any conditions or qualifying statements or modify this proposal or the proposal may be declared irregular as being not responsive to the Notice. c.#. 3 BIDDER agrees to perform all the WORK described in the CONTRACT DOCUMENTS for the following unit prices or indicated sums: 01A Purchase a building permit from the City of Dubuque as necessary for this project. It is the contractors responsibility to schedule all inspections, as required, with the City of Dubuque Building Services Department. /CD SPEC # DESCRIPTION BID AMOUNT BASEMENT 01 Within the basement area location left rear, remove the concrete floor and over dig the hole for the sump jar by about six inches in all directions. Install about 18 inches out from the corner. Fill the area around the 18 by 30 sump jar and around the tile with clean gravel. Re -cement the removed concrete floor and finish smooth. This sump jar must have a sealed lid. Install a 3/4 HP sump pump with backflow valve and discliai gc o flit cntct ivi nuam g, aa Tcvcl. Also, install a battery backup sump pump to discharge in the same location with a minimum pump rate of 2,000 GPH. Install with backflow valves. Install a 1.5-inch air admittance valve near the ceiling to vent the sealed sump jar. Provide a dedicated 20 AMP receptacle in accordance with NEC requirements. Use conduit drop and install to code and City requirements. A City permit and inspection may be required on some of these items. Take precaution/ C., 5-0 to reduce dust on the main level with floor protection, and seal off the basement when working. 02 Remove the flooring along the wall to the toilet/shower in both directions from the sump. Remove soil to about 12 inches deep and install 3-inch drain tile to the sump pump and clean gravel around the tile. Drill holes from the base of the block wall with'/. inch holes and install tubing to the top of the drain the (one tube per block). caulk before cementing. Recement ana finis smooth. 0,2/ 'Cc v 03 Remove the paneling on the walls by cutting directly below the drop ceiling. Dispose of all material on inside and outside walls. 04 Clean the basement walls and paint all with two coats of white water block style paint. Install per manufacture installation instructions. Remove any loose paint from the exterior walls. r, a 05 Vacuum clean the basement floors. Spray all the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. L 'f2D 06 Install a Panasonic exhaust fan with a three -speed DC fan ((50,80,1 10), or variable speed) or approved equal, and vent to the exterior of the house with solid insulated pipe. Install with a humidity sensor (extra from manufacture). Install on lowest speed or as needed for the size ie'iroascr i1' 1Ta a central location. Install to manufactures installation requirements. Correct . 07 Paint the basement window sashes, jambs, and all painted areas with two coats of white paint to cover. PRESUMED LEAD HAZARD. HOUSE OTHER 08 Paint the rear door jamb previously painted jamb areas. PRESUMED LEAD HAZARD — AAA- -Ernt d.Lt,C — 09 Paint the second -floor windows with two coats of paint to cover. This is all previously painted surfaces with sash, jamb, sill, trough, and trims. PRESUMED LEAD HAZARD 10 Replace the gutters with 6 inch gutters with gutter guard. Install large down spouts and extend away from the house as best as possible. White in color. 11 Install a Carbon Monoxide alarrn with a 10-year battery. Install on the lowest habitable level with finished room, and in accordance wih manufacturer installation re uirements. If you need "T-ocation clanrcation, ask for guidance before installation. Near the thermostat may be a likely option. sv OrD 3sv 12 Remove the sidewalk on the right side of the house from the rear corner to the front sidewalk. Raise the sidewalk as high as possible on the house and pin to the house. Slop away from the house at about 3/16 inch drops per foot. Install four -inch solid drain tile from the rear down scout to the front down spout. Make sure tile has adequate slope Tor drain. Use square drain openings at grade level with grated cover so that the tiles are not directly connected to the drain tile. Run tile under the sidewalk to the grass slop on the lett side of the lot (lower level). install new concrete gradeU away 'IirSTIT ?5e'ii�use ana fiinisfi smooth. Grp Cut to quarter UepliiTwalfi into equaisquares. Install about 4-inch-thick witli number 3 bar 18" O.0 square. —� — --- DUBUQUE BBHH RESILIENCY PROGRAM — 3145 Windsor Avenue, Dubuque Page 2 of 10 ATTACHMENT #2 a regional response to local needs Pat Konzen 3145 windsor Dubuque, IA 52001 February 15, 2018 Dear Pat, ECIA Bids for the BBHH Flood Resiliency project on your home were opened February 2, 2018. Bids received have been reviewed and Ace Construction is low bidder at $26,561.00. We will contact you in the near future to sign contract documents to allow the work to begin. Enclosed is a bid summary for each project. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563-556-4166. Sincerely, Elizabeth Kemp Rehab Specialist I Dubuque Metropolitan Area Transportation Study I Eastern Iowa Development Corporation I Eastern Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, Inc. I Region 1 Employment and Training I ECIA Regional Planning Affiliation I Region 8 Regional Transit Authority I 7600 Commerce Park, Dubuque, IA 52002I www.ecia.org Iecia@ecia.org I 1563.556.4166 I Iowa only: 800.942.4648 I Relay Iowa 800.735.2943 1: 563.556.0348 DUBUQUE BEE BRANCH HEALTHY HOMES (BBHH) REHABILITATION CONTRACT, PROJECT NUMBER: 971-190304 13-NDRH-001 TO: Pat Konzen (hereinafter referred to as the "OWNER") Street Address: 3145 Windsor Avenue City, State & Zip Code: DUBUQUE, IA 52001 AND TO: CITY OF DUBUQUE, IOWA (hereinafter referred to as the "CITY OF DUBUQUE"), 50 W. 13"' Street, Dubuque, IA 52001. (City Hall) From: Ace Construction (hereinafter referred to as the "CONTRACTOR") Street Address: 1212 Miller Rd. City, State & Zip Code: Dubugue, IA 52003 State Contractor License# C118663 Telephone Number 563-495-8193 GENERAL CONDITIONS 1. Each Bid and Proposal for the Project shall be opened at the date and time specified in the Invitation to Bid and shall be an irrevocable and continuing Bid and Proposal, which the CITY OF DUBUQUE may accept for a thirty (30) day period from said date and time. 2. The Bid and Proposal shall be accepted by the CITY OF DUBUQUE and OWNER upon approval of a Housing Rehabilitation Grant. If such Grant is disapproved, the entire Bid and Proposal is null and void. The CITY OF DUBUQUE has retained EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION hereinafter referred to as "ECIA" to provide assistance in the administration of this contact. 3. The OWNER is obligated to issue a written Proceed Order within ten (10) days from the acceptance of the CONTRACTOR'S Bid and Proposal, and no work shall be commenced by the CONTRACTOR until such notice has been received. If the Proceed Order is not received by the CONTRACTOR within this period, the CONTRACTOR has the option of withdrawing his or her Bid and Proposal. 4. The CONTRACTOR shall commence work within seven (7) days after issuance of the Proceed Order. 5. The CONTRACTOR shall satisfactorily complete all work within 60 calendar days after the issuance of the Proceed Order, unless an extension is granted by the City in the form of a written change order. Due to difficulties involved in determining actual damages caused by unreasonable delay in the completion of Contractor's duties, it is agreed that a liquidated amount for damages should be set forth herein. Contractors agrees that liquidated damages in the amount of $50 per day is a fair, reasonable and appropriate method for determining reimbursement of damages to the City of DUBUQUE, Iowa, under the terms of this contract. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 1 of 11 6 ATTACHMENT #3 DUBUQUE BEE BRANCH HEALTHY HOMES (BBHH) REHABILITATION CONTRACT, PROJECT NUMBER: 971-190304 13-NDRH-001 TO: Pat Konzen (hereinafter referred to as the "OWNER")S,6 , ") Street Address: 3145 Windsor Avenue City, State & Zip Code: DUBUQUE, IA 52001 AND TO: CITY OF DUBUQUE, IOWA (hereinafter referred to as the "CITY OF DUBUQUE"), 50 W. 13th Street, Dubuque, IA 52001. (City Hall) From: Ace Construction (hereinafter referred to as the "CONTRACTOR") Street Address: 1212 Miller Rd. City, State & Zip Code: Dubuque, IA 52003 State Contractor License# C118663 Telephone Number 563-4)5-8193 GENERAL CONDITIONS 1, Each Bid and Proposal for the Project shall be opened at the date and time specified in the Invitation to Bid and shall be an irrevocable and continuing Bid and Proposal, which the CITY OF DUBUQUE may accept for a thirty (30) day period from said date and time. 2. The Bid and Proposal shall be accepted by the CITY OF DUBUQUE and OWNER upon approval of a Housing Rehabilitation Grant. If such Grant is disapproved, the entire Bid and Proposal is null and void. The CITY OF DUBUQUE has retained EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION hereinafter referred to as "ECIA" to provide assistance in the administration of this contact. 3. The OWNER is obligated to issue a written Proceed Order within ten (10) days from the acceptance of the CONTRACTOR'S Bid and Proposal, and no work shall be commenced by the CONTRACTOR until such notice has been received. If the Proceed Order is not received by the CONTRACTOR within this period, the CONTRACTOR has the option of withdrawing his or her Bid and Proposal. 4. The CONTRACTOR shall commence work within seven (7) days after issuance of the Proceed Order. 5. The CONTRACTOR shall satisfactorily complete all work within 60 calendar days after the issuance of the Proceed Order, unless an extension is granted by the City in the form of a written change order. Due to difficulties involved in determining actual damages caused by unreasonable delay in the completion of Contractor's duties, it is agreed that a liquidated amount for damages should be set forth herein. Contractors agrees that liquidated damages in the amount of $50 per day is a fair, reasonable and appropriate method for determining reimbursement of damages to the City of DUBUQUE, Iowa, under the terms of this contract. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 1 of 11 7 As such, for each calendar aay that any work, including all contract bid items, change order items, and complete clean up of the project site remains uncompleted after expiration of the contract time as herein stated, the Contractor will pay as liquidated damages to the City of DUBUQUE, Iowa, the sum of $50 for each day until completion. 6. Payment under this Contract shall be: Progress payments shall be made based on the percentage of work item completed, with an amount not to exceed twenty (20) percent withheld until such time all work is completed, inspected and approved by ECIA, the CITY OF DUBUQUE, and OWNER. Requests for progress payments and final payment shall be made by using the standard forms provided by ECIA and no payments shall be disbursed until all required lien waivers and manufacturer's warranties have been delivered by the CONTRACTOR to ECIA, and the CITY OF DUBUQUE and ECIA has inspected, approved and verified the completed work claimed. 7. Measurements stated in the Project Specifications ("Exhibit A", attached), or Drawings ("Exhibit B", if applicable, attached) are only approximate. The CONTRACTOR is responsible for making exact measurements to assure that the specific items called for in the Project Specifications or Drawings will be completely provided for. The intent of the Project Specifications, Drawings (if any) and the ECIA Housing Rehabilitation Specifications is to serve as guidelines, and any omissions in the description of workmanship do not relieve the CONTRACTOR of delivering a completed project in a workmanlike manner, in accordance with generally accepted practices. 8. The CONTRACTOR shall be required and agrees to: A. Furnish evidence of the following minimum insurance coverage and limits: Refer to the full BID AND PROPOSAL SPECIFICATIONS FOR THE RESIDENCE The CONTRACTOR shall submit a Certificate of Coverage to ECIA for approval, and no cancellation or change shall be permitted without a written notice of such change or cancellation, which must be presented to ECIA ten (10) days prior to any such alteration. If coverage is due to expire during the contract period, a new Certificate of Coverage shall be presented to ECIA. It is further specifically stipulated that the Insurance Coverage shall include an endorsement, by CONTRACTOR'S Insurance Carrier, that so far as CONTRACTOR'S Insurance Coverage is concerned, it is specifically agreed that said Carrier shall never, in connection with any tort litigation arising under said coverage herein, assert the defense of nonliability based upon the fact that the CITY OF DUBUQUE is a governmental instrumentality and is immune to suit. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 2 of 11 8 B. To provide information as necessary and as requested by the Iowa Economic Development Authority for the purpose of fulfilling all reporting requirements related to the CDBG program. C. If the activity cost exceeds $2,000 and the property is designed for the residential use of twelve or more units (Home funds) or eight or more units (CDBG funds) pay wages at rates not less than those prevailing on similar construction in the locality as determined by the U.S. Secretary of Labor to all laborers and mechanics employed by contractors and subcontractors, in the performance of construction work financed in whole or in part with federal funds. D. Obtain and pay all permits and licenses necessary for the execution and completion of the work and labor to be performed. D. Perform all work in accordance with the Project Specifications, Drawings (if applicable) and ECIA Housing Rehabilitation Specifications. Where the Project Specifications, Drawings (if applicable) or ECIA Housing Rehabilitation Specifications are silent or ambiguous, the CONTRACTOR shall immediately contact ECIA for appropriate instructions. If the Project Specifications, Drawings (if applicable) or ECIA Housing Rehabilitation Specifications conflict with local codes or ordinances, the more stringent requirement shall apply. The rehabilitation of residential structures with assistance provided under this Contract is subject to Title IV of the Lead Based Paint Poisoning Prevention Act (42 USC 4831) as implemented through regulations contained in 24 CFR, Part 35. Only first class materials shall be used, unless otherwise specified. E. Comply with the U.S. Department of Housing and Urban Development Lead Safe Housing Regulations — 24 CFR Part 35, et al, "Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance: Final Rule." G. 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 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 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 3 of 11 9 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 such 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 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 (I) 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 interest of the United States." Per 2 CFR 200.322, the CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. H. The premises shall be kept clean and orderly by the CONTRACTOR during the course of the work, and all debris shall be removed at the completion of the work. Materials and equipment that are removed and replaced as part of the work shall belong to the CONTRACTOR, unless other arrangements are made and approved by ECIA. I. Assignments or modifications of this Contract shall not be made without written consent from the OWNER and ECIA. Such a request shall be made in writing and shall be addressed to ECIA. J. Work performed under this Contract shall be guaranteed for a minimum period of one (I) year from the date of final acceptance, except where longer warranties are specified in the ECIA Housing Rehabilitation Specifications. All manufacturers' and suppliers' written 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 4 of 11 10 guarantees and warranties covering materials and equipment furnished under this Contract shall be given to the OWNER in care of ECIA. K. ECIA and the CITY OF DUBUQUE shall be permitted to examine and inspect the work on a continuing basis. 9. The CONTRACTOR will perform the removal, storage and replacement of rugs, coverings and furniture, as required. 10. The premises shall be occupied during the course of the work under this Contract and the OWNER will cooperate with the CONTRACTOR to facilitate the performance of the work. 11. The CONTRACTOR will defend, indemnify and hold harmless the OWNER, ECIA, the CITY OF DUBUQUE and its officers, commissioners and employees from liability and claims for damages because of bodily injury, death, property damage, sickness, disease or loss and expense arising from any of the CONTRACTOR'S actions under this Contract. 12. The CONTRACTOR shall protect, defend and indemnify the OWNER from any claims for unpaid work, labor or materials. Payment shall not be due the CONTRACTOR until ECIA has received complete release of all liens arising out of this Contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the OWNER and the CITY OF DUBUQUE all to the satisfaction of ECIA. 13. No modification of this Contract shall be made except by written Change Order, signed by the CONTRACTOR, accepted by the OWNER, and approved by ECIA. Any changes made to this Contract without obtaining such approval shall be the CONTRACTOR'S liability. No work shall be done until written change orders are executed and signed. 14. No public official or board or commission member of the CITY OF DUBUQUE or employee of ECIA shall have any interest, direct or indirect, in this Contract. 15. The Contract consists of the: A. Invitation to Bid B. General Conditions C. Bid D. Form of Bid Bond E. Notice of Award F. Notice to Proceed and the following documents incorporated herein by reference and identified as follows: "EXHIBIT A" PROJECT SPECIFICATIONS "EXHIBIT B" DRAWINGS (if applicable) "EXHIBIT C" ECIA HOUSING REHABILITATION SPECIFICATIONS 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 5 of 11 11 16. Disputes or claims pertaining to the Project Specifications, Drawings of applicable), ECIA Housing Rehabilitation Specifications or workmanship will be mediated by ECIA and a written determination of finding will be provided the OWNER, CONTRACTOR and the CITY OF DUBUQUE. If any interested party desires to contest such finding, a written request for review shall be submitted to the Rehabilitation Specialist of ECIA, who shall present the grievance before the Rehabilitation Committee of the CITY OF DUBUQUE. The proceeding shall be at the earliest possible time, but in no instance more than four (4) weeks from the date of receipt of the written request. The determination of the Rehabilitation Committee of the CITY OF DUBUQUE shall be final and binding on all interested parties. 17. If the CONTRACTOR defaults or neglects to carry out the work in accordance with this Contract, or fails to perform any provision of this Contract, the CITY OF DUBUQUE may, after seven (7) days written notice from the Rehabilitation Specialist of ECIA to the CONTRACTOR and without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the CONTRACTOR. If the unpaid balance of the contract sum exceeds the expense of finishing or correcting the work, such excess shall be paid to the CONTRACTOR. If such expense exceeds the unpaid balance of the Contract, the CONTRACTOR shall pay the difference to the CITY OF DUBUQUE. The CITY OF DUBUQUE reserves the right, upon recommendation of the Rehabilitation Specialist of ECIA, to terminate this Contract for reasonable cause. Reasonable cause shall be generally defined as any action which demonstrates unwillingness on the part of the CONTRACTOR to carry out the work in a timely and professional manner with a minimum of inconvenience to the OWNER. Such actions may be explicit or implicit and include, but are not necessarily limited to: A. Failure by the CONTRACTOR to keep scheduled appointments with the OWNER or ECIA. B. Flagrant disregard by the CONTRACTOR of the rights of the OWNER under this Contract, including the misrepresentation of any provision of the Project Specifications, Drawings (if applicable), or ECIA Housing Rehabilitation Specifications. C. Consistent production of unacceptable work by the CONTRACTOR. The Rehabilitation Specialist of said ECIA shall be the interpreter of the conditions of termination of this Contract and the sole judge of its performance. The Rehabilitation Specialist of said ECIA shall further provide the CONTRACTOR seven (7) days written notice of termination and the CONTRACTOR shall be compensated for all approved work performed up to the date of said notification. 18. Neither the final payment nor any provision of this Contract, nor partial or entire use of occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with this Contract or relieve the CONTRACTOR of liability in respect to any express warranties or responsibility for faulty materials or installation. The CONTRACTOR shall promptly remedy any defects in the work performed hereunder, and pay for any damage to the building or its contents resulting therefore, which may appear within a period of one (I) year from the date of final acceptance of the work. The OWNER shall give prompt written notice of observed defects in materials or installation to the CONTRACTOR and ECIA. 19. Final payment will be made to the CONTRACTOR when the Rehabilitation Specialist determines, thirty (30) days after a final inspection, that all work provided for in the Contract has been satisfactorily completed in a good and workmanlike manner, and in accord with all other 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 6 of 11 12 conditions of the Contract. The homeowner hereby agrees as a condition of receipt of the rehabilitation grant to execute the necessary documents to release final payment once the Rehabilitation Specialist has declared the CONTRACTOR'S performance complete and has approved final payment. If the OWNER or CONTRACTOR wish to contest the Rehabilitation Specialist's determination regarding final payment, procedures as set forth in Item 16 shall be followed. 20. Nothing contained herein shall establish the CITY OF DUBUQUE in this Contract as other than a grantor of funds with authority to review and inspect work performed under this Contract to the end that funds will be efficiently used as intended for the betterment of the Community in general and the OWNER in particular. 21. Prior to executing this Contract, the CONTRACTOR certifies that he or she has thoroughly inspected the premises and has determined the conditions of occupancy, availability of temporary utilities and identified any hazards or special conditions that might arise during the course of the work. If water, electricity or telephone service is connected to the premises at the time this Contract is executed, the OWNER shall permit the CONTRACTOR to use any such services so connected without charge during the course of the work. The telephone may be used by the CONTRACTOR for non -toll calls only. Any binding provisions between the OWNER and CONTRACTOR shall be set forth in this Contract; neither the CITY OF DUBUQUE nor ECIA shall become involved in a dispute between the OWNER and the CONTRACTOR arising from work performed outside this Contract. 22. It is hereby specifically set forth that only the work called for is subject to this Contract. The CONTRACTOR and/or OWNER shall be required to abide by the terms of this document, when properly executed, regardless of any other "side agreements" or "changes" oral or written. Any "side agreements" or "changes" shall have no effect on this document and the CONTRACTOR understands that he is entering into these "side agreements" or "changes" at his own risk. Neither will the CITY OF DUBUQUE uphold the OWNER for any items completed by the CONTRACTOR which are not specifically covered by this document. 23. Should serious structural deficiencies and/or building code violations be found during the course of the work, and such deficiencies are such that they would not be apparent prior to the commencement of work to a skilled and prudent contractor experienced in the type of work hereunder, the CONTRACTOR shall not be required to correct any such deficiencies under this Contract unless a price adjustment is agreed upon by the OWNER and CONTRACTOR and approved by ECIA. 24. The CONTRACTOR certifies and represents that he or she is not now, nor has he or she ever been, barred from participating in federal contracts. 25. The CITY OF DUBUQUE reserves the right to institute legal proceedings on behalf of the OWNER in any and all instances where the CONTRACTOR refuses to comply with the stipulations of this Contract. However, no such action will be instituted until all reasonable attempts to resolve the noncompliance have failed. 26. The CONTRACTOR and subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of the work to give up any part of the compensation to which he or she is entitled. 27. The CONTRACTOR shall provide ready access to any books, documents, papers and records which are pertinent to a specific Grant for the purpose of making audit, examination, excerpts and 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 7 of 11 13 transcriptions to the CITY OF DUBUQUE, Iowa Economic Development Authority, the Department of Housing and Urban Development, the Comptroller General of the United States, or any duly authorized representatives for a period not less than five (5) years from the date of final payment. 28. The CONTRACTOR agrees that in the event of the death of the OWNER, not survived by a spouse prior to the commencement of the work, this Contract shall terminate immediately. The CONTRACTOR further agrees that should the death of the OWNER occur after commencement of the work, but before completion and acceptance, this Contract shall also terminate immediately; provided, however, that the CONTRACTOR shall be allowed to continue that phase of the work commenced, as is necessary to complete that segment of the work being carried out at the time of the OWNER'S death. In such event, the CONTRACTOR shall be reimbursed on the basis of a proration of the completed work as compared with the work remaining to be completed. In either case of the termination of this Contract upon the OWNER'S death, the OWNER'S estate, the CITY OF DUBUQUE and ECIA shall be released and relieved of any such duties and obligations under this Contract, except as listed in this clause. 29. The CONTRACTOR agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 and as amended (12 U.S.C. 1701u), set forth as follows: A. The work to be performed under this Contract is on a project assisted basis under a program provided for by direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of said Section 3 clause. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area 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 CONTRACTOR certifies that he or she is under no contractual or other disability which would prevent compliance with the Section 3 clause. C. The CONTRACTOR shall include the Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the CITY OF DUBUQUE or ECIA take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation. The CONTRACTOR shall not subcontract with any subcontractor where he or she has notice or knowledge that the latter has been found in violation of the Section 3 clause and shall not let any subcontract unless the subcontractor has first provided the CONTRACTOR a written statement of ability to comply with the Section 3 clause. D. Each labor union or organization with which the CONTRACTOR has a collective bargaining agreement, contract or understanding, if any, shall be sent a notice advising the said organization of the CONTRACTOR'S commitment under the Section 3 clause. The CONTRACTOR shall post such notice in conspicuous places available to employees and applicants for employment or training. 30. The CONTRACTOR agrees to comply with Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309) which provides that no person shall be excluded from participation (or employment) in, denied program benefits of, or be subjected to discrimination under any program or activity funded in whole or part with CDBG funds on the basis of his or her race, color, religion or religious activities, handicap, age, sex or national origin. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 8 of 11 14 31. The CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which provides that no person shall be excluded from participation, denied benefits or subjected to discrimination because of race, color, religion, sex or national origin under any program or activity receiving federal financial assistance. 32. The CONTRACTOR agrees to comply with the Title VIII of the Civil Rights Act of 1968, as amended, which provides that no person shall be discriminated against in the sale, rental, financing or provision of brokerage services for housing because of race, color, religion, sex or national origin. 33. The CONTRACTOR agrees to comply with Executive Order 11063, as amended by Executive Order 12259, which provides that no person shall be discriminated against in the sale, leasing, rental or disposition of residential property or use of occupancy under any program or activity receiving federal financial assistance because of race, color, religion, sex or national origin. 34. The CONTRACTOR agrees to comply with the Age Discrimination Act of 1975, as amended (42 U.S.C. 1601 et seq.), which provides that no person shall be discriminated against participation or denied benefits in the sale, leasing, rental, disposition, or rehabilitation of residential property or use of occupancy under any program or activity receiving federal financial assistance because of age. 35. The CONTRACTOR agrees to comply with Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112, 29 U.S.0 794), which provides that no person shall be discriminated against participation or denied benefits under any program or activity receiving federal financial assistance solely because of a physical or mental handicap. 36. The CONTRACTOR agrees to comply with the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213), which provides that no person shall be discriminated against participation or denied benefits in the areas of employment, public accommodations, state and local government services, and telecommunications because of a disability. 37. The CONTRACTOR agrees to comply with Federal Executive Order 11246, as amended by Executive Order 11375 which provides that no one be discriminated in employment. 38. The CONTRACTOR agrees to comply with Federal Executive Order 11063, as amended by Executive Order 12259. 39. It shall be unlawful for any OWNER of any property receiving assistance from any government program to discriminate against any contractor, subcontractor, supplier, inspector, journeyman, or any other person involved in the rehabilitation process, on the basis of race, color, religion, sex, national origin, age, physical or mental handicap, or sexual orientation. If any such discrimination occurs, the assistance shall be immediately cancelled and no assistance will again be made available to that OWNER. All funds allocated to the OWNER shall be immediately returned to the source of funding and if payments have been expended the OWNER shall reimburse the amount expended to the CITY OF DUBUQUE and/or the Federal government. The work on the project shall also be immediately stopped and it shall be the responsibility of the OWNER to complete the rehabilitation process by their own means with no assistance from the CITY OF DUBUQUE. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 9 of 11 15 40. The CONTRACTOR and O1rvNER by entering into this Contract, do by said act, warrant and represent, that to the best of their knowledge, no officer, employee, or agent of the said CITY OF DUBUQUE who exercises any function or responsibilities in connection with the carrying out of the Project to which this Contract pertains, has any personal financial interest, direct or indirect, in this Contract. 41. The OWNER shall release all monies due the CONTRACTOR for work satisfactorily performed under this Contract regardless of any problem, complaint or dissatisfaction with work or materials contracted for, either orally or in writing, outside of the scope of this document. 42. The OWNER shall sign a promissory note to secure the full amount of the grant prior to • authorizing the CONTRACTOR to proceed with the work. At the completion of the work on the OWNER'S house, the note with any necessary revisions to the amount shall be recorded with the County Recorder. 43. The CONTRACTOR agrees to comply with the certification regarding government -wide restriction on lobbying as follows: CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING. The CONTRACTOR certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid by or on behalf of Recipient, to any person for influencing or attempting to influence an officer or employee or any 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. B. 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, or an employee of a Member of Congress in connection with this Federal contract, grant loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL-"Disclosure Form to report Federal Lobbying" in accordance with its instruction. B. CONTRACTOR shall require that the language of this certification be included in the award documents for all sub -awards 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 Tess than $10,000 and not more than $100,000 for each such failure. 44. The CONTRACTOR agrees to comply with Iowa Civil Rights Act of 1965 which mirrors the Federal Civil Rights Act. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 10 of 11 16 In consideration of the agreements herein set forth, the CONTRACTOR proposes to furnish and install all the materials and perform all the work described in, and in accordance with, the Contract identified in Section 15 of the General Conditions for the lump sum of $ 26,561.00 . ** This amount includes all sales and other taxes. The undersigned agree to all provisions of this Contract. CONTRACTOR Officer's Signature: CITY OF DUBUQUE Representative's Signature: OWNER Owner's Signature: Date: a Owner's Signature: Date: ATTESTED TO BY: Program Manager's S. CITY OF DUBUQUE 2 3- aci/' Date: City Manager's Signature: Date: )/�,/0" 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 11 of 11 17 ATTACHMENT #4 Masterpiece on the Mississippi Bee Branch Healthy Homes Program Project Completion and Release Form Project # 971-190304 Project Address: 3145 Windsor Ave, Dubuque, IA 52001 Dubuque u-A i4CR! I I / l°1 Tl �_ 2007.2012 2013.2017 Date work completed: May 10, 2018 Construction work has been completed -in a satisfactory manne(7. Contractor will submit final invoice to City of Dubuque. I, Patrick A Konzen , do hereby release, cancel, forgive and forever discharge the City of Dubuque its officers, agents, employees, and subcontractors from and against any and all claims, demands, damages, obligations, causes of action, liabilities, controversies, damages and costs of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever related to the project at 3145 Windsor Ave, Dubugue, IA. I, Patrick A Konzen specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been omitted from this Release. This release does not waive: 1) The obligation of the City to make the final payment for construction work at 3145 Windsor Ave, Dubugue, IA to the Contractor. 2) The warranty provided for the work of the Contractor at (address). s /c Date S- ECIA Inspection RepresentatiDate City Dubuque Representative Date 18 BEE BRANCH HEALTHY HOME PROJECT BID ADDENDUM 1 BID MODIFICATION FOR: Project ID number: 971-190304 Owners name: Pat Konzen Address: 3145 Windsor Ave., Dubuque, 52001 January 30, 2018 REVISED SPECIFICATION: LJ " 08 Replace the gutters with 5 inch gutters with gutter guard. Install down spouts and extend away from the house as best as possible. The back gutter shall continue above the back door and be pitched to drain to the left of the home. The back downspout shall connect to the sump pump drain and be tiled underground to the slope in the yard. White in color. Install with splash blocks. Price: A S SAL few y ,J 10 Remove the sidewalk on the right side of the house from the rear corner to the front steps. Raise the grade so the slope pitches away from the house into a swale. Raise the sidewalk as high as possible on the house and pin to the house. Slope away from the house at about 3/16 inch drops per foot. Run tile under the sidewalk to the grass slope at the right front of the house. Make sure tile has adequate slope for drain. Use square drain opening at grade level with grated cover so that the tiles are not directly connected to the drain tile. Cut to quarter depth of walk into equal squares. Install about 4-inch-thick with number 3 bar 18" O.0 square. The new grade shall be seeded and covered with straw. �(•`e- ACC / r) Price _Mir ADDITIONAL SPECIFICATIONS: 11 Clean the basement walls and paint all with two coats of white water block style paint. Install per manufacture installation instructions. Remove any loose paint from the exterior walls. Price 12 Vacuum clean the basement floors. Spray all the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. Price Attach this form to your original bid document. ATTACHMENT #5 Pat Konzen 3145 Windsor Dubuque, IA 52001 / $ �i`r� --�� T a U r r:; mxi( 2s,7_ September 5,A 2 8 ` a Dear Pat, This letter is a follow-up to the site visit I conducted August 27, 2018. • First, I have enclosed the Panasonic fan information so that in the future you can make adjustments that you feel are necessary. • I have prepared change order that has been sent to Ace Construction so they can schedule the electrician to permanently wire the radon fan. • Regarding the appearance of mildew behind the caulk ant the floor wall junction. I talked to Aaron Burd regarding this and he really does not have an alternative to this caulk. A sealant needs to be in place and this is what he typically uses with success. The special caulk was put in to stop moisture from coming up from tile/concrete joint when the floor was sweating. It's a special caulking that can stretch, often put in where tile meets a door or something that has some expansion. It appears that the moisture has been stopped. What is behind the caulk is probably not a health risk and should not be able to spread beyond the caulk. At this time, I \ 6 do not recommend any action. SR/ O iu3 /y N CI' CA) c>ir /te ,vie /14& T 0 ReA4c e AJc/ if' A'e2//ir • There are areas of the concrete block wall where the paint is peeling. You had offered to ouch this up so we will provide you with the paint to do so. s'7—.¢iN /o CK S'/-(ir (-- = C' `/ • We will write a change order for downspout extensions. /(IO �'j' L Ace Construction or myself will be in touch as to when the identified repairs will be made. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563-556-4166. Sincerely, Elizabeth Kemp /14(/Ne Aee 3 �� Rehab Specialist /e- P e��� %mac/C Encl: Panasonic Fan Manual %,14w_Ge 07 _c0 j. r Dubuque Mehopolitan Area Transportation Study J Eo e , bwo Development Corporation J Eastern kcwa Regional Utility Services System I EaNitzr,i Iowa Regional Housing Authority J ECIA Business Growth, Inc. 1 Region 1 Employment and Training J ECIA Regional Planning Affiliation 1 Region 8 Regional Trait Authority J 7600 Commerce Park, Dubuque, IA 52002 J wWw.ecict.ong J ecia@ecia.org j 563.556.4166 L Iowa only: 800.942.4648 1 Relay lawn 800.735.2943 J 1 563.556.0348 I 7--f 1.) e)(7- /0 ii6.el nit<C__ 7/1G 64) 4,1 T yr 13 <rr- ,:ea".-f c-s-C/, ,_ .7/N dA-J'-E'_ 7 /4 7 /i'0 J7°(7-- /i/cJ,'ef w, - _--- /f'eivice,JTPO /ec 1 c e .74/(/ /7 /4/ rY,.1' 7 I.G' A/ e A) G 7 zo c 77 lac) e� 1 N� T c j,�' e-'ni- c F 7- e/21( / r7t°4✓C6)9M> 4v 7 2-tee # S w lY,` C/ Ai c 7/P4v C 4) /--f? 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O d t o v / N-` PA) % G 61eeR? Q6, 7/7�� S 0g ©/,e __ r 3 ct9 Deets/oN eiti� O/U y r C-1e//97/o ti / 6 4e.rc/u'e 111 /rives -Ft ►cf-f l s; iTf/ ,0o N'07 ,g C4et_ ITV o-P-_. Acce(i c. '?(Pec`7 - w Rr T Te /v ,-L- Dere �' �trluf�(CG N t N f1 T•r Mel rAStlA5A 11/1A:Clj A Aer,------- .3 /'75 waq_To A u k // 25 ATTACHMENT #6 Masterpiece on the Mississippi Dubuque �wra� 2007.2012 2013.2017 tL 110USIMG 0flvoanlam City of Dubuque Bee Branch Healthy Homes Program 350 W. 6th Street, Suite 312 Dubuque, IA 52001 Office (563) 690-6168 October 4, 2018 Pat Konzen 3145 Windsor Ave Dubuque, IA 52001 Dear Pat: Per your request, please see enclosed Performance Bond for your project at 3145 Windsor Ave. To file a grievance related to the project contract at your property, follow the below process. Please provide the nature of your concern and request of the program. This request must be made in writing. Please send or drop off the request at above address. The Housing Resiliency Committee will reach out to you, to schedule a time and date for a appeal hearing with the Committee. The Housing Resiliency Committee will make their determination at, or shortly after, their meeting and convey their determination of resolution to the issue(s) raised, in writing, to both all parties. The Rehabilitation Committee's determination will convey to both parties a course of action to be taken, in what time frame, and by whom. The decision of the Housing Resiliency Committee will be final and binding on all parties. If you have any questions, please feel free to call me at 563-690-6168. If I am not available, please leave a message and I will call you back. Thank you. Sincerely, Sharon Gaul City of Dubuque Bee Branch Healthy Homes Program Resiliency Coordinator scaul@citvofdubuque.orq www.cityofdubuque.org/bbhh Service People Integrity Responsibility Innovation Teamwork 26 INSURANCE CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we Ace Construction, LLC Bond No. SY88669 (hereinafter cal led the Principal), asfPrincipal)and IMT Insurance Company a corporation of the State of Iowa, with its Home Office in the City of West Des Moines, lowa (hereinafter called Surety), are held and firmly bound unto City of Dubuque (hereinafter called Owner), in the full and just sum of Twenty-six Thousand Five Hundred Sixty-one and No/100 (S26,561.00 ) DOLLARS, to the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of WHEREAS, the Principal has entered into a written contract, dated the day of with the Owner for Rehabilitation Contract, Project No: 971-190304 Konzen Residence - 3145 Windsor Avenue NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, THAT, if the above bounden Principal shall indemnify the Owner from and against any and all loss or damage directly arising by reason of the failure of the Principal to perform faithfully said contract, as well as against any and all direct loss which the Owner may sustain by re ason of any mechanic's lien or liens that may be finally established against said improvements and the ground upon which constructed, for work done and/or materials furnished in and about the performance of said contract, then this obligation shall be void, otherwise of full force and effect. This bond is executed and accepted upon the following express conditions precedent: I • That the Owner shall faithfully and punctually perfomi all the terms and conditions of said contract to be performed by the Owner. 2. That if the Principal shall abandon said contract or be lawfully compelled by reason of default to cease operations thereunder, the Surety shall have. the right at its option to complete said contract or to sublet the completion thereof. 3- That the Owner shall notify the surety by registered letter, addressed and mailed to it at its home office. of any breach of said contract within a reasonable time after such breach shall have come to the knowledge of the Owner. or the Architect. or Engineer. Ace Construction, LLC Princip By IM n E. Goodmann, Attorney -in -Fact SY 03 02 (01 /07) 27 a regional response to local needs Pat Konzen 3145 Windsor Dubuque, IA 52001 November 15 2018 Dear Pat, ATTACHMENT #7 ECIA This letter is a follow-up to the rehab committee visit to your home October 31, 2018. • Radon fan is to be hard wired — Ace Construction has been notified to have the electrician return to complete this work. • Supply longer splash blocks to be installed by the property owner. Ace Construction has been notified to supply splash block to the property owner. • Provide paint to the property owner that was used for the basement walls. ce Construction has been notified to supply paint to the property owner. ,Q �/� %/�%1 j�N� /��m0,� • .ve •een asked to research a permeant e u er o e sous . not found an alternative to present at this time. ` ` 4/07 1.1 • We will find another water proofing company to bring in to get their opinion on the tile that was installed in the basement. I have located several companies but have not had anyone return my call as of this time. Ace Construction or myself will be in touch as to when the identified repairs will be made. If you have any questions regarding the award of these p Sincerely, C.J-'9r Elizabeth Kemp Rehab Specialist CC: Ace Construction se call Elizabeth Kemp a - . 1.66. /-f 1 b(N 563-(96 6' k-e 0 v /s1 0 ;Ai Dubuque Metropolitan Area Transportation Study I Eastern Iowa Development Corporation I Eastern Iowa Regional Utility Serv!ces System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, Inc- I Region 1 Employment and Training I ECIA Regional Planning Affiliation I Region 8 Regional Transit Authority I E 7600 Commerce Park, Dubuque, IA 52002 I www.ecia.org I ecia(@ecia org + i • 1 - • Pat Konzen 3145 Windsor Dubuque, IA 52001 January 3, 2019 Dear Pat, ATTACHMENT #8 ECIA The BBHH Flood Resiliency program, after reviewing the scope of work you submitted from Absolutely Dry Basements, has determined that the work completed by Burds Waterproofing to be nearly identical to the new proposal. When I televised the drain tile November 28, 2018 there was no evidence of system failure. As such it is the opinion of the program staff that the entire drain tile system does not need to be removed and replaced. The difference between what was installed and the proposal are below: Installed Proposed Drain Board 1.5" Tubing Panasonic Vent Fan SantaFe Dehumidifier The drain board and 1.5" tubing serves the same purpose, to allow water that seeps into the concrete block to drain into the tile through the weep holes drilled in to the block and flow to the sump jar to be discharged to the exterior. Burds Waterproofing used the drain board rather than tubing because the thickness of the basement floor was not such that it would adequately cover the tubing and be strong enough to not break or crack. This was discovered when the floor was removed to install the trench. I spoke to Jeff from Absolutely Dry Basements December 22, 2018 to discuss how the existing system was installed and he concurred that they would install in the same manner under the circumstances. When I questioned Jeff about the warranty offered, I was told the warranty states there will never be pooling water on the basement floor. To the knowledge of the program pooling water on the basement floor has not occurred since the installation of the drain tile, indicating that the system is working. The warranty does not state there will never be mold or mildew. Jeff said that to mitigate for the mold/mildew he recommends a Santa Fe Dehumidifier, however, he cannot say there will never be mold. To address your concern of the mold that appears behind the sealant we are recommending to remove the sealant and to wash the area with an anti -microbial cleaner. I have contacted Ace Construction, the general contractor for this project, and Burds Waterproofing, the company that installed the drain tile system, to schedule with you a time to remove the sealant and wash the walls. Dubuque Metropolitan Area Transportation Study I Eastern Iowa Development Corporation J E Eostem Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, Inc. I Region 1 Employment and Training I ECIA Regional Planning Affiliation I Region 8 Regional Transit Authority j 7600 Commerce Pork, Dubuque, IA 52002 I www.ecio.org I ecio@ecia.org • • . •w • - : • •.. :ia - .• • t i a regional response to local needs Pat Konzen 3145 Windsor Dubuque, IA 52001 February 13, 2019 Dear Pat, ATTACHMENT #9 ECIA The BBHH Flood Resiliency program, after reviewing the letter submitted to Alexis Steger January 2019 are recommending the following: 1. BBHH Flood Resiliency program has the information you submitted from Absolutely Dry Basements and has requested that Burds Waterproofing submit a detailed written description of the system that was installed. We have requested a response from Burds Waterproofing no later than Friday, February 22, 2019. This information will be reviewed to determine a course of action. 2. Remove the sealant at the top of the drain board. Remove all of the loose and deteriorated paint from the basement concrete block walls. Clean all of the walls with a microbial cleaner specifically manufactured to kill and clean mold and mold spores. Allow the walls to dry thoroughly. There are products available at Menard's and Sherwin Williams. Do not use bleach. After determining what paint product was used in your basement the program will make a decision as to whether an alternative product is to be used. It is our understanding that Ted Stackis has delivered to you paint that he used on the basement walls. Ace Construction will pick up this paint, no later than March 1, 2019, so that we can determine if an alternative product should be used. 3. Supply concrete splash pads. Splash pads supplied by Ace Construction are to be returned in useable condition. Ace Construction will deliver the concrete splash pads and pick up the plastic splash pads no later than March 1, 2019. 4. Hardwire the radon motor. Budget Electric has been notified to schedule this work as soon as possible. All work is being addressed as warranty work as stipulated in the contract between yourself and Ace Construction. Ace Construction and the subcontractors hired are to remedy the above issues. If the above listed measures do not remedy the flaking paint issue on the walls and growth of mold/mildew further investigation and actions will be pursued. Following are further recommendations to mitigate excess moisture in the basement: Dubuque Metropolitan Area Transportation Study I Eastern Iowa Development Corporation I I Eastern Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, inc. I I Region 1 Employment and Training i :ECIA Regional Planning Affiliation I Region 8 Regional transit Authoriyr I 17600 Commerce Park, Dubuque, IA 52002 I www-ecio.org I ecia@ecia.org I 563.556 4166 Iowa onl, :.800.942.4648_ .Rely Iowa 800.735. 943 f: 563.'5. 03, ; I • The dryer should be vented to the exterior year- round. • The vent fan should be set to automatically run when the humidity level is high in the basement • If additional dehumidification is needed a dehumidifier should be run. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563- 556-4166. Sincerely, ElizabE`(h Kemp Rehab Specialist /4 CC: Ace Construction City of Dubuque Rehab Committee 31 ATTACHMENT #10 Pat Konzen 3145 Windsor Ave Dubuque, IA 52001 February 20, 2019 To Whom it may concern, Burds Waterproofing Inc installed a drainage system at 3145 Windsor Ave., that included a sump pump system, drainage tile, and drainage board. Burds removed the concrete floor and sub base material to a depth of 10" around the perimeter of the foundation. Burds drilled weep holes into each core of the bottom blocks of the foundation. A layer of clean stone was laid in the bottom of the trench and a 4" perforated drainage tile was installed with clean stone around it. A drainage dimple board was installed to migrate water from the bottom course of blocks to the tile. This procedure was used because the concrete floor was only approximately 1" over the top of the footings. Ready mix concrete was then laid and finished to grade. In the weeks after, the homeowner said he seen moisture along the trench. Burds went and installed caulking around the exterior on top of the drainage board to seal off vapors from coming up from the ground. Additionally, a radon fan was installed in the sump basin to pull moisture from under the floor to help keep the vapors from under the floor at bay. A conditioned space with air exchange is necessary to keep areas from becoming stale air cellar. The difference in the conditioned area with the exterior foundation wall produce moisture similar to when windows fog up when there is a high difference in temperature or humidity. Sincerely, Aaron Burds Burds Waterproofing Inc 563-543-2500 4 _ - a regional response to local needs Pat Konzen 3145 Windsor Dubuque, IA 52001 March 8, 2019 ECIA Dear Pat, Enclosed with this letter is the letter I received from Burds Waterproofing regarding the work completed at your home. Per our conversation today the following action steps will be taken: 1. Ted Stackis will exchange the plastic splash guards provided with concrete splash guards. 2. Ted Stackis will pick up the paint provided to you. We will evaluate if this is the correct product for your basement. If not, the correct product will be purchased. 3. Stackis Construction will remove the sealant at the top of the drain board, wash the walls with an anti- microbial cleaner, scrape the loose paint from the walls, repaint. 4. Budget Electric will permanently wire the Radon motor. All work is being addressed as warranty work as stipulated in the contract between yourself and Ace Construction. Ace Construction and the subcontractors hired are to remedy the above issues. If the above listed measures do not remedy the flaking paint issue on the walls and growth of mold/mildew further investigation and actions will be pursued. Following are further recommendations to mitigate excess moisture in the basement: • The dryer should be vented to the exterior year- round. • The vent fan should be set to automatically run when the humidity level is high in the basement • If additional dehumidification is needed a dehumidifier should be run. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563-556-4166. Sincerely, n_ ▪ [!�'L�1 - Elizabeth Kemp Rehab Specialist CC: Ace Construction City of Dubuque Rehab Committee Dubuque Metropolitan Area Transportation study j Eastern Iowa Development Corporation 1 Eastern Iowa Regional Utility Services System Eastern Iowa Regional Housing Authority 1 ECIA Business Growth, Inc. j Region 1 Employment and Training ECIA Regional Planning Affiliotion I Region 8 R Tonal Transit Authority j 1 7600 Commerce Park Dubuque, IA 52002 ( www.ecio.org I oda.2'ecia.orn 5c 3.556.4166 Iowa on. 800.942.4648 1 R-I• • • Si. 3 9 ^5 c r - Q 33 ATTACHMENT #11 Masterpiece on the Mississippi Dubuque Gufltr1 Men Cly IIIIp1 2007.2012 2013. 2017 EQUAL HOUSING OPPORTUNITY City of Dubuque Bee Branch Healthy Homes Program 350 W. 6th Street, Suite 316 Dubuque, IA 52001 Office (563) 690-6168 April 15, 2019 Pat Konzen 3145 Windsor Ave Dubuque, IA 52001 Re: BBHH Resiliency Work Dear Mr. Konzen: After speaking with all the parties involved with the work that was done on your home at 3145 Windsor Ave and looking over the specs that were given to you and that you signed off on, I have determined this project to be closed. The specs were very clear on what was going to be done with regards to the work being performed and by all accounts, that work was done accurately, completely and efficiently. You have been given instructions on how to enhance these improvements as well and that is your responsibility to follow through on. Also, your requests for further work to be done is outside the original specs and would call for a change order or even new specs, which at this time seems unreasonable and unnecessary. If you have any questions or concerns with this letter or any other matter concerning the Bee Branch Healthy Homes Program, you may contact the City of Dubuque under the Government section, under the City Attorney header and click on Filing a Claim. Sincerely, John Tharp City of Dubuque Grant Administrator *5 Service People Integrity Responsibility Innovation Teamwork Notice of Right to Cancel You are entering into a contract. If that contract is a result of, or in connection with a salesman's direct contact with, or call to you at your residence without your soliciting the contract or call. then you have a legal right to void the contract or sale by notifying us within three business days from whichever of the following events occurs last: 1. The date of the transaction, which is: or 2. The date you received this notice of cancellation. How to Cancel If you decide to cancel this transaction, you may do so by notifying us in writing at: MidAmerica Basement Systems TF (800) 541-8006 F (563) 326-3214 www.midamericabasementsystems.com 4525 Buckeye St Davenport, IA 52802 You may use any written statement that is signed and dated by you and states your intentions to cancel, or you may use this notice by dating and signing below. Keep one copy of the notice because it contains important information about your rights. If you decide to cancel this contract, for any reason, after your legal THREE DAY RIGHT TO CANCEL, you will forfeit your total deposit amount. Full Perimeter System, TripleSafe pump system, and Full Wall System (helps with drainage and radon gas) recommended: Initial I wish to cancel. Owner's Signature Date Owner's Signature Date The undersigned acknowledges receipt of the a copy of the Notice of Right to Cancel. Owner's Signature Date Owner's Signature Date MidAmerica Basement Systems Job Location 4525 Buckeye St Davenport IA 52802 3145 Windsor Ave Dubuque IA 52001-8155 Page 6/6 4-2-19 41 vE�D µ ktittI et CLAIM AGAINST THE CITY OF DUBUQUE, IOWA ATTACHMENT #12 tilt4 1-ti,t j P.qaL, This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR✓ WILL NOT BE PAID. 1. Name of Claimant: PTjT / I C C�tict K fo /`.) 2. Address: 2/7' w1 O5d !9 UL_ City: 0 u g LJ q li e_ State: r C,J ./9 3. Telephone Number: . C3 -S5-% 7/$ 4. Date of Incident: O1 rO Zip: S .a00 / 5. Time of Incident: C(%O,E'' �V/1 ,/�'/,v»'l7 e 4S//O 0 6. Location of Incident (Be specific): / / 60/ j)S c2, /9 () e 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) /I V giie 40.7-Yer k)67 CP;(11.4 rl-e4_1/ erif To 7-fie $ i 9 7 Ci7 CQiv7ieAcra lily`/� i i � 7`O y r 8. What were weather conditions like? 9. Give name and address of any witnesses: N f\ 10. Did police investigate? (If so, give names of officers.) ICJ 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). 0 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) tk)ft -6e ,ANO ,'io/V / QFt Liemei0 % 13. What other damages do you claim, if any? `0(3/ie. F _ce77--D -5-00/U / ND 6 e 7 O f C a.eT 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) 15. What amount do you claim from the City of Dubuque? 12, 3i0Q ) 8U 16. Why do you claim the City of Dubuque is responsible? i/f47 _..1�?.� ! A _ra CONT,ei/ mr L / RAJ.etif7Q R_F 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address.) No 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? No Dated at Dubuque, Iowa this / 7 day of /1/9/ A7)erne /eo (Rev. 5/18) (Signature) (Print Name) J L CD {_ CD C D CD 37 -- v c. /;Aii. 7 C(' v s f 0 'Q .,57a07 ----- � - ; iD f L a/ -S- 61 o,) B 4Ce � ' V � /0- -/5'T �K:/, I___., =,A l ? Ne l ,r\-/T a -1., / c-2 c9 a S %5 c, �,,,, 7-�9r7, _, y Q f 01Q Awe Are 6 iv r 7 (As i �rrce.,.i c ) 0.),:/__ rz Zi2 _ ///e ieiD V. rya f6.S1 Z (,v'>7 P' e? dt- d u /D; Co ck 1 J/ c2 `77/ lames /6(20.7 rd,(4( /9 ?-"`c A)} f 7,', iit,c pz /P- .7 C`" 4ti r e 0 X'D eip,r 2iffi 76( T /ff* 1V e2Pei /9y "N.D .r/r/7 AI6)--; ,j'14%0 - Jr 7 ,' e e d'r ?) S,V X o /9// /)ec %o /4-7 . i;(/ Sl/-02of) /16"c-,S -5--"1 c8 7 077 ?7 . *AZ/ ,9At1V 461)/e/41/- ; f7i7.Pc>o, /Z6x N. 4-- /y c / 8' tizz__ ,/7/„Tv t2 e�P _riz262g (1ij 6 LS g co /5' Zee /4jN(h P ce ftofeti?nr, Uri ArrA W rY c(1/ Y 7 Wiyi 7'61 T , y jers c)/?s ex.e A67- nrz-e TeM o N 7'a ,k.) O ?ey7 ,e ��ici � GN (�J D 47� L Al� C c1 L ke.D Tfr'P/'4 U /] N d ` �e P% 7-7e,' —/-aoV? -9L-- 7--A) 22 el:, ell c) J / it BEE BRANCH HEALTHY HOMES TO IMPROVE 320 HOUSING UNITS The Bee Branch Healthy Homes (BBHH) Resiliency Program includes $8.4 million in the form of 5-year forgivable loans to improve 320 housing units, including owner -occupied homes, single -unit rentals, and small, multi -family residential units. Funds will be awarded to properties where low- to moderate -income residents reside and used to make repairs and renovations to decrease environmental health and safety issues from flooding. RESILIENCY PROGRAM Many residents in the Bee Branch Watershed have experienced repeated flash flooding from stormwater during heavy rain events, including six Presidential Disaster Declarations since 1999. As a result, they are living with residual structural issues, electrical hazards, and chronic mold and mildew problems. Making Homes More Resilient The BBHH Resiliency Program will help Dubuque residents meet unmet structural needs and empower individuals to be part of the creation of more resilient housing through on -site storm water management principles and sustainable, healthy homes behaviors. A variety of repairs and renovations will improve housing conditions and make homes more resilient to future flooding. Examples Include: • Foundation repairs�arid modifications • Water and sewer service improvements • Furnace replacement • Water heater rep cgment • Basement window repairs • Mold and mildew remediation • Lead paint and asbestos remediation • Sidewalk improvements • Sump pumps repair/installations • Property drainage improvements Masterpiece on the Mississippi ))�' For more information or to apply, visit www.cityofdubuque.org/bbhh or call (563) 690-6168. 39 ATTACHMENT #13 Barry A. Lindahl, Esq. Senior Counsel Suite 330, Flarbor View Place Ciy Attorney's Office 3130 Main Street Jabuque, lo.a i2001.6ri4-1 (S63) 533..4113 ot'iee i563 t 33- 0—'0 la:: t)t ic2 H"ur;: 3.00 A`'f —; 00 pm, Masterpiece on the Mississippi 2007-2012.2013 20'7+2019 O .� 1 . December 30, 2019 op �� Patrick Konzen - r✓., N M 3145 Windsor Avenue > ; CI Dubuque, IA 52001 CD ,, RE: Your Claim Against the City of Dubuque Dear Mr, Konzen: I received your voice mail from today. I have reviewed the very lengthy file the City has on this project and it is difficult for me to determine what items you believe were not properly constructed and what corrections you believe the contractor should make. I believe it would be helpful for you to provide the information I am requesting before we discuss what part the City can offer in resolving this dispute. would ask that you provide me with (1) a precise list of items that you believe need to be corrected, (2) what corrections you believe are necessary, (3) and what efforts have been made to date to correct any of the items. My intent would be to present this list to the contractor for a specific response to each of the items you list. I believe that there was been a lot of miscommunication about this project among all of the parties and this may provide a fresh start toward getting to the bottom of the issues. Barry A. Lindahl r Senior Counsel BAL/tls cc: Alexis Steger, Housing & Community Development Director Brenda Snyder, ICAP F:IUSERS\tsted<le\Claims \Konzen Patrick \Konzen ItemizedList 123019.docx 40 BIDDER agrees to perform all the WORK described in the CONTRACT DOCUMENTS for the following unit prices or indicated sums: OIA Purchase a building permit from the City of Dubuque as necessary for this project. It is the contractors responsibility to schedule all inspections, as required, with the City of Dubuque Building Services Department. /co SPEC t# DESCRIPTION BID AMOUNT BAS E MlEi iT 01 Within the basement area location left rear, remove the concrete floor and over dig the hole for the sump jar by about six inches in all directions. Install about 13 inches out from the corner. Fill the area around the 13 by 30 sump jar and around the tile with clean grave(. Re -cement the removed concrete floor and Finish smooth. This sump jar must have a sealed lid. Install a 3,4 HP sump pump with backflow valve and discharge to the exterior near radc levet. Also, install a battery backup sump pump to discharge in the same location with a minimum pump rate of 2,000 GPH. Install with backflow valves. Install a 1.5-inch air admittance valve near the coiling to vent the sealed sump jar. Provide a dedicated 20 AMP receptacle in accordance with NEC requirements: Use conduit drop and install to code and City requirements. A City pennit and inspection may be required on some of these items. Take precaution • to reduce dust on the main level with floor protection, and seal off the basement when working. /1 '- Remove the flooring along the wall to the toiletishower in both directions from the sump. Remove soil to about 12 inches deep and install 3-inch drain tile to the sump pump and clean gravel around the tile. Drill holes from the base of the block wail with % inch holes and install tubing to the top of the drain tile (one tube per block). caulk before cementing. Recement and finish smooth. 03 Remove the paneling on the walls by cutting directly below the drop ceiling. Dispose of all material on inside and outside walls. CIean the basement walls and paint all with two coats of white water block style paint. Install per manufacture. installation instructions. Remove any loose paint from the exterior walls. Vacuurn clean the basement floors. Spray all the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. c,2 etc Z� Tire crp U'D 06 Install a Panasonic exhaust fan with a three -speed DC fan ((50,80,110), or variable speed) or approved equal, and vent to the exterior of the house with solid insulated pipe. Install with a humidity sensor (extra from manufacture). Install on lowest speed or as n eeded for the size of the house. Install at a central location. Install to manufactures installation requirements. Correct furnace filter bracket to hold filter. 07 Paint the basement window sashes, jambs, and all painted areas with two coats of white paint to cover. PRESUMED LEAD HAZARD. HOUSE OTHER 08 Paint the rear door jamb previously painted jamb areas. PRESUMED LEAD HAZARD — -ferzt.ovi1..-- 09 Paint the second -floor windows with two coats of paint to cover. This is all previously painted surfaces with sash, jamb, sill, trough, and trims. PRESUMED LEAD HAZARD Replace the gutters with 6 inch gutters with gutter guard. Install large down spouts and extend away from the house as best as possible. White in color. Install a Carbon Monoxide alarm with a 10-year battery. Install on the lowest habitable level with finished room, and in accordance with manufacturer installation requirements. If you need location clarification, ask for guidance before installation. Near the thermostat may be a likely option. Remove the sidewalk on the right side of the house from the rear corner to the front sidewalk. Raise the sidewalk as high as possible on the house and pin to the house. Slop away from the house at about 3/16 inch drops per foot. install four -inch solid drain tile from the rear down spout to the front down spout. Make sure tile has adequate slope for drain. Use square drain openings at grade level with grated cover so that the tiles are not directly connected to the drain tile. Run tile under the sidewalk to the grass slope on the left side of the lot (lower level). install new concrete graded away from the house and finish smooth. v2 C7 Cut to quarter depth of walk into equal squares. 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"TO Trte;k. / N-Csi /9 A) 0 k PO )/-e-5) A(t WtA o • S y — 7 if-ej/ eN geS7=A'.s;A;..h' o ico is ST 94r M 7 j cis -i- \p/i-re. c' F-oz- ; T J'M Re4\.ses ,e 7 c A sf-,/,.44 0K_ fec_e p I /P 1 Re5fuitiors,(1,--7- :_r_ N' PAR( '�}i ov ,4)o % v,(L N T Qe.. 7.6tx gep 1ep'D s#uFie /eI /9 e 12 14S —1-- LJfiS- _ fuse I:e e p /t'/ iI3Fe) e,a , tsr ,N� w',(( Be. 6eRe_ 1 sae)ti0 ' /1" pt fr- f-- ----- rri `J Co 48 Barry .a. Lindahl, Esq. Senior Counsel Suite 330. Harbor View Place City Attorney's Office 300 Main Street Dubuque.losaa 52001-6944 (563) 583-4113 office (563)583-1040 fax balesgacir ofdubuque.org Office H,.ur: 8:l)0 .A\I —=:00 P\I. T-\a:-T'h — 1'_:00 P\I. F Patrick Konzen 3145 Windsor Avenue Dubuque, IA 52001 Masterpiece on the Mississippi January 15, 2020 RE: Your Claim Against the City of Dubuque Dear Mr. Konzen: Thank you for your response to my request for additional information. Dubuque il14nam 11 I / Ill 2007.2012.2013 2017.2019 We are trying to arrange a meeting with representatives of Ace Construction and Burds Waterproofing. Ace Construction has agreed to a meeting but I have not yet heard from Burds Waterproofing. I will get back to you as soon as I have heard from Burds Waterproofing. Very sincerely, Barry A. Lindahl Senior Counsel BAL/tis cc: Alexis Steger, Housing & Community Development Director Brenda Snyder, ICAP( Jeffrey Walters, Esq. F:\USERS\tsteckle\Claims\Konzen Patrick\Konzen_Meeting_011520.docx 49 ATTACHMENT #14 BIDDER agres to pe.%nca all the WORK cic;cribed in the CONTRACT DOCUMENTS thr the roll wins unit prices or ind:cattsd ;urns: O1A Purchase a building permit from the City of Dubuque al necessary for this project. It is the contractor responsibility to schedule all inspections, 33 required, with the City of Dubuque Building Services Department. i CrCD SPEC DESCRIPTION B[D A'1OL? T BASEMENT 0 i Within the basement area location left rear, remove the concrete floor and over dig the hole for the sump jar by about six inches it ail rllr'rctio:s. [nitali about 13 inches out from. the corner. Fill the area a.our.d the f by 30 sump jar aria around the the wail clean gra7e.l. R..-cement the; removed cor.crtte fionr and t;1' '1 sr' ... !(1t:i ia,TO'rmust=1a'i-' id. ' II i ('.7 1 .h ,.C' S iJal•. l: hti'n 1 � = l ;amp pump 'Nail �:ilC�Ci,C',J : ai r...Ina 7.7 insta:i jai: r b3C:k-.:p i',lmp pump co j:.i=?s: Ts ire..... SQr^. lcca:. ;r:',e•itlt .. i il;, ^'in'^ r.!:.: of 2.01:0 `JPF!. [rs w i with ^.:ick:7U'•'i v'll•r.s. 1nstar. 1 , l S. 21 !i. .. 4:.'r: c-nr ...: c:i:i::s Yea: :Ile s:.ales.' iunlpjar. Pr 1 d:`a:a:sd 20AM.?inacc..:r.:!ac_requirements. (iTeCorditedropand in:ii.'.iit0:od ...d r"'Girer,'rt3 a reii spender r,ny be r ,'d on some of th''' items Ta'C' precaut.;en 'i to reduce ..lust on main It:'•rtl ',Vie? t!oer prote.tio n, and seal al off the basement when workIna / J jl Remo',e the. goer'•. ni slut.;:he 'w'•i:l co the toilet, shower in borh directions iron the sump. Remove 30i1 :O about 12 inches deep and instaii 3-inch drain tie to the sump pump and clear. geRvel around the :!le. Drill doles ujt^ the base of t" block wail With [',Inch holes and install tubing to the top or the drain tile ( gone tube per :('3ck; caulk before ceemencing Receneen and fl.nish smooth. 1, ° ZJ 03 Remove the paneling on the wails by cunr„7directly below the drop ceiling. Dispose pf all rna:trim on inside and outside walls. )71) Clean the asirect seas'_s and paint all with e-vo coats o? white avatar b(Cc:t style paint. [rscaii per man : ntecre ir,staila:ion instructions. Remove any loose paint from the exterior wails. Vacuum clean the basemen( floors. Spray ail the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. 06 Install a Panasonic exhaust fan with a three -speed DC fan ((00,80,110), or Variable speed) or approved equal, and vent to the exterior of the house with solid 'insulated pipe. Install with a humidity sensor (extra from manufacture). Install on lowest speed or as needed for the size of the house. Install at a central location. Install to manufactures installation requirements. Correct furnace filter bracket to hold filter. 07 Paint the basement window sashes, jambs, and all painted areas with two coats of white paint to cover. PRESUMED LEAD HAZARD. /ZdD HOUSE OTHER 03 Paint the rear door jamb previously painted jamb areas. PRESUMED LEAD HAZARD ,ik.@- ts. c art — 09 Paint the second -floor windows with two coats of paint to cover. This is all previously painted surfaces with sash, jamb, sill, trough, and trims. PRESUMED LEAD HAZARD I Replace the gutters with 6 inch gutters with gutter guard. install large down spouts and extend away from the house as best as possible. White in color, Install a Carbon Monoxide alarm with a 10-year battery. install on the lowest habitable level with finished room, and in accordance with manufacturer installation requirements. [f you need location clarification, ask for guidance before installation. Near the thermostat may be a likely option, p af Remove the sidewalk on the right side of the house from the rear corner to the front sidewalk. Raise the sidewalk as high as possible on the house and pin to the house. Slop away from the house at about 3/16 inch drops per foot. Install four -inch solid drain tile from the rear down spout to the front down spout. Make sure tile has adequate slope for dram. Use square drain openings at grade level with grated cover so that the tiles are not directly connected to the drain tile. Run tile under the sidewalk to the grass slope on the left side of the lot (lower level). Install new concrete graded away from the house and finish smooth. c2 Cut to quarter depth of walk into equal squares. install about 4-inch-thick with number 3 bar 18" 0.0 square. -----1....--....- DUBUQUE BBHH RESILIENCY PROGRAM — 3145 Windsor Avenue, Dubuque Page 2 of 10 [ 501 Trace Stecklein From: Tracey Stecklein Sent: Friday, January 10, 2020 12:20 PM To: Alexis Steger; Brenda@icapiowa.com; Jeffrey Walters Cc: Barry Lindahl Subject: Konzen Claim - Burds Waterproofing Letter Attachments: BurdsWaterproofing_011020.pdf Please see attached letter for your file. We will let you know if and when we receive a response from Burds. Thank you. Tracey Stecklei vt, City Attorney's Office Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001-6944 Phone: 563.583.4113 Fax: 563.583.1040 1 51 ATTACHMENT #15 Barry A. Lindahl, Esq. Senior Counsel Suite 330, Harbor View Place City Attorney's Office 300 Main Street Dubuque, Iowa 52001-6944 (563) 533-4113 office (563) 533-1040 fax balesq(fcityofdubuque.ora Office Hours: 8:00 AM — 5:00 PM, T-W-Th 8:00 AM — 12:00 PM, F Patrick Konzen 3145 Windsor Avenue Dubuque, IA 52001 THE CITY OF Dui Dubuque 11}Meri n CM E ; i Ip1; Masterpiece on the Mississippi February 7, 2020 RE: Your Claim Against the City of Dubuque Dear Mr. Konzen: 2007.2012.2013 2017*2019 I have reviewed the description of complaints you provided me with Alexis Steger and Kris Neyen, who you know have been closely involved with your project and are very familiar with the history of issues. Based on my review with Alexis and Kris, I understand the following: SPEC # 02 There is a continuing mold issue which the City has offered to have abated but you have refused to allow the City's contractors to do the work. You removed the concrete from the floor so it is not the City's responsibility to replace it. 04 The City provided you with paint for the walls and you agreed that was acceptable. 05 The Radon seal has been applied. 10 The gutter guards were installed. 12 The sidewalk was constructed in the location that you requested. I do not find that the City has any further obligation on this project, other than abating the mold. If you agree to allow the City contractors to do the work and so advise Alexis within 30 days of the date of this letter, we will make arrangements to have the work done. Other than the mold issue, I do not believe there is any legal basis for a claim by the City against the contractor. You are certainly free to take any legal action you believe may be appropriate. I am submitting a copy of this letter to the City Clerk as a formal denial of the claim you filed with the City. If you wish to dispute this denial, you should address your written comments to the City Council and file them with the City Clerk. Very sin :rely, B: rry A. Lindahl enior Counsel BAL/tls cc: Crenna M. Brumwell, City Attorney Kevin Firnstahl, City Clerk Alexis Steger, Housing & Community Development Director Kris Neyen, Housing & Community Development Rehab Supervisor Brenda Snyder, ICAP F:\Users\tsteckle\Claims\Konzen Patrick\Konzen_RevieworComplaints_020520.docx 53 .Barry Lindahl From: Alexis Steger Sent: Friday, February 14, 2020 11:17 AM To: Barry Lindahl Subject: FW: 3415 Windsor Pat Konzen Job Questions Attachments: IMG_0020.JPG; IMG_0025.JPG; IMG_0026.JPG; IMG_0022.JPG; 3145 Windsor Avenue - Konzen 001.JPG; 3145 Windsor Avenue - Konzen 007.JPG; 3145 Windsor Avenue - Konzen 008.JPG Found the Konzen Pictures from after he removed the concrete and some from before construction. From: Elizabeth Kemp [mailto:ekemp@ecia.org] Sent: Friday, April 12, 2019 3:57 PM To: Mark Schneider <MSchneider@ecia.org>; Gail Kuhle <Gkuhle@cityofdubuque.org>; Gail Kuhle <GKuhle@ecia.org>; John Tharp <Jtharp@cityofdubuque.org>; Alexis Steger <Asteger@cityofdubuque.org> Subject: FW: 3415 Windsor Pat Konzen Job Questions Hello All, I am forwarding to you the email I sent yesterday to Aaron Burd regarding the work completed at 3145 Windsor. The pictures attached were taken by John a week ago. I talked to Aaron today regarding the system that he installed. This is what I was told: The floor of the basement was removed and the trench for the drain tile dug. The footing is not located very deep below the floor which is why the drain board was used rather than the tubing that was specified. There was not room to install the tubing and cover it with concrete, it would have protruded out of the floor. Gravel was placed in the trench along with the perforated drain tile. The concrete block were drilled to allow water within the block cavity to drain into the trench to the drain tile and make its way to the sump jar. Gravel was placed over the drain tile. Drain board was placed over the gravel in the trench and creased at the wall/footing and taken up the wall above the floor level. The drain board is dimpled or shaped much like bubble wrap, it is not perforated. Water seeps around the dimples into the trench. Concrete was poured to finish the floor. This is precisely the manner in which this system should be installed. Aaron agrees that the yellow spotting on the walls is moisture which is getting into or moving through the concrete block. Concrete is porous. There could also be cracked block or damaged mortar on the exterior. We also have no way of knowing at this point with the foundation was "water proofed" at the time of construction. In his opinion the only way to try to stop this is to excavate the exterior and install a drain tile system. Tiling, repairing damaged block and mortar, and water proofing the walls would be an attempt to catch the water before is gets into the block wall. What we are seeing very clearly on the newly painted walls has probably been happening for years but went unnoticed behind the paneling/wall product that was removed because it was water damaged. I have attached photos taken at the initial inspection. These walls that are continuously damp will never hold paint, no matter what product is used. In my opinion there is no warranty work to be addressed on the drain tile system installed. If the program wants to complete additional work is what needs to be determined. 1 54 Ted Stackis has a carbon monoxide detector to install as Pat says one was not installed. He has not been able to reach Pat to get in to complete the installation. Liz From: Elizabeth Kemp Sent: Thursday, April 11, 2019 2:33 PM To: 'Aaron Burds' <aaronburds@gmail.com> Subject: 3415 Windsor Pat Konzen Job Questions Hi Aaron, The attached pictures are of the basement at 3145 Windsor, Pat Konzen. Yes we are still dealing with him. When you have time (ASAP) to look at the pictures and give me a call I have some questions. Thanks. Liz Elizabeth Kemp Rehab Specialist ECIA 7600 Commerce Park Dubuque, IA 52002 Email: ekemp@ecia.org Telephone: 563-690-5720 FAX: 563-556-0348 Click here to report this email as spam. 2 55 THE CITY OF DUB Masterpiece on the Iy i :sissippi BARRY A. LINDA SENIOR COUNSEL MEMO To: U Mayor Roy D. Buol and Members of the City Council DATE: February 7, 2020 RE: Claim Against the City of Dubuque by Patrick A. Konzen Dubuque All -America City 2007.2012.2013 2017*2019 Patrick A. Konzen filed the attached claim relating to work done at his home at 3145 Windsor Avenue pursuant to the Bee Branch Healthy Homes Resiliency Program. The work, totaling $26,561.00, was done by a contractor, Ace Construction, selected by the City. The work was completed and approved by Mr. Konzen, an ECIA Inspection Representative, and Sharon Gaul, Resiliency Coordinator for the City of Dubuque Housing and Community Development Department on May 20, 2018. Since that time, Mr. Konzen has made numerous complaints to the Housing and Community Development Department about the work. Mr. Konzen's complaints were reviewed by the ECIA Inspection Representative Elizabeth Kemp, Housing and Community Development Director Alexis Steger and Rehabilitation Programs Supervisor Kris Neyen. Ms. Steger, Ms. Neyen, and Ms. Kemp visited the Konzen home to evaluate Mr. Konzen's complaints with the contractor and waterproofing subcontractor. They concluded that, with one exception, the work had been done properly and according to specifications as required by the program contract. The exception relates to some mold remediation in Mr. Konzen's basement which remains to be done. However, to date, Mr. Konzen has refused to allow the contractor access to his home to complete the work. Mr. Konzen's claim was also referred by the City Attorney's Office to Iowa Communities Assurance Pool (ICAP). ICAP has denied Mr. Konzen's claim, finding no fault on the part of the City. A copy of ICAP's denial letter is attached. The City Attorney's Office has reviewed Mr. Konzen's file and his current complaints and has also concluded that, with the exception of the mold issue, no further action is warranted and that the claim should be denied. A copy of the City Attorney's Office denial letter to Mr. Konzen is also attached. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL balesq@cityofdubuque.org 56 I recommend that the City Council approve the denial of the claim. BAL:tls Attachment cc: Michael C. Van Milligen, City Manager Crenna M. Brumwell, City Attorney Alexis Steger, Housing & Community Development Director Kris Neyen, Rehabilitation Programs Supervisor Brenda Snyder, ICAP Patrick A. Konzen 2 57 rz --A-) &ft e of e-- / 6 t o cis, ; a fv' _ -Tie eeati &_ii rzth,-, ;Ai yr 7-1/e.._ c;,,) E8 i M 17; - e__ ___C� C z..& u c 7 0 hJ 4 k4. L,t} FLr e ; L1 - -r r )_( _6�_ _e- N0 D0 Ala,: t`C�. "-- i�% i`/vQ i? - -, - _Lat.J.414/ a_ P- _ K e_A-p .1_,1 s -,B : t 1-1--/_„. -:_r: t,, ,_, i 0_,Like_ 770 _ ...fie 4/647x,tv_ 8 z. P 'f r Cap, .' 59 d _ _ - li 0,ti, euJ AI19r c°' j 10/0e N N/ice 8e.14; & C&)A,, s N 0(.';A _ 0 C____7::._____02.a,--, .-c?,4•?_/_4',,,_7%e,C, , ___e_Aft# _..2:=EZ.C_C o .l _.,A.lid J r c, f s e iv 11) _ , / v . _,_ . . . f %/ 6 4 / /i - _ 'EJ!?le ! C `. . !7.t if i_ ti Le Lr O C) ,..c‘f - _CY" 7 -- 7/cf7 58 Pat Konzen Claim 1 Specifications 2 2/15/18 Bids opened. $26,561 bid from Ace Construction was low bid 3 2/23/18 Contract signed 4 5/10/18 Project Completion and Release Form signed (He says 30 phone calls to ECIA and 20 visits to his house by ECIA and City) 5 9/5/18 ECIA Response 6 10/4/18 City notification of grievance procedure 7 11/15/18 ECIA Response 8 1/3/19 ECIA Response 9 2/13/19 ECIA Response 10 3/8/19 ECIA Response 11 4/15/19 City notification that project will be closed because "all work was done accurately, completely and efficiently" 12 5/17/19 Claim filed, referred to ICAP Brenda Snyder had numerous telephone calls with Konzen. After reviewing the file with Alexis and Kris, Brenda concluded that the work has been properly completed. After Breda concluded ICAP would deny the claim, I got involved. My plan was to get a meeting with Ace, Burds Waterproofing, Alexis, Kris, Konzen and me. Ace and Burds refute that the work was not done properly but agreed to meet. However, after I discussed the situation with Alexis and Kris, I decided there was no need for the meeting. 13 Because it was so difficult to sort through all of Konzen's complaints, I asked him on 12/30/19 to clearly specify for me what his complaints were. 14 He provided me with a list which I discussed with Alexis and Kris. According to them, all of the complaints, other than the mold issue, had been addressed. He won't let the contractors back in to do any mold abatement. 15 I then sent him the denial letter 59 Masterpiece on the Mississippi Dubuque Ai -America City 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing & Community Development Director SUBJECT: Pat Konzen Claim DATE: February 27, 2020 DISCUSSION The City Attorney's Office has detailed the timeline of reviews and complaints received from Pat Konzen on his project at 3145 Windsor and attached the file documentation of complaints. Clearly stated, the complaints received October 10, 2018 that were reviewed by Kris Neyen and I, serving as the appeals committee for the Bee Branch Healthy Homes were as follows: 1. The wiring to the radon fan was an interior wiring that was not intended for outdoor use. 2. Mold on the perimeter of the floor and what Pat said was also potentially on the walls. 3. Downspout extensions were used instead of tiling for the extension, as well as a missing gutter extension in the back of the home: requesting 4 new splash blocks to be placed under downspouts. Resolution after the appeal committees visit to the home: 1. Radon fan would be hardwired by an electrician 2. Supplied different (longer) splash blocks 3. Provide paint for the basement walls per the request onsite, since limestone will continually cause paint to deteriorate 4. Mold remediation would be provided for the mold on the perimeter of the floor While on site Mr. Konzen stated that he thought the tiling installed in the basement was done incorrectly. Bee Branch Healthy Homes did not believe this was the case, but chose to investigate the claim. Absolute Dry Basements was brought in for a second opinion on the work and concurred Burds Waterproofing completed the job as they would have. Bee Branch Healthy Homes also had the drain tile televised to ensure it had not failed, and it had not. At some point after January 2019, Mr. Konzen destroyed the concrete that was laid over the tiling in the basement, therefore voiding any warranty on that cement or the drain itself. Because the drain tile was not being replaced, Mr. Konzen continued to refuse to allow the mold remediation to take place. To date, the City still offers this remediation to Mr. Konzen, if he responds to Senior Counsel Barry Lindahl that he would like to cooperate by allowing the contractor to complete the work. As of February 27th, 2020, Mr. Konzen has not requested this be completed. For 8 months after the close of the project (May 2018) the City was able to observe that Mr. Konzen had no instances of standing water in his basement. To date we have not received claims from Mr. Konzen that he has received any significant water in his basement since that time. The warranty on the system states there will never be pooling water on the basement floor. To our knowledge this holds true, even after the warranty period has expired. Recommendation I respectfully recommend the City Council uphold the denial of Mr. Konzen's claim based on due diligence completed to ensure a positive outcome on this project. Additionally, I encourage Mr. Konzen to contact us to complete the mold remediation in the time allowed. 2 e5. t ,L_ _..:// 7 — -- _ `ate________ - e-`" ``- 6 7T#. De c...%; ., -geitaio,r "17 C/A-7 a; i i - ) 4:2_7____2-14-_,C2_,,p/ , Es 1-1 ,), _a_e_09, A ? 0 _ D_ q_ A) 0%7 &re_Lep_-z- __7ci--- _ .4 /vdri/e j _ cfliitt.61kc ..e--- . _IL _ , fd /1, h /U eCt-) /14 5 If ie ___77/1-4,11.0 .W. _flol,t4e- _______AA__re //\.) ie. 8 cf./ , iv 61 A) o (4.) 041- 0 c ),1/4,..)) ____0 ___,1 __________LE._ C)_ e, � 77,A_ '.d-.� 0 / - _ _ - U 1- --._e Ea/=,..: - - PLO_ - ._, I\,) / / /o :4cprdam`it _ t „ __ ®/Ve ee7 e� /p-- 4./ /?/J_ •r✓. _ -C ..ter• Z:44,9 .r �i. -_._ ----. -: '.� --.`.sic -- _ __ -_ -- - - in co— LLI ‘.3 -- --Cr 7 — 7/ � THE CITY OF DUB Masterpiece on the 11 i sissippi BARRY A. LINDA SENIOR COUNSEIL MEMO To: Mayor Roy D. Buol and Members of the City Council DATE: February 7, 2020 RE: Claim Against the City of Dubuque by Patrick A. Konzen Dubuque ITebri All -America City 1'I 1I 2007.2012.2013 2017*2019 Patrick A. Konzen filed the attached claim relating to work done at his home at 3145 Windsor Avenue pursuant to the Bee Branch Healthy Homes Resiliency Program. The work, totaling $26,561.00, was done by a contractor, Ace Construction, selected by the City. The work was completed and approved by Mr. Konzen, an ECIA Inspection Representative, and Sharon Gaul, Resiliency Coordinator for the City of Dubuque Housing and Community Development Department on May 20, 2018. Since that time, Mr. Konzen has made numerous complaints to the Housing and Community Development Department about the work. Mr. Konzen's complaints were reviewed by the ECIA Inspection Representative Elizabeth Kemp, Housing and Community Development Director Alexis Steger and Rehabilitation Programs Supervisor Kris Neyen. Ms. Steger, Ms. Neyen, and Ms. Kemp visited the Konzen home to evaluate Mr. Konzen's complaints with the contractor and waterproofing subcontractor. They concluded that, with one exception, the work had been done properly and according to specifications as required by the program contract. The exception relates to some mold remediation in Mr. Konzen's basement which remains to be done. However, to date, Mr. Konzen has refused to allow the contractor access to his home to complete the work. Mr. Konzen's claim was also referred by the City Attorney's Office to Iowa Communities Assurance Pool (ICAP). ICAP has denied Mr. Konzen's claim, finding no fault on the part of the City. A copy of ICAP's denial letter is attached. The City Attorney's Office has reviewed Mr. Konzen's file and his current complaints and has also concluded that, with the exception of the mold issue, no further action is warranted and that the claim should be denied. A copy of the City Attorney's Office denial letter to Mr. Konzen is also attached. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org I recommend that the City Council approve the denial of the claim. BAL:tls Attachment cc: Michael C. Van Milligen, City Manager Crenna M. Brumwell, City Attorney Alexis Steger, Housing & Community Development Director Kris Neyen, Rehabilitation Programs Supervisor Brenda Snyder, ICAP Patrick A. Konzen M 46091 agoveri6 This written report constitutes your claim against the City of Dubuque, Iowa. You should complete this form in full and attach any additional information that supports your claim. The Claim must be filed with the City Clerk at. City Hall, 50 W. 13th St., Dubuque, IA 52001. It will then be referred by the City Council to the appropriate department for investigation. Once that investigation is completed, a report and recommendation will be submitted to the City Council. You will be provided with a copy of that report and recommendation. THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL NO EMPLOYEE OF THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. 1. Name of Claimant: NT-kl( Kou 2-e 2. Address: . / S- &01,O scie !9 O City: D u +g v li C'_ State: c (ti) /i Zip: 5a 00 / 3. Telephone Number: c C, 5-5 7 - 7/5-7 5. Time of Incident: /Joffe &) /;Vied Q /- 6. Location of Incident (Be specific): ` / / 10P R7,05 0 e. 7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give full details upon which you base your claim. If a City employee was involved, give the employee's name.) / 4Ht' %J"Cf7 / f Nd % 5'97;JP ' (mod 6 if /9-(Ko/Qi� 7 77/e ,B; D illere re, % C6/07 c d e (a),1( /l1 o % tot9,et 4. Date of Incident: CLAIM AGAINST THE CITY OF DUBUQUE, IOWA 8. What were weather conditions like? 9. Give name and address of any witnesses: 10. Did police investigate? (If so, give names of officers.) N l� 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). No 12. Was any damage done to property? (If so, describe property and the extent of damages. Attach estimates of damages or describe basis for ascertaining extent of damage.) rNo lof,2 /ti) QftfC'meio % 13. What other damages do you claim, if any? /0(),()C II 5877-A- O S/k) 17-AlD d e'T of � vieT 14. Have you been compensated for any part or all of your claim by any insurance company? (If so, give name and address of insurance company and amount paid.) A)o 15. What amount do you claim from the City of Dubuque? 13, 3U 16. Why do you claim the City of Dubuque is responsible? "—Airy jAJ eLe //J Fa/ f M y 0AS7)674(70 k 17. Have you made any claim against anyone else for damages as a result of this incident? (If yes, give name and address_) NC 18. If the answer to Question 17 is yes, have you received any payment from that source, and if so, in what amount? ik) o Dated at Dubuque, Iowa this / 7 day of �� , 20 / /. (Signature) A' 7;e/re 1/ M'AJZCtJ (Print Name) 0 CY cis CD r C (Rev. 5/18) CD -10 N N -J TO IMPROVE 320 HOUSING UNITS The Bee Branch Healthy Homes (BBHH) Resiliency Program includes $8.4 million in the form of 5-year forgivable loans to improve 320 housing units, including owner -occupied homes, single -unit rentals, and small, multi -family residential units. Funds will be awarded to properties where low- to moderate -income residents reside and used to make repairs and renovations to decrease environmental health and safety issues from flooding. Many residents in the Bee Branch Watershed have experienced repeated flash flooding from stormwater during heavy rain events, including six Presidential Disaster Declarations since 1999. As a result, they are living with residual structural issues, electrical hazards, and chronic mold and mildew problems. Making Homes More Resilient The BBHH Resiliency Program will help Dubuque residents meet unmet structural needs and empower individuals to be part of the creation of more resilient housing through on -site storm water management principles and sustainable, healthy homes behaviors. A variety of repairs and renovations will improve housing conditions and make homes more resilient to future flooding. Examples Include: • Foundation repairs and modifications • Water and sewer service improvements • Furnace replacement • Water heater replacement • Basement window repairs • Mold and mildew remediation • Lead paint and asbestos remediation • Sidewalk improvements • Sump pumps repair/installations • Property drainage improvements Masterpiece on the Mississippi } For more information or to apply, visit www.cityofdubuque.org/bbhh or call (563) 690-6168. 2f//'r CCU a r °/� __Xe ; g g ID f- ,e -1� �� a A 19c-? �2 w-r s97 26,, SC/, ®-D PP / ' , G/ y a 0E AC c c Jiff 7 (4." l // 67-Ai c6N % C /`� eirecJ r' p . iye 4/', rrcr6.s�'.� (,., k>T. P�/N /; ®? 67 a --- r-eA 9e Re* / Sre64/4r-T v'--. Q u;/,0i� 6 ale . np-�.�. �,4r;�.r t� - 4 �% /170 .7_____Ca i ( 4 1 Ao a A.) ,77:9 Air. ,o) 0 49- ) CMw32_P Qe'Df/e\c iz�'����1�e%c-% 00.✓.,-N.® fir/1,6N 5,09;,0 _.21_ Jrv.T /k" erd'r r5 '70 / e cos 7-0 ,t ---;(7 S /i-c2o fn 6.c.',F. -5--- Se- ik7 0/7W/ r Ag:i /Pkr ‘17-1/em, fio-i e got 6 is<7,/ i (•//9 Zee / 1°i (f1 r � n i ' ec D 7-1-74(T ,e7 ,er.,s cJn—.)' bo ewe ^0 % 467PTe5;f// 71,0b it) c? 7'0 7 e r ' e f'r 4ci N c E_ P`1__ / a regional response `fio local needs Pat Konzen 3145 windsor Dubuque, IA 52001 February 15, 2018 Dear Pat, ECIA Bids for the BBHH Flood Resiliency project on your home were opened February 2, 2018. Bids received have been reviewed and Ace Construction is low bidder at $26,561.00. We will contact you in the near future to sign contract documents to allow the work to begin. Enclosed is a bid summary for each project. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563-556-4166. Sincerely, Elizabeth Kemp Rehab Specialist i Dubuque Metropolitan Area Transportation Study j Eastern Iowa 'Development Corporation i Eastern Iowa Regional Utility Services System- i Eastern lows Regional Housing Authority i ECIA Business Growth, Inca 1 Region 1 Employment and Training 1 ECIA Regional Planning Affiliation j Region 8 Regional Transit Authority j i 7600 Commerce Park, Dubuque, IA 52002 I! www.ecia.org ecia@eda.org j 563.556.4166 I' 'Iowa only 800 942 4648 j Relay Iowa 800.735 2943 fi 563.556.0348 DUBUQUE BEE BRANCH HEALTHY HOMES (BBHH) REHABILITATION CONTRACT, PROJECT NUMBER: 971-190304 13-NDRH-001 TO: Pat Konzen (hereinafter referred to as the "OWNER") Street Address: 3145 Windsor Avenue City, State & Zip Code: DUBUQUE, IA 52001 AND TO: CITY OF DUBUQUE, IOWA (hereinafter referred to as the "CITY OF DUBUQUE"), 50 W. 13th Street, Dubuque, IA 52001. (City Hall) From: Ace Construction (hereinafter referred to as the "CONTRACTOR") Street Address: 1212 Miller Rd. City, State & Zip Code: Dubuque, IA 52003 State Contractor License# C118663 Telephone Number 563-495-8193 GENERAL CONDITIONS 1. Each Bid and Proposal for the Project shall be opened at the date and time specified in the Invitation to Bid and shall be an irrevocable and continuing Bid and Proposal, which the CITY OF DUBUQUE may accept for a thirty (30) day period from said date and time. 2. The Bid and Proposal shall be accepted by the CITY OF DUBUQUE and OWNER upon approval of a Housing Rehabilitation Grant. If such Grant is disapproved, the entire Bid and Proposal is null and void. The CITY OF DUBUQUE has retained EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION hereinafter referred to as "ECIA" to provide assistance in the administration of this contact. 3. The OWNER is obligated to issue a written Proceed Order within ten (10) days from the acceptance of the CONTRACTOR'S Bid and Proposal, and no work shall be commenced by the CONTRACTOR until such notice has been received. If the Proceed Order is not received by the CONTRACTOR within this period, the CONTRACTOR has the option of withdrawing his or her Bid and Proposal. 4. The CONTRACTOR shall commence work within seven (7) days after issuance of the Proceed Order. 5. The CONTRACTOR shall satisfactorily complete all work within 60 calendar days after the issuance of the Proceed Order, unless an extension is granted by the City in the form of a written change order. Due to difficulties involved in determining actual damages caused by unreasonable delay in the completion of Contractor's duties, it is agreed that a liquidated amount for damages should be set forth herein. Contractors agrees that liquidated damages in the amount of $50 per day is a fair, reasonable and appropriate method for determining reimbursement of damages to the City of DUBUQUE, Iowa, under the terms of this contract. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 1 of 11 BID AND PROPOSAL CITY OF DUBUQUE BEE BRANCH HEALTHY HOMES PAGE 1 OF 10 SPECIFICATIONS FOR THE RESIDENCE OF Pat Konzen 971-190304 3145 Windsor Avenue, Dubuque, IA 52001 563-557-7159 l "1 L 5 2- S- Proposal of hereinafter called "Bidder"), organized and existing under the laws of the State of Iowa doing business as_ *. (*Insert "a corporation", "a partnership", or "an individual" or as legally applicable.) To the City Council of the City of Dubuque, Iowa (hereinafter called "CITY") In compliance with your Advertisement for Bids, BIDDER hereby proposed to perform all WORK for the residence of Konzen located in Dubuque, IA, in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below. By submission of his BID, each BIDDER certifies and, in the case of a joint BID, each party thereto certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter related to this BID with any other BIDDER or with any competitor. BIDDER hereby agrees to commence work under this CONTRACT on or before a date to be specified in the Notice to Proceed and to fully complete the project with 90 consecutive calendar days thereafter. The Notice to Proceed will be issued within 10 days of the bid opening. BIDDER acknowledges receipt of the following ADDENDUM: BID SCHEDULE NOTE: 1. Bids shall include all applicable taxes and fees. 2. BIDDERS shall not add any conditions or qualifying statements or modify this proposal or the proposal may be declared irregular as being not responsive to the Notice. 4f- 3 BIDDER agrees to perform all the WORK described in the CONTRACT DOCUMENTS for the following unit prices or indicated sums: O1A Purchase a building permit from the City of Dubuque as necessary for this project. It is the contractors responsibility to schedule all inspections, as required, with the City of Dubuque Building Services Department. i 00 SPEC # DESCRIPTION BID AMOUNT BASEMENT 01 Within the basement area location left rear, remove the concrete floor and over dig the hole for the sump jar by about six inches in all directions. Install about 18 inches out from the corner. Fill the area around the 18 by 30 sump jar and around the tile with clean gravel. Re -cement the removed concrete floor and finish smooth. This sump jar must have a sealed lid. Install a 3/4 HP sump pump with backflow valve and discharge to the extenor near gra a evel. Also, install a battery backup sump pump to discharge in the same location with a minimum pump rate of 2,000 GPH. Install with backflow valves. Install a 1.5-inch air admittance valve near the ceiling to vent the sealed sump jar. Provide a dedicated 20 AMP receptacle in accordance with NEC requirements. Use conduit drop and install to code and City requirements. A City permit and inspection may be required on some of these items. Take precaution 66 to reduce dust on the main level with floor protection, and seal off the basement when working. 02 Remove the flooring along the wall to the toilet/shower in both directions from the sump. Remove soil to about 12 inches deep and install 3-inch drain tile to the sump pump and clean gravel around the tile. Drill holes from the base of the block wall with 3/4 inch holes and install tubing to the top of the drain tile (one tube per block). caulk before cementing. Recement and finish smooth. (7,2/ to z) 03 Remove the paneling on the walls by cutting directly below the drop ceiling. Dispose of all material on inside ��� and outside walls. 04 Clean the basement walls and paint all with two coats of white water block style paint. Install per manufacture installation instructions. Remove any loose paint from the exterior walls. 0L) 05 Vacuum clean the basement floors. Spray all the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. 06 Install a Panasonic exhaust fan with a three -speed DC fan ((50,80,110), or variable speed) or approved equal, and vent to the exterior of the house with solid insulated pipe. Install with a humidity sensor (extra from manufacture). Install on lowest speed or as needed for the size oiTke-ho e.—Ins Itat a central location. 5—MD to manufactures installation requirements. Correct furnace filter bracket to hold filter. 07 Paint the basement window sashes, jambs, and all painted areas with two coats of white paint to cover. PRESUMED LEAD HAZARD. HOUSE OTHER 08 Paint the rear door jamb previously painted jamb areas. PRESUMED LEAD HAZARD M.& 6-, c1.oare- — 09 Paint the second -floor windows with two coats of paint to cover. This is all previously painted surfaces with sash, jamb, sill, trough, and trims. PRESUMED LEAD HAZARD 10 Replace the gutters with 6 inch gutters with gutter guard. Install large down spouts and extend away from the house as best as possible. White in color. 11 Install a Carbon Monoxide alarm with a 10-year battery. Install on the lowest habitable level with finished room, an in accor ance wit manufacturer costa lation requirements. If you need location clarification, ask for guidance before installation. Near the thermostat may be a likely option. 557) Q7D 12 Remove the sidewalk on the right side of the house from the rear corner to the front sidewalk. Raise the sidewalk as high as possible on the house and pin to the house. Slop away from the house at about 3/16 inch drops per foot. Install four -inch solid drain tile from the rear down spout to the front down spout. Make sure tile has adequate s of pe for drain. Use square drain openings at grade levelwith grated cover so that the tiles are not directly connected to the drain tile. Run tile under the sidewalk to the grass slope on the left side otthe lot (lower Ieve . Insta new concrete gra e away o e use an mis smooth. 7 to Cut to quarter depth of walk into equal squares. Install about 4-inch-thick with number 3 bar 18" O.0 square. ----/----_------- DUBUQUE BBHH RESILIENCY PROGRAM — 3145 Windsor Avenue, Dubuque Page 2 of 10 BEE BRANCH HEALTHY HOME PROJECT BID ADDENDUM 1 BID MODIFICATION FOR: Project ID number: 971-190304 Owners name: Pat Konzen Address: 3145 Windsor Ave., Dubuque, 52001 January 30, 2018 REVISED SPECIFICATION: 6 1( g 08 Replace the gutters with 5 inch gutters with gutter guard. Install down spouts and extend away from the house as best as possible. The back gutter shall continue above the back door and be pitched to drain to the left ofthe home. The back downspout shall connect to the sump pump drain and be tiled underground to the slope in the yard. White in color. Install with splash blocks. Price: S '}-- & " y A- f f-;( 37e, 10 Remove the sidewalk on the right side of the house from the rear corner to the front steps. Raise the grade so the slope pitches away from the house into a swale. Raise the sidewalk as high as possible on the house and pin to the house. Slope away from the house at about 3/16 inch drops per foot. Run tile under the sidewalk to the grass slope at the right front of the house. Make sure tile has adequate slope for drain. Use square drain opening at grade level with grated cover so that the tiles are not directly connected to the drain tile. Cut to quarter depth of walk into equal squares. Install about 4-inch-thick with number 3 bar 18" O.0 square. The new grade shall be seeded and covered with straw. Price ADDITIONAL SPECIFICATIONS: /� �� Aw 4Y19,,f A 11 Clean the basement walls and paint all with two coats of white water block style paint. Install per manufacture installation instructions. Remove any loose paint from the exterior walls. Price 12 Vacuum clean the basement floors. Spray all the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. Price Attach this form to your original bid document. Masterpiece on the Mississippi Bee Branch Healthy Homes Program Project Completion and Release Form Project # 971-190304 Project Address: 3145 Windsor Ave, Dubuque, IA 52001 Dubuque batItsli *IFAaerrca City II�I II 2007.2012 2013.2017 Date work completed: May 10, 2018 Construction work has been completed in a satisfactory manner. Contractor will submit final invoice to City of Dubuque. I, Patrick A Konzen , do hereby release, cancel, forgive and forever discharge the City of Dubuque its officers, agents, employees, and subcontractors from and against any and all claims, demands, damages, obligations, causes of action, liabilities, controversies, damages and costs of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever related to the project at 3145 Windsor Ave, Dubuque, IA. I, Patrick A Konzen specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been omitted from this Release. This release does not waive: 1) The obligation of the City to make the final payment for construction work at 3145 Windsor Ave, Dubuque, IA to the Contractor. 2) The warranty provided for the work of the Contractor at (address). ECIA Inspection Representati City Dubuque Representa(rive Date Masterpiece on the Mississippi To: Ace .Construction Louis+Mihalekis: 1212Miller Rd Dubuque, IA 52003. PROJECT NAME: PROJECT No: City of Dubuque Bee Branch Healthy Homes 350 W 6th St, Suite 312 Dubuque, IA 52001 (563) 690-6168 Change Order Form CHANGE ORDER NO: •4 ISSUE DATE: 15-May=18 `3145:1 Nindsor:.==Pat-:Kor zen ` : Jurisdictional Representative: City of Dubuque Sharon. Gaul. Grant Coordinator Housing & Community Development Dept. 350 W. 6th St,Suite 312 Dubuque, `.IA. 5200.1.' Contractor Representative: (Name and Address) Ace Construction:;: Louis Mihalekis The Contract is changed as follows: Forthe per formance payment bone Initiated By: City Contractor Inspector DLL' - Change Order No: Change Order Date: Original Contract Amount: Previous Change Orders: Current Change Order: New Contract Amount: .4 05/16/;18 675.00' 2744100'` Adjustment made to CIP Number(s): == >2fi42690 Total Dollar Amountof this Change Order: This Change Order is not valid until signed by all parties Approved roperty Owner actor Represenative - Name / Juris•'stional Represenative - Name /,Title Date Date Date Date 6 THE CITY OF Duir3ti Masterpiece on the Mississippi To: Ace Construction Louis Mthalekis 1212 Miller Rd. City of Dubuque lakeilgge Y on?ess 350 W 6th St, Suite 312 Dubuque, IA 52001 (563) 690-6168 Change Order Form CHANGE ORDER NO: ISSUE DATE: 11-May-18 PROJECT NAME: g• "�R ,,.^ '� Y> �- • 3145 Windsor- Pat I oo zen PROJECT No: 971-190304 - Jurisdictional Representative: crty of Dubuque Sharon Gaul Grant Coordinator Housing 8, Community Development Dept 350 W. 6th St, Suite 312 Dubuque, IA- 52001 Contractor Representative: ?Name and Address) Ace Construction Louis Mihalekis 1212 N1ilier Rd. Dubuque, IA 52003 The Contract is changed as follows: Deduct to not tale downspouts under grade. InitiatedBy: City Contractor Inspector DLM Change Order No: Change Order Date: Original Contract Amount: Previous Change Orders: #'. Current Change Order: New Contract Amount: 4 2t:i, 5 1 Il _94)11 r,lv# Adjustment made to CIP Number(s): as Total Dollar Amountof this Change Order: This Change Order is not valid until signed by all parties = ECIA Inspector - Name / Title Contractor Represenative - Name / Title Juns`dtctional Represena e - Name / Title Date JIt,2.C3 f Date GG Date Date 7 7J Ken -Mac Metals A ThyssenKrupp Materials NA, Inc. company 9587 58th Place Kenosha, WI 53144-7805 (888)-874-4332 ec./ fi 144 ek,o- wfr, Fi-i;\s/le i ,5--/Algo/L) Gpko ,5* til4 ;77e n I/4Q- F4g Nor /////, eidoek) sievzr. luminum • tainless • Slit Coil • Sheet ro ® fie- i ous%Nd Rem%euc : 77-e-e- FICom s _4,clm eH i R:c %6A1 zed '7/ - /70.30 y eRess a 3 /`/.S- W. t NOSb e n Je._ c8c) ..=��c0 / OR re /6 //a cZ O /& i /77 D (j// ._ JIfr'9rf e_ 49D fl 9 u 6Af /9;A17s s /IA)D rgOa/eAlS / gedO5/i< 0v7 / O:f P eg?e.cT bu y;che . 1//9ve- r4lRev To rfie- Feely _ rt5 c i c4 r#,Pv RAP®1{ 36 p #o,0c C' //f' AWN 7 ,/ /i'e;R 6' ' 3' I9.v 0 j i e Cr `7' i'N.Ir 'c7o,e-r Xtlue... oeSee,i, jo Ai ,ecii*e_ d,eteX ® 7-ri( FA. 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A iNA,Gx1 �h'-N ` / k()J- - gib -Ai 7-,. w 1112 k r Q (IF o /9N4' (5r /A ciJ Of U /s/ i f e fr,) 4 / 0 c/Y--,, -- 7 `� response to local needs • Pat Konzen 3145 Windsor Dubuque, IA 52001 Cy -2,S-7--• 5, 2 8 September Dear Pat, lZ This letter is a follow-up to the site visit I conducted August 27, 2018. • First, I have enclosed the Panasonic fan information so that in the future you can make adjustments that you feel are necessary. • I have prepared change order that has been sent to Ace Construction so they can schedule the electrician to permanently wire the radon fan. • Regarding the appearance of mildew behind the caulk ant the floor wall junction. I talked to Aaron Burd regarding this and he really does not have an alternative to this caulk. A sealant needs to be in place and this is what he typically uses with success. The special caulk was put in to stop moisture from coming up from tile/concrete joint when the floor was sweating. It's a special caulking that can stretch, often put in where tile meets a door or something that has some expansion. It appears that the moisture has been stopped. What is behind the caulk is probably not a health risk and should not be able to spread beyond the caulk. At this time, I do not recommend any action. �l (),) �'� c. %,�� /LIP 7 d `J teAjo -tc// v4- Aee/./r • There are areas of the concrete block wall where the paint is peeling. You had o ered to touch this up so we will provide you with the paint to do so. s'p-.1( S(o C/z S'//e,fe )e. c' • We will write a change order for downspout extensions. /()O'7- J%1 ,t, Pk Ace Construction or myself will be in touch as to when the identified repairs will be made. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563-556-4166. Sincerely, Elizabeth Kemp Rehab Specialist Encl: Panasonic Fan Manual ‘9, e 6/2 //J GCS /'7 ' r,, r J_- Cii r o c/ Cr7/ 1 Dubuque Metropolitan Area Transportation Study 1 Eastern iowa r.ievelopment Corporation 1 ern Iowa € egiartol Utility Services System I Eastern town Regional i-lousing Authority € ECIA Business Growth, inc. I Region 1 Employment and Training I ECIA Regional Planning Affiliation 1 Region 8 Regional Transit Authority I 7600 Commerce Pork, Dubuque. IA 52002 [ www.ecia.org [ ecio@ecia.org I [ 563.556.4166 iow+a only: 800.94 .4648 1 Relay Iowa 800.735.2943 J ♦= 563.556.0348 Pat Konzen 3145 Windsor Dubuque, IA 52001 November 15 2018 Dear Pat, ECIA This letter is a follow-up to the rehab committee visit to your home October 31, 2018. • Radon fan is to be hard wired —Ace Construction has been notified to have the electrician return to complete this work. • Supply longer splash blocks to be installed by the property owner. Ace Construction has been notified to supply splash block to the property owner. • Provide paint to the property owner that was used for the basement walls. ce Construction has been notified to supply paint to the property owner. • ve een asked to research a permear-----Tiadnrarrtd-tfrerfo e ou not found an alternative to present at this time. ? 7K • We will find another water proofing company to bring in to get their opinion on the tile that was installed in the basement. I have located several companies but have not had anyone return my call as of this time. Ace Construction or myself will be in touch as to when the identified repairs will be made. If you have any questions regarding the award of these p apse call Elizabeth Kemp at 5. 66. Sincerely, Elizabeth Kemp Rehab Specialist CC: Ace Construction b(19 SY3- -667(72. Ai km 0 v /i % L gAfp,fi e/ /1- 4 "Tee_ %k c) Ai k'e ^ 7q ; 7/ v� �(3 Dubuque Metropolitan Area transportation Study I Eastern Iowa Development Corporation I Eastern lowa Regional Utility Services System ! Eastern Iowa Regional Housing Authority 1 ECIA Business Growth, Inc. ( Region t Employment and Training { ECIA Regional Planning Affiliation I. Region 8 Regional Transit Authority 7600 Commerce Palk, Dubuque, IA 52002 I www.eciti.org j eciaiOecra_org r Pat Konzen 3145 Windsor Dubuque, IA 52001 January 3, 2019 Dear Pat, ECIA The BBHH Flood Resiliency program, after reviewing the scope of work you submitted from Absolutely Dry Basements, has determined that the work completed by Burds Waterproofing to be nearly identical to the new proposal. When I televised the drain tile November 28, 2018 there was no evidence of system failure. As such it is the opinion of the program staff that the entire drain tile system does not need to be removed and replaced. The difference between what was installed and the proposal are below: Installed Proposed Drain Board 1.5" Tubing Panasonic Vent Fan SantaFe Dehumidifier The drain board and 1.5" tubing serves the same purpose, to allow water that seeps into the concrete block to drain into the tile through the weep holes drilled in to the block and flow to the sump jar to be discharged to the exterior. Burds Waterproofing used the drain board rather than tubing because the thickness of the basement floor was not such that it would adequately cover the tubing and be strong enough to not break or crack. This was discovered when the floor was removed to install the trench. I spoke to Jeff from Absolutely Dry Basements December 22, 2018 to discuss how the existing system was installed and he concurred that they would install in the same manner under the circumstances. When I questioned Jeff about the warranty offered, I was told the warranty states there will never be pooling water on the basement floor. To the knowledge of the program pooling water on the basement floor has not occurred since the installation of the drain tile, indicating that the system is working. The warranty does not state there will never be mold or mildew. Jeff said that to mitigate for the mold/mildew he recommends a SantaFe Dehumidifier, however, he cannot say there will never be mold. To address your concern of the mold that appears behind the sealant we are recommending to remove the sealant and to wash the area with an anti -microbial cleaner. I have contacted Ace Construction, the general contractor for this project, and Burds Waterproofing, the company that installed the drain tile system, to schedule with you a time to remove the sealant and wash the walls. Dobique Metropolitan Aree Transportafrt li'Study 1 Eastern Iowa Development Corporation Eastern Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, Inc. j ton 1 Erployment and 1 ECIA Regional Planning Affiliation I Region 8 Regional Transit Authority I-- 7600 Comrrrcrce Falk, Dubuque, IA 52002 1 www.ecia.org 56j,„5 26.41.6b- • e 9 9 " + • ; • i - • • . e M -• s m it.'.:,3, Pat Konzen 3145 Windsor Dubuque, IA 52001 February 13, 2019 Dear Pat, ECIA The BBHH Flood Resiliency program, after reviewing the letter submitted to Alexis Steger January 2019 are recommending the following: 1. BBHH Flood Resiliency program has the information you submitted from Absolutely Dry Basements and has requested that Burds Waterproofing submit a detailed written description of the system that was installed. We have requested a response from Burds Waterproofing no later than Friday, February 22, 2019. This information will be reviewed to determine a course of action. 2. Remove the sealant at the top of the drain board. Remove all of the loose and deteriorated paint from the basement concrete block walls. Clean all of the walls with a microbial cleaner specifically manufactured to kill and clean mold and mold spores. Allow the walls to dry thoroughly. There are products available at Menard's and Sherwin Williams. Do not use bleach. After determining what paint product was used in your basement the program will make a decision as to whether an alternative product is to be used. It is our understanding that Ted Stackis has delivered to you paint that he used on the basement walls. Ace Construction will pick up this paint, no'later than March 1, 2019, so that we can determine if an alternative product should be used. 3. Supply concrete splash pads. Splash pads supplied by Ace Construction are to be returned in useable condition. Ace Construction will deliver the concrete splash pads and pick up the plastic splash pads no later than March 1, 2019. 4. Hardwire the radon motor. Budget Electric has been notified to schedule this work as soon as possible. All work is being addressed as warranty work as stipulated in the contract between yourself and Ace Construction. Ace Construction and the subcontractors hired are to remedy the above issues. If the above listed measures do not remedy the flaking paint issue on the walls and growth of mold/mildew further investigation and actions will be pursued. Following are further recommendations to mitigate excess moisture in the basement: Dubuque MrIropolitan AEea Ttanspor•tatien Study 1 Eastern Iowa Development Corporation Eastern Iowa Regional Utility Services System I Eastern Iowa Rc•gional Housing Authority 1 ECIA Business Growth, Inc_ Region 1 Employment and Training I EC IA Regional Planning Affiliation 1 Region f Regional Transit Authority l 7600- � q lA 52002 I www.r cio_org I ccio ecra.org Commerce Park, L1u�ri u�� �� 563_556.411e6 la' a 0 I - =t _9- 4. e a 1"iw• « i1; 563.556.0348 • The dryer should be vented to the exterior year- round. • The vent fan should be set to automatically run when the humidity level is high in the basement • If additional dehumidification is needed a dehumidifier should be run. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563- 556-4166. Sincerely, Elizab 'h Kemp Rehab Specialist CC: Ace Construction City of Dubuque Rehab Committee � /6 Pat Konzen 3145 Windsor Ave Dubuque, IA 52001 February 20, 2019 To Whom it may concern, Burds Waterproofing Inc installed a drainage system at 3145 Windsor Ave., that included a sump pump system, drainage tile, and drainage board. Burds removed the concrete floor and sub base material to a depth of 10" around the perimeter of the foundation. Burds drilled weep holes into each core of the bottom blocks of the foundation. A layer of clean stone was laid in the bottom of the trench and a 4" perforated drainage tile was installed with clean stone around it. A drainage dimple board was installed to migrate water from the bottom course of blocks to the tile. This procedure was used because the concrete floor was only approximately 1" over the top of the footings. Ready mix concrete was then laid and finished to grade. In the weeks after, the homeowner said he seen moisture along the trench. Burds went and installed caulking around the exterior on top of the drainage board to seal off vapors from coming up from the ground. Additionally, a radon fan was installed in the sump basin to pull moisture from under the floor to help keep the vapors from under the floor at bay. A conditioned space with air exchange is necessary to keep areas from becoming stale air cellar. The difference in the conditioned area with the exterior foundation wall produce moisture similar to when windows fog up when there is a high difference in temperature or humidity. Sincerely, Aaron Burds Burds Waterproofing Inc 563-543-2500 Pat Konzen 3145 Windsor Dubuque, IA 52001 March 8, 2019 ECIA Dear Pat, Enclosed with this letter is the letter I received from Burds Waterproofing regarding the work completed at your home. Per our conversation today the following action steps will be taken: 1. Ted Stackis will exchange the plastic splash guards provided with concrete splash guards. 2. Ted Stackis will pick up the paint provided to you. We will evaluate if this is the correct product for your basement. If not, the correct product will be purchased. 3. Stackis Construction will remove the sealant at the top of the drain board, wash the walls with an anti- microbial cleaner, scrape the loose paint from the walls, repaint. 4. Budget Electric will permanently wire the Radon motor. All work is being addressed as warranty work as stipulated in the contract between yourself and Ace Construction. Ace Construction and the subcontractors hired are to remedy the above issues. If the above listed measures do not remedy the flaking paint issue on the walls and growth of mold/mildew further investigation and actions will be pursued. Following are further recommendations to mitigate excess moisture in the basement: • The dryer should be vented to the exterior year- round. • The vent fan should be set to automatically run when the humidity level is high in the basement • If additional dehumidification is needed a dehumidifier should be run. If you have any questions regarding the award of these projects please call Elizabeth Kemp at 563-556-4166. Sincerely, Elizabe h Kemp Rehab Specialist CC: Ace Construction City of Dubuque Rehab Committee Dubuque Metropolitan Arpra `transportation Study j Eastern lower Development Corporation Eastern Iowa Regional Utility Services System 1 Eastern Iowa Regional Housing Authority j ECIA Business Growth, Inc. Region l'Employment and Training ( ECIA Regional Planning Affiliation I Region S Regional Transit Authority I ) 7600 Commerce Pork Dubuctue, IA 52002 I www.ecia orq j ecia@ecro.ctr9 563.55 ,4-16 Iowa onl ::i 800,942.4643 _ . Rcle ,14.:Ae !k d - a Masterpiece on the Mississippi Dubuque at�w "h �'°jr 2007-2012 2013-2017 EQUAL HOUSING OPPORTUNITY City of Dubuque Bee Branch Healthy Homes Program 350 W. 6`11 Street, Suite 312 Dubuque, IA 52001 Office (563) 690-6168 October 4, 2018 Pat Konzen 3145 Windsor Ave Dubuque, IA 52001 Dear Pat: Per your request, please see enclosed Performance Bond for your project at 3145 Windsor Ave. To file a grievance related to the project contract at your property, follow the below process. Please provide the nature of your concern and request of the program. This request must be made in writing. Please send or drop off the request at above address. The Housing Resiliency Committee will reach out to you, to schedule a time and date for a appeal hearing with the Committee. The Housing Resiliency Committee will make their determination at, or shortly after, their meeting and convey their determination of resolution to the issue(s) raised, in writing, to both all parties. The Rehabilitation Committee's determination will convey to both parties a course of action to be taken, in what time frame, and by whom. The decision of the Housing Resiliency Committee will be final and binding on all parties. If you have any questions, please feel free to call me at 563-690-6168. If I am not available, please leave a message and I will call you back. Thank you. Sincerely, Sharon Gaul City of Dubuque Bee Branch Healthy Homes Program Resiliency Coordinator sgaul(a�cityofdubuque.org www.cityofdubuque.org/bbhh Service People Integrity Responsibility Innovation Teamwork KNOW ALL MEN BY THESE PRESENTS: That we Ace Construction, LLC INSURANCE CONTRACT BOND Bond No. SY88669 (hereinafter called the Principal), as(,Principal)and IMT Insurance Company a corporation of the State of Iowa, with its Home Office in the City of West Des Moines, Iowa (hereinafter called Surety), are held and firmly bound unto City of Dubuque (hereinafter called Owner), in the full and just sum ofTwenty-six Thousand Five Hundred Sixty-one and No/100 ($26,561.00 ) DOLLARS, to the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this day of WHEREAS, the Principal has entered into a written contract, dated the day of , with the Owner for Rehabilitation Contract, Project No: 971-190304 Konzen Residence - 3145 Windsor Avenue NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, THAT, if the above bounden Principal shall indemnify the Owner from and against any and all loss or damage directly arising by reason of the failure of the Principal to perform faithfully said contract, as well as against any and all direct loss which the Owner may sustain by re ason of any mechanic's lien or liens that may be finally established against said improvements and the ground upon which constructed, for work done and/or materials furnished in and about the performance of said contract, then this obligation shall be void, otherwise of full force and effect. This bond is executed and accepted upon the following express conditions precedent: I. That the Owner shall faithfully and punctually perform all the terms and conditions of said contract to be performed by the Owner. 2. That if the Principal shall abandon said contract or be lawfully compelled by reason of default to cease operations thereunder, the Surety shall have. the right at its option to complete said contract or to sublet the completion thereof. 3. That the Owner shall notify the surety by registered letter, addressed and mailed to it at its home office, of any breach of said contract within a reasonable time after such breach shall have cone to the knowledge of the Owner, or the Architect, or Engineer. Ace Construction, LLC Principal - By 1MT -1n n E. Goodmann, Attorney -in -Fact SY 03 02 (01/07) (c) UIt�I�rJ�cfEPLrE :r PuJcltuelir rEitiJr��rSr-JE50111�r3 r _ cciJi.Prsfrmarggro-rrrJ-r�J rdrap PclanccraZ-EFOJED_PrJErlrIPrPrJ�rJ�rJ�tJ�rSr- E_IU _P[lur2fc(r f��frJral�I�rJ��u l'�f E1 be hereto affixed. this 4th clay of April 5 IMT% INSURANCE POWER OF ATTORNEY No. 8866 9 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of West Des Moines, County of Polk. State of Iowa, hath made, constituted and appointed. and does by these presents make. constitute and appoint John E. Goodmann and Barton P. Brown of Dubuque and State of Iowa its true and lawful Attorney -in -Fact. with full power and authority hereby confen-cd in its name. place and stead, to sign. execute. acknowledge and deliver in its behalf as surety any and all bonds, under- takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed thc amount of: One Million Five Hundred Thousand and No/100 ($1,500,000.00) Dollars and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of IMT Insurance Company, and all such acts of said Attorney -in -Fact. pursuant to the authority herein given. are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of IMT Insurance Company on December 18. 1998. ARTICLE Vlll, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and to authorize them to execute on behalf of the Company. and attach thereto the Corporate Seal, bonds. undertakings. recognizances, con- tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements. ARTICLE VII I, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII. Section 4 of the By -Laws. Such facsimile signature and seal shall have the same force and effect as though manually affixed. In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate scal to 2017 IMT Insurance Company 1 r,' Sean Kcnned{, President WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO. ai STATE OF IOWA 5 COUNTY OF POLK SS: On this 4th clay of April , 2017 before me appeared Scan Kennedy. to me personally known, who being by me duly sworn did say that he is President of the IMT insurance Company. the corporation described in thc foregoing instrument. and that the Seal affixed to the said instrument is the Corporate Seal of Mc said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors_ In Testimony Whereof, I have hereunto set my hand and affixed my Official Scal at the City of West Des Moines, Iowa, the day and year first above written. tow,. SETH CARY COMMISSION NO. 783929 MY COMMISSION EXPIRES 5-2- aol7 Notary Public, Polk 'R tnty. Iowa CERTIFICATE 1. Dalenc Holland, Secretary of the IMT insurance Company do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect. In Witness Whereof. I have hereunto sct my hand and affixed the Scal of the Company on 9th day of February 2018 ���� a:ei D� SY 06 06 (01/07) Dalene Holland. Secretary I�rJrrscPrJ�rSrPrJ�rJ�rJcPr�rJ�rJ�cPrPrJ�r�rJ�rJ�rPct2P:PL PLPL1 LIVPLcr1PLrJPPrlarJr�cfar�r�rPrJ�rJ�rPrJ�frl�cPcPrJ�rJ�rJ�rJ�rPr�rltJ�r1�rJ,rs ..16.F-Fs LQLL 3 Ig-s33- 55'81) Date of Visit /2 % 4/ SCHEDULE FOR I Customer Name Al' wily BASEMENT WATERPROOFING, INC. 2745 16th Avenue • Moline, IL 61285 Phone IL (309) 764-1514 • IA (583) 386-0986 • (800) 981.0986 Address 31 1-1$- %v 11.11) OR AU F. E-mail City C)U earn v E. State i A- Zlp OWNER AGREES ❑ To provide electrical outlet for pump. gar To clear materials 4' from Inside perimeter. &11-- To cover or remove any items from basement they have concerns about. Customer responsibility to remove the following ,ze crew arrives to begin and to replace when completed: I ' Washer/Dryer ❑ Shelving/Cabinets ❑ Refrigerator/Freezer ❑ Water Heater ❑ Water Softener ❑ Furnace 21- Toilet ❑ Sink Shower/Bathtub Drywall ❑ 12" up from Floor ❑ Floor to Ceiling Studs ❑ 12" up from Floor ❑ Floor to Ceiling ❑ Customer Responsible for Demolition ❑ Absolutely Dry Responsible for Demolition Cost of Job $ SS cD Deposit $ Check # Pay Foreman $ Salesman J F� Signature (Customer approves and accepts) Date (Upon Completion) FRONT Notes Home / Work Ph Cell Ph SG 3 - 55 7 - i /SR DESC1P1IPTION CODE VITCement Block Wall 0 Limestone Block Wall 0 Poured Concrete Wall ❑prick/Red Clay Block 'Concrete Floor ❑ Exposed Footing ❑ Water in void space of wall ❑ ter thru crack(s) In wall Nater thru footing/wall seem ❑ Water over foundation wall SPECIAL INSTRUCTIONS UJAIZRA-Lt Fe. OF 611Z ()cry R. fa- ¥e mb Jf y..cs-ru16. RAIR-rtL.E. SSIS i .M 4iw is FirLG p_A N PLA l.tilt- AJ�� y� FILTER Sacf<FJI T�C.F - EiJeLupe a - FRAt'rU R E. D r{V CAA) R 'rr - 1d SL21 S-rALc. /Arm cth g Past E.s R c, a4. k,5' O F 6L.aGic 7;1S Ct.?u o-re, 4c so-r4-14G 4,,DBs ebto o && rku13 o Sgeitue -J--12 tc.e.r To &usuRL ORAlu!Ai& eu kt uJaLL • /Od linear ft of socked 4" Pipe as noted by the dashed lines on diagram. ❑ _ H.P. Zoeller Sump Pump ❑ _ Zoeller Battery Back Up ❑ Honeywell High Water Alarm ❑ 30" Perforated Basin ❑ 1 Piece Lid ❑ 2 Piece Lid 0 Check Valve Freeze Guard a1.5" dl charge line ate linear ft. [Exposed Poly Drainage Tubing ❑ Buried PVC ❑ 4.0" discharge line linear ft. O Buried 0 Buried w/ Leaching pit 0 Buried w/Pop-Up ❑ Sheets of Whlte Waterproof Paneling ❑ Galvanized I beam ❑ Fo 1 ass Stabilization Strap w/ Necktie ❑ Plate Anchor Wall System ❑ Willa Crawl Space Liner ❑ High Pressue Urethane Clack In)ecton IZ"SanteFe Dehumidifier Hi Pat Please confirm your receipt. Thanks and I hope we earn your business to do this correctly and for the final time. Jeff Hennessey Absolutely Dry Basement Waterproofing, Inc 319-533-5580 PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: rtiuruwAL IVu. SHEET NO. DATE J -7 (NAME 2le-//---- ADDRESS /f ADDRESS c , L ‘ CC T C c !/ DATE OF NS ,,/k �"-i� PHONE NO. t ARCHITECT We hereby propose to furnish the materials and perform the labor necessary for the completion of / % /,C %mac — - n//,,,,E;ca‘--e,frz-Lj n;2_ Zerat R_ey-zi-erv3 _./1,4 '7'--) C ..,-.1-E. , -�<-ci -�1�r� � ��-r4fr-;& / . --�;-`-, - ..e$ (-ems - .'5-, o0O All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work an( completed in a substantial workmanlike manner for the sum of < 7or6-414- /— lam`—' ,tc?t_LA Dollars ($ 4'3 a tOd ) with payments to be made as follows. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge Respectfully over and above the estimate. All agreements contingent upon strikes, submitted accidents, or delays beyond our control. Per Note — this may be withdrawn by us if not accepted within day; proposal ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made outlined above. Date adams D8118 Signature Signature PROPOSAL SUBMITTED TO: WORK TO BE PERFORMED AT: rnur von.. IVV. SHEET NO. DATE (-NAME ADDRESS D% � ADDRESS ADDRESS iv-n-4 ,./71,' _6_,,z7j.,„1-p..—a,....-? D OF PLANS PHONE NO. ARCHITECT i We hereb propose to furnish the materials and perform the labor necessary for the completion of !i. A_ _ .ice i 41 / 4... _4.. .A. er aa ter_ it .�L� ./ :� _ _��' _ _ _ _ J / _ _ ,/ > r / / J _ AP V. i 6:147 ,s I' e.e)2 R4--ti A ,,4) . .)0' ,e-j7Sr1-. --to r --e-i - - - - S )./:,v(--? — Arrt-tx....<3 / `J — 707,..3n -- /-770{1 / 0 zit All material is guaranteed to be as specified, and the above work to be performed i accordance with the drawings and specifications submitted for above work an( completed in a substantial workmanlike manner for the sum of Dollars ($ ) ,_ 0 — ) with payments to be made as follows. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge Respectfully over and above the estimate. All agreements contingent upon strikes, submitted accidents, or delays beyond our control. Per Note — this may be withdrawn by us if not accepted within day: proposal ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made outlined above. Signature 025 Date a`.•.adams- D8118 Signature c PROPOSAL SUBMITTED TO: (NAME ADDRESS WORK TO BE PERFORMED AT: ADDRESS DATE OF PLANS PHONE NO. ARCHITECT We hereby propose to furnish the materials and perform the labor necessary for the completion of 44 () 7,30 a) 64-gcr-7 , All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work ani completed in a substantial workmanlike manner for the sum of chr. Dollars ($ / 6-� ) with payments to be made as follows. ,..3, Ci P. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order, and will become an extra charge Respectfully over and above the estimate. All agreements contingent upon strikes, submitted accidents, or delays beyond our control. Per Note — this proposal may be withdrawn by us if not accepted within day: ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made outlined above. Date a`;adamss D8118 Signature Signature ailmumui ureok-r Ltwir TfLo- of Visit 1-5 ES NIA t3 ?otel, •eur HEDULE FOR BBB sterner Name BO- kf)ki Z4 t4.1 nail iNER AGREES To provide electrical outlet e forpump. To clear materials 4from or inside perimeter. To cover or remove any Items from basement they have concerns about istonter responsibility remove the following tin crew arrives to gin and to replace n completed: Washer/Dryer Shelving/Cabinets Refrigerator/Freezer Water Heater Water Softener r Furnace Toilet ShoweriBathtub 12' up from Floor Floor to Ceiling ads ir up from floor fiaortoCeig% BASEMENT WATERPROOFING, INC. 2745 18th Avenue • Moline, IL 61265 Phone IL (309) 764-1514 • IA (563) 386-0986 • (800) 981-0986 Address 3 (.in-- WIf AV E.- city Dv 6ute. U state Zip Notes Home / Work Ph Cell Ph $-624- 651 - lts-cq • • 0 UF64 '!fc)i)t-4.e,Re T 1 6R,M.4) ;0.04.1414A. I.! fRi4;r;p;0- Fj. 4)4 ; ojtai €/z t p 0? J 4Ti; Hot. t-e? L:4) t1hETL Coalk /JtT XTINI 'TOr IP Pk. Frif L • .1 ' 1.61.04.44/Iii.NitigO TS 4•41,7 t,74‘.! OTA - • • • -« • • •1V4 • r . :frit 4440 - 4 t Pog'T,A44,5p,m4,,i;i P;:rglt, PESCOPTION COD Cement Block We 0 Limestone Block Wall O Poured Concrete Wall O ' laRed Clay Block Concrete Floor O Exposed Footing O Water in void space of wail O ater thru crack(s) in wall Water thru footing/wall seem O Water over foundation wail /OA linear ft of socked 4" Pipe as note by the dashed lines on diagram. O Zoeller Sump Pump O Zoeller Battery Back Up O Honeywell High Water Alarm O 30" Perforated Basin O 1 Piece Lid 0 2 Piece lid O Check Valve 1011111f reeze Guard rip- 1.5" discharge line 20 Hoer ft. [?'Exposed Poly Orakaigellibing 0 Buried PVC O 4.0" discharge line linear ft_ Buried 0 Buried wl Leaching Buried w/Pop-Up .7 sheeted white Waterptvot Penal GaNanized !beam ForteleStablikationalnow/Nack -.-73-- Z/C)/Lezi,,‘ Cea____c_t7t, c7i—C-e_ ----A-7-------//-a_& ,z7-,-Lc,,,,Li t,,..( " 2 ,C7-27( --&- de:y-2J -6,Li2e__,,,eD4,_e_. �� %.-/ f 1 f AMF //Cie- ,-- // A}---- i ...-4:0 .1... - 07/ i o ,i; - -�-, -Ai A.��i : �IF ✓4I _ ' :..�!,i , Ai1-, l'__ j:179.41 4e4n,� vzn..h� 7 cv a�rw Gilly's Plumbing & Repair 1047 West 5th Street Dubuque, Iowa 52001 (563) 513-1002 Name / Address Pat Konzen 3145 Windsor Ave Dubuque, Iowa 52001 Estimate Date Estimate # 12/6/2018 104 Project Description Qty Rate Total Labor to remove & dispose of basement toilet & shower 1 100.00 100.00 0 100.00 0.00 Labor to replace cold water line & tub drain 1 100.00 100.00 1/2" brass 1/4 turn boiler drain 1 15.25 15.25 1/2" MEP copper adapter 1 2.61 2.61 , 1/2" M copper pipe 3 1.47 4.41 , 1/2" copper tee 2 1.21 2.42 , 1/2" copper 90 1 0.74 0.74 , 1/2" compression angle stop 1 1024 10.24 , 1/2" pex male sweat adapter 1 2.12 2.12 1/2" poly pex plug 1 0.48 a 0.48 1/2" pex crimp 2 0.72 1.44 1 1/2" PVC p-trap 1 4.89 4.89 c 1 1/2" PVC pipe 5 0.84 4.20 1 1/2" PVC trap adapter 1 1.79 1.79 1 1/2" PVC j-hook 1 0.82 0.82 1 1/2" rubber coupling w/ clamps 1 4.57 4.57 s 0 155.98 0.00 Labor to install basement shower & toilet 1 300.00 300.00 , Gypsolite 501bs 0.3 27.55 8.27 . 2" PVC 22 1 2.79 2.79 , 2"PVCst22 1 3.91 3.91 2" PVC pipe 1 1.24 124 1/2" pex MP adapter 3 2.70 8.10 , 1/2" pex pipe 15 0.62 9.30 1/2" pex90 2 1.71 3.42 , 1/2" pex crimp 8 0.72 5.76 brass adjustable closet bolts 1 5.78 5.78 Bowl wax 1 221 2.21 12" toilet supply 1 5.62 5.62 0 356.40 0.00 Labor to remove old & install new vanity 1 90.00 vetWitite 2"x 1 1/2" PVC tee 1 3.01 1 1/2" PVC 45 1 1.19 9 1 1/2" PVC pipe 6 0.84 1 1/2" PVC j-hook 2 0.82 Total Page 1 jrs 9E C7. 6, S-7O, 7: S 7r'l r /, S $O t sue, r' Ss8r7; oy, Ss 6a6, 7, bid / 9 � 30 MidAmerica Bo Basement & foundation Specialists Prepared by: Prepared for: Justin Anderson Patrick Komzen jnderson@mabasement.com munkeyarms@gmail.com MidAmerica Basement Systems P (563) 557-7159 www.midamericabasementsystems.com Job location: TF (800) 541-8006 3145 Windsor Ave F (563) 326-3214 Dubuque, IA 52001-8155 License# 0700209`GEN Prepared on: 4-2-19 Proposal Project Summary My Basement $7,290.00 Total Investment $7,290.00 Total Contract Price $7,290.00 Deposit Required - 10% $729.00 Deposit Paid $0.00 Amount Due Upon Installation $7,290.00 Customer Consent Any alteration from the above specifications and corresponding price adjustment (if necessary) will be executed only upon written orders at the Customer's request or approval. Completing the work in this Proposal at the time scheduled is contingent upon accidents or delays beyond our control. Installation of the system does not include painting, finished carpentry, extending discharge lines, electrical work, or replacement of floor coverings. Homeowner assumes all responsibility for damages due to breakage of any hidden fuel/utility service lines, though we will do our best to avoid such damage. This Proposal may be withdrawn if not accepted by the Customer within 30 days. All material is guaranteed to be as specified. All work to be completed according to standard practices. If the existing construction and/or concrete thickness are not of normal construction and/or do not meet building row itional charges may be required to prepare the affected area for proper installatio Authorized Signature Date q/2//7 Acceptance of Contract— I am/w a aware of and agree to the contents of this Proposal, the attached Job Detail sheet(s), and the attached Limited Warranty, ther, the "Contract"). You are authorized to do the work as specified in the Contract. I fully understand and accept the transfers arranty provided, which covers only the areas of the basement addressed and does not cover water damage. This Proposal is based primarily on the Customer's description of the problem. Customer shall grant contractor a 60 day right to remedy any problem after reported. Homeowner responsible for moving objects away from walls and back again. Some dust should be expected from work and homeowner is responsible for covering personal items with plastic prior to start of work_ Payments to be made in full upon completion. I will pay your service charge of 1-1/2% per month (18% per annum) if my account is 30 days or more past due, plus your attorney's fees and costs to collect and enforce this contract. Customer Signature Date MidAmerica Basement Systems Job Location Page 1/6 4525 Buckeye St Davenport IA 52802 3145 Windsor Ave Dubuque IA 52001-8155 4-2-19 The Komzen Residence Name: Patrick Komzen Address: 3145 Windsor Ave Dubuque, IA 52001-8155 Primary: (563) 557-7159 Email: munkeyarms@gmail.com Prepared By: Justin Anderson Job 3145 Windsor Ave Location: Dubuque, IA52001-8155 Total: $7,290.0 • WaterGuard 100 ft $52.00 per ft $5,200.00 • SuperSump Plus 1 $1,500.00 per item $1,500.00 • CleanSpace Wall System 100 ft $14.00 perft $1,400.00 • Military Discount 1 $-810.00 per item $-810.00 #3a Job Details CleanSpace Wall System WaterGuard WaterGuard GleanCnnrg' Wall System Front Type of Wall Block Existing Wall Finish Plain Existing Floor Finish Concrete Discharge line length away from house 10 Wall Height ft 7.5 MidAmerica Basement Systems Job Location Page 2/6 4525 Buckeye St Davenport IA 52802 3145 Windsor Ave Dubuque IA 52001-8155 4-2-19 Job Details (Continued) Specifications Install WaterGuard sub -floor drainage system as indicated in job drawing. If floor thickness is less than 3 1/2" thick over the footing, the footing may need to be shaved or FlowGuard SS may need to be installed. Install Zoeller 1/2 hp cast iron pump in twin liner. Includes 1 CleanPump stand, airtight lid with airtight floor drain, WaterWatch alarm system, IceGuard and Lawnscape outlet. Install CleanSpace Wall System on walls as shown on drawing. Contractor Will 1.) Perform the work specified. Customer Will 1.) Move all items away from the perimeter walls by at least 4 feet and cover them 2.) Remove cabinets/shelving/benches/washer/dryer/sink and any other fixtures in work areas 3.) If Customer does not have the prep work done as specified in the paperwork, an additional cost of $50 per man, per hour will be added to the quoted price. Additional Notes MABS will install Water Guard around the perimeter of the basement. WG will be tied into a super sump and discharged out of the back wall toward the back yard. Super sump to be installed in the existing sump location. MABS will install clean space on all the walls to prevent moisture build up or water intrusion. Home is currently waterproofed, current water proofing is failing causing water intrusion from the walls and the floor/wall joint. previous contractor appears to have sealed up the dimple board under the floor with concrete not allowing the water from the walls to drain into corrugated tile. contractor appears to have sealed up the wall drain of current tile system with caulk not allowing moisture to escape and developing mold. Existing sump pit appears to be dry, drain tile isnt collecting water properly. Sump should have waterfrom the tiling system that was installed. Homeowner to move items away from the walls for WG installation. Homeowner to provide proper dedicated outlet for sump. Customer Why:Homeowner wanting peace of mind that water intrusion stops so the basement can be possibly finished in the future. Customer understands all the requirements and notes above: Initial Product List WaterGuard 100 ft SuperSump Plus 1 CleanSpace Wall System 100ft Military Discount 1 MidAmerica Basement Systems Job Location 4525 Buckeye 5t Davenport IA 52802 3145 Windsor Ave Dubuque IA 52001-8155 Page 3/6 4-2-19 Limited Warranty Standard Exclusions Permitted By State Law This Limited Warranty ("Warranty") is made in lieu of and excludes all other warranties, express or implied, and all other obligations on the part of the contractor ("Contractor") to the customer ("Customer'). There are no other verbal or written warranties, no warranties which extend beyond the description on the face hereof, and NO WARRANTIES OF EXPRESS OR IMPLIED MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE. Some states do not allow the exclusion or limitation of certain warranties, so some of the above exclusions and limitations may not apply to Customer. General Terms For the applicable time periods indicated below, this Warranty is transferable, for a fee, to future owners of the structure on which the work specified in this Contract is completed and the contractor is notified within 30 days of the real estate transfer. This Warranty is in effect if the job specified in this Contract is completed and paid in full and, alternatively, is null and void if full payment is not received. If, at a later date, customer fails to pay contractor within thirty (30) days for additional services contractor provides to customer at customer's request (for example an annual maintenance appointment), this warranty will be suspended until full payment is made. Contractor does not warrant products not mentioned below, but some of such products may be covered by a manufacturer's warranty. All material used is warranted to be as specified in this Contract All work will be completed in a workmanlike manner according to the standard practices of the industry. Contractor's workers are fully covered by Workers' Compensation insurance. Customer should retain this document for full details on the warranty. Exclusions From This Warranty This Warranty does not cover and Contractor specifically disclaims liability for: 1) exterior waterproofing; 2) system damage caused by Customer's negligence, misuse, abuse, or alteration; 3) dust incidental to installation; 4) damage to real or personal property of any type such as walls, counter tops, floor coverings, framing, sheetrock, exterior materials, cabinets, appliances and so on including any damage alleged to have been done by the Contractor's use of heavy equipment necessary to complete the job, or alleged to have been done by the foundation lifting operation; 5) utility line breakage; 6) Any injury or damage caused by mold to property or person; 7) failure or delay in performance or damage caused by acts of God (flood, fire, storm, methane gas, etc.), acts of civil or military authority, or any other cause outside of its control; 8) damage done during a lifting operation; 9) damage from basement water seepage; 10) heave of foundation or slab or any damages caused by it including adjacent slabs that have heaved making the repaired slabs look lower; and 11) damage caused by lateral movements and forces of hillside creep, land sliding or slumping of fill soils of deep embankments. 12) any damages caused by radon gas including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. Items For Which Customer Is Responsible Customer is responsible for.1) making full payment to the crew leader upon completion of the work; 2) preparing the work area for installation including moving all obstacles; 3) any finish carpentry, painting, paneling, landscaping, sealing of joints and cracks in concrete etc. that may be necessary after Contractor's work is finished if not included in scope of work; 4) marking any private lines such as satellite cables, propane lines, sprinkler system lines, etc.; 5) maintaining positive drainage away from the repaired wall(s); 6) keeping gutters clean and in good working order; 7) directing downspouts a sufficient distance away from the repaired wall(s) and slabs and maintaining positive drainage away from the foundation; 8) maintaining proper expansion joints in concrete slabs that are adjacent to the repaired wall(s); and 9) any items mentioned in this Contract under"Customer Will" or "Additional Notes." MidAmerica Basement Systems Job Location 4525 Buckeye St Davenport IA 52802 3145 Windsor Ave Dubuque IA 52001-8155 Page 4/6 4-2-19 Limited Warranty (Continued) Water Control/Crawlspace Warranty Warranty is in effect when job is completed and paid in full. If water from the walls or floor wall joint passes through the perimeter water control system and onto the basement floor we will provide the additional labor and materials to fix the leak at no additional charge to the homeowner. This warranty applies to WaterGuard, FlowGuard SS, and DryTrak systems, along the specific areas where the system is installed. Partial perimeter systems carry a limited warranty. Said warranty will be In effect for the lifetime of the structure. This warranty may be transferred with a fee to future homeowners provided we are notified within 30 days of the real estate transfer. The water control system shall not rust, rot or corrode for as long as you own the home. If the entire perimeter of the basement was not treated, then additional work at additional charge could be necessary to extend the system or treat other areas or other problems not addressed by this work. In addition, a pump or power failure is possible, therefore this warranty is not a guarantee of a dry basement, as the scope of this work cannot guarantee that in all circumstances. This warranty shall not apply to: condensation, or any system that has been altered in any way, water vapor transmission, concrete discoloration from capillary action, water squirting out of the walls over the system, window well flooding, plumbing leaks, surface water flooding, leaks from chimneys or garages, or efflorescence (white powder) on concrete. Contractor can not be responsible for peeling paint, water once pumped from the house, dust created from installation, damage to hidden fuel lines or plumbing, or frozen discharge lines without an IceGuard. A DryTrak system alone will not eliminate seepage from floor cracks. Floor cracks are warranted against leakage with full perimeter WaterGuard systems. Primary AC operated sump pumps and DC back-up pumps are covered under a separate manufacturer's warranty. The manufacture's warranty is 36 months from date of manufacture on AC pumps and 12 months from date of purchase on DC pumps. Failure of any pump for any reason is outside the scope of this warranty. Back-up pumps that run off a battery, if not maintained, or that are called on to run beyond the current life of the battery, can fail. These systems are very much recommended, but cannot be relied upon to work in every situation. Annual maintenance is recommended, to find potential problems. but not required for this warranty to be in effect Electrical work is not included in the contract and problems from electrical connections or lack thereof are disclaimed. Systems that drain to daylight can not be warranted by the contractor if such drain: does not drain enough water, does not drain water from under the floor, clogs or freezes. While drainage systems clogging or malfunctioning from iron ochre, iron gel or iron bacteria from the soil are rare, the contractor can not be responsible for these situations, and that system will require cleaning, flushing or other service as necessary to keep it functioning for that particular situation.Wall cracks repaired with FlexiSpan are warranted against leakage for 5 years. Walls repaired with Polyurethane Injection are warranted against leakage for 20 years. A CleanSpace, crawl space encapsulation system will isolate the home from the earth. The humidity level in the air will be lowered, reducing moisture needed for mold growth, however the encapsulation system does not claim to be a mold mitigation system. Wet crawl spaces require a drainage system, and a SmartSump system to remedy the problem with water below the CleanSpace liner. CleanSpace has a transferable 25 year warranty — there will be no charge for service calls on any tears or holes in the CleanSpace liner, in the unlikely event this occurs. Sump pumps are covered under a separate manufacturer warranty. Installation of the system does not include extending discharge lines, or electrical work unless specified. Contractor is not responsible for frozen discharge lines without an IceGuard, water once pumped from house, or condensation. THIS WARRANTY DOES NOT COVER, AND THE CONTRACTOR SPECIFICALLY DISCLAIMS LIABILITY FOR WATER DAMAGE TO FLOOR COVERINGS,FURNITURE, STORED ITEMS, FINISHED WALLS AND OTHER OBJECTS INSIDE THE FOUNDATION. Contractor will not be responsible for any damages caused by mold, to include but not be limited to property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects. Homeowner agrees to keep area dry and report all other obligations on contractor's part. There are no other warranties verbal or written. MidAmerica Basement Systems Job Location 4525 Buckeye St Davenport IA 52802 3145 Windsor Ave Dubuque IA 52001-8155 Page 5/6 4-2-19 Notice of Right to Cancel You are entering into a contract. If that contract is a result of, or in connection with a salesman's direct contact with, or call to you at your residence without your soliciting the contract or call, then you have a legal right to void the contract or sale by notifying us within three business days from whichever of the following events occurs last: 1. The date of the transaction, which is: or 2. The date you received this notice of cancellation. How to Cancel If you decide to cancel this transaction, you may do so by notifying us in writing at: MidAmerica Basement Systems TF (800) 541-8006 F (563) 326-3214 www.midamericabasementsystems.com 4525 Buckeye St Davenport, IA 52802 You may use any written statement that is signed and dated by you and states your intentions to cancel, or you may use this notice by dating and signing below. Keep one copy of the notice because it contains important information about your rights. If you decide to cancel this contract, for any reason, after your legal THREE DAY RIGHT TO CANCEL, you will forfeit your total deposit amount. Full Perimeter System, TripleSafe pump system, and Full Wall System (helps with drainage and radon gas) recommended: Initial I wish to cancel. Owner's Signature Date Owner's Signature Date The undersigned acknowledges receipt of the a copy of the Notice of Right to Cancel. Owner's Signature Date Owner's Signature Date MidAmerica Basement Systems Job Location 4525 Buckeye St Davenport IA 52802 3145 Windsor Ave Dubuque IA 52001-8155 Page 6/6 4-2-19 Masterpiece on the Mississippi Dubuque brittl N-herban NW)ii'j`i 1' 2007.2012 2013.2017 EQUAL HOUSING OPPORTUNFTY City of Dubuque Bee Branch Healthy Homes Program 350 W. 6th Street, Suite 316 Dubuque, IA 52001 Office (563) 690-6168 April 15, 2019 Pat Konzen 3145 Windsor Ave Dubuque, IA 52001 Re: BBHH Resiliency Work Dear Mr. Konzen: After speaking with all the parties involved with the work that was done on your home at 3145 Windsor Ave and looking over the specs that were given to you and that you signed off on, I have determined this project to be closed. The specs were very clear on what was going to be done with regards to the work being performed and by all accounts, that work was done accurately, completely and efficiently. You have been given instructions on how to enhance these improvements as well and that is your responsibility to follow through on. Also, your requests for further work to be done is outside the original specs and would call for a change order or even new specs, which at this time seems unreasonable and unnecessary. If you have any questions or concerns with this letter or any other matter concerning the Bee Branch Healthy Homes Program, you may contact the City of Dubuque under the Government section, under the City Attorney header and click on Filing a Claim. 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Uu y-e s)_ _1 i _/.3 ►i V,hA 0 =-$► __ - - eN eSfe s; -7 _/ 57- 0- ,2____q__s__Z________„(10 V � ecep f_ 1 Tp S c0Sr ;1I c _- Hi PPe9( 4100 Thy e u (t Nor Be_"Gw ge s. uFie /e ,e© C/A),® s -J ftS- e,s ee /11t.._ f F/3Fd►EM e 0 , (f ,N,5 Wdd(- G3Ea t e12 sao a 'mil r c_ r-- . 1 7 COCD Barry A. Lindahl, Esq. Senior Counsel Suite 330, Harbor View Place City Attorney's Office 300 Main Street Dubuque, Iowa 52001-6944 (563) 533-4113 office (563)583-1040 fax balesq'acitvofdubuque.orq Ott Hour;: 8:00 _A\I — 5:00 PM. T-W-TO 8:00 .AM — 12:00 PM, F Patrick Konzen 3145 Windsor Avenue Dubuque, IA 52001 THE CITY OF Dubuque City DUBtJE ' 1° 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 January 15, 2020 RE: Your Claim Against the City of Dubuque Dear Mr. Konzen: Thank you for your response to my request for additional information. We are trying to arrange a meeting with representatives of Ace Construction and Burds Waterproofing. Ace Construction has agreed to a meeting but I have not yet heard from Burds Waterproofing. I will get back to you as soon as I have heard from Burds Waterproofing. Very sincerely, arry A. Lindahl 'enior Counsel BAL/tis cc: Alexis Steger, Housing & Community Development Director Brenda Snyder, ICAP( Jeffrey Walters, Esq. F:\USERS\tsteckle\Claims\Konzen Patrick\Konzen_Meeting_011520.docx Barry A. Lindahl, Esq. Senior Counsel Suite 330, Harbor View Place City Attorney's Office 300 Main Street Dubuque, Iowa 2001-6944 (563) 533-4113 office (563) 533-1040 Fax ba'.esc;f6 cih ot'dubuque.or, Office Hours: 3:00 - 5:00 PM, T-W-T- 4:00 .-\'i l_:'10 P)d, F Patrick Konzen 3145 Windsor Avenue Dubuque, IA 52001 Masterpiece on the Mississippi December 30, 2019 RE: Your Claim Against the City of Dubuque Dear Mr. Konzen: Dubuque UtIl•1rml18m Cry IIIPT 2007-2012-2013 2017*2019 747 'n > 0 cD N CD CO m I received your voice mail from today. I have reviewed the very lengthy file the City has on this project and it is difficult for me to determine what items you believe were not properly constructed and what corrections you believe the contractor should make. I believe it would be helpful for you to provide the information I am requesting before we discuss what part the City can offer in resolving this dispute. I would ask that you provide me with (1) a precise list of items that you believe need to be corrected, (2) what corrections you believe are necessary, (3) and what efforts have been made to date to correct any of the items. My intent would be to present this list to the contractor for a specific response to each of the items you list. I believe that there was been a lot of miscommunication about this project among all of the parties and this may provide a fresh start toward getting to the bottom of the issues. Very s' •-rely, Barry A. Lindahl Senior Counsel BAL/tls cc: Alexis Steger, Housing & Community Development Director Brenda Snyder, ICAP F:\USERS\tsted<le\Claims\Konzen Patrick\Konzen_ItemizedList 123019.docx BIDDER agrees to perform all the WORK described in the CONTRACT DOCUMENTS for the following unit prices or indicated sums: 01 A Purchase a building permit from the City of Dubuque as necessary for this project. It is the contractors responsibility to schedule all inspections, as required, with the City of Dubuque Building Services Department. / D SPEC # DESCRIPTION BID AMOUNT BASEMENT 01 Within the basement area location left rear, remove the concrete floor and over dig the hole for the sump jar by about six inches in all directions. Install about 18 inches out from the corner. Fill the area around the 13 by 30 sump jar and around the tile with clean gravel. Re -cement the removed concrete floor and finish smooth. This sump jar must have a sealed lid. Install a 314 HP sump pump with backflow valve and discharge, to the exterior near gradc level. Also, install a battery backup sump pump to discharge in the same location with a minimum pump rate of 2,000 GPH. Install with backflow valves. Install a 1 S-inch air admittance valve near the ceiling to vent the sealed sump jar. Provide a dedicated 20 A'V1P receptacle in accordance with NEC requirements. Use conduit drop and install to code and City requirements. A City permit and inspection may be required on some of these items. Take precaution to reduce dust on the main level with floor protection, and seal off the basement when working. Remove the flooring along the wall to the toilet/shower in both directions from the sump. Remove soil to about 12 inches deep and install 3-inch drain tile to the sump pump and clean gravel around the tile. Drill holes from the base of the block wall with 3/4 inch holes and install tubing to the top of the drain tile (one tube per block). caulk before cementing. Recement and finish smooth. 03 Remove the paneling on the walls by cutting directly below the drop ceiling. Dispose of all material on inside and outside walls. Clean the basement walls and paint all with two coats of white water block style paint. Install per manufacture installation instructions. Remove any loose paint from the exterior walls. Vacuum clean the basement floors. Spray all the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. lZ 06 Install a Panasonic exhaust fan with a three -speed DC fan ((50,80,110), or variable speed) or approved equal, and vent to the exterior of the house with solid insulated pipe. Install with a humidity sensor (extra from manufacture). Install on lowest speed or as needed for the size of the house. Install at a central location. Install to manufactures installation requirements. Correct furnace filter bracket to hold filter. 07 Paint the basement window sashes, jambs, and all painted areas with two coats of white paint to cover. PRESUMED LEAD HAZARD. HOUSE OTHER 08 Paint the rear door jamb previously painted jamb areas. PRESUMED LEAD HAZARD Po\12- - &1-.et & -- 09 Paint the second -floor windows with two coats of paint to cover. This is all previously painted surfaces with sash, jamb, sill, trough, and trims. PRESUMED LEAD HAZARD 11 Replace the gutters with 6 inch gutters with gutter guard. Install large down spouts and extend away from the house as best as possible. White in color. Install a Carbon Monoxide alarm with a 10-year battery. Install on the lowest habitable level with finished room, and in accordance with manufacturer installation requirements. If you need location clarification, ask for guidance before installation. Near the thermostat may be a likely option. Remove the sidewalk on the right side of the house from the rear corner to the front sidewalk. Raise the sidewalk as high as possible on the house and pin to the house. Slop away from the house at about 3/16 inch drops per foot. Install four -inch solid drain tile from the rear down spout to the front down spout. Make sure tile has adequate slope for drain. Use square drain openings at grade level with grated cover so that the tiles are not directly connected to the drain tile. Run tile under the sidewalk to the grass slope on the left side of the lot (lower level). install new concrete graded away from the house and fmish smooth. Cut to quarter depth of walk into equal squares. Install about 4-inch-thick with number 3 bar 18" O.0 square. 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Dectsio,k_i . -7-.- 6 u 171 0. iv GT cc el6. 7 d cJ 13. 11-1 ce_- Pe (17- .er11- w T e E 1‘.,t _ _ .r--) __ t dL,' 3 /175 (:)//u,m) A A U ni 0 rn DUBUQUE BEE BRANCH HEALTHY HOMES (BBHH) REHABILITATION CONTRACT, PROJECT NUMBER: 971-190304 13-NDRH-001 TO: Pat Konzen (hereinafter referred to as the "OWNER") Street Address: 3145 Windsor Avenue City, State & Zip Code: DUBUQUE, IA 52001 AND TO: CITY OF DUBUQUE, IOWA (hereinafter referred to as the "CITY OF DUBUQUE"), 50 W. 13th Street, Dubuque, IA 52001. (City Hall) From: Ace Construction (hereinafter referred to as the "CONTRACTOR") Street Address: 1212 Miller Rd. City, State & Zip Code: Dubuque, IA 52003 State Contractor License# C118663 Telephone Number 563-495-8193 GENERAL CONDITIONS 1. Each Bid and Proposal for the Project shall be opened at the date and time specified in the Invitation to Bid and shall be an irrevocable and continuing Bid and Proposal, which the CITY OF DUBUQUE may accept for a thirty (30) day period from said date and time. 2. The Bid and Proposal shall be accepted by the CITY OF DUBUQUE and OWNER upon approval of a Housing Rehabilitation Grant. If such Grant is disapproved, the entire Bid and Proposal is null and void. The CITY OF DUBUQUE has retained EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION hereinafter referred to as "ECIA" to provide assistance in the administration of this contact. 3. The OWNER is obligated to issue a written Proceed Order within ten (10) days from the acceptance of the CONTRACTOR'S Bid and Proposal, and no work shall be commenced by the CONTRACTOR until such notice has been received. If the Proceed Order is not received by the CONTRACTOR within this period, the CONTRACTOR has the option of withdrawing his or her Bid and Proposal. 4. The CONTRACTOR shall commence work within seven (7) days after issuance of the Proceed Order. 5. The CONTRACTOR shall satisfactorily complete all work within 60 calendar days after the issuance of the Proceed Order, unless an extension is granted by the City in the form of a written change order. Due to difficulties involved in determining actual damages caused by unreasonable delay in the completion of Contractor's duties, it is agreed that a liquidated amount for damages should be set forth herein. Contractors agrees that liquidated damages in the amount of $50 per day is a fair, reasonable and appropriate method for determining reimbursement of damages to the City of DUBUQUE, Iowa, under the terms of this contract. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 1 of 11 As such, for each calendar aay that any work, including all contract bid items, change order items, and complete clean up of the project site remains uncompleted after expiration of the contract time as herein stated, the Contractor will pay as liquidated damages to the City of DUBUQUE, Iowa, the sum of $50 for each day until completion. 6. Payment under this Contract shall be: Progress payments shall be made based on the percentage of work item completed, with an amount not to exceed twenty (20) percent withheld until such time all work is completed, inspected and approved by ECIA, the CITY OF DUBUQUE, and OWNER. Requests for progress payments and final payment shall be made by using the standard forms provided by ECIA and no payments shall be disbursed until all required lien waivers and manufacturer's warranties have been delivered by the CONTRACTOR to ECIA, and the CITY OF DUBUQUE and ECIA has inspected, approved and verified the completed work claimed. 7. Measurements stated in the Project Specifications ("Exhibit A", attached), or Drawings ("Exhibit B", if applicable, attached) are only approximate. The CONTRACTOR is responsible for making exact measurements to assure that the specific items called for in the Project Specifications or Drawings will be completely provided for. The intent of the Project Specifications, Drawings (if any) and the ECIA Housing Rehabilitation Specifications is to serve as guidelines, and any omissions in the description of workmanship do not relieve the CONTRACTOR of delivering a completed project in a workmanlike manner, in accordance with generally accepted practices. 8. The CONTRACTOR shall be required and agrees to: A. Furnish evidence of the following minimum insurance coverage and limits: Refer to the full BID AND PROPOSAL SPECIFICATIONS FOR THE RESIDENCE The CONTRACTOR shall submit a Certificate of Coverage to ECIA for approval, and no cancellation or change shall be permitted without a written notice of such change or cancellation, which must be presented to ECIA ten (10) days prior to any such alteration. If coverage is due to expire during the contract period, a new Certificate of Coverage shall be presented to ECIA. It is further specifically stipulated that the Insurance Coverage shall include an endorsement, by CONTRACTOR'S Insurance Carrier, that so far as CONTRACTOR'S Insurance Coverage is concerned, it is specifically agreed that said Carrier shall never, in connection with any tort litigation arising under said coverage herein, assert the defense of nonliability based upon the fact that the CITY OF DUBUQUE is a governmental instrumentality and is immune to suit. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 2 of 11 B. To provide information as necessary and as requested by the Iowa Economic Development Authority for the purpose of fulfilling all reporting requirements related to the CDBG program. C. If the activity cost exceeds $2,000 and the property is designed for the residential use of twelve or more units (Home funds) or eight or more units (CDBG funds) pay wages at rates not less than those prevailing on similar construction in the locality as determined by the U.S. Secretary of Labor to all laborers and mechanics employed by contractors and subcontractors, in the performance of construction work financed in whole or in part with federal funds. D. Obtain and pay all permits and licenses necessary for the execution and completion of the work and labor to be performed. D. Perform all work in accordance with the Project Specifications, Drawings (if applicable) and ECIA Housing Rehabilitation Specifications. Where the Project Specifications, Drawings (if applicable) or ECIA Housing Rehabilitation Specifications are silent or ambiguous, the CONTRACTOR shall immediately contact ECIA for appropriate instructions. If the Project Specifications, Drawings (if applicable) or ECIA Housing Rehabilitation Specifications conflict with local codes or ordinances, the more stringent requirement shall apply. The rehabilitation of residential structures with assistance provided under this Contract is subject to Title IV of the Lead Based Paint Poisoning Prevention Act (42 USC 4831) as implemented through regulations contained in 24 CFR, Part 35. Only first class materials shall be used, unless otherwise specified. E. Comply with the U.S. Department of Housing and Urban Development Lead Safe Housing Regulations — 24 CFR Part 35, et al, "Requirements for Notification, Evaluation and Reduction of Lead -Based Paint Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance: Final Rule." G. 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 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 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 3 of 11 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 such 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 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 (I) 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 interest of the United States." Per 2 CFR 200.322, the CONTRACTOR agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. H. The premises shall be kept clean and orderly by the CONTRACTOR during the course of the work, and all debris shall be removed at the completion of the work. Materials and equipment that are removed and replaced as part of the work shall belong to the CONTRACTOR, unless other arrangements are made and approved by ECIA. I. Assignments or modifications of this Contract shall not be made without written consent from the OWNER and ECIA. Such a request shall be made in writing and shall be addressed to ECIA. J. Work performed under this Contract shall be guaranteed for a minimum period of one (I) year from the date of final acceptance, except where longer warranties are specified in the ECIA Housing Rehabilitation Specifications. All manufacturers' and suppliers' written 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 4 of 11 guarantees and warranties covering materials and equipment furnished under this Contract shall be given to the OWNER in care of ECIA. K. ECIA and the CITY OF DUBUQUE shall be permitted to examine and inspect the work on a continuing basis. 9. The CONTRACTOR will perform the removal, storage and replacement of rugs, coverings and furniture, as required. 10. The premises shall be occupied during the course of the work under this Contract and the OWNER will cooperate with the CONTRACTOR to facilitate the performance of the work. 11. The CONTRACTOR will defend, indemnify and hold harmless the OWNER, ECIA, the CITY OF DUBUQUE and its officers, commissioners and employees from liability and claims for damages because of bodily injury, death, property damage, sickness, disease or loss and expense arising from any of the CONTRACTOR'S actions under this Contract. 12. The CONTRACTOR shall protect, defend and indemnify the OWNER from any claims for unpaid work, labor or materials. Payment shall not be due the CONTRACTOR until ECIA has received complete release of all liens arising out of this Contract or receipts in full covering all labor and materials for which a lien could be filed, or a bond satisfactory to the OWNER and the CITY OF DUBUQUE all to the satisfaction of ECIA. 13. No modification of this Contract shall be made except by written Change Order, signed by the CONTRACTOR, accepted by the OWNER, and approved by ECIA. Any changes made to this Contract without obtaining such approval shall be the CONTRACTOR'S liability. No work shall be done until written change orders are executed and signed. 14. No public official or board or commission member of the CITY OF DUBUQUE or employee of ECIA shall have any interest, direct or indirect, in this Contract. 15. The Contract consists of the: A. Invitation to Bid B. General Conditions C. Bid D. Form of Bid Bond E. Notice of Award F. Notice to Proceed and the following documents incorporated herein by reference and identified as follows: "EXHIBIT A" PROJECT SPECIFICATIONS "EXHIBIT B" DRAWINGS (if applicable) "EXHIBIT C" ECIA HOUSING REHABILITATION SPECIFICATIONS 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 5 of 11 16. Disputes or claims pertaining to the Project Specifications, Drawings of applicable), ECIA Housing Rehabilitation Specifications or workmanship will be mediated by ECIA and a written determination of finding will be provided the OWNER, CONTRACTOR and the CITY OF DUBUQUE. If any interested party desires to contest such finding, a written request for review shall be submitted to the Rehabilitation Specialist of ECIA, who shall present the grievance before the Rehabilitation Committee of the CITY OF DUBUQUE. The proceeding shall be at the earliest possible time, but in no instance more than four (4) weeks from the date of receipt of the written request. The determination of the Rehabilitation Committee of the CITY OF DUBUQUE shall be final and binding on all interested parties. 17. If the CONTRACTOR defaults or neglects to carry out the work in accordance with this Contract, or fails to perform any provision of this Contract, the CITY OF DUBUQUE may, after seven (7) days written notice from the Rehabilitation Specialist of ECIA to the CONTRACTOR and without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the CONTRACTOR. If the unpaid balance of the contract sum exceeds the expense of finishing or correcting the work, such excess shall be paid to the CONTRACTOR. If such expense exceeds the unpaid balance of the Contract, the CONTRACTOR shall pay the difference to the CITY OF DUBUQUE. The CITY OF DUBUQUE reserves the right, upon recommendation of the Rehabilitation Specialist of ECIA, to terminate this Contract for reasonable cause. Reasonable cause shall be generally defined as any action which demonstrates unwillingness on the part of the CONTRACTOR to carry out the work in a timely and professional manner with a minimum of inconvenience to the OWNER. Such actions may be explicit or implicit and include, but are not necessarily limited to: A. Failure by the CONTRACTOR to keep scheduled appointments with the OWNER or ECIA. B. Flagrant disregard by the CONTRACTOR of the rights of the OWNER under this Contract, including the misrepresentation of any provision of the Project Specifications, Drawings (if applicable), or ECIA Housing Rehabilitation Specifications. C. Consistent production of unacceptable work by the CONTRACTOR. The Rehabilitation Specialist of said ECIA shall be the interpreter of the conditions of termination of this Contract and the sole judge of its performance. The Rehabilitation Specialist of said ECIA shall further provide the CONTRACTOR seven (7) days written notice of termination and the CONTRACTOR shall be compensated for all approved work performed up to the date of said notification. 18. Neither the final payment nor any provision of this Contract, nor partial or entire use of occupancy of the premises by the OWNER shall constitute an acceptance of work not done in accordance with this Contract or relieve the CONTRACTOR of liability in respect to any express warranties or responsibility for faulty materials or installation. The CONTRACTOR shall promptly remedy any defects in the work performed hereunder, and pay for any damage to the building or its contents resulting therefore, which may appear within a period of one (I) year from the date of final acceptance of the work. The OWNER shall give prompt written notice of observed defects in materials or installation to the CONTRACTOR and ECIA. 19. Final payment will be made to the CONTRACTOR when the Rehabilitation Specialist determines, thirty (30) days after a final inspection, that all work provided for in the Contract has been satisfactorily completed in a good and workmanlike manner, and in accord with all other 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 6 of 11 conditions of the Contract. The homeowner hereby agrees as a condition of receipt of the rehabilitation grant to execute the necessary documents to release final payment once the Rehabilitation Specialist has declared the CONTRACTOR'S performance complete and has approved final payment. If the OWNER or CONTRACTOR wish to contest the Rehabilitation Specialist's determination regarding final payment, procedures as set forth in Item 16 shall be followed. 20. Nothing contained herein shall establish the CITY OF DUBUQUE in this Contract as other than a grantor of funds with authority to review and inspect work performed under this Contract to the end that funds will be efficiently used as intended for the betterment of the Community in general and the OWNER in particular. 21. Prior to executing this Contract, the CONTRACTOR certifies that he or she has thoroughly inspected the premises and has determined the conditions of occupancy, availability of temporary utilities and identified any hazards or special conditions that might arise during the course of the work. If water, electricity or telephone service is connected to the premises at the time this Contract is executed, the OWNER shall permit the CONTRACTOR to use any such services so connected without charge during the course of the work. The telephone may be used by the CONTRACTOR for non -toll calls only. Any binding provisions between the OWNER and CONTRACTOR shall be set forth in this Contract; neither the CITY OF DUBUQUE nor ECIA shall become involved in a dispute between the OWNER and the CONTRACTOR arising from work performed outside this Contract. 22. It is hereby specifically set forth that only the work called for is subject to this Contract. The CONTRACTOR and/or OWNER shall be required to abide by the terms of this document, when properly executed, regardless of any other "side agreements" or "changes" oral or written. Any "side agreements" or "changes" shall have no effect on this document and the CONTRACTOR understands that he is entering into these "side agreements" or "changes" at his own risk. Neither will the CITY OF DUBUQUE uphold the OWNER for any items completed by the CONTRACTOR which are not specifically covered by this document. 23. Should serious structural deficiencies and/or building code violations be found during the course of the work, and such deficiencies are such that they would not be apparent prior to the commencement of work to a skilled and prudent contractor experienced in the type of work hereunder, the CONTRACTOR shall not be required to correct any such deficiencies under this Contract unless a price adjustment is agreed upon by the OWNER and CONTRACTOR and approved by ECIA. 24. The CONTRACTOR certifies and represents that he or she is not now, nor has he or she ever been, barred from participating in federal contracts. 25. The CITY OF DUBUQUE reserves the right to institute legal proceedings on behalf of the OWNER in any and all instances where the CONTRACTOR refuses to comply with the stipulations of this Contract. However, no such action will be instituted until all reasonable attempts to resolve the noncompliance have failed. 26. The CONTRACTOR and subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of the work to give up any part of the compensation to which he or she is entitled. 27. The CONTRACTOR shall provide ready access to any books, documents, papers and records which are pertinent to a specific Grant for the purpose of making audit, examination, excerpts and 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 7 of 11 transcriptions to the CITY OF DUBUQUE, Iowa Economic Development Authority, the Department of Housing and Urban Development, the Comptroller General of the United States, or any duly authorized representatives for a period not less than five (5) years from the date of final payment. 28. The CONTRACTOR agrees that in the event of the death of the OWNER, not survived by a spouse prior to the commencement of the work, this Contract shall terminate immediately. The CONTRACTOR further agrees that should the death of the OWNER occur after commencement of the work, but before completion and acceptance, this Contract shall also terminate immediately; provided, however, that the CONTRACTOR shall be allowed to continue that phase of the work commenced, as is necessary to complete that segment of the work being carried out at the time of the OWNER'S death. In such event, the CONTRACTOR shall be reimbursed on the basis of a proration of the completed work as compared with the work remaining to be completed. In either case of the termination of this Contract upon the OWNER'S death, the OWNER'S estate, the CITY OF DUBUQUE and ECIA shall be released and relieved of any such duties and obligations under this Contract, except as listed in this clause. 29. The CONTRACTOR agrees to comply with Section 3 of the Housing and Urban Development Act of 1968 and as amended (12 U.S.C. 1701u), set forth as follows: A. The work to be performed under this Contract is on a project assisted basis under a program provided for by direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of said Section 3 clause. Section 3 requires that, to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area 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 CONTRACTOR certifies that he or she is under no contractual or other disability which would prevent compliance with the Section 3 clause. C. The CONTRACTOR shall include the Section 3 clause in every subcontract for work in connection with the project and shall, at the direction of the CITY OF DUBUQUE or ECIA take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation. The CONTRACTOR shall not subcontract with any subcontractor where he or she has notice or knowledge that the latter has been found in violation of the Section 3 clause and shall not let any subcontract unless the subcontractor has first provided the CONTRACTOR a written statement of ability to comply with the Section 3 clause. D. Each labor union or organization with which the CONTRACTOR has a collective bargaining agreement, contract or understanding, if any, shall be sent a notice advising the said organization of the CONTRACTOR'S commitment under the Section 3 clause. The CONTRACTOR shall post such notice in conspicuous places available to employees and applicants for employment or training. 30. The CONTRACTOR agrees to comply with Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5309) which provides that no person shall be excluded from participation (or employment) in, denied program benefits of, or be subjected to discrimination under any program or activity funded in whole or part with CDBG funds on the basis of his or her race, color, religion or religious activities, handicap, age, sex or national origin. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 8 of 11 31. The CONTRACTOR agrees to comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which provides that no person shall be excluded from participation, denied benefits or subjected to discrimination because of race, color, religion, sex or national origin under any program or activity receiving federal financial assistance. 32. The CONTRACTOR agrees to comply with the Title VIII of the Civil Rights Act of 1968, as amended, which provides that no person shall be discriminated against in the sale, rental, financing or provision of brokerage services for housing because of race, color, religion, sex or national origin. 33. The CONTRACTOR agrees to comply with Executive Order 11063, as amended by Executive Order 12259, which provides that no person shall be discriminated against in the sale, leasing, rental or disposition of residential property or use of occupancy under any program or activity receiving federal financial assistance because of race, color, religion, sex or national origin. 34. The CONTRACTOR agrees to comply with the Age Discrimination Act of 1975, as amended (42 U.S.C. 1601 et seq.), which provides that no person shall be discriminated against participation or denied benefits in the sale, leasing, rental, disposition, or rehabilitation of residential property or use of occupancy under any program or activity receiving federal financial assistance because of age. 35. The CONTRACTOR agrees to comply with Section 504 of the Rehabilitation Act of 1973, as amended (P.L. 93-112, 29 U.S.0 794), which provides that no person shall be discriminated against participation or denied benefits under any program or activity receiving federal financial assistance solely because of a physical or mental handicap. 36. The CONTRACTOR agrees to comply with the Americans with Disabilities Act (P.L. 101-336, 42 U.S.C. 12101-12213), which provides that no person shall be discriminated against participation or denied benefits in the areas of employment, public accommodations, state and local government services, and telecommunications because of a disability. 37. The CONTRACTOR agrees to comply with Federal Executive Order 11246, as amended by Executive Order 11375 which provides that no one be discriminated in employment. 38. The CONTRACTOR agrees to comply with Federal Executive Order 11063, as amended by Executive Order 12259. 39. It shall be unlawful for any OWNER of any property receiving assistance from any government program to discriminate against any contractor, subcontractor, supplier, inspector, journeyman, or any other person involved in the rehabilitation process, on the basis of race, color, religion, sex, national origin, age, physical or mental handicap, or sexual orientation. If any such discrimination occurs, the assistance shall be immediately cancelled and no assistance will again be made available to that OWNER. All funds allocated to the OWNER shall be immediately returned to the source of funding and if payments have been expended the OWNER shall reimburse the amount expended to the CITY OF DUBUQUE and/or the Federal government. The work on the project shall also be immediately stopped and it shall be the responsibility of the OWNER to complete the rehabilitation process by their own means with no assistance from the CITY OF DUBUQUE. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 9 of 11 40. The CONTRACTOR and OWNER by entering into this Contract, do by said act, warrant and represent, that to the best of their knowledge, no officer, employee, or agent of the said CITY OF DUBUQUE who exercises any function or responsibilities in connection with the carrying out of the Project to which this Contract pertains, has any personal financial interest, direct or indirect, in this Contract. 41. The OWNER shall release all monies due the CONTRACTOR for work satisfactorily performed under this Contract regardless of any problem, complaint or dissatisfaction with work or materials contracted for, either orally or in writing, outside of the scope of this document. 42. The OWNER shall sign a promissory note to secure the full amount of the grant prior to . authorizing the CONTRACTOR to proceed with the work. At the completion of the work on the OWNER'S house, the note with any necessary revisions to the amount shall be recorded with the County Recorder. 43. The CONTRACTOR agrees to comply with the certification regarding government -wide restriction on lobbying as follows: CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING. The CONTRACTOR certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid by or on behalf of Recipient, to any person for influencing or attempting to influence an officer or employee or any 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. B. 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, or an employee of a Member of Congress in connection with this Federal contract, grant loan or cooperative agreement, the Contractor shall complete and submit Standard Form LLL-"Disclosure Form to report Federal Lobbying" in accordance with its instruction. B. CONTRACTOR shall require that the language of this certification be included in the award documents for all sub -awards 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. 44. The CONTRACTOR agrees to comply with Iowa Civil Rights Act of 1965 which mirrors the Federal Civil Rights Act. 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 10 of 11 In consideration of the agreements herein set forth, the CONTRACTOR proposes to furnish and install all the materials and perform all the work described in, and in accordance with, the Contract identified in Section 15 of the General Conditions for the lump sum of $ 26,561.00 . ** This amount includes all sales and other taxes. The undersigned agree to all provisions of this Contract. CONTRACTOR Officer's Signature: CITY OF DUBUQUE Representative's Signature: OWNER Owner's Signature: Date: a c ` Date:— Z -3 i s Date: Owner's Signature: Date: ATTESTED TO BY: Program Manager's S'atur- -23-�c�l� Date: CITY OF DUBUQUE ; City Manager's Signature: Date: `/�1(d-- 13-NDRH-001 DUBUQUE BBHH PROGRAM - Page 11 of 11 Masterpiece on the Mississippi Bee Branch Healthy Homes Program Project Completion and Release Form Project # 971-190304 Project Address: 3145 Windsor Ave, Dubuque, IA 52001 Dubuque hikei All -Antrim City 1 I � r I I 2007.2012 2013.2017 Date work completed: May 10, 2018 Construction work has been completed in a satisfactory manner. Contractor will submit final invoice to City of Dubuque. I, Patrick A Konzen , do hereby release, cancel, forgive and forever discharge the City of Dubuque its officers, agents, employees, and subcontractors from and against any and all claims, demands, damages, obligations, causes of action, liabilities, controversies, damages and costs of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of any matter, cause or thing whatsoever related to the project at 3145 Windsor Ave, Dubuque, IA. I, Patrick A Konzen specifically waive any claim or right to assert any cause of action or alleged cause of action or claim or demand which has, through oversight or error, intentionally or unintentionally or through a mutual mistake, been omitted from this Release. This release does not waive: 1) The obligation of the City to make the final payment for construction work at 3145 Windsor Ave, Dubuque, IA to the Contractor. 2) The warranty provided for the work of the Contractor at (address). ECIA Inspection Representati CityDubuque Representative Date S iol r Date Date l�4 BEE BRANCH HEALTHY HOME PROJECT BID ADDENDUM 1 BID MODIFICATION FOR: Project ID number: 971-190304 Owners name: Pat Konzen Address: 3145 Windsor Ave., Dubuque, 52001 January 30, 2018 REVISED SPECIFICATION: P (I S � t✓�t°/' 08 Replace the gutters with 5 inch gutters with gutter guard. Install down spouts and extend away from the house as best as possible. The back gutter shall continue above the back door and be pitched to drain to the left of the home. The back downspout shall connect to the sump pump drain and be tiled underground to the slope in the yard. White in color. Install with splash /� / blocks. • I—t S �A f tw 4 y� ',J f�(7)) L_ Price: ` J� 10 Remove the sidewalk on the right side of the house from the rear corner to the front steps. Raise the grade so the slope pitches away from the house into a swale. Raise the sidewalk as high as possible on the house and pin to the house. Slope away from the house at about 3/16 inch drops per foot. Run tile under the sidewalk to the grass slope at the right front of the house. Make sure tile has adequate slope for drain. Use square drain opening at grade level with grated cover so that the tiles are not directly connected to the drain tile. Cut to quarter depth of walk into equal squares. Install about 4-inch-thick with number 3 bar 18" O.0 square. The new grade shall be seeded and covered with straw. Price 111.11,- ADDITIONAL SPECIFICATIONS: 11 Clean the basement walls and paint all with two coats of white water block style paint. Install per manufacture installation instructions. Remove any loose paint from the exterior walls. Price 12 Vacuum clean the basement floors. Spray all the floors with two coats of Radon seal to cover. Use a rate of about 200 square feet per gallon for the first coats and 300 for the second coat. Price Attach this form to your original bid document. VI* Barry A. Lindahl, Esq. Senior Counsel Suite 330, Harbor View Place City Attorney's Office 300 Main Street Dubuque, Iowa 52001-6944 (563) 583-4113 office (563)583-1040 fax balesqacityofdubuque.org Office Hours: 8:00 AM — 5:00 PM, T-W-Th 8:00 AM — 12:00 PM, F Patrick Konzen 3145 Windsor Avenue Dubuque, IA 52001 Masterpiece on the Mississippi February 7, 2020 RE: Your Claim Against the City of Dubuque Dear Mr. Konzen: Dubuque hitri £1I r Ct 1�III,'r 2007.2012.2013 2017*2019 I have reviewed the description of complaints you provided me with Alexis Steger and Kris Neyen, who you know have been closely involved with your project and are very familiar with the history of issues. Based on my review with Alexis and Kris, I understand the following: SPEC # 02 There is a continuing mold issue which the City has offered to have abated but you have refused to allow the City's contractors to do the work. You removed the concrete from the floor so it is not the City's responsibility to replace it. 04 The City provided you with paint for the walls and you agreed that was acceptable. 05 The Radon seal has been applied. 10 The gutter guards were installed. 12 The sidewalk was constructed in the location that you requested. I do not find that the City has any further obligation on this project, other than abating the mold. If you agree to allow the City contractors to do the work and so advise Alexis within 30 days of the date of this letter, we will make arrangements to have the work done. Other than the mold issue, I do not believe there is any legal basis for a claim by the City against the contractor. You are certainly free to take any legal action you believe may be appropriate. I am submitting a copy of this letter to the City Clerk as a formal denial of the claim you filed with the City. If you wish to dispute this denial, you should address your written comments to the City Council and file them with the City Clerk. Very sin :rely, A B. rry A. Lindahl enior Counsel BAL/tis cc: Crenna M. Brumwell, City Attorney Kevin Firnstahl, City Clerk Alexis Steger, Housing & Community Development Director Kris Neyen, Housing & Community Development Rehab Supervisor Brenda Snyder, ICAP F:\Users\tsteckle\Claims\Konzen Patrick\Konzen_ReviewofComplaints_020520.docx Iowa Communities Assurance Pool February 7, 2020 Mr. Patrick Konzen 3145 Windsor Avenue Dubuque, Iowa 52001 RE: Our Member: Claim No: Claimant: Date of Loss: Dear Pat, Dubuque ICP051883A1 Patrick Konzen 5/10/18 Address: 5701 Greendale Road Administration (800) 383-0116 Johnston, Iowa 50131 Claims (800)239-7575 Loss Control (800)520-4074 We have completed our investigation of the above -referenced claim. As part of our analysis, we consider whether our Member is legally liable for your loss. If the Member is not legally liable, then there is no legal obligation to pay your claim. I reviewed this file with the City of Dubuque on several occasions. Alexis Steger and Kris Neyen of the Housing & Community Development have been very helpful in our investigation. The City has offered to remedy the mold that has grown behind the mesh board on the basement floor. I do believe that your other complaints have been addressed, and taken care of. If you agree to this, please advise and we will arrange for this work to be complete. If you have additional information regarding this matter that you would like us to consider, please contact me at the number below. Sincerely, Brenda Snyder Sr. Claims Adjuster 515-727-1595-phone brenda@icapiowa.com Cc: Click here to enter text. -via email Click here to enter text. -via email www.icapiowa.com