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Signed Contracts for 812 Garfield and 514 Angella ProjectsCity of Dubuque City Council Meeting ITEM TITLE SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Copyrighted April 17, 2023 Consent Items # 012. Signed Contracts for 812 Garfield and 514 Angella Projects City Manager recommending City Council approve and file the signed contracts for 821 Garfield and 514 Angella, which are currently under construction by the Four Mound HEART programs. Approval will authorize payments to Four Mounds on a weekly basis. Suggested Disposition: Receive and File; Approve Staff Memo - Signed Contracts for HEART Signed Contract - 821 Garfield Signed Contract - 514 Angella Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation THE C DUj!BQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Signed Contracts for 812 Garfield and 514 Angella Projects DATE: April 13, 2023 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Housing & Community Development Director Alexis Steger is recommending City Council approve and file the signed contracts for 821 Garfield and 514 Angella, which are currently under construction by the Four Mound HEART programs. Approval will authorize payments to Four Mounds on a weekly basis. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager THE C Dubuque DUUB%FE i �"�'cac III � Masterpiece on the Mississippi ..... To: Michael C. Van Milligen, City Manager From: Alexis M. Steger, Housing & Community Development Director Subject: Signed Contracts for 812 Garfield and 514 Angella Projects Date: April 12, 2023 BACKGROUND The City of Dubuque acquired the properties at 514 Angella Street and 821 Garfield Avenue by petition for title of abandoned property. They are both currently under construction by the Four Mounds HEART programs for youth and adults for the purpose of rehabilitating and selling them to low -mod income first-time homebuyers. The City and Four Mounds HEART have a contract whereby the City provides homes for HEART to rehabilitate, and the City sells the homes after. Each property is contracted for rehabilitation with HEART separately, sometimes in phases. Department Director, Alexis Steger, is authorized to sign these contracts, however payment requests from Four Mounds must be authorized through City Council. By authorizing the contract in full, the payments against them can be made with any check batch, which provides a better service to our partner. RECOMMENDED ACTION I respectfully request the City Council approve and file the signed contracts for 821 Garfield and 514 Angella. Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager Contractor Insurance on File: Verification of Permit on File: REHABILITATION CONTRACT The Contract is between City of Dubuque, in Dubuque, Iowa, (referred to herein as the "Owner") and Four Mounds Foundation / HEART Program, Dubuque, IA (referred to herein as the "Contractor") warranting itself to be licensed, (if applicable), and qualified to perform the work specified herein. This contract is for the property located at 821 Garfield Avenue in Dubuque, Iowa (referred to herein as the "Property"). In consideration of their mutual promises, the parties agree as follows: SPECIFIC TERMS 1. Effective Date. This document shall have no force or effect unless and until executed by the owner and the contractor, and approved by the City of Dubuque, Iowa (referred to herein as the "City"), and unless and until a properly executed and approved copy is delivered to the Contractor on or before sixty days from the date that bid was returned to the owner, the Contractor may refuse to be bound by the terms of this Contract. If, however, a properly executed and approved copy of this Contract is delivered after the above date and the Contractor subsequently performs work or delivers material to the Property, the Contractor shall be bound by the Contract. For the purposes of this paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the Contractor upon mailing by the City to the Contractor's address shown above. The Contractor shall not be compensated under this Contract for work commenced or materials delivered to the Property before the Effective Date. 2. The Contract. This Contract consists only of the Specific Terms and the following which must be on file in the rehab office: A. Schedule of Work (Project Scope): Work write up Rev. 4-26-2022, Floor Plan Drawing dated 5-10-2022. B. Insurance Certificate: C. Due to the presence of minors under the HEART Program umbrella, the Owner must provide a signed "Certification Regarding Sex Abuse Registry" form to be herein contained in this contract as Addendum (1). 3. Contractor shall provide insurance as required by the attached insurance schedule. 4. Time for Commencement and Completion. The Contractor agrees to commence, or cause to be commenced, the actual work described in the Schedule of Work within fourteen days after the Effective Date. The Contractor agrees to complete, free of liens or rights of liens of contractors, mechanics, material men or laborers, all work listed in the Schedule of Work by October 1, 2023. The Contractor agrees that time is of the essence in this Contract. Page 1 of 7 In the event that the work provided for in this contract is not completed by the completion date, the amount payable to the contractor shall be reduced by $25 for each day the contract remains uncompleted beyond the completion date. The completion date may be extended by all the parties by a written agreement specifying the amended completion date. 5. Contract Price. The Contractor agrees to accomplish work as described in the Schedule of Work in accordance with each and every term and condition of this Contract, for a total contract price of $282,700.00 NOTE: PERMITS ARE REQUIRED FOR ALL BUILDING, HEATING, PLUMBING AND ELECTRICAL JOBS. PAYMENT WILL NOT BE ISSUED UNTIL WE HAVE A COPY OF THE PERMIT OR PERMIT NUMBER. 6. Progress Payments. 10% OF THE TOTAL CONTRACT AMOUNT WILL BE HELD UNTIL 100% OF THE JOB IS DONE AND A FINAL INSPECTION HAS BEEN COMPLETED. The Contractor agrees that the total contract price shall be paid in one or more progress payments, based on the value of the work completed at the time the progress payment request is made. Should any work, for which payment is requested, not be completed, be completed incorrectly, or not be done in a high quality workmanlike manner, the amount of such work shall be deducted from the payment request. Payment for any work so deducted may be requested on future requests for payment, provided, said work has been satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien waivers from all subcontractors, major material suppliers, and the general contractor, as applicable, shall be provided with each progress payment requested. Final lien waivers will be presented, from all applicable parties, at the time the request for final payment is made. Such progress payments shall be disbursed at the request of the Owner(s), after inspection and approval of the work by the owner(s) and the City, less a hold back/retainage of 10% of the amount of work for which payment is being requested (adjusted as applicable and as stated above). The holdback shall be retained until final payment in order to protect the Owner from any default by the Contractor. Final payment shall be due upon satisfactory completion and acceptance of work as being in compliance with this Contract by the Owner and the City, permit sign -off (if applicable), submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and the City indemnifying the Owner against any lien, and the submission of all warranties and guarantees to the Owner through the City. The Owner shall not withhold payment to the Contractor except for non- compliance with the terms of this Contract, and SHALL NOT REQUEST THE CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with the terms set out in the Schedule of Work will not be paid for out of the rehabilitation funds unless said additions/deletions/changes have been authorized by a written and approved change order executed by all parties PRIOR to the commencement of such work. Payment for any work completed without a written and approved change order is the SOLE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR. The Contractor shall not refuse to complete the work set forth in the Schedule of Work because of any dispute between himself/herself and the Owner relative to work contracted "on the side" or outside the scope of work as set forth above. The Contractor acknowledges that it is a material breach of this Contract to request or accept a progress or final payment which is in excess of the price of the work (less the required hold back/retainage) completed at the time such payment is requested. 7. Warranty. The Contractor warrants that all improvements, hardware and fixtures of whatever kind or nature to be installed or constructed on the Property by the Contractor or the Page 2 of 7 Contractor's sub -contractors will be of good quality, suitable for their purpose and free from defects in workmanship or materials or other deficiencies. This is a full warranty extending to the Owner and subsequent Owners of the Property; provided, however, that warranty set forth in this paragraph shall apply only to the deficiencies and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified below: 8. Access and Maintenance of Records. The contractor must maintain all required records for five years after final payments are made and all other pending matters are closed. At any time during normal business hours and as frequently as is deemed necessary, the contractor shall make available to the City of Dubuque, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this contract. 9. Federal, State and Local Laws. The Contractor must comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964, as amended; • The Fair Housing Act — Title VI I I of the Civil Rights Act of 1968, as amended; • Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; • Section 504 of the Rehabilitation Act of 1973, as amended; • Americans with Disabilities Act of 1973;. • Section 3 of the Housing and Urban Development Act of 1968; • The Age Discrimination Act of 1975, as amended; • Federal Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); • Federal Executive Order 11246 (as amended by Executive Orders 11375 and 12086) Equal Employment Opportunity Under HUD -assisted construction contracts; • Age Discrimination in Employment Act of 1967, as amended; • Chapter 216 of the Iowa Civil Rights Act of 1965, as amended; • The Equal Pay Act of 1963, as amended; • The Civil Rights Act of 1991, as amended; • Davis -Bacon Act, as amended, where applicable under Sction110 of the Housing and Community Development Act of 1974, as amended; • Contract Work Hours and Safety Standard Act; • Copeland Anti -Kickback Act; • CARES Act of 2020; • Civil Rights Act of 1965, as amended; • Dubuque Civil Rights Ordinance, City o f Dubuque Code of Ordinances, Title 8, and • Others as applicable And shall include compliance with these provisions in very subcontract, specially or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination. No person shall be excluded from or denied the benefits of Contractor's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Contractor will take affirmative action to ensure that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. Page 3 of 7 11. W/MBE. The Contractor will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Contract. 12. Conflict of Interest. The Contractor agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 13. Hatch Act. The Contractor agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 14. Lobbying. The Contractor hereby certifies that: a. No federal funds appropriated under this Contract have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative Contract; 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 of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative Contract, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Contracts) and that all Contractors shall certify and disclose accordingly; 15. Restrictions. The Contractor is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities 16. Environmental Standards. 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD. The Contractor agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. a. Air, Water and Solid Waste. The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Contract: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. Page 4 of 7 - Federal Water Pollution control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; 42, U.S.C. 6901 et seq., as amended. b. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Contractor shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. c. Lead -Based Paint. The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead -Based Pain Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven (7). The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. d. Historic Preservation. The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. 17. Remedies for Non -Compliance and Termination. Remedies for Noncompliance If the City at any time determines the Contractor materially fails to comply with any term of this Contract, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: 1. Warning. Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. Page 5 of 7 2. Withholding Payment. Withholding of funds by the City until the Contractor is found to be in compliance by the City. 3. Grant Adjustment. Adjustment in the payment method or reduction of the grant to the Contractor when there is noncompliance and the violation cited has not been remedied as specified. 4. Reimbursement. Reimbursement by the Contractor with non-CDBG funds for CDBG funds which have not been spent in accordance with this Contract. 5. Termination. Termination of funds in whole or in part by the City if the Contractor materially fails to comply with any term or condition of this Contract or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. 6. Nonparticipation. Prohibition of the Contractor from future participation in the CDBG program if the Contractor has not complied with the action administered by the City. 7. Termination for Convenience. This Contract may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Contractor shall agree upon the termination conditions, including the effective date, the disposition of Contract amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Contractor shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Contractor prior to such termination. 8. Termination due to Loss of Funds. This Contract will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Contractor as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. 18. Parties to Contract. The Owner and Contractor agree that they are the sole parties to this contract and are solely responsible for its performance. The parties agree that neither the City nor the United States Department of Housing and Urban Development (HUD) assumes any liability or responsibility for the performance of any terms of this contract. 19. Hold Harmless and indemnification. The Owner and Contractor agree to hold harmless and indemnify the City and its agents, officials and employees against all suit, claims, Page 6 of 7 damages, and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Contractor. 20. Code of Conduct. The City expects that Contractors and any Subcontractors to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 21. Notice to Proceed. The City will issue a Notice to Proceed to the Contractor to incur costs relative to this contract. �Mf 57, !?ZoZZ buque,Michael Belmont Date Assistant Housing Director X * �JUVr iv u/vI F u Mounds Founda M n, Heart Program Executive Director Title ,fin Approved by City on I Y ` � , 202)K 5/13/2022 Date By. L� b — Alexis Steger, Director Housing & Community Development Dept. Mailed to Contractor and effective on ZozZ, 202J Page 7 of 7 ADDENDUM (1) CERTIFICATION REGARDING SEX ABUSE REGISTRY The undersigned, on behalf of (hereinafter "Contractor"), hereby certifies that any and all of its employees or independent contractors having access to the HEART site locally known as 821 Garfield Avenue (hereinafter the "Site") are not listed on any government -run sex offender registry. The undersigned further acknowledges that HEART is a youth program, dedicated first and foremost to the safety and security of all youth participating therein, and as an express condition of working on the Site, neither Contractor nor any of its employees, subcontractors, or agents may be convicted of any sex -related crime nor be listed on any government -run sex offender registry. Dated this 13 day of May 2022. �u cmdm i nature Jill Courtney Print Name H. Contractor Insurance on File: Verification of Permit on File: REHABILITATION CONTRACT The Contract is between City of Dubuque, in Dubuque, Iowa, (referred to herein as the "Owner") and Four Mounds Foundation / HEART Program, Dubuque, IA (referred to herein as the "Contractor") warranting itself to be licensed, (if applicable), and qualified to perform the work specified herein. This contract is for the property located at 514 Angella St. in Dubuque, Iowa (referred to herein as the "Property"). In consideration of their mutual promises, the parties agree as follows: SPECIFIC TERMS 1. Effective Date. This document shall have no force or effect unless and until executed by the owner and the contractor, and approved by the City of Dubuque, Iowa (referred to herein as the "City"), and unless and until a properly executed and approved copy is delivered to the Contractor on or before sixty days from the date that bid was returned to the owner, the Contractor may refuse to be bound by the terms of this Contract. If, however, a properly executed and approved copy of this Contract is delivered after the above date and the Contractor subsequently performs work or delivers material to the Property, the Contractor shall be bound by the Contract. For the purposes of this paragraph, a copy of this Contract shall be deemed to have been delivered to and received by the Contractor upon mailing by the City to the Contractor's address shown above. The Contractor shall not be compensated under this Contract for work commenced or materials delivered to the Property before the Effective Date. 2. The Contract. This Contract consists only of the Specific Terms and the following which must be on file in the rehab office: A. Schedule of Work (Project Scope): Re -roofing, install Windows and Siding, per work write up and quote received 11/4/2022, and referenced Floor Plan Drawing dated 10/21 /2022. B. Insurance Certificate and endorsements: C. Due to the presence of minors under the HEART Program umbrella, the Owner must provide a signed "Certification Regarding Sex Abuse Registry" form to be herein contained in this contract as Addendum (1). 3. Contractor shall provide insurance as required by the attached insurance schedule. 4. Time for Commencement and Completion. The Contractor agrees to commence, or cause to be commenced, the actual work described in the Schedule of Work within fourteen days after the Effective Date. The Contractor agrees to complete, free of liens or rights of liens of contractors, mechanics, material men or laborers, all work listed in the Schedule of Work by May 1, 2023. The Contractor agrees that time is of the essence in this Contract. Page 1 of 7 In the event that the work provided for in this contract is not completed by the completion date, the amount payable to the contractor shall be reduced by $25 for each day the contract remains uncompleted beyond the completion date. The completion date may be extended by all the parties by a written agreement specifying the amended completion date. 5. Contract Price. The Contractor agrees to accomplish work as described in the Schedule of Work in accordance with each and every term and condition of this Contract, for a total contract price of $51,800.00 NOTE: PERMITS ARE REQUIRED FOR ALL BUILDING, HEATING, PLUMBING AND ELECTRICAL JOBS. PAYMENT WILL NOT BE ISSUED UNTIL WE HAVE A COPY OF THE PERMIT OR PERMIT NUMBER. 6. Progress Payments. 10% OF THE TOTAL CONTRACT AMOUNT WILL BE HELD UNTIL 100% OF THE JOB IS DONE AND A FINAL INSPECTION HAS BEEN COMPLETED. The Contractor agrees that the total contract price shall be paid in one or more progress payments, based on the value of the work completed at the time the progress payment request is made. Should any work, for which payment is requested, not be completed, be completed incorrectly, or not be done in a quality workmanlike manner, the amount of such work shall be deducted from the payment request. Payment for any work so deducted may be requested on future requests for payment, provided, said work has been satisfactorily completed and the reason for the initial denial of payment no longer exists. Partial lien waivers from all subcontractors, major material suppliers, and the general contractor, as applicable, shall be provided with each progress payment requested. Final lien waivers will be presented, from all applicable parties, at the time the request for final payment is made. Such progress payments shall be disbursed at the request of the Owner(s), after inspection and approval of the work by the owner(s) and the City, less a holdback/retainage of 10% of the amount of work for which payment is being requested (adjusted as applicable and as stated above). The holdback shall be retained until final payment to protect the Owner from any default by the Contractor. Final payment shall be due upon satisfactory completion and acceptance of work as being in compliance with this Contract by the Owner and the City, permit sign -off (if applicable), submission of satisfactory waiver(s) of liens, or a bond satisfactory to the Owner and the City indemnifying the Owner against any lien, and the submission of all warranties and guarantees to the Owner through the City. The Owner shall not withhold payment to the Contractor except for non- compliance with the terms of this Contract and SHALL NOT REQUEST THE CONTRACTOR TO PERFORM WORK OUTSIDE THE SCOPE OF THIS CONTRACT AS A CONDITION OF RECEIVING PAYMENT. Any work completed that is not in compliance with the terms set out in the Schedule of Work will not be paid for out of the rehabilitation funds unless said additions/deletions/changes have been authorized by a written and approved change order executed by all parties PRIOR to the commencement of such work. Payment for any work completed without a written and approved change order is the SOLE RESPONSIBILITY OF THE OWNER AND/OR THE CONTRACTOR. The Contractor shall not refuse to complete the work set forth in the Schedule of Work because of any dispute between himself/herself and the Owner relative to work contracted "on the side" or outside the scope of work as set forth above. The Contractor acknowledges that it is a material breach of this Contract to request or accept a progress or final payment which is in excess of the price of the work (less the required holdback/retainage) completed at the time such payment is requested. Page 2 of 7 7. Warranty. The Contractor warrants that all improvements, hardware and fixtures of whatever kind or nature to be installed or constructed on the Property by the Contractor or the Contractor's sub -contractors will be of good quality, suitable for their purpose and free from defects in workmanship or materials or other deficiencies. This is a full warranty extending to the Owner and subsequent Owners of the Property; provided, however, that warranty set forth in this paragraph shall apply only to the deficiencies and defects about which the Owner or subsequent Owner(s) shall have notified the Contractor at the address stated above WITHIN ONE YEAR, except for any longer warranty periods specified below: 8. Access and Maintenance of Records. The contractor must maintain all required records for five years after final payments are made and all other pending matters are closed. At any time during normal business hours and as frequently as is deemed necessary, the contractor shall make available to the City of Dubuque, the General Accounting Office, and the Department of Housing and Urban Development, for their examination, all of its records pertaining to all matters covered by this contract and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls, personnel records, conditions of employment, and all other matters covered by this contract. 9. Federal, State and Local Laws. The Contractor must comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964, as amended; • The Fair Housing Act — Title VI II of the Civil Rights Act of 1968, as amended; • Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, as amended; • Section 504 of the Rehabilitation Act of 1973, as amended; • Americans with Disabilities Act of 1973;. • Section 3 of the Housing and Urban Development Act of 1968; • The Age Discrimination Act of 1975, as amended; • Federal Executive Order 11063, as amended by Executive Order 12259 (implemented in 24 CFR Part 107); • Federal Executive Order 11246 (as amended by Executive Orders 11375 and 12086) Equal Employment Opportunity Under HUD -assisted construction contracts; • Age Discrimination in Employment Act of 1967, as amended; • Chapter 216 of the Iowa Civil Rights Act of 1965, as amended; • The Equal Pay Act of 1963, as amended; • The Civil Rights Act of 1991, as amended; • Davis -Bacon Act, as amended, where applicable under Sction110 of the Housing and Community Development Act of 1974, as amended; • Contract Work Hours and Safety Standard Act; • Copeland Anti -Kickback Act; • CARES Act of 2020; • Civil Rights Act of 1965, as amended; • Dubuque Civil Rights Ordinance, City o f Dubuque Code of Ordinances, Title 8, and • Others as applicable And shall include compliance with these provisions in very subcontract, specially or by reference, so that such provisions will be binding upon each of its own subcontractors. 10. Nondiscrimination. No person shall be excluded from or denied the benefits of Contractor's service or programs or be denied employment on the basis of race, color, religion, creed, sex, sexual orientation, gender identity, national origin, ancestry, age, mental or physical disability, marital status or familial status. The Contractor will take affirmative action to ensure Page 3 of 7 that all employment practices are free from such discrimination and state that it is an Equal Opportunity or Affirmative Action employer. 11. W/MBE. The Contractor will use its best efforts to afford minority — and women -owned business enterprises (at least fifty-one (51) percent owned and controlled by minority group member or women) the maximum practicable opportunity to participate in the performance of this Contract. 12. Conflict of Interest. The Contractor agrees to abide by the provisions of 24 CFR 570.611 and 2 CFR Part 200 with respect to conflicts of interest. Requests for exceptions, as permitted by federal regulations, must be made in the manner prescribed by the City. 13. Hatch Act. The Contractor agrees that no funds provided, nor personnel employed under this Contract, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. 14. Lobbying. The Contractor hereby certifies that: a. No federal funds appropriated under this Contract have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative Contract; 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 of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative Contract, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative Contracts) and that all Contractors shall certify and disclose accordingly; 15. Restrictions. The Contractor is prohibited from using CDBG funds or personnel employed in the administration of the program for political purposes, or to engage in other partisan political activities, sectarian, or religious activities or nepotism activities 16. Environmental Standards. 24 CFR Part 58; 24 CFR 570.604; and Section 104(g) HCD. The Contractor agrees to comply with the policies of the National Environmental Policy Act of 1969. The purpose of this Act is to attain the widest use of the environment without degradation, risk to health or safety or other undesirable and unintended consequences. a. Air, Water and Solid Waste. The Contractor agrees to comply with the following requirements insofar as they apply to the performance of this Contract: - The Clean Air Act, 42 U.S.C. 7401, et seq., as amended. Page 4 of 7 - Federal Water Pollution control Act, as amended, 33 U.S.C. 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. - Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. - The Safe Drinking Water Act of 1974 (42 U.S.C. 201, 300 (f) et seq., and 21 U.S.C. 349) as amended; 42, U.S.C. 6901 et seq., as amended. b. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973, the Contractor shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes, including rehabilitation. c. Lead -Based Paint. The Contractor agrees that any construction or rehabilitation of residential structures with assistance provided under this Contract shall be subject to HUD Lead -Based Pain Regulations. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven (7). The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. d. Historic Preservation. The Contractor agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended and the procedures set forth by the Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Contract. In general, this requires concurrence from the State Historic Preservation Office for all rehabilitation and demolition of historic properties that are fifty (50) years old or older or that are included on a federal, state, or local historic property list. 17. Remedies for Non -Compliance and Termination. Remedies for Noncompliance If the City at any time determines the Contractor materially fails to comply with any term of this Contract, or with any of the rules, regulations, or provisions referred to herein, the City may use any or all of the remedies allowed under 2 CFR Part 200.338 and 200.339 to ensure compliance. The City may also impose additional specific award conditions as needed at any time to ensure compliance in accordance with 2 CFR Part 200.207. Possible remedies include: 1. Warning. Issuance of a written warning citing the violation that has occurred, and a deadline when the violation must be remedied if it is still occurring. Page 5 of 7 2. Withholding Payment. Withholding of funds by the City until the Contractor is found to be in compliance by the City. 3. Grant Adjustment. Adjustment in the payment method or reduction of the grant to the Contractor when there is noncompliance and the violation cited has not been remedied as specified. 4. Reimbursement. Reimbursement by the Contractor with non-CDBG funds for CDBG funds which have not been spent in accordance with this Contract. 5. Termination. Termination of funds in whole or in part by the City if the Contractor materially fails to comply with any term or condition of this Contract or with any of the rules, regulations or provisions referred to herein, or for cause as allowed in 2 CFR Part 200.339. In the event of termination of this award, in accordance with 2 CFR Part 200.340(c), the information required under the Federal Funding Accountability and Transparency Act (FFATA) must be provided to the Federal Web site established to fulfill the requirements of FFATA, and update or notification must be provided to any other relevant governmentwide systems or entities of any indications of poor performance as required by 41 U.S.C. 417b and 31 U.S.C. 3321 and implementing guidance at 2 CFR Part 77. Additionally, the requirements for Suspension and Debarment at 2 CFR Part 180 may apply. 6. Nonparticipation. Prohibition of the Contractor from future participation in the CDBG program if the Contractor has not complied with the action administered by the City. 7. Termination for Convenience. This Contract may be terminated in whole or in part by either party upon providing the other party a written, ninety (90) day notice, in which case the City and Contractor shall agree upon the termination conditions, including the effective date, the disposition of Contract amounts, and in the case of partial termination the portion to be terminated. However, if, in the case of partial termination, the City determines that the remaining portion of the award will not accomplish the purposes for which the award was made, and the award is terminated in its entirety, Contractor shall promptly repay to the City the full grant amount or that portion of the amount which has been disbursed to Contractor prior to such termination. 8. Termination due to Loss of Funds. This Contract will terminate in full or in part, at the discretion of the City, in the event the City suffers a loss of funding or termination of the federal funds which permits it to fund this grant. In the event the City suffers such a loss of funding, the City will give the Contractor as much written notice as possible which will set forth the effective date of full or partial termination, or if a change in funding is required, setting forth the change in funding and the changes in approved budget. 18. Parties to Contract. The Owner and Contractor agree that they are the sole parties to this contract and are solely responsible for its performance. The parties agree that neither the City nor the United States Department of Housing and Urban Development (HUD) assumes any liability or responsibility for the performance of any terms of this contract. 19. Hold Harmless and indemnification. The Contractor agrees to hold harmless and indemnify the City and its agents, officials and employees against all suit, claims, damages, Page 6 of 7 and losses, including attorney fees that may be based on any injury to person or property due to negligent acts, errors or omissions of the Contractor. 20. Code of Conduct. The City expects that Contractors and any Subcontractors to demonstrate courtesy, consideration and promptness in dealing with the public, program participants, the City, and other governmental agencies. 21. Notice to Proceed. The City will issue a Notice to Proceed to the Contractor to incur costs relative to this contract. Y d' &5�'a City of Dubuque, Maddy Have land Urban Development & Housing Rehabilitation i( Its/),-2— Date Project Manager 2c,)zL— Four ro 7rep6i6rs-bn' Date HEART Project Manager Title Approved by City on iS 2022 By: Alexis Steger, Director Housing & Community Development Dept. Mailed to Contractor and effective on 2022 Page 7 of 7 ADDENDUM (1) CERTIFICATION REGARDING SEX ABUSE REGISTRY The undersigned, on behalf of Four Mounds HEART (hereinafter "Contractor'), hereby certifies that any and all of its employees or independent contractors having access to the HEART site locally known as 514 Anoella St. (hereinafter the "Site") are not listed on any government -run sex offender registry. The undersigned further acknowledges that HEART is a youth program, dedicated first and foremost to the safety and security of all youth participating therein, and as an express condition of working on the Site, neither Contractor nor any of its employees, subcontractors, or agents may be convicted of any sex -related crime nor be listed on any government -run sex offender registry. ,A-- Ot� 2022.