HomeMy WebLinkAboutConnerley Construction, LLC - Infill Housing - Lafayette-8/8/2016Please return this Copy to:
City Clerk & Finance Oept,
715 Mulberry St.
waterloo, IA 50703
AGREEMENT BETWEEN THE CITY OF WATERLOO
COMMUNITY DEVELOPMENT BOARD
AND
CONNERLEY CONSTRUCTION, LLC
REGARDING NEW CONSTRUCTION FOR THE USE OF
FEDERAL NEIGHBORHOOD STABILIZATION ROUND 3 PROGRAM FUNDS
THIS AGREEMENT is entered into this eighth day of August, 2016 by and between the City of
Waterloo, acting by and through the Community Development Board ("City"), and Connerley Construction, LLC
("Contractor").
WHEREAS, the City is the recipient of Neighborhood Stabilization Program Round 3 (NSP3) funds
granted by the Iowa Economic Development Authority (IEDA) under Section 1497 of the Wall Street Reform and
Consumer Protection Act of 2010 (the "Dodd -Frank Act"); and
WHEREAS, the City wishes to utilize Neighborhood Stabilization Program Round 3 (NSP3) funds to
construct one (1) new housing unit for stabilization and revitalization of a neighborhood in the City of Waterloo for
sale to a low-, moderate- and middle-income family; and
WHEREAS, the City has ownership and control of the property located at 1003 and 1005 Lafayette
Street identified as parcels 8913-25-134-016 and 8913-25-134-015; and the City desires to engage the Contractor to
build one (1), three-bedroom house (hereinafter referred to as the "Project") for the City of Waterloo as outlined in
the specifications attached hereto and on the terms and conditions set forth herein.
follows:
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as
PART I
1. PURPOSE AND SCOPE OF SERVICES:
A. The Contractor shall construct a residential structure that will be occupied by a household whose income
meets the criteria for Low-, Moderate- and Middle Income Families in the 1000 block of Lafayette Street.
FY2017-NSP3 Pagel
08116/16
B. Development of arebitectural designs for the Proj eet shall be the responsibility of Community
Development with any ehanges to design, sub] eet to written coneurrence by the City and per attaehed
drawings.
C. Upon request, the City shall provide teelmical assistance regarding bidding procedures and awarding of
subcontracts under this Agreement. The Contractor shall be responsible for all bidding procedures and
subcontraetual arrangements. All procedures shall be carried out in aceordance with all federal, state and
local standards, and shall be monitored by the City. Contraetor shall submit draft bid documents to the
City for review and approval prior to requesting bids.
D. The Project shall be completed in compliance with all applicable state and loeal building eodes; and upon
completion, shall be operated in compliance with all applicable state and Iocal codes and ordinances. The
Contractor shall further comply with and obey all ordinances ofthe City of Waterloo relating to the
obstruction ofstreets and alleys, keeping open passage ways for water, traffic, and protecting any
excavations in any street or alley, and maintaining property and sufficient barricades with lights and
signals during all hours ofdarkness.
E. All newly construeted single-family housing must meet the requirements of the Iowa Green Streets
Criteria published by the Iowa Eeonomie Development Authority (IEDA).
F. Ineorporated into this Agreement by reference and made a part hereof are the City's request for proposals,
addenda thereto, the Contraetor's response/proposal, and projeet speeifications (which documents may
also be referred to as the "Proj eet Documents"). Jn the event of confliet between this Agreement and any
ofthe Projeet Documents, the terms, eonditions and provisions ofthis Agreement shall prevail.
0. The City will retain any rebates associated with this Project.
2. TIME OF PERFORMANCE
The Contraetor shafl perform according to the foliowing schedule:
A. Program Element Deadline
1. Execute Contract for Activities August 2016
2. Acquisition of Property (if applicable) Not applicable
3. Advertise for Construction Bids (ifapplicable) N/A
4. Selection of Contractor (ifapplicable) N/A
5. Preconstruction Conference (if applicable) NLA
6. StartDate September 1,2016
7. Completion Date November 30, 2016
8. Monitoring Period Subject to total NSP3 ffinds invested in unit
This schedule is subj ect to change by mutual agreement of both parties in writing. Thne is of the essence in
the observance and performance of the duties set forth in this Agreement.
FY2017. )VSP3
08/08/16
Page 2
3. PROPOSED ACTWLTIES BUDGET- The budget costs outlined are approved by the City and supplant
those in the application.
Construction ofone (1) single-family housing unit $178,967.00
4. COMPENSATION AND METHOD OF PAYMENT
The City shall pay, and the Contractor agrees to accept as payment in thhI, no more than ONE HUNDRED
AND SEYENTY-EIGHT THOUSAND MNE HUNDRED SIXTY-SEVEN DOLLARS ($178,967.00)
for performance under this Agreement, as foliows:
A. The City will draw down funds from the State to pay for eligible costs incurred by the Contraetor andlor
its subcontractors. The Contractor shall be required to provide all necessary documentation and aceess to
the Proj ect as required by the City and the State to process the payout request. The Contraetor shall be
required to pay subeontractors and other eligible costs and then seek reimbursement from the City, with
appropriate documentation to substantiate payment before the reimbursement request will be processed.
The City shall review the payout request doeuments and conduct inspeetions as necessary.
B. Based on the approved budget, partial payments shall be made upon presentation of (i) invoices, and/or
(ii) other source documents. Payments will be made for eligible expenses actually incurred by the
Contractor. Payments will be made no more often than on a monthly basis, and then only based 011
availability of federal program funding. With each payment request, the Contractor shall also submit
partial lien waivers or releases from the Contractor, its subcontractors, and suppliers with respect to
Project work that has been completed. The City shall be entitled to withhold a retainage of five
percent (5%) until frnal payment. Also see paragraph 5.F below. The City may withhold payment for
reasons including, but not limited to, the foliowing: unsatisfactory job performanee or progress,
defective work, disputed work, failure to comply with material provisions of the Contract, third party
claims filed or reasonable evidence that a claim will be filed or other reasonable cause.
C. All payments under this Agreement are subject to receipt by the City of sufficient federal fimds for the
Neighborhood Stabilization Program Round 3 through the Iowa Economic Development Authority. The
City has no obligation to make any payment to the Contractor except to the extent that the City has
received the federal ftinds, and receipt of such funds shall be an absolute condition precedent to any duty
of the City to make payment under to tbis Agreeinent.
5. TERMS, CONDITIONS AND ACTIVITY REQUIREMENTS
A. The Contractor shall fumish any and alt labor, materia!s, tools, machinery, and equipment necessary to
complete the Project according to the Project Documents. The Project shall be done in a workmanlike
manner and free froin defects not inherent in the quality of the work required or permitted. The
Contractor warrants that the Project work will conform to the Project Documents and that work not
conforming to said requirements, ineluding but not limited to substitutions not properly approved and
authorized, may be considered defective. The Contractor warrants that all materials and equipment
furriished for the Project will be of good quality and new unless otherwise required or permitted by the
Project Documents. The warranties set forth in this paragraph supplement, and do not modi& or
supersede, any warranty provided for in the Project Doeuments.
B. During the period of this Agreement, effective as of the start of the Proj ect, the Contractor shall, at its
own expense, procure and maintain builder's risk insurance and commercial general liability insurance.
Builder's risk coverage shall not be less than the total completed value ofthe property. Liability
FY2017-N3P3 Page3
08/08/16
eoverage shall include, at a mininmni, coverage for Premises, Operations, Products and Completed
Operations, and shall provide coverage ofnot less than $ 1,000,000 bodily injury per oeculTence, and
$ 1,000,000 property
damage per oeeurrence. Certifieates or copies of said policies, naming the City as an additional insured,
and providing for thirty (30) days' advanee notiee to the City before eancellation, shall be delivered to the
City within ten (10) days after execution of tbis Agreement, but in any event before commencement of
Project work. A renewal certificate shall be provided to the City prior to expiration of any poliey. The
Contractor shall provide workers' eompensation insuranee coverage as required by law for all employees
involved in the performance of the Proj eet work contemplated by this Agreement.
C. In the case ofany work subiet, the Contraetor shall require subcontraetors and independent contractors
working under the direction of either the Contractor or a subcontractor to carry and mainlain the same
workers compensation and liability insurance required of the contractor. At the end ofeach work day,
the Contractor shall remove all debris and cleanup the Project area and surrounding areas. The Contractor
will provide its own dumpster or equipment for removal ofdebris.
D. The Contractor will be solely responsible for protection ofits work and for loss or damage to materials,
tools, equipment, or other personal property that is owned, rented or used by the Contractor in
performance of its work hereunder.
E. As a condition precedent to obtaining final payment, the Contractor shall provide sueh guarantees as are
required by the Proj ect Documents. If no such specific guarantee is required therein, then by signing this
Agreement the Contractor agrees, at its own expense, to promptly eorrect improper or defective work,
materials or equipment and other work affected by such correction whieh may be discovered within one
(1) year from the date of final acceptance of the Proj ect by the City. Manufaeturer or supplier warranties
relating to any equipment, fixtures, systems or components installed or emplaced shall be transferred to
the City.
F. Ifthe Contractor fails to complete the Project, whether in whole or in part, in strict accordarice with the
terms and conditions ofthis Agreement and the Project Documents by the date specified for completion,
the City may pay such additional sums as it may be required to pay by reason of the failure of the
Contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor
agrees that should it abandon work under this Agreement or cease the prosecution thereof for a period of
fourteen (14) consecutive days without reasonable eause or without written consent of the City, and
should the Contractor fail to proceed with said work within ten (10) days after a notice to continue or
carry it on has been mailed to it by the City at the address given for receipt of notices, or after such notice
has been served on it, then the City may proceed to complete said work, doing the work either by contraet
or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs
and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to
become due, the Contraetor and may be recovered by the City in an action upon the Contractor' s bond, if
any, or against the Contractor.
G. 111 the event the Contractor defaults in the performance or observance of any covenant, agreement or
obligation set forth in this Agreement, and if such default remains uncured for a period of thirty (30) days
after notice thereof shall have been given by the City to the Contractor (or for a period of sixty (60) days
after such notice if such default is curable but requires acts to be done or conditions to be remedied which,
by their nature, cannot be done or remedied within such 3 0 -day period and thereafter Contractor fails to
diligently and continuously prosecute the same to completion within such 60 -day period), then the City
FY2017-NSP3 Pagc4
08/08/16
may declare that the Contractor is in default hereunder and may take any one or more ofthe foliowing
steps, at its option:
1) by mandamus or other suit, action or proeeeding at law or in equity, require the Contractor to
perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful
or in violation of the rights of the City hereunder, or obtain damages eaused to the City by any such
default;
2) have access to and inspect, examine and make copies of all books and records of the Contractor
which pertain to the Proj eet;
3) declare a default oftbis Agreement, make no further disbursements, and demand immediate
repayment from the Contractor of any funds previously disbursed under this Agreement;
4) terminate this Agreement as provided in Sections 10 and 11 of Part 11 of this Agreement; and
5) take whatever other action at law or in equity may appear neeessary or desirable to enforce the
obligations, covenants and restrictions ofthe Contraetor hereunder, ineluding but not limited to the
reeovery offhnds.
No delay in enforeing the provisions hereof as to any breach or violation shall impair or waive the right
of the City to enforce the same or to obtain relief against or reeover for the continuation or repetition of
such breach or violation or any similar breaeh or violation thereof at any later tinie or times.
H. The Contractor agrees to comply with all applicable federal, state, and loeal laws and regulations
governing the fimds provided under this Agreement. NSP3/CDBG regulations are published in 24 CFR
Part57O.
1. Nothing contained in this Agreement is intended to ereate or establish, or shall be construed in any
manner as creating or establishing, the relationship of employer/employee between the parties. The
Contractor shall at all times remain an independent contractor with the respect to the services to be
performed under this Agreement. The City shall be exempt from payment of all unemployment
compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Jnsuranee as
to any employee, eontractor or agent ofthe Contraetor.
J. All housing assisted with NSP3 funds shall be maintained in complianee with property standards defined
in 24 CFR 92.251, and any loeally enforceable housing standards, laws, and eodes ofthe City. New
construction must also meet the Energy Conservation Code and Green Streets Criteria.
PART 11
1. PERFORMANCE AND REPORTING
A. The Contraetor shall direct all notices, reports, insuranee polieies, and other eomniunications related to or
required by this Agreement to the offiee of the Waterloo Community Development Director, 620
Mulberry Street, Suite 202, Waterloo, IA 50703. Any notice required or to be given under this
Agreement to the Contractor shall be given by ordinary mail at the address of such party stated herein or,
if none, then to the last known address of such party.
FY2OJ 7 - NSP3
08/08/16
Page 5
B. Until the completion ofthe Project and expenditure of all NSP3 thnds disbursed under this Agreement, the
Contractor shall submit reports deseribing monthly progress ofthe Projeet activities to the Waterloo
Community Development Board by the seventh day of each month.
2. OTHER REPORTS, AUDLTS AND INSPECTLONS
A. The Contractor shall promptly ftirnish the City or HUD with such statements, records, data and
information as the City or HUD may reasonably request pertaining to this Agreement.
B. During the term of this Agreement, at any time during normat business hours, the Contractor shall
make available to the City, HUD and/or the Comptroller General ofthe Vnited States, or their duly
authorized representatives, all of the Contractor s records ineluding but not limited to books,
documents, papers, accounting records, reports, and other evidence, which the Contractor shall
possess andlor procure in order to permit examination of any audits, invoices, materials, payrolis,
personnel records, conditions of employment, and other data relating to all matters covered by this
Agreement. Timely doeumentation and comptetion ofreports expected to be required ofthe
Contractor include, but are not limited to: Final request for payment, activity status reports, Section 3
reports, all necessary permits, and final inspection documents and a copy of the Contractor's audit
reports.
C. Non -Federal entities that expend $500,000 or more oftotal Federal funds shall have a single or
program specific audit report, which meets the speeifications, set forth in OMB Circular A-133,
"Audits of Institutions of 1-Iigher Education and other Non -Profit Organizations," and which diselose
the expenditure ofCDBG (NSP3) funds allocated for this Project. Audit report shall be submitted 30
days after completion.
D. Non -Federal entities that expend less than $500,000 a year in Federal Awards are exempt from
Federal audit requirements for that year, but records must be available for review or audit by
appropriate officials ofthe Federal agency, pass-through entity, and General Accounting Office.
E. The Contractor shall retain financial records, supporting documents, statistical records, and all other
records pertaining to expenditures under this Agreement for a period of five (5) years from the date of
submission.
3. ADMINISTRATIVE REQTJIREMENTS:
A. Financial Management
The requirements of applicable sections of OMB Circular A-122 Cost Principles for Non -Profit
Organizations," and OMB Circulars A- 110, Grants and Agreements with Jnstitutions ofHigher
Education, Hospitals and Other Non -Profit Organizations, and 1997 A- 133, "Audits of States,
Governments and Non -Profit Organizations, shall apply to the use of funds disbursed under the
Agreement to utilize adequate internal controls, and maintain necessary source doeumentation costs
incurred.
B. Documentation and Record Keeping
Records to be maintained.
The Contractor shall maintain all records that are pertinent to the activities to be fimded under this
Agreement, including but not limited to:
a. Records providing a full description of each activity undertaken;
FY2OI 7 - NSP3
08/08/16
Page 6
b. Reeords required to doeument the aequisition, improvement, use or disposition of real property
acquired or improved with NSP3 assistance;
e. Records doeumenting eompliance with the fair housing and equal opportunity components of
the NSP3 program; and
d. Financial records as required by OMB Circular A-122, and/or OMB Cireular A-133 and/or
OMB CircularA-110.
C. Proeurement
1) Compliance
In the event oftermination for cause as provided in Paragraph 10 ofthis Part 11 or termination for
convenience as provided in Paragraph 11 of this Part 11, a pro -rated portion of the program assets
(unexpended program ineome, property, equipment, ete.) attributable to the City's NSP3 investment
shall revert to the City upon termination of this Agreement.
2) OMB Standards
The Contractor shall proeure materials in accordanee with the requirements of A- 133, A- 122,
Attachment 0 of OMB Cireular A- 110, Procurement Standards, and shall subsequently follow
Attachment N, Property Management Standards, eovering utilization and disposal ofproperty.
D. Amendments
The City or Contractor may amend this Agreement at any time provided that sueh amendments are
exeeuted in writing and signed by a duly authorized representative of both organizations. Sueh
amendments shall not invalidate this Agreement, nor relieve or release the City or Contraetor from its
obligations under this Agreement except to the extent stated in any amendment.
E. Certifications
By exeeution of this Agreement, the Contractor eertified that all contraetors, subcontractors, and/or
eligible suppliers to be used on the Projeet are eligible to participate in the federal NSP3, and that they
are not on any debarred, suspended, or ineligible list. A list of all contractors and sub-eontraetors must
be submitted to the City for review before work eommenees so the City may veriC' that all eontraetors
and subcontractors are not listed on the Federal publieation that lists debarred, suspended and ineligible
contraetors.
4. NON-IMSCRIMINATLON AND AF'FIRMATWE MARKETINC: (24 CFR 570.601)
No person shall be exeluded from or denied the benefits of the Contraetors serviee on the basis of age, race,
eolor, religion, ereed, national origin, sex, marital status, disability, or sexual orientation.
5. SECTION 504 COMPLIANCE
The Contraetor con±irms that no otherwise qualified individual with handieaps shall, solely by reason of
his/her handieap, be excused from partieipation in, be denied benefits of or be subjeeted to diserimination.
This does inelude, but is not limited to, housing, employment and the delivery of serviees and programs.
FY2OI 7 - NSP3
08/08/16
Page 7
6. EQUAL EMPLOYMENT OPPORTUNITY AND FAJR HOUSING
The Contraetor certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 216
(State Civil Righis) of the Iowa Code, and all applicable regulations of the U. S. Department of Housing and
Urban Development pertaining to equal opportunity and affirmative action employment. Further, the
Contractor shall ensure that all contracts for work under this Agreement contain appropriate equal
employment opportunity statements. In addition, the Contractor shall comply with all provisions of 24 CFR
92.350, other Federal requirements and nondiscimination.
7. SECTION 3 (24 CFR 570.607(b) and 24 CFR Part 135)
Section 3 ofthe Housing and Urban Development Act of 1968 requires that, recipients of CDBG (NSP3)
funds provide, to the greatest extent feasible, j ob training, employment and eontracting opportunities for low -
or very low-income residents in eonnection with projeets and activities in their neighborhoods. The intent of
Section 3 is to foster Iocal economic development, neighborhood economic improvement, and individual self-
sufficiency.
Section 3 requirements apply to ncw hires only. It does not require the ereation of economic
opportunities for low-income persons simply for the sake of creating jobs, but requires that whenjobs are
generated because a project necessitates the employment of additional workers, preference be given to
Section 3 qualified individuals or businesses. If contractors have no need for additional workers, then the
Section 3 requirements do not apply, although any existing workers that fall under Section 3 guidelines
will have to be reported.
Section 3 residents are publie housing residents or persons who live in the area where a CDBG project is
located and who have a household income that falis below HUD's income limits
A Section 3 bnsiness isa business that is 51% or more owned by Section 3 residents; employs Section 3
residents for at least 30% of its full-time, permanent staff; or provides evidence of a commitment to
subcontract to Section 3 business concerns, 25% or more ofthe dollar amount ofan awarded contract.
You must take affirmative actions to achieve the Section 3 goals. Actions inelude the foliowing:
• Ineluding Section 3 intent in all bid advertisements;
• Requiring contractors to advertise employment opportunilies locally;
• Notiing residents and businesses ofeconomic opportunities available;
• Keeping contractors informed of their Section 3 responsibilities;
• Include the Section 3 clause (see 24 CFR 135.38) in every solicitation and contract; and
• Report Section 3 results.
8. W/MBE (24 CFR 92.351)
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 members or women) the maximum practicable
opportunity to participate in the performance of the Agreement.
FY2017 - NSP3
08/08/16
Page 8
9. ENVIRONMENTAL ASSESSMENTS AND HISTORLC PRESERVATION
The Contractor shall comply with all applicable environmental assessment and historic preservation
requirements ofHUD and the State Historic Preservation Officer oflowa. The Contractor agrees to notify the
City one week before excavation so the City may hire an areheologist to be present on-site during exeavation.
10. TERMINATION OF AGREEMENT FOR CAUSE (24 CFR 85.43)
If the Contraetor fails to fbffihl its obligations under this Agreement in timely and proper manner, or if the
Contraetor violates any of the terms, agreements or stipulations of this Agreement, the City shall thereupon
have the right to terminate this Agreement by giving written notice to the Contractor of such termination,
speeif'ing the default or defaults, and stating that this Agreement shall be terminated thirty (30) days after
giving of such notice unless such default or defaults are remedied within sueh eure period (or sixty (60) days
after sueh notice if sueh default is curable but requires acts to be done or conditions to be remedied which, by
their nature, cannot be done or remedied within such 30 -day period, unless thereafter Contraetor diligently
and eontinuously prosecutes the sanie to completion within such 60 -day period.) Jn the event of such
termination, the Contractor shall promptly repay to the City the hill grant/loan amount or that portion of the
amounts, which have been disbursed to the Contraetor prior to such termination. In accordance with 24 CFR
85.43 this Agreement may be terminated if Contraetor materially fails to comply with any term of the
Agreement.
11. TERMINATION OF AGREEMENT FOR CONVENIENCE (24 CFR 85.44)
This Agreement may be terminated in whole or in part upon the mutual agreement of the parties hereto, in
which case the City and the Contraetor shall agree upon the termination conditions, including the effeetive
date, the disposition of contraet amounts, and in the case ofpartial termination, the portion to be terminated.
However, if, in the case of partial termination, the City determines tbat 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,
the Contraetor shall promptly repay to the City the hill grant/loan amount or that portion of the amount which
has been disbursed to the Contraetor prior to such termination.
12. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS (24 CFR 570.611)
A. No member or delegate to the Congress of the United States, and no resident Commissioner, shall be
admitted to any share or part of this Agreement, or to any benefit to arise here from.
B. No member of the governing body of the City, no officer, employee, official or agent of the City, or
other local public official who exercises any thnctions or responsibilities iri connection with the review,
approval or carrying out of the Project to which this Agreement pertains, shall have any private interest,
direet or indirect, in this Agreement while in office and for one year afler holding the position.
C. No federal fiinds appropriated under this Agreement shall be paid, by or on behalf ofthe Contractor, to
any person for influencing or attempting to in±luence a member of Congress, an officer or employee of
Congress or any federal agency in connection with the awarding of any federal contraet, the making of
any federal grant, the making of any federal loan, the entering into of any eooperative agreement, and the
extension, continuation, renewal, amendment or modiflcation of any federal contract, grant, loan or
agreement.
13. INTEREST OF THE CONTRACTOR
The Contractor covenants that it has no interest and shall not acquire any interest, direct or indirect, which
would conflict in any maimer or degree with the performance of the services to be undertaken through this
Agreement. The Contractor further eovenants that in the performance of this Agreement, the Contractor shall
employ no person having such an interest.
FY2O]7-NSP3 Page9
08/08/16
14. GRANTOR RECOGNITION
All activities, facilities, and items utilized pursuant to this Agreement shall be prominently labeled as NSP3
funded. In addition, the Contractor will inelude a reference to the support provided herein in all publications
made possible with thnds made available under tbis Agreement.
15. ASSIGNABILITY
The Contractor shall not assign or transfer any interest in this Agreement without the prior written approval of
the City. Any assignment made without such consent shall be void. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
16. HOLD HARMLESS PROYJSION
The Contractor shall indenmif,, defend and hold harmless the City and the State of Iowa, their officers,
employees and agents, from and against any and all liability, loss, cost, damage and expense (ineluding
reasonable attomes fees and court costs) of any type or nature whatsoever, resulting from or incurred by
reason of the negligent acts or omissions of the Contractor, its employees, contractors or agents, during the
performance ofthis Agreement. The Contractor further agrees to hold the City harmless and to waive any
claims against the City on account of delays in prosecution of the work, but if said work is delayed by the
City, then the Contractor shall have sueh extra time for completion of the work as was lost by reason of the
delay caused by the City.
17. SEYERABLLITY CLAUSE
Ifany one or more ofthe provisions coritained in this Agreement are held to be invalid, iliegat, or
unenforceable, the provisions ofthis Agreement shall be deemed severable and the remainder ofthe
Agreement shall remain in fult force and effect. However, ifthis Agreement is declared invalid in totality and
the City reinains obligated under the terms of its contract with the State, the Contractor shall complete the
obligations assigned it through this Agreement and/or repay to the City and the State any prior reimbursement
made. It is expressly agreed and understood that this provision shall survive any determination ofinvalidity
or otherwise ofthis Agreement.
18. LIMITATIONS OF CITY LIABILITY - DISCLAIMER OF RELATIONSHIP
The City shall not be liable to the Contractor, or to any party, for completion of or failure to complete ariy
improvements which are part of the Project. Nothing contained in this Agreement, nor any act or omission of
the City or the Contractor, shall be eonstrued to create any special duty, relationship, third -party beneficiary,
respondent superior, limited or general partnersbip, joint venlure, or any association by reason of the
Contractor's involvement with the City. The Contractor is obligated and responsible to perform any requested
action that will allow the City to meet its obligations under the State contract.
19. FEDERAL LAWS
By virtue of the federal fiinding provided for under this Agreement, the Contractor and all other parties
shall be bound by and adhere to all applicable laws, rules, policies, orders, and directions.
20. RESPONSIBILITY FOR PROGRAM REGULATIONS
The Contractor is responsible to comply with all regulations contained in 24 CFR Part 570 as it may be
amended from time to tinie. The Community Development Board shall attempt 10 forward copies ofthe
updated regulations as they become available, however, the Contractor shall be ultimately responsible for
securing said updates.
[72017 - NSP3
08/08/16
Page 10
21. UNIFORM ADMINISTRATIVE REQUIREMENTS
The Contractor must comply with applicable uniform administrative requirements, as described in 24 CFR
Part 570.502.
ik#:71111 C!1(1111,Y11:iH�lVA. [17�F.1
Religious organizations receiving NSP3 funds shall comply with 24 CFR 570.200.
23. MISCELLANEOUS
This Agreement is binding on the parties and the respective successors and assigns of each. It may not be
modified or amended except in a written instrument signed by both parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the eighth day of
August, 2016.
CITY OF WATERLOO
COMMUNITY DEVELOPMENT BOARD
620 Mulberry Street, Suite 202
Waterloo, Iowa 50703
BY: 07 0 G h• 77a-,",
Robert Tyson, Board Chairman
A:/V
11
Rudy D. Jo es
Communi Development Director
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
CONNERLEY CONSTRUCTION, LLC
130 Brighton Circle, S.W.
Cedar V{ Rapids, Iowa 52404
BY: )Ad, �' " FU r
Allen Connerley, Owner
BY:
Quentin Hart, Mayor
,4f/,on (wirerley
On this eighth day of August 2016 , before me, a Notary Public in and for the State of Iowa personally appeared
Allen Connerley to me personally known, who being by me duly sworn did say that he is the Owner of Connerley
Construction, LLC, executing the foregoing instrument, that the instrument was signed on behalf of the company as
Owner of Connerley Construction, LLC, and that Allen Connerley as such officer acknowledged execution of the
instrument to be the voluntary act and deed of the company by it and by the officer voluntarily executed.
Seal "'4 g,
Notary Public in anor the tat , f Iowa
Amissio No.79D
Commission No.796776
My Comi tsssi Expires
FY2017 - NSP3 Page 11
08108116
PERFORMANCE BOND
)3bnd Nurrbex: 62802117
KNOW Alt PEE8ONS Yi TFIE$E PREGENTS, Thatwe CQDflt3rl\W Qonstcuction, Ino.
130 Briqhton Gir. S. W., cedar flapith, IA 52404-4744
retered to as the Pdnclpal, and WIt$TCRZJ SURETY COMfl'J4Y
as Surety, are held and tirmhj bourld unto City of
Waterloo
ot
herelnafter
One Hirndnd Severity 1ght Thousand Nine HuAdre7
referredtoastheobflgee1ltlthesumof .yni22LiQ_____.
Daflars ($ t78, 967 .00 ), for tha paymen af whloh w bind ourselvea, aur legal representaflves, SUCc€SSQrS
and saigns, jaintly wid severaliy, firmly by these presenta.
W-4ERAS, Principal has entered into a contract with Obligee, dated the gth day f Auqust
2016 ,forNeJjgme Constructian
NOW, THERFOR2, 11' the Prholpal thaIl falthfully per(orm suoh oontraot ar hatI indemnify arid save harmless
the Obllgee fram all cost and datnage by reason af Prinolpal's failure so to cia, theri ibis obflgatlon shail be nufl
arxl vold; otherwlse it sbeII remain In full f�rce arid eftect,
ANY PROCEEO!NG, egal or equithble, under this BoId may be instituted in any court of oanipetentjurlsdictbn Iri
tbe ooation In whloh tne work or part of the worl< Is qoated and shall be lnsvtuted wthin twa years ftar
Contractor Default or within twa years atter the Contraotor oeased working ar within twa years after the Surety
refusea ar fafls to pettorm Its abflgationa under this 8ond, whichever ocaurs tirst, f tha xpvisions of thls
Paragraph are void or prohibited by Iaw, the minimum period af lirnitation avaflable to sureties as a dafense in the
jurisdiction af the sult shall be applicable.
NO RIGHT OF ACTON shall accrue an this Band to ar for the usa af any person ar corporatlon other than the
ObHgee named herein ar the heira, exeoutors, administrators or sucoessOrs af the Obligee.
SIGNED, SEALED AND DATED this ..........UtJL.. day of
Pomi F4607
Auguat 1 2016
Connerle' Constructi
tTY corinn
?1
ur�ty)
id A Ludovi
(Seal)
y Attarney-in.Fact
PAYMENT BOND
aand Nuniber: 52982117
KNOW ALL PERSQNS BY THESE PRESENTS1 Thet we Conneriey Consttuot iar, Inc.
i30 ciuhtcn Qir 8.
referred to as the Pdncipal, and Sft12EZIU1 9U1ETY COMPM
as Surety, are held and firmly bound unto Oity of Waterloc
hereinafter
One Hundred eventy flqht Thousaud N.tne Hundred
referred to as the Obligee, in the sum of Stxty Seven and 00/100
Daflars ($ flj7 for the payrnent o?whtch we bind ouselves, our legal representativea, suo�esors
and asslgns, jolntly and severafly, firrniy by these presenta,
WHEREAS, Principal has eritered Intn m contract with Obligee, datecl daV af Auguat
2016 ror New Hore construct±ort
of
herehinfter
copy of whlch contract Is by re[erenoe made a part hereor.
NOW, THEREFORE, if Princlpal shall, In accordancewlth appllcable Statutes, pronipuy make paymerit to alt
peisons supp4ylng labor and materlat In trw prosecutlon ot trw work provlded for In sald contract and any and alt
duly author!zed rnodithatIons of sald contraot that may hereafter be made, notice af whloh rnodtflcatlons th Surety
belng walved, lhen this ob4lgatlonto be void; otherwise to ramain lil rull force and ettect.
No sult or action shall be comrnenced hereunder
(a) Mer the expiraUon af one (1) year retiowing ttie date en whioh Prinoipal oeased work on said oontraot it
being understood, however, that if any tirnitation embodied in ts bond Is prohibited by any law controlflng
the coristruction hereof suoh liniltation shalt be deemed to be ariended so as to be equa( to the rninimum
perlod of limitation perniitted by aueh taw.
(b) Ottier than in a state oourt af competent Judadictlon In and for the county or other polltloat subdMslon of
the atate In whioh the project, ar any part thereof, is situated, or in trw Unitecl States Distrlct Court for the
distriot in which the project, or any part thereof, Is aituated and net elsewhere.
The arnount of thia bond shafl be reduoed by ancl to the extent of any payr-nent ar payment5 made in good foith
hereunder,
SJGNED, SEALED AND DATED this l7th _day of
Fomi F0578
Augus t
2036
SIJRETY COMPPINY
fl (Suret).
asuprsrS (Seat)
d A I,ucloviny Attorney.ln•Eaot
Western Surety Company
POWER 01? AVPORNEY - CERTIFIEI) COPY
floitdNv 628fl117
Enosw AJI Men By thee rraenra, thAt WBS'flauq SflRfl COMLW4Y, n coLpoAUoa duIy orgnnlnd and cxthtIn tmdor tbD
kw of (h Stot at SouUz Dokoto, gini! havin J. prkwipol QffieO in Siou*t FnUa, Suuth Daltotc (±o "Oouspmy'), dot. b' thc,p proenf
mako, conslituteaod apoinL .....
jt trfte and law ottornoy(a)4ii.taot, with M1 power and nuthnrty hot'eby oonThrvecl, to exeouto, aokupwkdn and ,1e1ivoi to* and o.d
lts behaltas urety, honda toe'
Prinoipal: Connerley Construction, Inc.
ObUgee: City of WalSrloo
Am,urtt' $5ao,000.00
and to bbxd thu Company thovoby ; 1t1lv sud to the sanio e,¼.nt a if ouch bwid wwo ied by the Setitor Voo Fresident> ReaIM
with the oorporate sool af th.o Company and duly attcotM by Ito S*rotAry2 hrroby i'ntb'ing and oontmilng all that tbo said
attoty().S nlay do within tho abave stated lirnitaUon. 13a1d appofntrnent is made tmder oiid by anthorfty oF the foilowfng
bylnw af Wenayn Stiiaty Ca,npaoy whtct rooj,dia rsi. (Idi foroo and ��mt.
$etjon t. AJ1 bonde, poftei.c, tn3dortakings Powsro of Azthrzsy or othor obligauons of the oorporaUon shali he exeoutod in tha
oozporate name af the Coinpauy by ths Preident, �eorelaty, any AssLqtant Secretary, Treasuror, or 003' Vioe ikasident ot by s,ieh
othea' offioera ge the Board ot Dircetoro ir,ay aLthotte. tho Prndd*nt, an,y Viae Prouident, Sooreuny, ony Aeststsnt fieorot.ary, or tho
¶eanzrsr inay appa1n Atthnteyx in 'nct or ,tentg wbo tall bva authotttt to ist&a hondo, polio!es, ot uudsn.uldn In ths natne oE
the Coznpany. Tkte oao aenl is not nooeasary Jbr thm valtcftty af any bonds, p�Iicies, rnUertekinga, Powera af Attorney or other
obflga�ons of the eorporatioo. Tbo sigoature of.my sudi of6cer and the oorporate soal may be priuted by facohuile?
All nutbocity hereby ooa,fon'sd abali oxpfro and torm1nato, witlwut notko, tinioa ttrod botbro midoight oC 2�nteV 3 lst
201.6 but uaItl such thne shnU be tn'evocabie and In tnll fore. and ettect,
In Witness WberaoZ Westotn Surety Onm»auy htio caused tbese preseaWto 1,a signed hy ito Vks Preaidei* Pani 1'. Bnifiat, and
itscorporatqnJ4obeaffixodtIth 1'?th dayot Auaut , 2016
tt.
WEB FJUR Y OOMPANY
fr
00
Do +sssa'SWth da ef Au70st in the year 2016 , boforgtne, anotary pnbhe, personally appaarod
Paol ¶t. Brtttlat who bebig to Inc duly aworit, noluwwLedtod tbat )ae oigued tho above Powo o! Attot'ney aa tho utorocoid ojfluoe of
W1!&1'JZEJ SLT Rfl QCIMPANY and at'1aowedcd n*itl inI4cumeIi Lo bi, ±e volunlary a'it nii! doed otnald urpwaUvn
t','4SW*'��, 4
1
1
J.MOHR
1 Z.t? $CUTH DAK*T4¼&VtVj
+4,�SgS¼4,fl,',. +
My Qeounicbion Expires June 23, 2,021
1 the 1rndaniane.I offieer nf WasPrn Thn'et,y Cnmpany, 2 tnc& eorpnvatton o tho Stoto of outb fl2bota, ao hereby corUft' tliat tln
attaohed Powar of Attoeney is In full force and ofteot and is irrav000bto, aol! tkarLhnr,noro, thnt 3eotion 7 of th� bytaws of ±s Compwjy
as setfortli M thn ?owor of Attomay Is now itt force.
Tn tetimotiy whereof 1 bavo herounLo aol uiy hand and geal of Western fiureLy Oornpany ibis
Auqust , 2016
Notai-y Pub&- SouUi Dakuia
l7th dayof
WBJS7'1ftM SUB.flY OOMPA.NY
Paulp4njflat,Vksrxesidaut
Th vafldata bond anthhnt$elty, go to w naeurtty.cojxj Owuor/OIsIigAe Senfrg,s Valhhta »ond Coverage.
Fomi F6300I-201$