HomeMy WebLinkAboutJ & B CONSTRUCTIOJN SERVICES INC $272,681.00 NEIGHBORHOOD STABILATION PROGRAM 1CONTRACT
between
AUGUSTA, GEORGIA
And
J & B Construction and Services, Inc.
in the amount of
$272,681.00
Two Hundred Seventy -Two Thousand Six Hundred and Eighty -One Dollars & 00 /100
for Fiscal Year 2010
Providing funding for
NEIGHBORHOOD STABILATION PROGRAM I
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
"Florence Street Multi- Family Project Construction Services"
THIS AGREEMENT ( "Contract "), is made and entered into as of the _ day of June 2010 ( "the
effective date ") by and between Augusta, Georgia, acting through the Housing and Community
Development Department (hereinafter referred to as "AHCD ") - with principal offices at 925 Laney
Walker Blvd., 2 nd Floor, Augusta, Georgia 30901, as party of the first part, hereinafter called
"Augusta or AHCDD ", and J & B Construction and Services, Inc., a developer, organized pursuant to
the Laws of the State of Georgia, hereinafter called "J & B" as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a Neighborhood Stabilization Program Participating Jurisdiction, and has
received Neighborhood Stabilization (hereinafter called NSP or the NSP Program) funds from HUD
for the purchase of foreclosed or abandoned homes to rehabilitate, resell, or redevelop these NSPs in
order to stabilize neighborhoods and stem the decline of house values of neighboring homes; as
defined by HUD; and
WHEREAS, Augusta wishes to increase multi - family homeownership opportunities and preserve and
increase the supply of affordable housing for eligible low and moderate income families through
eligible uses of its NSP Program grant funds, as described in the Augusta - Richmond County
Consolidated Plan 2010 -2015, and the Year 2010 Annual Action Plan; and
WHEREAS, Augusta wishes to enter into a contractual agreement with J & B Construction and
Services, Inc. for the administration of NSP eligible affordable housing development activities; and
WHEREAS, this activity has been determined to be eligible NSP activity and will meet one or more
of the national objectives and criteria outlined in Title III of Division B of the Housing and Economic
Recovery Act, 2008(HERA).
WHEREAS, this activity has been determined to be an eligible CDBG activity therefore the
developer is required to comply with the Community Development Block Grant Program regulations
at 24 CFR Part 570 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, at 49 CFR 24.
WHEREAS, J & B Construction and Services, Inc. has been selected and approved through a change
to the Substantial Amendment submitted to the U. S. Department of Housing and Urban Development
(HUD) for development partners to assist in the redevelopment of NSP eligible communities based on
designated zip codes selected prior by HUD as areas of greatest need.
WHEREAS, J & B Construction and Services, Inc. has agreed to provide services funded through this
contract free from political activities, religious influences or requirements; and
WHEREAS, J & B Construction and Services, Inc. has requested and Augusta has approved a total of
$ 272,681.00 in funds to perform NSP eligible activities as described in Article I, below:
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: J & B Construction and Services, Inc. agrees to utilize approved NSP funds to
support project related costs associated with the Florence Street Project. This project is a multi - family
affordable housing effort which involves development and construction of new .multi - family housing
units along the Florence Street. Under this agreement:
Perform new construction services for 1 multi - family unit
Perform all required and requested marketing and advertising activities; in accordance with
"NSP" program "Fair Housing" regulations
All projects are to posses the following required components:
• Secure required financing to supplement project within the parameters of the draw
schedule
• Coordinate with City of Augusta for all review /permit processes
• Perform all Pre - construction activities
• Participate in the refinement of the development plan
• Develop a project budget
• Materials list to include brand name and/or model number and price of all lighting,
flooring, cabinets, plumbing fixtures and appliances
• Work with HCDD to obtain or make provisions for all approvals and permits,
including parking
• Develop a master schedule for the construction process
B. Use of Funds NSP funds shall be used by J & B Construction and Services, Inc. for the
purposes and objectives stated in Article I, Scope of Services, and Exhibit "A" of this
Agreement. The use of NSP funds for any other purpose(s) is not permitted. The following
summarizes the proposed uses of NSP Program funds under this Agreement:
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Construction
An amount not to exceed $272,681.00 shall be expended by J & B Construction and Services,
Inc. from NSP Program funds for construction costs related to the development of an
affordable multi - family housing unit as part of the Florence Street Project. The design and
specifications have been approved by AHCD prior to construction (Exhibit D). Funds will be
used to assist with the cost of all construction related fees.
The addresses for this project
(a) 1120/1124 Florence Street Augusta, GA 30901
J & B Construction and Services, Inc. will not be required to leverage funding through a
construction loan as this contract is for construction services only.
2. Developer's Fee
Not applicable.
3. Construction Interest
Not applicable.
C. Program Location and Specific Goals to be Achieved
J & B Construction and Services, Inc. shall conduct construction related activities and services
in its project area (also known as the Laney Walker Community) incorporated within the
following boundaries: 11` Street on the West; 12"' Street on the East; Cedar Road on the
South; and Laney Walker Boulevard on the North and its designated geographic boundaries
approved by AHCD.
D. Project Eligibilily Determination
It has been determined that the use of NSP funds by the J & B Construction and Services, Inc.
will be in compliance with Division B, Title III of the Housing and Economic Recovery Act
(HERA) of 2008. Notwithstanding any other provisions of this contract, J & B Construction
and Services, Inc. shall provide activities and services as described in the description of the
project, including use of funds, its goals and objectives, tasks to be performed and a detailed
schedule for completing the tasks for this project as provided in Exhibit A of this contract.
ARTICLE H. BUDGET AND METHOD OF PAYMENT
J & B Construction and Services, Inc. will be compensated in accordance with this Article II, Budget
and Method of Payment, that specifically identifies the use of NSP and other project funding as
represented in Article II.C.2 of this Agreement. J & B Construction and Services, Inc. will carry out
and oversee the implementation of project to be funded with NSP funds. J & B Construction and
Services, Inc. agrees to perform the required services under the general coordination of the Augusta
Housing and Community Development Department. In addition and upon approval by Augusta, J &
B Construction and Services, Inc., may engage the services of outside professional services
consultants and contractors to help carry out the program and projects.
A. Augusta shall designate and make NSP Project funds available in the following manner:
Augusta agrees to pay J & B Construction and Services, Inc, a maximum of $ 272,681.00
under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of
Services, subject to J & B Construction and Services, Inc. compliance with all terms and
conditions of this agreement and the procedures for documenting expenses and activities as set
forth in ARTICLE V.
2. The method of payment shall be on a reimbursement basis. The Reimbursement Form can be
found in Appendix B. For invoicing, J & B Construction and Services, Inc. will include
documentation showing proof of payment in the form of a cancelled check or check register
and completed reimbursement form that includes amount requested, amount remaining and
specific line items names that relate to contract budget found in Appendix A.
3. AHCD will monitor the progress of the project and J & B Construction and Services, Inc.'s
performance on a weekly basis with regards to the production of housing units and the overall
effectiveness of project.
4. Upon the termination of this agreement, any unused or residual funds remaining shall revert to
Augusta and shall be due and payable on such date of the termination and shall be paid no
later than thirty (30) days thereafter.
Funds may not be transferred from line to line item in the project budget without the prior
written approval of Augusta.
6. The use of funds described in this agreement is subject to the written approval of the U. S.
Department of Housing and Urban Development.
7. This Agreement is based upon the availability of NSP Program Funds.
B. Project Financing
The Augusta Housing and Community Development Department (AHCD) will provide one
hundred percent (100 %) of the total construction costs of this project.
Additionally, this funding is being committed specifically for construction related costs as
well as for other project related costs.
C. Timetable for Completion of Project Activities
J & B Construction and Services, Inc. shall obligate the designated NSP funds within thirteen
(13) months of the date of execution of this Agreement. Based on the budget outlined in C.2
below, J & B Construction and Services, Inc. will provide a detailed outline of critical project
milestones and projected expenditures during the course of the development project as Exhibit
C. These documents will become an official part of the contractual agreement and provide the
basis for overall project performance measurements.
D. Project Budget: Limitations
J & B Construction and Services shall be paid a total consideration of no more than
$272,681.00 for full performance of the services specified under this Agreement. Any cost
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above this amount shall be the sole responsibility of the J & B Construction and Services, Inc.
It is also understood by both parties to this contract that the funding provided under this
contract for this specific project shall be the only funds provided by Augusta — unless
otherwise agreed to by Augusta and J & B Construction and Services, Inc.
J & B Construction and Services, Inc. shall adhere to the following budget in the performance
of this contract.
A. Project Activity Cost $ 244,627.00
Construction Permits 3,592.00
Construction Contingency 24,462.00
TOTAL NSP /CDBG PROJECT COST: $272,681.00
ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)]
The Resale/Recapture Provisions in this Article III shall ensure compliance with the NSP
Program "Period of Affordability" requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR
92.254 requires that the City, its sub - recipients, and CHDOs follow certain resale /recapture
restrictions with regard to its NSP - funded homebuyer program. Each property sold to a NSP
recipient will remain affordable for the duration of the affordability period or the City will use
the recapture option.
A. Recapture Provisions F24 CFR 92.254(5)(ii)1
Not Applicable.
ARTICLE IV. TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by Augusta
and the J & B Construction and Services, Inc. (whichever date is later) and shall end at the completion
of all program activities, within the time specified in Article I.D, or in accordance with ARTICLE IX:
Suspension and Termination.
ARTICLE V. DOCUMENTATION AND PAYMENT
A. This is a pay- for - performance contract and in no event shall Augusta provide advance funding to
the J & B Construction and Services, Inc., or any subcontractor hereunder. All payments to the
J & B Construction and Services, Inc. by Augusta will be made on a reimbursement basis.
B. J & B Construction and Services, Inc. shall maintain a separate account and accounting process
for NSP funding sources.
C. J & B Construction and Services, Inc. shall not use these funds for any purpose other than the
purpose set forth in this Agreement.
D. Subject to J & B Construction and Services, Inc. compliance with the provisions of this
Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and
local guidelines.
E. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A -110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit
Organizations" as well as the procurement policy of Augusta.
F. Requests by J & B Construction and Services, Inc. for payment shall be accompanied by proper
documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no
later than thirty (30) calendar days after the last date covered by the request. For purposes of this
section, proper documentation includes: "Reimbursement Request" form supplied by HCD,
copies of invoices, receipts, other evidence of indebtedness, budget itemization and description
of specific activities undertaken. Invoices shall not be honored if received by Augusta later than
sixty (60) calendar days after expiration date of this Agreement. Reimbursement request form is
in Appendix A.
G. J & B Construction and Services, Inc. shall maintain an adequate financial system and internal
fiscal controls.
H. Unexpended Funds Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the
J & B Construction and Services, Inc.
ARTICLE VI. ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
J & B Construction and Services, Inc. agrees to comply with the conflict of interest provisions
contained in 24 CFR 85.36, 570.611, OMB Circular A -110 and OMB Circular A -102 as
appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of J &B Construction. No person described
above who exercises, may exercise or has exercised any functions or responsibilities with
respect to the NSP activities supported under this contract; or who are in a position to
participate in a decision- making process or gain inside information with regard to such
activities, may obtain any financial interest or benefit from the activities, or have a financial
interest in any contract, sub - contract, or agreement with respect to the contract activities,
either for themselves or those with whom they have business or family ties, during their tenure
or for one year thereafter. For the purpose of this provision, "family ties ", as defined in the
above cited volume and provisions of the Code of Federal Regulations, include those related
as Spouse, Father, Mother, Father -in -law, Mother -in -law, Step - parent, Children, Step-
children, Brother, Sister, Brother -in -law, Sister -in -law, Grandparent, Grandchildren of the
individual holding any interest in the subject matter of this Agreement. J &B Construction in
the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as
Contractors, Sub - contractors and Consultants shall sign and submit a Conflict of Interest
Affidavit. (Affidavit form attached as part in parcel to this Agreement)
B. Augusta may, from time to time, request changes to the scope of this agreement and
obligations to be performed hereunder by J & B Construction and Services, Inc. In such
instances, J & B Construction and Services, Inc. shall consult with HCD /Augusta on any
changes that will result in substantive changes to this Agreement. All such changes shall be
made via written amendments to this Agreement and shall be approved by the governing
bodies of both Augusta and J & B Construction and Services, Inc.
C. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
J & B Construction and Services, Inc. agrees that it will conduct and administer NSP activities
in conformity with Pub. L. 88 -352, "Title VI of the Civil Rights Act of 1964 ", and with Pub.
L. 90 -284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested
activity is to use the fair housing symbol and language in J & B Construction and Services
Inc.'s publications and/or advertisements. (24 CFR 570.601).
B. Ownership Interest
Not Applicable.
C. Non - Discrimination
J & B Construction and Services, Inc. agrees to comply with 24 CFR Part I, which provides
that no person shall be excluded from participation in this project on the grounds of race,
color, national origin, or sex; or be subject to discrimination under any program or activity
funded in whole or in part with federal funds made available pursuant to the Act.
D. Labor Standards
General J & B Construction and Services, Inc. agrees that in instances in which there
is construction work over $2,000 financed in whole or in part with NSP funds under
this Agreement, J & B Construction and Services, Inc. will adhere to the Davis -Bacon
Act (40 USC 276), as amended, which requires all laborers and mechanics working
on the project to be paid not less than prevailing wage -rates as determined by the
Secretary of Labor. By reason of the foregoing requirement, the Contract Work Hours
and Safety Standards Act (40 USC 327 et seq.) also applies. These requirements
apply to the rehabilitation of residential property only if such property contains eight
or more units. (24 CFR 570.603)
2. Labor Matters No person employed in the work covered by this contract shall be discharged
or in any way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any proceeding
under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR
570.603)
E. Environmental Standards
J & B Construction and Services, Inc. agrees that in accordance with the National
Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD
in complying with the Act and regulations, and that no activities will be undertaken until
notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior
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to beginning any project development activity, an environmental review must be conducted by
the Augusta - Richmond County Planning Department pursuant to (24 CFR 570.604).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001 - 4128), J &B
Construct agrees that NSP funds shall not be expended for acquisition or construction in an
area identified by the Federal Emergency Management Agency (FEMA) as having special
flood hazards (representing the 100 -year floodplain). Exceptions will be made if the
community is participating in the National Flood Insurance Program or less than a year has
passed since FEMA notification and flood insurance has been obtained in accordance with
section 102(a) of the Flood Disaster Protection Act of 1973.
G. Displacement and Relocation
J & B Construction and Services, Inc. agrees to take all reasonable steps to minimize
displacement of persons as a result of NSP assisted activities. Any such activities assisted
with NSP funds will be conducted in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community
Development Act of 1974 (24 CFR 570.606).
H. Non - Discrimination in Employment
J & B Construction and Services, Inc. agrees to comply with Executive Order 11246 and
12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person
shall be discriminated against on the basis of race, color, religion, sex or national origin. J &
B Construction and Services, Inc. will in all solicitations or advertisements for employees
placed state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, national origin or familial status.
I. Employment and Business Opportunities
J & B Construction and Services, Inc. agrees that low and moderate income persons residing
within Augusta- Richmond County; and that contracts for work in connection with the project
be awarded to eligible business concerns which are located in or owned in substantial part by
persons residing in Augusta - Richmond County - (24 CFR 570.697).
Lead -Based Paint
In accordance with Section 92.355 of the NSP Regulations and Section 570.608 of the CDBG
Regulations, J &B Construction agrees to comply with the Lead Based Paint Poisoning
Prevention Act pursuant to prohibition against the use of lead -based paint in residential
structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of
the hazards of lead -based paint poisoning and the elimination of lead -based paint hazards.
K. Debarred, Suspended or Ineligible Contractor
J & B Construction and Services, Inc. agrees to comply with 24 CFR 570.609 with regards to
the direct or indirect use of any contractor during any period of debarment, suspension or
placement in ineligibility status. No contract will be executed until such time that the
debarred, suspended or ineligible contractor has been approved and reinstated by AHCD.
L. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, J & B Construction and Services, Inc. agrees to
administer a policy to provide a drug -free workplace that is free from illegal use, possession or
distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace
Act of 1988.
M. Publicity
Any publicity generated by J & B Construction and Services, Inc. for the project funded
pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will
make reference to the contribution of Augusta Georgia in making the project possible. The
words "Augusta Georgia Department of Housing and Community Development" will be
explicitly stated in any and all pieces of publicity; including but not limited to flyers, press
releases, posters, brochures, public service announcements, interviews, and newspaper
articles.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if J &B Construction fails to expend its grant funds in a
timely manner, such failure shall constitute a material failure to comply with this Agreement
and invoke the suspension and termination provisions of ARTICLE X. For purposes of this
Agreement, timely expenditure of funds means J & B Construction and Services, Inc. shall
obligate and expend its funds as designated under ARTICLE U. (B).
O. Compliance with Laws and Permits
J & B Construction and Services, Inc. shall comply with all applicable laws, ordinances and
codes of the federal, state, and local governments and shall commit no trespass on any public
or private property in performing any of the work embraced by this contract. J & B
Construction and Services, Inc. agrees to obtain all necessary permits for intended
improvements or activities.
P. Assignment of Contract
J & B Construction and Services, Inc. shall not assign any interest in this contract or transfer
any interest in the same without the prior written approval of Augusta.
Q. Equal Employment Opportunity
J & B Construction and Services, Inc. agrees to comply with the prohibitions against
discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-
07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise
qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency
shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping
accommodations.
R. Affirmative Action
0
J & B Construction and Services, Inc. will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, national origin, or familial status. J & B
Construction and Services, Inc. will take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, religion, sex, national origin, or J & B Construction and Services, Inc. social status.
Such action shall include, but not be limited to the following: employment, upgrading,
demotion or transfer; recruitment or advertising; lay -off or termination, rates of pay or other
forms of compensation; and selection for training, including apprenticeship. J & B
Construction and Services, Inc. agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Augusta setting forth the provisions
of this nondiscrimination clause. J & B Construction and Services, Inc. agrees to make efforts
to encourage the use of minority and women -owned business enterprises in connection with
NSP supported activities.
S. Religious Influence
J & B Construction and Services, Inc. will not discriminate against any employee or applicant
for employment on the "basis of religion and will not give preference of persons on the basis of
religion. J & B Construction and Services, Inc. will not discriminate against any person
applying for shelter on the basis of religion. J & B Construction and Services, Inc. will
provide no religious instruction or counseling, conduct no religious worship or services,
engage in no religious proselytizing and exert no religious influence in the provision of shelter
and other eligible activities funded by this grant.
T. Indirect Costs
Indirect costs will only be paid if J & B Construction and Services, Inc. has an indirect cost
allocation plan approved by the Department of Housing and Urban Development prior to the
execution of this Contract.
U. Travel
AHCD shall not approve any travel or travel related expenses to J & B Construction and
Services, Inc. with funds provided under this contract.
V. Construction Requirements - SEE APPENDIX C
All housing units newly constructed with NSP Program funds must, before occupancy, meet
the Property Standards specified at 25 CFR 92.251 [the NSP Program Regulations]. The
Property Standards at 24 CFR 92.251 require that the NSPs receiving NSP Program funds
must meet all local codes for new construction. In the absence of local codes, properties must
meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this
Agreement is "new construction" by NSP Program defmition and therefore must meet the
local building codes for new housing in Augusta Georgia, as applicable.
ARTICLE VIII. SUSPENSION AND TERMINATION
A. In the event J & B Construction and Services, Inc. materially fails to comply with any terms of
this agreement, including the timely completion of activities as described in the timetable
and/or contained in ARTICLE I, Scope of Services, Augusta may withhold cash payments
until J & B Construction and Services, Inc. cures any breach of the agreement. If J & B
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Construction and Services, Inc. fails to cure the breach, Augusta may suspend or terminate the
current award of NSP funds for J & B Construction and Services, Inc.
B. Notwithstanding the above, J & B Construction and Services, Inc. shall not be relieved of its
liability to Augusta for damages sustained as a result of any breach of this agreement. In
addition, to any other remedies it may have at law or equity, Augusta may withhold any
payments to J & B Construction and Services, Inc. for the purposes of set off until such time
as the exact amount of damages is determined.
C. In the best interest of the program and to better serve the people in the target areas and fulfill
the purposes of the Act, either party may terminate this Agreement upon giving thirty (30)
days notice in writing of its intent to terminate, stating its reasons for doing so. In the event
Augusta terminates the Agreement, Augusta shall pay J & B Construction and Services, Inc.,
for documented committed eligible costs incurred prior to the date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, J & B Construction and
Services, Inc shall not be relieved of any duties or obligations imposed on it under ARTICLES
V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to NSP funds previously
disbursed or income derived therefrom.
ARTICLE IX. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
530 Green Street, Suite 801
Augusta, Georgia 30911
With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, Georgia 30901
J & B Construction and Services, Inc. will receive all notices at the address indicated below:
J & B Construction and Services, Inc,
3550 Gordon Highway
Grovetown, GA 30813
ARTICLE X. INDEMNIFICATION
J & B Construction and Services, Inc. will at all times hereafter indemnify and hold harmless Augusta,
its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any
kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or
damages of any kind resulting from injuries or damages sustained by any person or persons,
11
corporation or property, by virtue of the performance of this Agreement. By execution of this
agreement, J & B specifically consents to jurisdiction and venue in the Superior Court of Richmond
County, Georgia and waives any right to contest jurisdiction or venue in said Court.
Should it become necessary to determine the meaning or otherwise interpret any work, phrase or
provision of this Agreement, or should the terms of this Agreement in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors and assigns, all jointly and severally under the terms of this Agreement.
ARTICLE XI. INSURANCE AND BONDING
J & B Construction and Services, Inc. shall acquire adequate insurance coverage to protect all contract
assets from loss or damage resulting from theft, fraud or physical damage. All policies and amounts of
coverage shall be subject to approval by Augusta. Additionally, J & B Construction and Services, Inc.
shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least
$100,000.00 covering all personnel of J & B handling or charged with the responsibility for handling
funds and property pursuant to this contract. J &B shall procure and provide, for approval by the
Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring
the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and
Augusta's officers, agents, members, employees, and successors.
Additionally, J & B shall procure officers and directors liability insurance under policies to be
approved by the Augusta. All of the above policies shall provide that no act or omission of the
grantee, its agents, servants or employees shall invalidate any insurance coverage for other named
insured. No insurance policy providing insurance coverage required to be provided by J & B
Construction and Services, Inc. hereunder shall be cancelable without at least fifteen days advance
written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be
promptly submitted for approval by the Augusta.
ARTICLE XII. PRIOR AND FUTURE AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject matter of this
agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. Augusta is not obligated to provide funding of any kind to J & B Construction and Services,
Inc. beyond the term of this Agreement.
ARTICLE XIII. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to be
inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and
enforced as though it were included herein and if, through mistake or otherwise, any such provision is
not inserted or is not correctly inserted, then upon application of either party this Agreement shall
forthwith be amended to make such insertion.
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ARTICLE XIV. COUNTERPARTS
This agreement is executed in two (2) counterparts — each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST:
SEAL
ATTEST:
AUGUSTA. GEORGIA
(Augusta)
'r
David S. penhaver
As Its Mayor
'4� rederick Russell
A strato
Chester A. Wheeler, III
Director, AHCD
J & B CONSTRUCTION AND
SERVICES, INC.
(Grantee)
SEAL
As Its Corporate Secretary
(Plain Witness)
My
, 2012
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APPENDIX A
Statutes: '(Available on Request)
Section 2301(c)(2), Neighborhood Stabilization Program ( "NSP1 ")
OMB Circular A -110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations
OMB Circular A- 122 - Cost Principles for Non - Profit Organizations
OMB Circular A -133 - Audits of Institutions of Higher Education & other Non-Profit Institutions
40 USC 276 Davis -Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 — HUD Requirements for Notification, Evaluation and Reduction of Lead -Based Paint
Hazards in Housing Receiving Federal Assistance and Federally -Owned Residential Property being
sold, Final Rule
Augusta - Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
Reimbursement Form
14
APPENDIX B
REPORTING REQUIREMENTS
J & B Construction and Services, Inc. shall submit the following reports for the term of this
agreement.
Weekly Status Reports
Due by 10:00 a.m. Monday morning for the previous week. Report will contain
actual/estimated costs /date, issues and concerns. MS Project schedule will be
manually updated so that Asset Property Disposition (procured consultant for Laney
Walker/Bethlehem Revitalization Project) can input data to master schedule.
2. Monthly /Quarterly Progress & Financial Reports
Due the 15` of the new quarter.
Annual Progress Report (January 16, 20xx)
4. Audit/Financial Report
Grantee shall maintain files on each person assisted. Each file shall contain, but is not
restricted to, income data and verification for each person assisted; application for
services; record of services provided; amount of services provided; documentation of
costs for which assistance is provided; transportation log; documentation of medical
need regarding prescriptions; and any other document that will provide proof of
needed service(s) and subsequent provision of such service(s) as allowed under this
contract.
15
APPENDIX C
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. "Standard Building Code ", 2000 Edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
D. "National Electric Code ", latest edition, National Fire Protection Association, Quincy,
Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. "ADA Accessibility Guidelines for Buildings and Facilities ", Department of Justice,
American with Disabilities Act of 1990 ".
G. Williams- Steiger Occupational Safety and Health Act of 1970, Public Law 91 -596.
H. Part 1910 — Occupational Safety and Health Standards, Chapter XVH of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972).
I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code
of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972.
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f).
2. Bidding:
A. Only contractors included on the Augusta - Richmond County Housing & Community
Development Department Approved Contractor List may bid on construction projects
funded with NSP funds
B. All bids will be awarded to the lowest bidder submitting an accurate and qualified bid.
C. All bidding documents and procedures will be made available for AHCD review upon
request
3. Eligible Contractors: Any contractor desiring to bid on NSP or CDBG projects may apply for
inclusion on the AHCD Approved Contractor List. Applications will be processed and either
approved or disapproved within 10 working days. Under no circumstances will barred,
disapproved, or otherwise ineligible contractors be allowed to bid on NSP funded projects.
f[9
4. Project Review. All plans, specifications, work write -ups, projected cost estimates, punch lists or
other means of outlining work on a particular project will be submitted in writing to AHCD for
review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or
AHCD's agent will review these items for compliance with new construction and/or rehabilitation
standards and materials use.
Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical
Condition Standards for HUD Housing." Workmanship and material standards will comply with
the Augusta - Richmond County Housing & Community Development Department Contractors
Manual and Performance Standards. A copy of this manual is provided to every contractor when
included on the AHCD Approved Contractors List. A copy is enclosed for inclusion.
6. Inspections. All projects will be inspected and approved by an AHCD Construction and
Rehabilitation Inspector or AHCD's agent prior to release of the funds for that project.
17
EXHIBIT "A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
Augusta through the Housing and Community Development Department agrees to provide up
to $ 272,681.00 in Year 2010 NSP funds to J & B Construction and Services, Inc. These funds
will support new construction with the production of 1 affordable multi - family residential unit
in connection with the Florence Street Project. See attached construction plans.
2. AHCD must review and approve all residential design plans, project specifications and total
development cost for each residential development project before work is commenced and
before funds can be released for payment reimbursement. Construction payments will be
released to J & B Construction and Services, Inc. in accordance with the attached drawdown
schedule and budget.
3. AHCD will provide the lots on which all new affordable NSPs are to be built under this
agreement and in connection with the Florence Street Project.
4. With AHCD approval, J & B Construction and Services, Inc., may use NSP funds under this
agreement for the following purposes:
a. To support construction costs as outlined in Item 6 below.
Completion Delays, Remedies, and Penalties
A. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorize delays, AHCD may:
1. Terminate the contractor in accordance with the "Provisions for Augusta Housing and
Community Development Department (AHCD)" clause of this contract.
2. Assess liquidated damages of fifty dollars ($100.00) per working day from the
schedule of completion to the date of final acceptance of the project. The total
amount of liquidated damages will be deducted from the total contract price, plus any
change order amounts.
B. The Contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
To any acts of the Federal, State, or City /County Government; including
controls or restrictions upon or requisitioning of materials, equipment, tools or
labor by reason of war, National Defense, or any other National, State, or
City /County emergency.
2. To any acts of the Owner that hinder the progress of the work;
3. To causes not reasonable foreseeable by the parties to this contract at the time
of the execution of the contract which are beyond the control and without the
fault or negligence of the Contractor; including but not restricted to acts of
God; acts of the public enemy; acts of another contractor in the performance
of some other contract with the owner; fires; floods; epidemics; quarantine
IV
restrictions; strikes; freight embargoes; and weather of unusual severity such
as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and
4. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided, however, that the contractor
promptly (within 10 days) notifies AHCD in writing of the cause of the delay.
If the facts show the delay to be properly excusable under the terms of this
contract, AHCD shall extend the contract time by a period commensurate
with the period of authorized delay to the completion of the work as whole; in
the form of an amendment to this contact.
Construction Costs and Requirements
a. J & B Construction and Services, Inc. will provide construction services for the project to
ensure that construction work is being carried out in accordance with plans, specifications
and the project budget.
b. J & B Construction and Services, Inc. must make sure it obtains and posts all permits on
job site. Prior to releasing final payment on each house, J & B Construction and Services,
Inc., must also secure a Certificate of Occupancy that has been issued by the Department of
Licenses and Inspection.
c. J & B Construction and Services, Inc. must collect progress and final lien releases from the
subcontractors and material suppliers to ensure proper payment.
d. AHCD or its agent may continually inspect each house for contract compliance and to
determine the percent of completion prior to processing a draw request and releasing
payment. AHCD may choose not to release payments if the work being performed is not
of acceptable quality to AHCD and if the house is not being built or rehabilitated in
accordance with plans and specifications, or if project is not on schedule.
EXHIBIT "C"
PROJECT SCHEDULE OF COMPLETION
J & B CONSTRUCTION AND SERVICES, INC. MUST PROVIDE A COMPLETED SCHEDULE
OF COMPLETION AS EXHIBIT C - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10
TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED
IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE
IS PROVIDED BELOW.
T
EXHIBIT "D"
FINANCING LETTER
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HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT
Chester A. Wheeler, III
Director
PROJECT:
Florence Street Project — One (1) Duplex Housing Unit
(Neighborhood Stabilization Program)
TO:
Gentlemen:
1. The undersigned, having familiarized (himself) (themselves) with the local conditions
affecting the cost of the work, and with the Specifications (including Invitation for Bids,
Instructions to Bidders, and this Bid), as prepared by the Neighborhood Stabilization
Program (NSP) Inspector and on file in the office of the Augusta Richmond County Housing
and Community Development Department (AHCDD), hereby proposes to furnish all labor,
materials, equipment and services required to construct and complete the site improvements,
utilities, landscaping and buildings as shown on the drawings and as set forth in the
Technical Specifications, all in accordance therewith for the sum of :$ 272, 681.00
Plan #1:
Two hundred Seventy Two Thousand, Sig Hundred Ei g ht l5ollars ($ 272, 681.00
One o ars (Use Words)
2. In submitting this bid, it is understood that the right is reserved by Owner to reject any and
all bids. If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to
the undersigned within thirty (30) days after the opening thereof, or at any time thereafter
before this bid is withdrawn, the undersigned agrees to execute and deliver a contract in the
prescribed form and furnish the required bond within ten (10) days after the contract is
presented to him for signature.
RECEIVED JUN 18 2010
Cf /;5'a -ky `
Augusta Housing & Community Development Department
925 Laney- Walker Boulevard, 2 °d Floor - Augusta, Georgia 30901
(706) 821 -1797 — Fax (706) 821 -1784 — TDD (706) 821 -1783
www.augustaga.gov
Q)
90-ai u—,W,
FORM OF BID
Florence Street Project
Page 2
HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT
Chester A. Wheeler, III
Director
3. Upon receiving the written NOTICE TO PROCEED, the undersigned, the Owner and the
Architect, shall prepare a definite Phasing Schedule and Material Specification Listing (to
include model numbers, brand names, etc.). The building(s) to be included as well as the
work to be performed shall be shown on the Schedule. The. undersigned agrees to commence
actual physical work on the site with adequate force and equipment within seven (7)
consecutive calendar days of the date of written NOTICE TO PROCEED. The undersigned
agrees to complete the Project in its entirety within 180 consecutive calendar days.
NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.
18 June 20 10
(Date)
Official Address of Bidder:
�Grovetown. Georgia 30813Georgia 30813
License Number GC00000097
JAB Construction And Services Inc.
(Na e der)
By: 9�n�u -
't itle: BTesident
Augusta Housing & Community Development Department
925 Laney- Walker Boulevard, 2 nd Floor - Augusta, Georgia 30901
(706) 821 -1797 - Fax (706) 821 -1784 - TDD (706) 821 -1783 12t
RECEIVED JUN 18 2010 www.augustaga.gov �MTUNITY
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