HomeMy WebLinkAboutBLOUNT'S COMPLETE HOME SERVICES $35,405.85 NEIGHBORHOOD STABILATION PROGRAM 1 ADB GRANT PROGRAM T �
CONTRACT
between
AUGUSTA, GEORGIA
And
Blount's Complete Home Services
in the amount of
$35,405.85
Thirty-Five Thousand Four Hundred and Five Dollars & 85/100
for Fiscal Year 2011
Providing funding for
NEIGHBORHOOD STABILATION PROGRAM I
&
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
"1909 Driftwood Drive Augusta, GA 30909 Construction Services-Rehabilitation"
THIS AGREEMENT ("Contract"), is made and entered into as of the 1=_� d� of April 2011 ("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 Floor, Augusta, Georgia 30901, as party of the first part, hereinafter called
"Augusta or AHCD", and Blount's Complete Home Services, a general contractor, organized pursuant
to the Laws of the State of Georgia, hereinafter called 'Blount's" as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called H[JD) as a Neighborhood Stabilization Program Participating Jurisdiction, and has
received Neighborhood Stabilization (hereinafter called NSP or the NSP Program) funds from H[7D
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
WI3EREAS, 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 2011 Annual Action Plan; and
WHEREAS, Augusta wishes to enter into a contractual agreement with Blount's Complete Home
Services 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 IlI of Division B of the Housing and Economic
Recovery Act, 2008(HERA).
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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, Blount's Complete Home Services 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, Blount's Complete Home Services has agreed to provide services funded through this
contract free from political activities, religious influences or requirements; and
WHEREAS, Blount's Complete Home Services has requested and Augusta has approved a total of
$35,405.85 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: Blount's Complete Home Services agrees to utilize approved NSP funds to
support project related costs associated with the 1909 Driftwood Drive project. This project is a single-
family affordable housing effort which involves rehabilitation of a single-family housing unit along
the Driftwood Drive. Under this agreement:
The CONTRACTOR shall do all the work and provide all the materials, tools, machinery,
supervision, etc., necessary for the rehabilitation of the property located at 1909 Driftwood
Drive Augusta, GA 30909, all in accordance with the Wark Write-Up which was submitted to
provide cost estimate on March 23, 2011 hereto and expressly incorporated herein by reference
and made a part hereo£
B. Use of Funds: NSP funds shall be used by Blount's Complete Home Services for the purposes
and objectives stated in Article I, Scope of Services, and E�iibit "A" of this Agreement. The
use of NSP funds for any other purpose(s) is not permitted. The following suminarizes the
proposed uses of NSP Program funds under this Agreement:
1. Construction
An amount not to exceed $35,405.85 shall be expended by Blount's Complete Home Services
from NSP Program funds for rehabilitation costs related to the development of an affordable
single-family housing unit as part of the D�-iftwood Drive Project. Funds will be used to assist
with the cost of all rehabilitation related fees.
The addresses for this project
(a) 1909 Driftwood Drive Augusta, GA 30909
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Blount's Complete Home Services will not be required to leverage funding through a
construction loan as this contract is for construction services only.
Z. Developer's Fee
Not applicable.
3. Construction Interest
Not applicable.
C. Pro�ram Location and Specific Goals to be Achieved
Blount's Complete I�ome Services shall conduct construction related activities and services in
its project area (also known as Valley Park Estates) incorporated within the following
boundaries: Graymont Drive on the West; Driftwood Drive on the East; Valley Spring Road
on the South; and Bramblewood Drive on the North and its designated geographic boundaries
approved by AHCD.
D. Project Eli�ibilitv Determination
It has been determined that the use of NSP funds by the Blount's Complete Home Services
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, Blount's Complete
Home Services 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 E�ibit A of this contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
Blount's Complete Home Services 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. Blount's Complete Home Services will carry out and
oversee the ixnplementation of project to be funded with NSP funds. Blount's Complete Home
Services 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,
Blount's Complete Home Services, 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:
1. Augusta agrees to pay Blount's Complete Home Services, a maximum of $ 35,405.85 under
this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services,
subject to Blount's Complete Home Services 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. For invoicing, Blount's Complete
Home Services will include documentation showing proof of payment in the form of a
cancelled check or check register and completed reimbursement form that includes amount
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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 Blount's Complete Home Services'
performance on a weekly basis with regards to the production of housing unit and the overall
effectiveness ofproject.
4. Upon the termination of this agreement, any unused or residual funds remaining shall revert to
Augusta Housing and Community Development and shall be due and payable on such date of
the termination and shall be paid no later than thirty (30) days thereafter.
5. 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 Financin�
The Augusta Housing and Community Development Department (AHCD) will provide one
hundred percent (100°/o) 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
1. Blount's Complete Home Services shall obligate the designated NSP funds within seventy-
five (75) days of the date of execution of this Agreement. Based on the budget outlined in D.2
below, Blount's Complete Home Services will provide a detailed outline of projected
expenditures. This document will become an official part of the contractual agreement and
provide the basis for overall project performance measurements.
D. Proiect Budget: Limitations
1. Blount's Complete Home Services shall be paid a total consideration of no more than
$35,405.85 for full performance of the services specified under this Agreement. Any cost
above this amount shall be the sole responsibility of the Blount's Complete Home Services. It
is also understood by both parties to this contract that the funding provided under this contract
for this specific proj ect shall be the only funds provided by Aub sta — unless otherwise agreed
to by Augusta and Blount's Complete Home Services.
2. Blount's Complete Home Services shall adhere to the following budget in the performance of
this contract.
A. Proiect Activitv Cost $35,155.85
Construction Permits 250.00
Construction Contingency N/A
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TOTAL NSP/CDBG PROJECT COST: $35,405.85
ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)j
1. 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 [24 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 Blount's Complete Home Services (whichever date is later) and shall end at the completion of all
program activities, within the time specified in Article C.l., or in accordance with ARTICLE VIII:
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 Blount's Complete Home Services or any subcontractor hereunder. All payments to the
Blount's Complete Home Services by Augusta will be made on a reimbursement basis.
B. Blount's Complete Home Services shall maintain a separate accounting process for NSP funding
sources.
C. Blount's Complete Home Services shall not use these funds for any purpose other than the
purpose set forth in this Agreement.
D. Subj ect to Blount's Complete Home Services compliance with the provisions of this Ab eement,
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 Blount's Complete Home Services 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 AHCD,
copies of invoices, receipts, other evidence of indebtedness, budget itemization and description
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of specific activities undertaken. Invoices shall not be honored if received by Aub sta later than
sixty (60) calendar days after expiration date of this Agreement.
G. Blount's Complete Home Services shall maintain an adequate fmancial 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
Blount's Complete Home Services.
ARTICLE VI. ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
Blount's Complete Home Services 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 Blount's Complete Home Services. 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 fmancial interest or benefit from the activities, or have a
fmancial 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 Reb lations, 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. Blount's
Complete Home Services in the persons of Directors, Officers, Employees, Staff, Volunteers
and Associates such as Contractars, 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 perfornled hereunder by Blount's Complete Home Services. In such
instances, Blount's Complete Home Services shall consult with AHCD 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 Blount's Complete Home Services.
C. Statutes, regulations, b idelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE VII. OTHER REQUIREMENTS
A. Fair Housing
Blount's Complete Home Services 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.
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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 Blount's Complete Home Services'
publications and/or advertisements. (24 CFR 570.601).
B. Ownership Interest
Not Applicable.
C. Non-Discrimination
Blount's Complete Home Services 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
1. General: Blount's Complete Home Services 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, Blount's Complete Home Services 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 dete�xnined 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
Blount's Complete Home Services agrees that in accordance with the National Environmental
Policy Act of 1969 and 24 CFR Part 58, it will cooperate with AugustaJHCD in complying
with the Act and regulations, and that no activities will be undertaken until notified by
Augusta that the activity is in compliance with the Act and regulations. Prior 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 Prob am 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.
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G. Displacement and Relocation
Blount's Complete Home Services 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 Emplo�ent
Blount's Complete Home Services 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. Blount's
Complete Home Services 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.
L Emplovment and Business Opportunities
Blount's Complete Home Services ab ees that low and moderate income persons residing
within Augusta-Richmond County; and that contracts far 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).
J. Lead-Based Paint
In accordance with Section 92.355 of the NSP Regulations and Section 570.608 of the CDBG
Regulations, Blount's Complete Home Services 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 Su�ended or Ineligible Contractor
Blount's Complete Home Services 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
debaned, suspended or ineligible contractor has been approved and reinstated by AHCD.
L. Druq Free Workplace
In accordance with 24 CFR part 24, subpart F, Blount's Complete Home Services agrees to
admuuster 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 Blount's Complete Home Services for the project funded pursuant
to this Agreement, during the term of this Agreement or for one year thereafter, will make
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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. Timelv E�enditure of Funds
In accordance with 24 CFR 85.43, if Blount's Complete Home Services 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 VIII.
For purposes of this Agreement, timely expenditure of funds means Blount's Complete Home
Services shall obligate and expend its funds as designated under ARTICLE II. (C).
O. Compliance with Laws and Permits
Blount's Complete Home Services 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. Blount's
Complete Home Services agrees to obtain all necessary permits for intended improvements or
activities.
P. Assi�nment of Contract
Blount's Complete Home Services shall not assign any interest in this contract or transfer any
interest in the same without the prior written approval of Augusta.
Q. Equal Emplovment Opportunity
Blount's Complete Home Services 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 putposes of the emergency
shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping
accommodations.
R. Statement of Non-Discrimination
Blount's Complete Home Services will not discriminate against any employee or applicant far �
employment because of race, color, religion, sex, national origin, or familial status. Blount's � ''
Complete Home Services will take appropriate 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 Blount's Complete Home Services 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. Blount's Complete Home
Services 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 statement
of non-discrimination. Blount's Complete Home Services agrees to make efforts to encourage
the use of all qualified small business enterprises in connection with NSP supported activities.
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S. Religious Influence
Blount's Complete Home Services 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. Blount's Complete Home Services will not discriminate against any person applying
for shelter on the basis of religion. Blount's Complete Home Services 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 Blount's Complete Home Services 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 Blount's Complete Home
Services with funds provided under this contract.
V. Construction Requirements - SEE APPENDIX C
All housing units newly constructed with NSP Program funds must, befare 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 HCTD 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 VIIL SUSPENSION AND TERMINATION
A. In the event Blount's Complete Home Services 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 Blount's Complete Home Services cures any breach of the agreement. If Blount's
Complete Home Services fails to cure the breach, Augusta may suspend or terminate the
current award of NSP funds for Blount's Complete Home Services.
B. Notwithstanding the above, Blount's Complete Home Services 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
payxnents to Blount's Complete Home Services for the purposes of set off until such time as
the exact amount .of damages is deterinined.
C. In the best interest of the program and to better serve the people in the �arget 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 Blount's Complete Home Services, for
documented committed eligible costs incurred priar to the date of notice of termination.
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D. Notwithstanding any termination or suspension of this Ab eement, Blount's Complete Home
Services shall not be relieved of any duties or obligations imposed on it under ARTICLES V,
VI, VII, VIII, IX, XI, and XII of this ab eement 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 sha11 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., 2 °d Floor
Augusta, Georgia 30901
Blount's Complete Home Services will receive all notices at the address indicated below:
Blount's Complete Home Services,
2907 Tobacco Road
Suite C
Hephzibah, GA 30815
ARTICLE X.INDEMNIFICATION
Blount's Complete Home Services 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,
corporation or property, by virtue of the performance of this Agreement. By execution of this
agreement, Blount's Complete Home Services 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 deternune the meaning or otherwise interpret any work, phrase or
provision of this Ab eement, 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.
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ARTICLE XI. INSUR.ANCE AND SONDING
Blount's Complete Home Services 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, Blount's Complete Home Services
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 Blount's Complete Home Services handling or charged with the
responsibility for handling funds and property pursuant to this contract. Blount's Complete Home
Services shall procure and provide, for approval by the Augusta, comprehensive general liability
insurance in the amount of at least $100,000.00 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, Blount's Complete Home Services 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
Blount's Complete Home Services 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 AGREEMENT5
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. Accardingly, 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 Blount's Complete Home Services
beyond the term of this Agreement.
ARTICLE XIIL 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.
ARTICLE XIV. COLTNTERPARTS
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:
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ATTEST: AUGUSTA, GEORGIA
(Augusta)
SEAL : �
By: , - �--�s� ��°��
�J�� avid S. Copenhaver
�� �`r As ts Mayor
Lena Bo r ����� �
Clerk of G4 f
' �� � �� ederick Russell
; "������' _� e ,�'�� + Adm� � at �
` � � �/
� ' � ��� � �� �
f � � ��''�'" •�
�� € � � : �_ ; a � Chester A. Wheeler, III
� y �� ��=�`�-� ��� � �� Director, AHCD
r -�.
� ��.
A �E��' ?n��s �� � �
�`�= o��°���s�oa��°3 �
������ �a�s���'�����
BLOUNT'S COMPLETE HOME
SERVICES
• (Grantee)
SEAL `
By:
As Its Corporate Secretary
(Plain Witness)
13
APPENDIX A
Statutes: (Available on Request)
Section 2301(c)(2), Neighborhood Stabilization Program ("NSPl")
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 — HIJD 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:
Contractor's Work Write-Up (Exhibit B)
14
APPENDIX B
REPORTING REQUIREMENTS
Blount's Complete Home Services shall submit the following reports for the term of this agreement.
1. Weekly Drawdown Request
Due by 12:00 noon on Tuesdays for the previous week. Report will contain actual
costs to date for all work having been inspected and approved for payment as part of
this Agreement and any issues, hereby described as change orders, which have been
approved for payment. Project costs and schedule will be manually updated to reflect
on master schedule.
2. Monthly/Quarterly Progress & Financial Reports
N/A
3. Annual Progress Report (January 16, 20�)
4. Audit/Financial Report
5. 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 inedical
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 REQUIltEMENTS
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, Intemational, 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 XVII 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 proj ects
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 circuxnstances will barred,
disapproved, or otherwise ineligible contractors be allowed to bid on NSP funded projects.
16
�
4. Project Review. All plans, specifications, work write-ups, projected cost estunates, 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.
5. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical
Condition Standards for HCTD Housing." Workmanship and material standards will comply with
the Augusta-Richxnond 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
1. Augusta through the Housing and Community Development Department agrees to provide up
to $35,405.85 in Year 2011 NSP funds to Blount's Complete Home Services. These funds will
support rehabilitation of one affordable single-family residential unit in connection with the
Driftwood Drive Project. See attached Contractor's Work Write-up (Exhibit B).
2. AHCD must review and approve all residential design plans, project specifications and total
development cost for each residential development project before work is coxnmenced and
before funds can be released for payment reimbursement. Construction payments will be
released to Blount's Complete Home Services in accordance with the attached budget.
3. AHCD will provide the lot on which all new affordable homes are to be built under this
agreement and in connection with the Driftwood Drive PYOject.
4. With AHCD approval, Blount's Complete Home Services, may use NSP funds under this
agreement for the following purposes:
a. To support construction costs as outlined in Item 6 below.
5. 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:
l. 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
18
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restrictions; strikes; freight embargoes; and weather of unusual severity such
as hurricanes, tomadoes, 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 tixne 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.
6. Construction Costs and Requirements
a. Blount's Complete Home Services will provide construction services for the project to
ensure that construction work is being carried out in accordance with plans, specifications
and the proj ect budget.
b. Blount's Complete Home Services must make sure it obtains and posts all permits on job
site. Prior to releasing final payment on each house, Blount's Complete Home Services,
must also secure a Certificate of Occupancy that has been issued by the Department of
Licenses and Inspection.
c. Blount's Complete Home Services must collect progress and final lien releases from the
subcontractors and material suppliers to ensure proper payment.
d. AHCD ar 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
BLOUNT'S COMPLETE HOME SERVICES 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 AHCD TO MONTTOR AND ASSESS PROGRESS IN
CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT.
19
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Office OfThe Administrator
�.��
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G��. ,",� b��= r � T-rederick L Russell, Administrator Room 801 - Municipal Suitding
"�'� 530 Greene Street - AUGUSTA, GA. 30901
7ameka Atlen, lnterirn Depuiy Administrator (706} 821-2404 - FAX {706) 821-2819
Robert l..everett, lnterim DepuTy Adininistrator www.augustaga.gov
luly 2a, 2010
Mr. Chester Wheeler
Director— Housing & Cbmmunity Development
925 Laney Waiker Blvd.
Augusta, GA 30401
Dear Chesterr
The Augusta-Richmond Caunty Commissian, at their regular meeting held on Tuesday, July 2Q, 2010, taok actior�
on the foflowing items.
39. Receive as information amending the 2010 Acti6n Plan Due to a change in the 2010 allocations for the
Community Development Block Grant �CDBG}, Eme�gency Shelter 6rant {ES6), HOME lnvestment
Partnerships (HOME) and Housing Opportur�ities for Persons with AIDS (HOPWA) Program; .
44. Au#horized the execution of contracts relative to all Neighbort�ood Stabilization Program (NSP) Projects.
If you have any questions please contact me.
Yours truty,
L
rederick L. Russell
Adminisirator
07-ZO-10: #39, #44