HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA GA AND J & B CONSTRUCTION AND SERVICES $79,331.25 FOR YR 2011 PINE STREET REVITALIZATION 1237 SINGLE FAMILY + � � ' . ,
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�4n�
� � � ���?��'��1�'�a�i� ��� ���`���s� �1��,
�n th� amount of
�79,331.25
Seve�n$y-l�i�� 'I'Iln�aasa�d �'�n�e� �aa�da��d Thg�-�fla¢ Doll�rs a�c 25/100
For Fiscal Year 2011
Providing Funding From
I,�E�' W��1Z �Ol� �'I1��ICING
"d'ine S'�a�eet l�e�itadazcation —1237.4a�agle Fea�aily"
J
'�"�S AG��I�1�'°' ("ContYact"), is made and entered into as of the _�� �.ay of���,��''
2011 ("the effective date") by and between Augusta, Georgia, acting through the Housing and
Community I�evelopment Department (hereinafter referred to as "AHCDD") — with principal
offices at 925 Laney �A�alker Blvd., 2" Floor, Augusta, Georgia 30901, as party of the first part
(hereinafter called "Augusta"), 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, and Asset Property Disposition, as agent authorized to administer and monitor project
(hereinafter called "APD") as party in the third part.
WITl�SSETH
k��S, ��gusta is qualified by the U.S. Department of Housing ��d Urban Development
(hereafter called HUD) as a Participating Jurisdiction, and Augusta has received Laney Walker
Bond Financing far the purpose of providing and retaining affordable housing for eligible
families, and
W��AS, Augusta wishes to increase homeownership opportunities and preserve arid
increase the supply of affordabie housing ior eligible families; and
W�E��S, Augusta wishes to enter into a contractual ab eement with J&B for the
adaninistration of the I.,aney �al��er bond Financing e�igible affordable housing development
activities; and
�;��gAasta Hous�ng and C3m:rt�nity �evelQ�me�t �Je�art�r:ert Dage �-
1 �
� � � i
e � ♦ •
�����5, this acti��ity has �een determine� to be ar� eligible activity accorc�ing �0 24 CF�Z
92.504(c)(13 j, and �Nill rn�ei one er rriore of the natio�a� ob�ectives ard criteria oullined in Title
24 Code of �'e�eral Reg�xlati�ns, �aa � 92 of tl�e �ousing a��d LTr?��� I�ev��op�ne� ��e�ula�ions.
���5, J�i � has b�en selected anc� approved �hro�gh a solicitation process for
development �artners to assist in the redevelopment of Laney Walk�r/�eth1_ehem commtanities.
�E�AS; J� B has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
�AS, J� B has requested and Augusta has approved a total of $79,331.25 in loan/grant
funds to perform eligible activities as described in Article I below;
IeTOW, �'��F��, the parties of this agreement for the consideration set forth below, do
here and now agree to the followina terins and conditions: -�
�T'ICI.,E I. SCOPE OF SEI��CES
A. Sco�e of Sea�vgc�s
a. Proaect I)esc�i�tao�a
3�i B agrees to utilize approved funds to support project related costs associated with
the Pine Street Revitalization Project -1237 Single Family. This project is the
construction of a affordable housing effort which involves development and
construction of a new single family unit within the Heritage Pine Community. Under
this agreement:
" i. Perform new construction ser°vices for a single family unit.
ii. Perform all required and requested marketing and advertising activities;
in accordance with "Fair Housing" regulations
iii. All projects are to posses the following conzponents:
1. Evidence of additional financing resources "Leveraging"
2. Evidence of Site Control
3. At the time of sales, evidence that a qualified homebuyer has been
identified, received and completed a comprehensive home buying
education course(s) and pre-purchase housing counseling program;
prior to the completion of the assigned home.
Augusta Nousing �nd C�mm�:nity Devel��mert De�artrr.er.t � Page 2
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�. �1�� ��' � ���s
�aney �7V�lker �ond �'izaancing funds shail be used by J�: � for the pu�pdses and
objectives stated in Article I, Seope of Services, and Exhibit "1�" of this Agreement. The
use of Laney Wallc�r �on� Finarbcing �unds for any other purpose(s) is ndt pe�i�t�d. �he
following surnmar?zes the proposed uses of fun.ds �nder this agreement:
a. Construe�on Loan
An amount not to exceed $44,068.99 in a loan shall be expended by J& B from year
2011 Laney Walker Bond Financing funds for construction costs related to the
development of an affordable single family unit in the Heritage Pine Community. The
design and specifications must be approved by AHCDD prior to construction (Exhibit A).
Funds will be used to assist with the cost of all construction related fees. This unit will be
constructed by J�i B and sold to eligible homebuyers.
The address for this project is:
i. 1237 Pine Street, AuQusta , Geor�ia 30901
J�� may request a change of address through written request.
,j � T� will t�rQvi�l� 75% nf th� ��ngt,�,�rt;�;� �r,�g� ; 21 �JiiS uCtivii ivaii. i 11G LOLZl
construction cost is estimated to be approximately $176,275.97.
Initial:�i�
b. Prof t and Overhead
An amount not to exceed $31,729.68 in a grant shall be expended to J& B in support of
� the project development fees. Profit and overhead is calculated at 18% of total — ;�
construction cost of $176,275.97.
C. Pa-o�ra�a I,�cation and S�eci�c Goals to be Aehieved
J& B shall conduct project development activities and related services in its project area
(also known as the Heritage Pine Community) that incorporates the following
boundaries: James Brown Blvd. on the West; 12�' Street on the East; Wrightsboro I�oad
on the South; and Laney Walker Blvd on the North and its designated geographic
boundaries approved 'by AHCDl7.
�. �F'�pE',C� ��fl�H�'DIl���1 ��g��'fl�&EE��i$Il�Yd
�t�gus�2 uousing �r_d Cc?�nmunity Deve�o�rner.t DeFartment Page 3
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. ?t has beP:� deterr.�ir_ed th�.t the �.zse af La.ney �J+Jallcer Bond �i�ancing fi�.nds b� J�� v�✓ill
be in corn�liance with 24 CFI� Part 92. Notwithsta��c�ing any other provisio�s of tr�is
centract, .� �� sh�ll pr�vide act�vities a.�d seivices as des�ribec� ir� t�e descri�tion af the
�raject, incluaing use �f iur.ds, its goals and o�jectives, �asics t� i�e perforrned and a
Ce��a,l�£;Ci S�:,a1�C�i,ile, iGT CGX12p3�e,ilil� �i tc`iSi�� il�ia �liS �✓i�ij�Ci aS j7i0 JiCi2C� lil �i�t�'11�01� L� Oi `Li1iS
Ca�i3�T2�i.
f��IC.LE I�. �I.TI��aE�' E�D TH�I� O�+ PE�YI�ENT'
J�i B will be c�mpensated in accordance with this Article II, Budget and Method of Payment,
that specifically identifies the use of Laney Walker Bond Financing funds and any other project
funding as represented in Article II. C. 2 of this Agreement. J& B will carry out this project with
implementation oversight provided by APD. J& B agrees to perform the required services under
the general coordination of AHCI�D. In addition and upon approval by Augusta, J& B may
engage the services of outside professional services, consultants, and contractors to help carry
out the program and project.
A. Fuaads
Augusta shall designate and make Laney Walker Bond Financing funds available in
the f�llo�+na m?ngeT:
a. Augusta agrees to pay J�i B a maximum of $79,331.25 under this agreement
for project expenses incurred as outlined in ARTICLE I, Scope of Services,
subj ect to J�Z B compliance with all terms and conditions of this agreement
and the procedures for documenting expenses and activities as set forth in
ARTICLE V. __
b. The method of payment shall be made utilizing the AIA Certificate of
Payment Form which can found in Appendix B. In the event, J& B is
requesting reimbursement of a cost that is not a part of the contract, proof of
payment must be provided before payment can be made.
c. APD will monitar the progress of the project and J& B performance on a
weekly basis with regards to the production and overall effectiveness of the
project.
- Aug�sta Housing �nd �emm��nity Leve��pment De�arfinent Page 4 -
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�. iJpon the termination of this �.greement, any �anused or resi�ua� �ds�
rem�zning shail revert to � ug�asta and shall be �ue_ and �aya�le o� such date cf
the term�natror. a:�� shali �e paid no late: th�.n tr.i��'iy (3�} days t'r�ereafter.
e. F��ds rnay n�t t�e t�ansieized i�orr� lir�e i�et� �� l�ne i��r�n in t��e project budge�
=,�ithout pr��r wri�ten appr�val �f Augusta tnru A��I7�.
f. The use of ��c�s des�ribv� I this agr�ement is su�ject to the iurit�ten a�proval
of the U. S. Department of Housing and Urban Bevelopment.
g. This Agreement is based upon the availability of Laney Wallcer �ond
Financing funds.
h. J�i B will make reasonable efforts to secure additional funding sources using
the $79,331.25 in Laney Walker Bond Financing funds awarded under this
agreement as leverage to support the "Pine Street Revitalization Project- 1237
Single Family". A copy of this letter will be attached_in Appendix C.
r----
Initial:�„�J�
�. P�'OA�C� F'lY1�dIlCid1�
AHCDD will fund no more than twenty-five percent (25%) of the total construction
costs of a single project, and seeks to provide J� B with the necessary Laney Walker
�ond Financing Agreement upon receipt of J&�'s fmancial commitment letter for
75% of the total cost of construction from a reputable financial institution.
Additionally, a portion of this funding ($44,068.99 as a 5% non-amortizing loan) is
being committed specifically for construction related costs (permits, footings,
foundation, e�c.). The other portion can be used for other project relat�d costs as
describeabelow:
a. J& B's construction interest will be subsidized by AHCDD via its fund.ing
allocation at a rate not to exceed 5% for 12 months or when house sells or
whichever occurs first.
b. J& B developer's gap will be subsidized by AHCDD.
c. J� B funding can be used to cover project related soft costs
(architecturaUengineering fees, other related professional fees, affirmative
mariceting and iair nousing services, and other soft costs as deemed eligible)
Augusta Hous;ng a�?d Co�nmun?t B2velopflnert �Jepa:trr�ent Page-5 .
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�. P?I fi:n�ir�g �s bei�:b �rovi�ed at a J% r?��-arr�d�tizir�� lcun to �e re�aid o�c�
the r.ouse sales.
Initial: �
C, '�'a����bA� ���- C'�ffin��e���m �� ��-�A��� A����Il�ne�
J& B shall obl?gate the designated Laney �Ialker Bond Financing funds by
December 20I 1. Based on the budget outlined in C.2 below, J& B will provide a
detailed outline of critical project milestones and projected expenditures during the
course of the development project as Exlubit B. These documents will become an
official part of the contracival agreement and provide the basis for overall project
performance measurements.
a. Liquidated Damages
i. J& B shall coinplete this project no later than 120 Days fi^om the
e date of this Agree�nent "Januczry , 2012" unless
otherwise approved by Di�ectoY of AHCDD. The penalty for non-
completion is $200 a day for every day over the stated deadline.
Initial:
D. Pr�i�ct �ud��t: I,i�Ilta�io�s
J�i B shall be paid a total consideration of $79,331.25 for fu11 performance of the
services specified under this Agreement. Any cost above this amount shall be the sole
responsibility of J� B. 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 9.ugu'sfa and J& B.
J& B shall adhere to the following budget in the performance of this contract:
Construction Loan $44,068.99
Permits $ 81 b. 00
Profit and Overhead $31,729.68
Interest Payments $2716.58
'Y'���� P��,�ee� A��av�� C�sg $79,33b.25
� ����^'
Initial.����
P�gust� No�si�g and Comanunity L�evelo�ment De�G� Page 6
< � � • . �
A�'����,� g��a ��A��/�C��'T�T� ���gS��l�T� [�� C�'fl� �2e25���)�
Tre �esale/?�e�a�ture Frcvis����s ir� this A��:c�e I�I shail ensu�� corr��liance with t��e I-i�ME
Paegra� "Pe:iod �i Aiforda'�i�ity" r���ire�n�r.ts pursuani to 24' �rR �2.254(a)(4). 24 �i�I�
92.25� r;.��ireu tl�at tl�e �rty, i�s su'�r�eipie�lts, �ad LI- T��s fvllo �J c�rtain resale/recapture
ieS�iiv�iOT'iS Wlt Tzga.iti �i,G iiS �10iT3e�9��ei' pT��'ari3. �aC�'i }�3 ro�erty sald t� a hor�ebuyer wi �l
remain afforda.ble for the duration of the affardability period or the City will use the recapture
option.
If the eligible homebuyer (who received down payment assistance [HOME Program) or other
development subsidy funds from Augusta) sslls their property, then AHCI�D shall capture the
HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other
affordable housing in Augusta for low and moderate-incor�e persons. This shall be accomplished _
through deed restrictions, property liens, a.nd contractual obligations, as described in Article I.B !'
of this Agreement.
�'I'ICLE IV. TE� O� COlV'TRACT
The term of this Agreement shall commence on the date when this agreement is executed by
Augusta and J�i �(whichever date is later) and shall end at the completion of all program
activities, within the time specified in Article I. D, ar in accordance with Article VII: Suspension
and �ermination.
ARTICLE V: DOCIJlO�EleI'TAT'ION AND I'AYl!'d�NT
_ ` A. This is a pay-for-perfo�nance contract and in no rvent shall Augusta provide advance __
funding to J� B, or any subcontractor hereunder. All payments to J& B by Augusta will
be made on a reimbursement basis.
B. J& B shall maintain a separate account and accounting process for Laney Walker Bond
Financing funding sources
C. J& B shall not use these funds for any purpose other than the purpose set forth in this
Agreement
i�, �ubject to J&�s's compiiance witn the provisions of tnis Agreement, Augusta agrees to
r�i�Ynb�:se aIl �udaete� c�sts allowable ��er federal, state, ar� lccal buidelines.
- :g ��d Com:r.�anity �evelo�:�ae�z De�a? _ Page 7
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E. �4:1 �urc�ases cf ca�ital e�;zir��ent, godds �nd services shall ccrnply v��th the
�rccure�rzer�t procvdures �i �MB �ircular A-110 "Un�iorri Adninistrative Requireflne�ids
Tcr ��ar_� �� �e?�er��s vai�I� I�?s���u�ians �s I�i�:�er E��a�atia�z, �os;�itals ar�c� oLheY I�Ton-
�rofit �rganiza�ions" as vael'1 �s the procurement policy of Augusta.
�. Reques�s by 3�� io°r payme��t s�1d11 be accompan3ed by proper docurr�en�a.iior� and shall
ee submittea to Ai-��C�D, transmitted'�y a cover memo, for approval no iater than �heir
(30) calendar days after the last date covered by the request. For purposes of this section,
praper 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 sha11 not be honored if received by
�ICI.�D later than sixty (60) calendar days after expiration date of Agreement. The
reimbursement request form is in Appendix B.
s - G. J& B sha11 maintain an adequate financial sy��em and internal fiscal controls --.
H. The homebuyer subsidy will be determined after the amount of the buyer's permanent
mortgage has been determined.
I. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may
consider the reallocation of unexpended funds to eligible projects proposed by J� B
Construction
,��-
Initial. S
�'I'ICLE �. �lYIIl�IS'TRAT'I� REQ��l�NTS
J& B agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36,
i � 570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate. ___
This conflict of interest provisions applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of J& B. No person described above who
exercises, may exercise or has exercised any functions or responsibilities with responsibilities
with respect to the HOME 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 whom they ha�e business or family ties, during their tenure or for one year thereafter.
Far the pur�ose of this provision, "far�'sly ties", as defined in the above cited volume and
Augusta Hous�-lg ��� �o��nunity Develapmer�t De�artm�ert �age 8
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prov;s�ons �f t�e Co�e of rP�era� Regul�ti�r!s, in�I2,dP those rel�t�d as Spouse, ��ather, i�%��ther,
�ather-in-la4�a,1l�ei.her-in-ia��, Step-parent, C�ildrei�, Step-childrera, �rother, Sister, Brother-in-
�av�, �ist�r-irr-la;%�, �rar�u'�a.rent, �r� �f Lhe indi�id�aa.l �olding any in��:est ir. tr.e
subjec� �a�ter �i t�ais 1-��eement. J P� � in the persons of I�irectogs, �i�ice:s, �mployees, �taf�,
�O�s7:�i3�2�T'S c713�. c�Sj�Cdc`i�i.°.8 SLlC11 2S f ,vl"iti2.C�flT'S� vur aiid �i�iiSlait2u'3tS Si'a`c`zi� Si�Tl �'1C�
subiniL a�onilict oi Interest � Fiidavit. (Affi�avit f�� a�taehzd as �a.�� ir� p��el to t'nis
Agreement)
Augusta may, from time to time, request changes to the scope of this agreement and obligations
to be performed hereunder by J� B. In such instances, J�� shall consult with
AHCDD/Augusta on any changes that will result in substantive changes to this Agreement. All
such changes shall be made via written amendments to this A�eement and shall be approved by
the governing bodies of both Augusta and J& B. _
Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix D and are attached and included as part of parcel to this Agreement.
,,.-.r--
Initial: ,�
�'Y'�CI�E �I. O'T�1� I�QIJI�I�N'TS
�1. J�� agrees that it will conduct and administer Laney Walker �ond Financing activities
in conformity with Pub. L. 8�-352, "Title VI of the Civil Rights Act of 1964", and with
Pub. L. 90-2�4 "Fair Housing Act:, and that it will affirmatively further fair housing. One
suggested activity is to ?�se the fair housing symbol and language in J� B's publications
and/or advertisements. (24 CFR 570.601).
B. J� B agrees that the ownership in the housing assisted units must meet the definition of
"homeownership" in §92.2.
C. J& B�grees to comply with 24 CFR I'art 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.
i�. 3�� agrees tnat in instances in whicn t�ere is construction warK over $L,UUI� fmanced in
ivhol� or in part with, i��M� funds, ar:d/or NSP fiznds under t�is Agree:r�ent, J�� ��ill
pu�.dst� Housing and Co�ra.m�.zn�ty Developme�� I�`epartment Page Q .
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�.dhe�e �o t�e Davis-�a�c�n Pact �40 TJ.S.: 27�), �s ���n�ec�, �ah'ch requi�es ail 1«bore�s
an� rnechaa�cs �ao:lci�g o� the project tc� bE paid ��i less t�i� prev�.ili�� w�ge-rates as
determine� by t�a� Se�,r�ta� y oi L«bor. �y r�ason cf the fore�oing �equ�rement, the
�azitract V�Iork �ours ana Satety stan���s �ct (40 �T.�.�. 327 et seq. j als� applies.
Ti�zse requirem�nts appiy Lo �ne r�ha'diliLatio� oi rzsi�ential property c�nly i� such
property contains eight or more units. (24 �r�C 57�.r�03 j. Ii Applicable, AI-��I�,� will
pull appropriate wage rates.
E. 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.
F. J� B agrees �hat in accordance with the National Environmental Poli.�;y Act of 1969 and
24 CFR part 58, it will cooperate with Augusta/AHCDD in complying with the NEPA
Act and regulations, and that no activities will be undertaken until notified by
AugustalAHCDD 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-IZichmond County Planning I�epartment. (24 CFR 570.604)
G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.5.0 4001-4128), J& B
agrees that Laney Walker Bond funds, HOME funds, and/or NSP funds shall not be
expended for acquisition or construction in an area identified by the Federal Emergency
Management Agency (FEMA) as having specia.l flood hazards (representing th.e 100-year
floodplain). i:xceptions will be made if the community is partici�ating 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.
H. Any activities with HOME funds, and/or NSP funds will be conducted in accordance
with the Uniform Relocation Assistance and Real property Acquisition Policies Act of
1970 (UIZA) and the I�ousing and Community Development Act of 1974 (24 CFR
570.606). This will be undertaken by AHCI�D.
I. J c� B agrees to comply vaith Executive Order 11246 and 12006 and the regulations
issued pursuant thereto (41 �FR 60) �% �rovides that no person shall be discriminated
�ug�:sta i�QUSing an� Cc:nr:s�niry Bevelo�r�a�at De�artment �age 10
, , � � ' • •
a�ainst on t�e basis of r�ce, cQior, relig�on, sex Qr �a±ional c�igi�. J�; � `✓Vl�� II? 2II
solicitations or adve�isernents fo� em�sloyees pl��ed by �r on be�ulf of ��: :�, state t�at
�l� Gual;fied a�pli�,ants �viil re�eive censide�atior. f�r eri�laymen� with�ut regard io race,
c�lor, religion, se�,, natior�ai or�gin or farnilial stat�s.
J. 3�i � dvil: r:o� disc:����inate aga:�st u�y ea��loye� �: a�plica��t for e�playm�nt be�a�ase of
Y�.C2� CO�OT� 3'2�i�i0T'i, S2X� natiana 3Ti�ia1, GT i,Liii�l�.i Sia�t.iS. .i �L a� Wl� ta;�e apprflpriate
action to ensure that applicants are employed, and that employees are treated fairly during
employment, without regard to their race, color, religion, sex, national origin, or social
status.
K. J�i B agrees to post in conspicuous places, available to employees and applicants far
employment, notices to be provided by Augusta setting forth the provisions of this
nondiscrimination clause. Except as prohibited by law or the 3 � �y ��� ��! � Court Order
in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07 _rV-
019 (S.D. GA 20 I I). A10TI' I,Al�GiJAGE 'I'HA'I' VIOI,ATES 'T�S CO��' O�ER
IS VOII)�I.E �X 'TI� AbJGiJST'A GOVE 1W'T. J& B agrees to comply with
any federally mandated requirements as to minority and women owned- business
enterprises.
L. J& B agrees the low and moderate income persons residing within Augusta-Richmond
County and that contract for work in connection with the project be awaxded to eligible
businesses which are located in or owned in substantial part by persons residing in
Augusta-Richmond County. (24 CFR 570.697)
M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the
_. C,'DBG Regulations, J&� agrees to comply with the Lea� 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.
N. J� B agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use
of any contractor during any period of debarment, suspension or placement in ineligible
status. No contract will be executed until such time that the debarred, suspended, or
ir�eligible contractar has been approved and reinstated by ATr�CDI).
A�wgu�ta Housing �r.� Com�nun�ty Develc�ment Depa:�tment - P�,ge 21
� . � � • .� �
. C�. �n ac�ordan�� witn 24 �FR p�.rt 24, sub�ari F 3& r" aa2'eeS t0 �.�Tl�in.?St�r � pOj?C to
provi�e a drug-free vvoracplace that is free ipom iliegal use, possessi�:�, �r ��stribeztie�: of
dru.gs or �lcc�r�ol by its bene�'ici�..�'ies as reqtir��'�y the I�rub �ree �Jork�lace Ac� of 19��.
�. A..�y p�.zt�Zicio;� b�r�eY�tea'oy J�� f�r t�'�e �rGject f�r�de� pa�rs�ant t� tl�s Agreer�er��,
��aring the t�� of th:s Agrer:nent or f�r �r.e ye� ther�aft�r, t�v�l1 m��e r�f�� to the
cs�ntributiorY �f Augus*�a�Ri��iond C�unty in ma?�ir.g the pr�ject p�ssible. The �,�or�s
"Augusta-Richmond County Department of Housing and Community I�evelopment "
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.
Q. In accordance with 24 CFR 85.43, if J& B fails to expend its grant fands (i.e. funds for
interest payments, profit & overhead, soft costs, and other funds as stated) in a timely
- manner, such failure shall constitute a material failure to comply with this Agreement and _, -
` invoke the suspension and tennination provisions of ARTICLE VII. For purposes of this
Agreement, timely expenditure of funds means J& B shall obligate and expend its funds
as designated under ARTICLE II.C.
R. J� B shall comply with all applicable laws, ordinances and codes of the federal, state,
and local governments and shall commit to trespass on any public or private property in
performing any of the work embraced by this contract. J� B agrees to obtain all
necessary permits for intended improvements or activities.
S. J& B shall not assign any interest in this contract or transfer any interest in this same
without the prior written approval of Augusta
" T. J& B agrees to comply with the prohibitions°�gainst discrimination on the basis of age __ '
under the Age Discrimination Act of 1975 (42 U.S.0 6101-07) and handicaps under
section 504 of the Rehabilitation Act of 1973 (29 U.S.0 794) 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.
U. If applicable, J& B shall obtain prior written approval from the Grantee for any travel
outside the State of Georgia with funds provided under this contract. All Federal Travel
Regulations are applicable (41 CFR Part 301).
V. All housing ur�ites [rehabilitated, reconstructed, or newdy constructed] and ass:sted �vith
�OIvI� Program funds must, be�ore occupancy, meet the Froperty Starid�rds specifed at
l�ugusta Hous��.g and Comrn�zr�?t;� Deve1_o�ment 1�epa? - Page 22
� � ,� ,
` �S �F� 92.25. � re �':operty Sta,ndar�s at 24 �F�? °2.251 re�uir� t�a.t t�e hcrn.es
receivirig �ds rrAust r�:eet th� ��J� Sectio�� � Z��:,using �ua.lit; 5ta: �s [rl�� j. A11
housi��g assis��d under this Agreement is "�evv cor�struetio�s" by :�ON� P��ograms
definitio� �.n.nd `�h`re��re must r�eet t��e local'ouilding coc�es for ne hcusing in l�ugus�a-
�i��.rY�ond ���n�y, as �.��lica'�le.
Initial:
��I�I.E ��I. S�JSPEl�TS�Ol�i �tD TE l�Tr�T'�Ol�T
A. In the event J& B 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 II.C, Aubusta may withhol� cash payments until J 8i B cures any breach of the
agreement. If J& B fails to cure the breach, Augusta may suspend or terminate the
_ - current award of funds. J& B will not be eligible t� receive any other funding.
B. Notwithstanding the above, J& B 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 for
the purposes of offsetting the exact amount of damages once deterrnined.
C. In the best interest of the project and to better serve the people in the target area� and
fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, 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 this
Agreement, Augusta shall pay J c& B far documented committed eligible costs incurred
- prior to the date of notice of term�:nation. —'
D. Notwithstanding any termination or suspension of this Agreement, J& B shall not be
relieved of any duties or obligations imposed on it under this Agreement with respect to
Laney �Nalker Bond Financing funds previously disbursed or income derived therefrom.
�TICI�E 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 iast specitied, and the place for giv%ng of notice shall remain such until it
shall r�ave be�:� chang�� by wri�ten nct:ce.
- A.ug�.�sta Housing an� Coin�n�nity Devela�merat �Je�art�ent Page 13
� � ' •
l��gus�� wi�i rP�eiv� al� ro±ice at±he address ir�?icare� �ei��.u: ' '
Office of the �c�m?nistrator
Municipal Building
530 C=reene Street, Suite 801
Augusta, GA 30911
With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2" Floor
Augusta, GA 30901
J& B will receive all notices at the address indicated below:
" J& B Construction and Services, Inc.'
3550 Gordon Hwy
Grovetown, GA 30813
�'TICLE X: �DEI�l�FICATI01�
J�i � 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 injut'ies or damages sustained by any person or persons, corp�`ration 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
exciusiveiy controi tne same.
Hugusta Ho�sing anc� Co�nrr��nity Deve?o�me:;t Depa� P�ge 1� .
, � � ' . •
�L?� ��rC1PS 12�r�f0 �O �gT�� t0 �7�?1� t�'1e�1Se1�IeS, t12�1?' �"1P:TS, PXPCLt 3Cl�:R:StT'�tCTS, tI'LtS�rPS,
successors and assigns, all jointly ar.d severally ur��er the �erms of this �greerr�e�t.
� -^—�
Initial: �
A�'��C'� E �a Ii���J�.�l��� � �O�?D�i 1G
J�� sha11 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 caverage
shall be subject to approval by Augusta. Additionally, J& B 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
pursuaa�t to this contract. J� B shall procure and provide, for approval by Augusta,
comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the
Grantee and adding as named insared the City of Augusta, the Mayor, Com��nissioners, and
Augusta's officers, agEnts, members, employees, and successors. '
All of the above policies sha11 provide that no act or omission of the grantee, its agents, servants,
or employees shall invalidate any insurance coverage required to be provided by J& B
hereunder shall be cancelable without at least fifteen (15) days advance written notice to the
Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted
for approval by Augusta.
ART'ICL,E XII. P�Olt piNID F�TT�J� AG�EIVIEN'TS
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 sha11 be predicated upon any prior representations or agreements
whether oral or written. Augusta is not obligated to provide fiznding of any kind to J& B beyond
the term of this Agreement.
A�T��I,E �Y�I. L���, ���VIS�01�� �E�li���D �1�1CLLT�ED
Ea�h and every �rovision of any law or regulations and clause required by lavv or regulation to
be inserte� in this �4greemen.t shall be deemed to be inserted herein and this Ab eement shall be
!��gus�a �iousir_g Gn� Coznmunit�� Devzlopment �epa,t�er�t - page 1�
, . . � � ' . •
read ard enf�rcPd as th�ugh it were anc��zdec! hereir� and if, t�rough ��stz��e cr o�he�a�ise, a�y
suci� pr�visian is r�ot insertec� cr is not co�cectl� irasea ted, then upon a�plicatior� af ei�'�er ���ty
ti11S �i�'�,eiT'iC;11t 5i111i IOi v� auixeilU tri'i iiili{2 SUCit iiiSeT�i0i1 ai1C� TE'Jle`vJ�C� �Ci
acl:no�,�le�ge� upon ey bot� �a:r�ies.
��t�'��'�,� ��1. ��SC��1�+ R
Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of
I�OlVIE funding is deemed voidable when utilizing I.aney Walker �ond funds in its entirety.
However, if there are any federal funds utilized by this project, including Homebuyer Subsidy
funds, this Agreement will be enforceable in its entirety.
A�:gusta Hc�asi;:g and Cemmun:�� Devel��men� L�epartr^.ent � Page 16
, , • � ' . •
. ���'���..,� ��, �'��11�'�'��:.���a'�'� � .
T'h.is �gree�ent is executed i� �,�o (2) c�ur_te�pa.rts — eac� of t�hich sh�ll be deenea a.r.r� cr� �an�.?
a��d toge�he: sh�.il ��ns��tute ene ar�d t���, sar�e F�gre�,rne:�t wit�= o�e cour�ie:�ar� bei��g delivere�
to eac� �arty he.eto.
�l�T ��'Y'l�T��S �O�'� the parties have set the�� hands a�d seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
SEAL �
�y: �� �-- ---"""-
��� David S. Copenhaver
.� -�:� —
� ''��'- — As Its Mayor
_ .� x . � ��� -s ��7��� _.
, � ,�,
�� �
� ' J �
Len��o �'@ `' %: � j,3
� s > ,� 3 a � �,�
� � � ���.� � .: �' ; � �
*' � :1
CIe��C �f�Co�iission�r`�.. °; ,,
� � ,� �" �. � �-~ �
, `�� �� °;�� s ;� ; � � Frederick Russell
� p' ,� , °
`F: r.��f?r '-33D" A p }�. } y _
&+ n L'� • J Ll �l.�l
.. ���� �..�`�:a� � .
��w�.�h
Chester A. Wheeler, III
Director, AHCDD
— ATTEST: J& B CONSTRUCTION AND SERVICES, INC —
(Grantee)
SEAL:
By: '
H. Jero e Jones, Presid t
(Plain witnes
P.�zgust� �ous�ng and Cor:m�.nity �eveloprner�t DepartYneaat .. ' Page 17
' � � .
�`�'�+ i�Z��� «�9y . .
����C�' ���1��,��i�ll�I�'�' �1� I�R�I�A��+ 1��+ N'�' ����'�+ ��T��
i. Augu.sta through the �Iousing and Comr�un?ty I�evelopment i�epa ag�ees to
pravide up to $79,331.25 in Fiscal Y�ar 2�11 �.,aney VValker l�o�d. F?��n�i�?g funds to J�
�. These f�nds w'�11 s�pport ne�v canstre�c�ior� wit�i t�ie pr�ducti�� oi ap�r� :��a�ely 1
�f�ordabl_� sir�gl�-family r�sidential unit in connection with ihe continuation of the Pzne
Street Revitalization Project- 1237 Sing1_e Family.
2. AHCI�I� must review and approve all residential design plans, project specifications and
total development cost for eaeh residential development project before work is
commenced and before funds can be released for payment reimbursement. Construction
payments will be released to J&� in accordance with the attached drawdown schedule
and budget.
3. AHCDD will provide the lots on which ail new affordable homes are to be built under
this agreement and in connection with the Pine Street Revitalization I'roject.
4. �Jith AHCDD approval, J& B may use funds under this-agreement for the following
-� p�oses: . _,
a. To support development costs as outlined zn Item 6 below.
5. Completion deiays, remedies, and penalties.
a. If the Contractor fails to complete the work within the time frame specified in the
contract, plus any authorized delays, AI-�CI�D may:
i. Terminate the contractor in accordance with the "Provisions far Augusta
Housing and Community Development Department (AHCDD)" clause of
this contract.
ii. Assess liquicPated aamages of Two Hundred Dollars ($200) 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 �.s�t be charged with liquidated damages for any delays in the
completion of the work due: —
i. 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, ar any other National,
State, or City/County emergency.
ii. To any acts of the Owner that hinder the progress of the work;
iii. To cause not reasonable foreseeable by the parties in this contract at the
time the execution of the contract which are beyond the control and
without the fault or negligence of the Contractor; including but not
�..:.,�.. a � � r � ., a � .,. r �i. ,. Y '�'' j% `� f ���t �cr
LGJL1tl.CGU lC! QC�J Vl ITVU � Cll�lJ� Vl L11G 'lA ll�i G11Gldl QljLS V �
contractor in the performance of some other contract with tl�.e owner; fires;
floods; epidemics; quarantine restrictions; strikes; freight embargoes; and
� Augusta Hous�ng ar.d C�mm<urity Bevelc�rne�z� Departa�.e�zt �age 2� -
, � � .
VJEa�ti1�2' GT 13.Y'iL1SLI?al SeV�i1�,'� SLiC�a 2S iie.'sii�r:,aF'ie5� tC�"i2C e, jTCI�IleS 2.I'iC�
other e�xr�me weather conditions; aa�d
iv. To ar,y delay of �he subco:�trac��r �ccasiane? by any ot�:er eauses
speciiied in subpar�graphs A and � a��ove. �rovided, l�o�rever, �i1at tn�
contractor pro�nptly (withi��a 10 c�ays) notiiies A��I)� a��d AP� in writing
of the ca�.zse of the delay. I� the facts show �3ae d�lay ta be pr�perly
excusable urlder the terms of this contract, AI�CL3D sha11 extend tlae
contract time by a period commensurate with �Iie period of authorized
delay to the completion of the worlc as whole; in the form of an
amendment to this contract.
6. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be indentified on a
project-by-project basis. In no case wi11 this amount exceed the maYimum per unit
amount defined at 24 CF1Z 92.250
b. J& B will provide construction management for the project to ensure that
construction work is being carried out in accordance with plans, specifications
a�:id the project budget. --;
c. J& B must make sure contractors obtain and post all permits on job site. Prior to
releasing final payment on each house, J& B must also secure a Certificate of
Occupancy from the contractor that has been issued by the Depa.rtment of
Licenses and Inspections.
d. PdHCDD (thru APD) must collect progress and final lien releases from the
contractor, subcontractars, and material suppliers prior to making the fmal
payment to J � B.
e. AH�CDD 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. AHCDD may choose not to release payments if the work
being performed is not of acceptable quality to AHCDD and if the house is not
being built or rehabilitated in accordance with plans and specifications, or if the
prorect is not on schedule. —
7. Perznanent Financing and Sa1es Prices
a. The sales price of each home sold in accordance with this agreement must be
based on a formal appraisal. Unless otherwise agreed to by AHCDD, the sales
price of each house shall be equal to or greater than the appraised value of the
house.
b. The purchasers of houses constructed must meet the City of Augusta program
requirements
�u�tasla Housi�g and �or7m�r�iiy Bevetapr�Ent Bepurtm�nt P�ge-2�
, , , • � �
.. � ��&.��LW�Il� 6GFJff�
k;D
�F'���'�N� ���1g��+ I�1'�'S
A�'I� shall submit to the Grantee the fo11_owing reports far the term of this �gree�nent.
1. �%Jeei�iy �tatus �e�orts
�. T��:e by 10:�J0aam l�or�day m�rning £�r tY:e pr�vious we�k. �e�ort will
contain actual/estimated costs/date, issues and concerns. MS Project
schedule will be manually updated so that APD can input data to master
schedule.
2. Monthly/Quarterly Progress � Financial Reports
a. Due the 15�' of the new quarter.
3. Annual Progress Report
a. Due 365 days from the effective date of this agreement
4. Audit/Financial Report
5. Grantee shall r�aintain 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 rega'rding 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.
A�.�g�s�� Housi�<g and Comr�.ur.aty T��vel��rraerst Depart�ent - Fage 20
. • � � .
.. p�gy�,+fs7��5 6G�99
L=' 1t ZC�l + La
Il'�1a�1��A1�� P��Il g�l�
.._2 �e
. . ...,, � . .. . , . . ,...„ ,.... ... .�.. � ....,.. .. ... .,. .. .. .. .. . .. . .. �
Au�zsta H�l�s:ng�nd Comr�ur?iry Developm°nt �Jerzatr�ent �. Page 2�
� . . � � ,
�" ���1���� «��� ` `
�'�'�'�'�J�'�� (�����,���� �I�T ���T�S�')
1. 24 C�'R �art 92, ��V1� lnvesiment �ar�nerships r�rogram ("�i�T��")
2. �i�� Circular A-i 1� — L.1�iforzn Ac'aminisirative Requiremen�s for (�ra.�ts and
P grPement �a�;#?� �nst;± �f �io�?�r �,�',�cation, F-±ospitals; aa�d otl�er Non-Profit
Organizations.
3. OMB Circular A-122 — Cost Principals for Non-Profit Organizations
4. OMB Circular A-133 — Audits of Institutions of Higher Education � other Non-
Profit Institutions
5. 40 USC 276 Davis-Bacon Act
6. 40 USC 327 Contract Work Hours and Safety Standard Act
7. Uniform Relocation Assistance and Real Property Acquisition Policies Act
8. Lead Based Paint Poisoning Prevention Act
9. 24 CFR 35 — HUD Requirements for Notification, Evaluation and Reduction of
_ Lead-Based Faint Hazards in Housing Receiving Federal Assistance and _
" Federally-Owned Residential Pro��rty being sold, Final �Zule �
10. Augusta-Richmond County Procurement Policy
11. Conflict of Interest Affidavit.
FO�S
1. AIA Certificate of Payment
r�giMxs�a �c��,s;�g a?�d CGrrim�rsit�� Bev�lVp�e�t De�ar�rnerat _ PGge 22
, . , � � .
Ll'�}IA��.B�� bG /� )9 � � .
L
��1�1� 1t��elJ Y��i� ��F{1��i'N1t�Pr1���
�� C�11S�t�.3C�.? 02? �i CiJ �C�S 5�1�., � COiit�ti� �iJa��? �e �'�.se°,i �;.� ��tc'�,tt,, a.F?C� �`v''C� COCaeS c�� OY'C�11?�C�S,
including, but n�t lim�te� io, ti�e f�llo�u�ing:
�"Standard �uilding Code", 2000 Edition, �Southem P�uildia?g �ongress, International, Inc.,
�irmingham, Alabama.
•"Standard Plumbing Code", latest edition, �outhern Building Congress, International,
Inc., Birmingham, Alabama.
•"Standard Mechanical Code", latest edition, Southern Building Congress, International,
Inc., Birmingham, Alabama.
•"National Electric Code", latest edition, National Fire Protection Association, Quiney,
iVlassachusetts.
• Model Energy Code, 1997, Council of American Building Officials
•"14.DA Accessibility Guidelines for Buildings and Facilitie�", Department of Justice,
"' American with Disabilities Act of 1990. -"
• Williams-Steiger Occupational Safet� and Health Act of 1970, Public Law 91-596.
• Part 19I0- Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of
Federal Regulations (Federal Register, Volume 37, Number 2Q2, October 18, 1972).
• 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).
• Section 106 of the National Historic Presezvation Act 916 U.S.C. 470 fl.
Project Review: A11 plans, specifications, work write-ups, projected cost estimates, purich lists or
other means of outlining work on a particular proj ect will be submitted in writing to AHCDI? for
review and approval prior to bidding. AHCDD Construction and Rehabilitation Inspectors will
review these items for complia:.£� with new construction and/or rehabilitation standard� and
materials used — '
Rehabilitation Standards: All rehabilitation work will comply with the "Uruform Physical
Condition Standards for HUD Housing." Workmanship and material standards will comply with
the Augusta-Richmond County Housing & Comsnunity Development Department Contractors
Manual and Performance Standards. A copy of this manual is provided to every contractor when
included on the A�ICDD Approved Contractors List.
Inspections: All projects will be inspeeted and approved by and AIICDD Construction and
icehaoiiita�ion inspecfor pri�r to reiease of t'rie iuncis ior ii�ai rec�uesi.
Augus�a Haczsing an� Ccsr:�muni�y I�evelopment Department �age 23 -*
� 'r .
,. . .. � . � � � �
q� V'u1i�l�A�H` GG�99 . � �
7�LY.4�i_ ��E £
�Y'4�H��� ���fC.�G_J� Sl �� ��!�'lLf SL� 411a�.L�
J�� m�zst �rovide a completed schedule of completion as EYhibit 66 �" u�ith a�pro�ria�e
anil�stones within I O to 15 days after �he signing of this �greement. This scl�edule must b�
provided in sufficient detaii to permit A�tiD� �� rbb�natc� an� assess pro� ess in coi�ne�tion with
the performance of rhis agrve�er±.
__: _
f3�zgusta Hous:n� a�ad Cor�r,��a?xzty Deve?�t�:nent Department pag° 2�