HomeMy WebLinkAboutJ & B CONSTRUCTON $79,331.25 FOR FISCAL YAR 2011 PROVIDING FUNDING FROM LANEY WALKER BOND FIN "PINE STREET REVITALIZATION 1237 SINGLE FAMILY r . i � � .� .
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�n the amour_t of
�79,331.25
Seve�$y-1�1i�ae '�Ila�aasa�d T'ha �an�nda�ed Thia Do�b�rs �c 25/Il00
For Fiscal Year 201Y
Providing Funding From
L�EI' W��I� �ONND FII��CING
"Pane S�reet lie�italazsatzon —1237 �iaagle Fa�raily"
1
'�'�S AG1�El�N� ("Cont�act"), is made and entered into as of the -�� =iay 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 j�Jalker �lvd., 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.
WIT`1�ES�ET�
��5, �'£ ugusta is qualified by the U. S. Department of Housing � nd Urban Development
(hereafter called HUD) as a Participating Jurisdiction, and Augusta has received Laney Walker
�ond Financing for the purpose of providing and retaining affordable housing for eligible
families, and
WI��AS, Augusta wishes to increase homeownership opportunities and preserve axid
increase the supply of affordable housing for eligible farnilies; and
W�IE�AS, Augusta wishes to enter into a contractual agreement with J&B for the
administration of the Lariey �Rlalker bond Fin�ncing eligible affordable housing development
activities; and
P>�agAas:a �?QUSin� a�d Comm�:�ity DevelQ�m�nt De�art�rert Dage ?
. • � , .
������, th?s activit�j has �een determined t� �e a��a eligible activity according �0 24 CF�Z
92.504(c)(13 j, a.nd will meeL one cr more of the ra.tio�al obJectives ar.d criteria ou�lined in Title
24 Code Qf Fe�eral Regulati�ns, Part 92 of �:�e �ioussng a�~�d tTiban I�eve4op�nent ��gula�ions,
W�E���, J�z � has b�en selected and approved +�13rough � solicitation process for
development partners to assist in the redevelopment of Laney V�lalk�r/�eth1_ehem commlanities.
W�E�AS; J�� has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
�AS, J&� 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;
1�OW, T��F��, the parties of this agreement for the consideration set forth below, do
here and now agree to the following terins and conditions: -�
�t'TICI,E I. SCOPE O�' SE1��CES
A. Sco�ae of Servnces
a. Pr�Ae�t I)esea-i�tao�a
J�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. Perforrn new constYUCtion services fo� a single family unit.
ii. Perfo�m all required and requested marketing and advertising activities;
in accordance with "Fair Housing" regulations
iii. All p�ojects a�e to posses the following cornponents:
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 Housing and"Cemmunity L�evel^�ment De�artr<:ent Page 2
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�. �Js� ir� � �unn�as
�.aney V�1�.lker �ond �'i�.ar,cing funds shall be used by 3�� ior the purpc�ses and.
objectives stated in Article I, Scope of Services, ar�d Exhibit "A" of this Agreement. The
us� of Laney i7Jalk�r �onc� Finatacing �znds for any other �urpose(s) is n�t p�rmi�t�d. �'he
following sun�narizes the proposed uses of f�zn.ds �nder tl�is agreement:
a. Constrexction 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, Augusta , Geora,ia 30901
J& B may request a change of address through written request.
T�}� Will rrnVil�P 75% �f thP ��ngt� ^^S t�2.'"^"�. ' + '"Li�iidi� ivaii. iii2 iG`uZi
w � � vu u Cvi1Su
construction cost is estimated to be appro�mately $176,275.97.
Initial:���,���
b. Pro�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 $176,275.97.
C. Pa-o�ra�a L�cation �nd S�ecif'�c Goa�s to be Achieved
J& B shall conduct project development activities and related services in its project area
(also known as the Heritage Pine Community) that incorporates the following
boundaries: James Brown Blvd. on the West; 12�` Street on the East; Wrightsboro Road
on the South; and Laney Walker Blvd on the North and its designated geographic
bounciaries approveci by AHCD17.
�. �&'��E;C� �l&�H�DIl�Il$�' �@g��'Bffifl1Ea`1�Il�B1
August� uousing �nd Cemmt�nity Deve?aprnerat De�art�ent Page 3
� r. � � • • �
?t has bePn deterrnirec� t�at the us Qf �2rey �I�Ja.lk Bond 1 i�ancina funds by J�; ���il�
be in compliance with 24 CFI� Part 92. Notwithsta��c�ing any other provisio�s of this
ccntract, J oL � shall pr�vide activiiies a��d sesvices as describeu' i�� t�e tiescri?�tion af the
project, incluaing use �f iur.ds, i�s goals and objectives, iasics to be perforrie� anci a
�etailed s�,��d�zlv fc�r cczr�pl�ting td e tas��s f�r this �,acject as �,��ov��.zd �� �x��i�it � oi ulss
c�nt�ract.
�'TIC'I,E II. �ITI➢�ET' �D 'TH�D OF' PA�'I�I�1'T
J�i B will be compensated in acc�rdance 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 caxry out this project with
implementation oversight provided by APD. J& B agrees to perform the required services under
the general coordination of AHCDD. In addition and upon approyal by Augusta, J& B may
engage the services of outside professional services, consultants, and contractors to help carry
out the program and project.
A. Funds
Augusta shall designate and make Laney Walker �ond Financing funds available in
t11e fnl�pw;ng n,anaPr:
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,
subject to J�i 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
payznent must be provided before payment can be made.
c. APD will monitor the progress of the project and J& B performance on a
weekly basis with regards to the production and overall effectiveness of the
project.
- A�gust� Housing ar.d. C�mm��nity Devel�pment De�zrfinent Dage � -
' � � � ' . .
�. Upon tne termination of this agreement, any �anused or resi�uai �.:rds�
remaining shall revert to P ugusta and shall be �ue. and ��yavle o� such date cf
t�e t�rrrn,inat:or. a.:~�d shali �e paid �o l�.te� th�.n tr.i�iy (3�} days t��ereafte..
e. Furids lnay n�t �e t�ansiened i�ormb line itei� �€� li�e iier� in t��e �Srojeei budgeti
�aaith�,ut prior wri�:n appr�val �f �u�sta t�iru A��I�L.
f. The �se �f ���s des���b�� I this agrvement is su�ject to the ivri�'t�n approval
of the U. S. Department of Housing and Urban Development.
g. This Agreement is based upon the availability of Laney Wa11_cer �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 •.���
�. P�oiect �inancin�
�1HCDD will fund no more than twenty-five percent (25%) of the total construction
costs of a single project, and seeks to provide J�i B with the necessary Laney Walker
Bond Financing Agreement upon receipt of J� B's fmancial commitment letter for
75% of the total cost of construction from a reputable fmancial 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�ke.). The other portion can be used for other project relat�d costs as
described below: .
a. J& B's construction interest will be subsidized by AHCDD via its funding
allocation at a rate not to exceed 5% for 12 months or when house sells or
whichever occurs first.
b. J�i 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
marKeting anci iair nousing services, and other soit costs as deemed eligible)
augusta :�ous;ng a�d CQ�n.m�nit Beveloprnert DepaM�ment pGge�S
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d. P!I :�:n�ing is �ei�b Nrovi�ed �.t a 0% ���-amadrtizir�� lc�n to �e re�aid a�ice
tlae r�ouse sales.
Initial.• � �
C. '�'ga��g���� ���- C��an�p9����m �� ��m���� A����Il�ge�
J� B shall ob1_?gate the designated Laney �Iall�er Bond Financing fiznds by
December 2011. 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 Exhibit B. These documents will become an
official part of the contractual agreement and provide the basis for overall project
performance measurements.
a. Liquidated Damages
i. J& B shall complete this project no later than 120 Days from the
effective date of this Agr�eement "Janucary , 2012" unless
othe�wise approved by Directo� ofAHCDD. The penalty for non-
completion is $200 a day for every day over the stated deadline.
Initial: `
D. Pro�eet �ud��t: L,i�fltatioffis
J& B shall be paid a total consideration of $79,331.25 for full 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 sha11 be the only funds
_ provided by Augusta- unless otherwise agreed to by B.ugii'sta and J& B.
J& B shall adhere to the following budget in the performance of this contract:
Construction Loan $44,068.99
Permits $816.00
Profit and Overhead $31,729.68
Interest Payments $2716.58
T�t�l P����e� A������ C�s� �79,331.25
�.---�
Initial.����.�
August� I�ousi�.g and Com�iunity Develo�ment DepG� Page 6
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������.,� ���a ����,�������� ���gs��r�� ��� c�� �2e2����)l
The 1Zesale/�Ze���ture Pre�vis��r�s ir. t?zis �u�t:cxe I�I shail ensu�e c�rr��lianee with the HOME
Pregrar� "Period �i Afforda'�iiity" r���irenl�nts p�rsuani to 24 �FR �2.254(a)(4). 24 �FR
92.25� re��:ire� that tl�e �:ty, its su'�reci�ie�ts, G.rad L��s fUllo�rvi cert«in resal€/re��pture
i2S*�iiCii0i1S Zvlti i�,ga�r"Li �i.G iiS i1�03ixe�9tlj�e2' piOgburi3. �a.C�1 p rG�er�y s�ld t� a 11�T'i3� wi ll
remain affordable for the duration of the affordability 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) sells their property, then AHCI�D shall capture the
HOME funds which will ensure that the recaptured HONIE Program funds are reinvested in other
affordable housing in Augusta for low and moderate-incorne persons. This shall be accomplished _
through deed restrictions, property liens, and contractual obligations, as described in Article I.B !'
of this Agreement.
�TIC'LE IV. T'E� OF COleI'T�CT
The term of this Agreement shall commence on the date when this agreement is executed by
Augusta and J�i B(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 VII: Suspension
and Teymination.
A1�TICI,E V: I)OCIJIVIENTAT'IO1�T AND PA,YlV�NT
_ ` A. This is a pay-for-performance contract and in no rvent shall Augusta provide advance _
funding to J�i 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�, Sunjecf to J�i � 's compiiance witn ti�e provisions of tnis �greement, Augusta agrees to
reiraib�,�sv alI bud�ete� c�sts all�wable izs3der federal, state, a.r.d local b idelines.
�g and Community Developmer�t De�art:;�e�at - Pag� 7
, � � � ` . ,
E. AIl pz:rc�ases cf ca�ita? eq;zi�r��ent, goods �nd. ser��ices s�all comply va�th the
�rccureir�e�t �roc vC�.LL%'2S GI +��� C.1TCL112.I' A-� �O "Urliforr�a Administ�ativz �eq�airemeil�s
To� �r�.,r�� !�� �;aith I�s�i�utions of I�i�i�er ���aca�io��, �os�nitals �nd ather I�To�-
� TOl�'iY �I��311Za�lOTIS" as v�el'1 as t�e pracur�ment policy of Augusta.
�. Rec�ues�s by 3�. � io� paymeiat shall be accompanied by proper docurr�entaiior� �nd shall
be submitted to t�I�D�, transmitted'�y a cover memo, for approval no later than `�.heir
(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
�ICI�D later than sixty (60) calendar days after expiration date of Agreement. The
reimbursement request form is in Appendix B.
, - G. J& B shalT maintain an adequate fmancial sy��em and internal fiscal controls
H. The homebuyer subsidy wi1T 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�i B
Construction
.-,�''_'
Initial.��" ""�
�'I'ICLE VI. �l�l>1ISTRATI� �QiTI�l�NTS
J& B agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36,
a , 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-m�cing 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 �vhom they have business or family ties, during their tenure or ior one year thereafter.
For the purpose of tl�,is provision, "family ties", as defined in the above cited volume and
A�zgusta Housa�g ar� Cor:�munity Bevelopit.e;.t De�artrr,er� ��g� 8
f � � � . ' .
�rovislo�?s �f ti�?e Co�.e of F��er�l Regt?I�,tio1?S, i??� 1 31 CiP t�IOSP T�? ^GS SpOd.,ISe� ?'�.the�', 1�/�OtL1eT,
F�ther-::�-��t�a, l�ocher-in-la��, Step-parent, Children, 5tep-children, �rother, Sisder, Brother-in-
;au� �YS��T-lii-i�'v`J �rarld��rrent, �r� �f the individ�aal holding any inte:esi i� tk�e
subjeeF r.�a�te� oi t�is �b eemP�t. J&� in �he persora� of Isirectors, �fiice�s, Ern�ioyees, ��aff,
�lolagrxtebrs ar�� �ssQC�at�s s�zch �.s C�r�t:aetors, SuL"-c�x t��c���s, �.� �a:�su:tznts s�all sagn ar3d
subr�iL a�oru�ict oi Interes� �`izdavit. (Affi�avit f�r� a�tac:�zd as �a.�� ir� pa,�cel to t��s
Agreement)
Augusta may, from time to time, request changes to the scope of this agreement and obliga�ions
to be performed hereunder by J�i B. In such instances, J�i � shall consult with
AHCDD/Augusta on any changes that will result in substantive changes to this Agreement. AII
such changes shall be made via written amendments to this A�eement and sha11 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.
S
Initial ���
�TYCLE �I. O'TI-�R I�(�iTI�l�l�T'T'S
A. J c� � 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 wi�th
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&� agrees that the ownership in the housing assisted units must meet the defuvition of
"homeownership" in §92.2.
C. J& B 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.
i�. 7&�s abrees tnat in instances in whicn t�iere is construction worK over �l,UUU fmanced in
ivhole or in par� �i�h, �.�T�Iv1� funds, ar.d/or NSP fu►~�ds under th;s agreement, J�� wi11
- Augusta Housi„_g �na Commun�ty Developme�t D"�partment Page 9 -""
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adhe:e �o t��e I�avis-E�a�on Act �40 TJ.�.� 27��, as �rn.en�ed, v,��.ch requi�es a11 lub�re�s
ars� r�echanics w�rlci�.g a� the project to be paid �oi less tn�� prevailin� �aabe-rat�s �:s
d���T713T12�Ci �V ii1E �2i��'�ta!:V Oi ia tuoi, �y i�aso� of t11e fo�2 y�ilY1� TE;C�UIieiTa.Eilt, t�11e
�ar�tract �Iork �ours �ici Safety �ta.nc���s �ct (40 d.T.�.�. 3�7 et seq.) aiso applies.
Tlzese requiremen�s appiy �o tne r�eha'oiliiation oi rzsid�ntial property c�nly i� such
property contains eight or more units. (24 �r � 57�.6�3 j. ii Applicable, Ai-��I�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�i B agrees �hat m accordance with the National Environsnental 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
Augusta/AHCDD 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 Department. (24 CFR 570.604)
G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.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 special flood hazards (representing the 100-year
S_..
floodpla.�n). t�xceptions will be made if the commu.nity 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 .
I�isaster 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 Rea1 property Acquisition Policies Act of
1970 (URA) 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 ag�ees to corriply with Executive Order 11246 and 12006 and the regulations
issued pursuant thereto (41 CFR 60) �hicli Nrovides that no person shall be discriminated
�ug�:sta Ho�zsing ar�d Ccmr��:nity Bevelo�r�a��t De�artr�erat Page 10
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, � �
�u�?22:St QI7 t�E; ��Sl"� O�r2Ce, CQ1Qr, re11bFO1I, SP � 4"i' 2'��t1�I121 rJ'�'1�121. .j �� VJl!� IZl a.11
s�iicitatio�s or advertisez�aents fo� en�a�loyees placed k�y �r on ber�.Pf �f ��: �, state t�at
�.li GU��if1e� �ip��1�.7i7�S vVI1 rec:, C�I15IC��T'3tl�i� iDi eTI2�11O j�1T3�I1� W1i�YGUf T'���T'Q f0 1'�Ce,
color, :eligaon, sex, nationai ori�in or familial status.
J. 3 8i � dvi1� �ao� discri�inate ag«i�st �-�y er�yl�y°�. o� a��licar�t for e�ploym�a�t beca�ase �f
rac�, col�r, ��ligic�n, sex, na�ional �rigir�, or a.iixi�lli Si3'i�S. .� �L a� VJll ta�c� ap�rapriate
action to ensure that applicants are eznployed, and that employees are treated fairly during
employment, without regard to their race, color, religion, sex, national origin, or social
status.
_ I�. J�i B 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. Except as prohibited by law or the �u � y 2� � Za t 1 Court Order
in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07 _rV-
019 (S.D. GA 201 l). AlaTY L�tG�TAGE THAT �OLATES 'y'�S CO�TR�' ��E�
IS �OIl)�I,E �X 'I"� AIJGIJS�'A GO� l�T'. J 8z B agrees to comply with
any federally mandated requirements as to minority and women owned- business
enterprises.
L. J&� agrees tne low and moderate income persons residing within. Augusta-Richmond
County and that contract for work in connection with the project be awarded 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 HONIE 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 residentia.l
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 CF�Z 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 contractor has been approved and reinstated by A�-I�I�I�.
.A.�wg�sta Nousing �n� Corrimunity Develcpr�ent D�partment � P�ge 12
� ' � � � . � ' .
C�. In ac�ordanc� witi� 2� CF� pa.rt 24, sub�ari F, 3�� agrees to anmin?s��r a po1;e� to
provide a�i vvor:cplace that is free ir�m i�?egal use, possessio:a, or ��strib�ti�� of
d�ugs or alcehol by its benefici�.pies �s requxr�� �y �'�e �rua Free V�Torkplace Ac� of 19��.
�. 1�..�ay pa.�blici.; b��erate� by J�� for t�'�� �r�ject f�rrdec� pu�suant tc� tl�s A�ree�er�t,
� t�e te� of th�s Agr�r:rrert or f�r flr:e ye�Y ther��ft�r, �N�11 m��e ref�renc� to th�
cc��tributior� �f Augi:sta-�.i���ond C�u�ty in malcir.g the ���ject p�ssible. T�e wor�s
"Augusta-Richmond County l�epartment of Housing and Community Development "
will be explicitly stated in any and all pieces of publicity; including but not Iimited 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 funds (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 termination 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�i 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
performuzg any of the work embraced by this contract. J& B agrees to obtain a11
necessary permits for intended improvements or activities.
S. J�z B shall not assign any interest in this contract or transfer any interest in this same
without the prior written approvai of Augusta
_ `� T. J�� 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
reguiations at 24 CFI� 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 sha11 obtain pxior written approval from the Grantee for any travel
outside the State of Georgia with funds pro�ided under this contract. All Federal Travel
Reguiations are applicable (41 C�'R Part 301).
V. A.11 housing unites [rehabilitated, reconstructed, or new�y construeted] and ass;sted �vith
H(7ME Program funds must, before occupancy, meet the Property Stand�xds specif ed at
Augusta NousR�g a�ci Comrnun?t;� �eve1_op�ex�t �'epartr!�ent -_ Page 12
� . • i . .� .
' �S �F� 92.25. � re �'raperty Sta.ndards at 24 �'F� °2.251 re�ui�� that t�e hcme�
rec�ivirbg funds m�ust r�eet the ��TI� Sectio�� ��o�sin� �ualit; 5t�-����s [���]. All
housi��g assis��d under th�s Ag�eer�ent is "nev� cc�r�struetio�s" l�y'.�OI�r�', Programs
definitio�a and tn�reiore mus� r�eet t��e local building coc�es for ne°;a hc�using ia� Augus�a-
�'�ic�c�r�d ���n�y, as a��lica�le.
Initial:
��'I�CL,E �II. SiJSPE1�SI01� �TD 'TE�IVI�NAT�OI�T
A. In the event J&� 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, Augusta may withhold cash payments until J& 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�i 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 determined.
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 lZevitalization 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& B 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 shall not be
relieved of any duties or obligations imposed on it under this Agreement with respect to
Laney Walker Bond �inancing funds previously disbursed or income derived therefrom.
�'I'ICLE IX. loiOTICES
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 specitied, and the place for giving ot notice shall remain such until it
shall have'�ee:� chan�e� by written ��ct:ce.
-Aug3asta Housrng an� Commuraity Devel�par�ent Departr:.enf ' Fage 13
� . � � ' .
!� �gust� wi � i r���ivP aII rotice at ±he address ir.dica±e� �ei��.�: " �
Office of the �c�m?nistrator
Municipal Building
530 Greene Street, Suite �O1
Augusta, GA 30911
With copies to:
Augusta Housing and Community Development Department
925 Laney Walker �lvd., 2 Floor
Augusta, GA 30901
J& S will receive a11 notices at the address indicated below:
�' J& B Construction and Services, Inc.'
3550 Gordon Hwy
Grovetown, GA 30813
�ZTICLE X: �DEI�l�I�ICATI0I�T
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 injux`ies or damages sustained by any person or persons, corpo'ration or
property, by virlue 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 deterniine 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.
_ �`ugusta Ho�sing ��c� �a=nm�nity Deve?o�rne�t Depa�tment Page 2� .
� � � ' . ,
�L2� jJ�uTL1PS �4�I'�f0 �Q �g?'�P t0 �I?l� t�7�IT2S�l�l��, �12e2T' �7.P1TS, PXPCL:t^TS, u�CjP.2:T:1St•T'3�C,'TS, tT'LISt�eS,
s°acc�ss�rs arad assigns, all joi�tly ard severally u��er t?�e terans of this Agreem�e�t.
��,--9---
Initial:
A�'�'��� E �. ����T�1�T�� �i�� �Ol�?��1�IG
J c� � 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 caverage
shall be subject to approval by Augusta. Additionally, J&� shall procure and provide for
approval by Augusta a blanket fidelity bond in the amount of at least $100,000.00 covering a11
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 Augusta,
comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the
Grantee and ac�ding as named insured the City of Augusta, the Mayor, Commissior�ers, and
Augusta's officers, ag�nts, members, employees, and successors. {
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 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.
�TICI�E XII. P�OR r�1�D FITTgJ� AG�ElVIEN'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 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 beyond
the term of this Agreement.
r���'���,E �Y��. I,���Y. ��OVIS]I�1�dS �9E�I�� YT�iCLIJ�ED
Each arid every provision of any law or regulations and clause required by law or regulation to
be inserted in th�s Agreement shall be deemed to be inserted herein and this Agreement shall be
A�gus�a �?ousing Gnd Comr��ni*�� Dev2lopr?ent Depa-t?�e�2t - Page 15
, • � ' .
read �:d enf�:�ced �.s theugl� it were :ne��ded hereir �.nd if, t�ro�agh ��istal�e cr ��heraaz.se, arzy
suci� pr�vision is not inserted ar is not ec�ectly inserted, then upon a�plicatia�� of eit �er �a��y
���is �gr.,erraent shali io�htivit�a'�e a.�Laer�ued tc �rla'�ce suc� insertio� «�d reviev�ed ar3d
acl:no��vle�ge� upon t�y boti� �atTies.
��t'I'�CL� ��T. ��SC�.,�i �
Any and all language in this agreement pertaining to HUI3 regulations and/or the utilizations of
I�OME funding is deemed voidable when utilizing Laney 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 H��asi�g �nd �ernmuni'�� Develepmer_fi L�epa�trn.e�at � Page 16
. , • • ` . �
�`'��`�'��'�, !� ��-'�1, �'�+�Jl���+ �.���'a'�� • .
T'his �gre��ent is exec�ted in t�,�o (2) caur?teRparts — eaca cf which sh�ll be dee�ea �..r� or: g3n�.1_
a�*�� to�e*�he: shall ccnst�tut:, one arrd t�r� sa.me �igr��rne:�� wit�a one cour�ie��art �eia�g delavere�
to eac�r. par�y hereto.
�l�T ���'1���5 Y�O�', the parties have set their hands aa�d seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
SEAL �
By: s � �-` ,���.-----�
��� David S. Copenhaver
-� � ��-� —
— ,��� � , - �'- — As Its Mayor _.
_, � y;���, -� ���,/'�J
�� � /
p
� r � ° r � �� �.-" �
° � " '• �� j�
Len� y � - ; { / ' f
� � p w � S f ^i y � � � �./�.�'��'�{/' 1
� � �.. � �7 ,
7 F9 �
Cle�� 5f�o�nassion�� ., `'
�i � �� �� :�
`�� � �� � , Frederick Russell
� . :,
�'� j£ � ;�,. . .���
� A 'strator
����`"� r,.��
. � ,;-
. � �
. -„
��. ,�..
Chester A. Wheeler, III
Director, AHCDD
— ATTEST: 7& B CONSTRUCTION AND SERVICES, INC —
(Grantee)
SEAL:
B ,
H. Jero e Jones, Presid t
(Plain witnes
A,ugust� I�.ous�ng �nd Cor:rnt�nity Bevelopmer�t Departme�at ._ , Page 27
. �
� ' �
f k f[.�+ l�v "�„99 . . .
�SNY�afiiC�� JZ 51S'1L�iC�1L�Y 1VYSC�1'�� tS11�731G 1�vAL�l����1V'JitGL�� �tCA�����J � m
1. Augusta through the F-iousing and Comrnunity L)evelopment I)epartment ag�ees to
pravide up to $79,331.25 �n Fiscal Yeax 2�i 1 L�ey Vl�allce�' Boz�d F?r�2��?�g funds to J�
�. ThzsE funds will suppo� new cs�nsti�.+.c�ioa� with t�ie pr�d�ction oi appr��i�atrly 1
�f�r�rdabl_� sis?g1e-family residential unit in connection vvith the continuation of the Pine
Street Revitalization Project- 1237 Sing1_e Family.
2. AHCDD must revietiv and appxove 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. Constru.ction
payments will be released to J& B in accordance with the attached drawdown schedule
and budget.
3. AHCDD will provide the lots on which all new affordable homes are to be built under
this agreement and in connection with the Pine Street Revitalization Project.
4. I�ith AHCDD approval, J& B may use funds under this-agreement for the following
' purposes: ��
a. To support development 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 authorized delays, AI-�CDD may:
i. Terminate the contractor in accordance with the "Provisions for Augusta
Housing and Community Development Department (AHCDD)" clause of
this contract.
ii. Assess liquidated damages of Two Hundred I)ollars ($200) per working
day from the schedule of completion to the date of final acceptance of the
proj ect. The total amount of liquidated damages wi11 be deducted from the
total contract price, plus any change order amounts.
b. The contractor shall ~�.s�i be charged with liquidated damages for any delays ir: the
completion of the work due: —
i. To any acts of the Federal, State, or City/County Government; including
controls or restrzctions upon or requisitioning of materials, equipment,
tools or labor by reason of war, National Defense, or any other National,
State, or City/County emergency.
ii. To any acts of the Owner that hinder the progress of the work;
zii. 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..:-,*.. +.. l!''..,]. +,. F.L„ l.t:.. . a., �.- +L.,...
1GJ111l.LG� tfJ Qf,tJ Vl tJVU� iil.l5 ll1G �J11U11G G11G111y� cLI,W Vl 0.17.V1l1Gi
contractor in the performance of sorne other contract with the owner; iires;
floods; epidemics; quarantine restrictions; strikes; freight embargoes; and
A.ugust� Housing ard Carl�uniry Devele�r�e�� Le�artrnent �'age �� -
. . � � ,
i%dC,'Zt�i1�T Gi L�.T'ii1Si.3.?a� S�,°V�i11'�1 SLiC�"b 2S iiuiil^?z?'i��� tCEii2�C�S� Cj�C�C12�°S �C�
other extreme weather condi�ions; ar�d
iv. To any aelay of �he subcort:act�r �ccasiane� by any other causes
spe�ined in subpar�graphs t� and � above. �'rovid�d, notivEVer, �i�at th�
con�actor prornpt�y (within 10 c�a�s) notifies A�Y��� a��d AP�3 in vvriting
of the c�Tase of the delay. I� the facts sho� tlae delay �o be prc�perly
excusable under the terms of thas contrac�, �CI)D shall e�tend the
contract time by a period commensurate with the 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 l�equirements
a. The amonnt that can be used to pay for development costs will be indentified on a
project-by-project basis. In no case will this amount exceed the m�imum per unit
amount defined at 24 CFR 92.250
b. J& B will provide construction management for the project to ensure that
construction work is being ca.rried out in accordance with plans, specifications
a�ld 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. AHCDD (thru APD) must collect progress and final lien releases from the
contractor, subcontractors, and material suppliers prior to making the fmai
payment to J �i B.
e. AHCDD 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
project is not on schedule. —
7. Permanent 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 constxucted must meet the City of Augusta program
requirements
�ugusta Housi�g «n� �om��rxity Develop:�ent BepGrcment Pag�-1�
, . . � . �
. . ,A ���'�T�lf� bb�f7
1=il� 1'd YL
���d�dgl�'1B H�aSt��F1.J���
A�'I� shall submit to the Grar�tee the following reports for the term of this �gree�nent.
1. Vv eeiciy �raius iceports
�. �t:e by 10:�0a.� Morday rn�rning for tre previous we�?�. �epor� wi11
contain actual/estimated casts/date, issues a,nd concerns. MS Project
schedule will be manually updated so that API� can input data to master
schedule.
2. Monthly/Quarterly Progress �z Financial Reports
a. I)ue 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 but is
not restricted to, incame 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(sl as allowed under this contract.
A�.�g�s}� Housirg and Cdarmur�Yy �evei��rraent Depa;t:�ent _ Fage 20
• � � "
p �9gy�}aT�Tr57 GG�99 .
L n3� li 1�+ 311�s
�tll�l'�1� ��1�1�r 1L� A $ �'uA�a
- -�� �s
. . .: .. . . .. ...... . . _ ........ , �. .._ .� ... _ ..... .. . .. ,F,: .. . . ,. � . . �
A�a�sta H���si�g �nd Com�unity Deve�opmen� �epan � Page 22
. , � � .
t `"Pi$ ��` 1`� ��1151 6G�'S�)7 ` ` �
L5
� �ii;���1.J A fG�S' �� 8' ��3�1'�f1�� �L`� ��1ll��.E�
1. 2� CF'� t�art 92, ��ivi� inves�ment �arcnerships rrogram ("rivl��")
2. ��� �ir��lar A-110 — IJniform Adrr�inis�rative �equirements for Grants a�d
Ag:�Pe:nent �ra�*k� ��st;t �f �?ol?Pr �d7.acation, I��spitals, and otl�er �1on-�rofit
Organizations.
3. t�MB Circular A-122 — Cost Principals for Non-Profit Organizations
4. OlVIB 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 �aint 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.
�'O�S
l. AIA Certificate of Payment
A���.zs�G I�c�us:~g a�d ��?���ur�it-� Bevel�pr_Ze�t De�artment : Pa�e ZZ
, � � _ .
�L'S:I}1Y�7�� 56 A » � .
L'�
��1���'�e������ �����+ ���'��'�
Ali �enst�c�yo� ��o��cts s�a?� ca���ly v�ath ��u�,ral, �t�.te, and L�cai codes ��.�1 �rdina.i�ces,
inc�uding, bu� not limi�e� �o, ihP i�llo�iing:
�"Standard �uilding Code", 2000 Edition, Southern �uilding �ongr�ss, International, Inc.,
�irmingham, Alabama.
•"Standard Plumbing Code", latest editiom, Southern Building Congress, International,
Inc., �irmingham, Alabama.
•"Standard Mechanical Code", latest edition, Southern Building Congress, International,
Inc., Birxninghaxn, Alabama.
•"National Electric Code", Iatest edition, National Fire Protection Association, Quiney,
Massachusetts.
• Model Energy Code, 1997, Council of American Building Officials
•"A DA Accessibility Guidelines for Buildings and Facilitie�", Department of Justice,
"° American with Disabilities Act of 1990. -'°
a Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596.
m 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).
• Part 1926- Safety and Health Regulations for Construction. Chapter XVII of Title 29,
Code of Federal Regulations (Federal Register, Voluxne 37, Number 243, December 16,
1972).
• Section 106 of the National Historic Preservation Act 916 U.S.C. 470 fl.
Pxoject Review: All plans, specifications, work write-ups, projected cost estirnates, punch lists or
other means of outlining work on a particular proj ect will be submitted zn writing to AHCDD 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: A11 rehabilita.tion work wi11 comply with the "Uniform Physical
Condition Standards for F�LTD Housing." Workmanship and material standards will comply with
the Augusta-Richmond County Housin� & Commun?ty Development Department Contractars
Manual and Performance Standards. A copy of this manual is provided to every contractor when
included on the AHCDD �pproved Contractors List.
Inspections: All projects will be inspected and approved by and AHCDD �onstruct�on and
icenabiiiia�ion inspector prior io reiease oi ine funus iar ihai request.
Aug�usia H�aasi�g and Ccrn�nuniiy i�eveIopmea�� Depart�nenc �age 23 �
.
i _.
. M -
�uL°,.����L� L� 6G�9� � . .
���Ji3CJ� 1 ��L..�F��i.S' SJ 'L.�d'i �� ��SWL1�. �e� �S ��1�
J�� must pxovide a completed schedule oi completion as Exhibit "�" �i`�n appr��iia�e
r�i��sto�es within 10 to 15 days af�er the signing of this �greeynent. This schedule must b�
provided in suffi�ient d�taii to permit ���I�� i� ra���:to� ��� assess pro�ress in cor.�ection v�,�ith
the performance oi this agr�em�r�.
, ��,
A�zgusta kous;,�g a�ad Co;�m�a�ity I3eve?�p:nent Depart-nent , pag° 24