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HomeMy WebLinkAboutJ & B CONSTRUCTION AND SERVICES INC $118,818.25 FOR YR 2011 FOR LANEY WALKER BOND FIN "HERITAGE PINE DEVELOPMENT: FLORENCE STREET DUPLEX FLATWORK , 4 � t CONTRACT between AUGUSTA, GEORGIA And J& B CONSTRUCTION AND SERVICES, INC. in the amount of $118,818.25 One Hundred Eighteen Thousand Eight Hundred Eighteen Dollars & 25/100 for Fiscal Year 2011 Providing funding for LANEY WALKER BOND FINANCING "Heritage Pine Development: Florence Street Duplex Flatwork" THIS AGREEMENT ("Contract"), is made and entered into as of the ���' day of �+'��z=/.�,,� 2011 ("the effective date") by and between Augusta, Georgia, acting through the H�using�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", 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. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker Bond Financing for the purpose of providing and retaining affordable housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual agreement with J& B Construction and Services, Inc. for the administration of the Laney Walker Bond Financing eligible affordable housing development activities; and WHEREAS, this activity has been determined to be eligible activity according to 24 CFR 92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations. WAEREAS, J&B Construction has been selected and approved through a solicitation process for development partners to assist in the redevelopment of the Laney WalkerBethlehem communities. WHEREAS, J& B Construction has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WI�EREAS, J& B Construction has requested and Augus�ta has approved a total of $ 118,818.25 in grant funds to perform eligible activities as described in Article I, below: Augusta Housing and Community Development Page 1 , , . 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 L SCOPE OF SERVICES A. Scope of Services Project Description: J&B Construction agrees to utilize approved funds to support project related costs associated with the Heritage Pine Development: Florence Street Duplex Flatwork. This project involves installing fences, curbs, gutters, trees, sidewalks, repairing water and sewer services, relocating a light pole, and other items specified in the bid sheet presented J& B Construction. Under this agreement: �►- Install 6' Black Vinyl Coated Chain Link Fence with Privacy Slats � Instal124" curb and gutter +� Install water services, with road repair � Install sewer services, with road repair � Install grate trap � Install hood back trap �- Relocate a light pole a� Install trees � Install grassing �- Install Asphalt paving � Install wheel stops �- Install concrete sidewalk, 4" �.. Install Asphalt Overlay, 1.5", Type F � Install Graded Aggregate Base, 6" B. Use of Funds: Funds shall be used by J& B Construction for the purposes and objectives stated in Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of these funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of the funds under this Agreement: 1. Construction An amount not to exceed $118,81825 shall be expended by J& B Construction to support the construction of the Florence Street Duplex Flatwork. All work listed under Article 1, section A is to be performed utilizing the funds provided. C. Program Location and �ecific Goals to be Achieved J& B Construction shall conduct project development activities and related services in its project area (also known as the Pine Street 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 Boulevard on the North and its designated geographic boundaries approved by AHCD. D. ProjectEli 'i�ilityDetermination It has been determined that the use of the fiznds by the J& B Construction will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, J& B Construction shall provide activities and services as described in the description of the Augusta Housing and Community Development Page 2 � / ♦ � 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 J& B will be compensated 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 unplementation oversight provided by APD. J& B agrees to perform the required services under the general coordination of AHCDD. 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. Funds Augusta shall designate and make Laney Walker Bond Financing funds available in the following manner: a. Augusta agrees to pay J& B a maximum of $118,818.25 under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to J& 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 Reimbursement 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 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. d. Upon the termination of this agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. e. Funds may not be transferred from line item to line item in the project budget without prior written approval o f Augusta thru AHCDD. f. The use of funds described I this agreement is subject to the written approval of the U. S. Department of Housing and Urban Development. g. This Agreement is based upon the availability of Laney Walker Bond Financing funds. h. J& B will make reasonable efforts to secure additional funding sources using the $118,818.25 in Laney Walker Bond Financing funds awarded under this agreement as leverage to support the "Pine Street Revitalization Augusta Housing and Community Development Page 3 , � , Project- 1241 Single Family". A copy of this letter will be attached in Appendix C. Initial: �/ s B. Timetable for Completion of Proiect Activities a. J&B Construction shall obligate the designated funds by February 15, 2012. Based on the budget outlined in C.2 below, J&B Construction will provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as E�ibit C. These documents will become an official part of the contractual agreement and provide the basis for overall project performance measurements. C. Proiect Budget: Limitations a. J&B Construction shall be paid a total consideration of $ 118,818.25 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the J&B Construction. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta — unless otherwise agreed to by Augusta and J&B Construction. b. J& B Construction shall adhere to the following budget in the performance of this contract. i. Proiect Activity Cost $ 118,818.25 Completion of Florence Street Flatwork TOTAL PROJECT COST: � 118,818.25 ARTICLE IV. TERM OF CONTRACT The term of this agreement shall commence on the date when this agreement is executed by Augusta and the J&B Construction (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article LD, or in accordance with ARTICLE IX: Suspension and Termination. � ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to J& B, or any subcontractor hereunder. All payments to J& B by Augusta will be made on a reimbursement basis. Augusta Housing and Community Development Page 4 , t 1 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 D. Subject to J& B's compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. E. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations" as well as the procurement policy of Augusta. F. Requests by J& B for payment shall be accompanied by proper documentation and shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than their (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 AHCDD later than sixty (60) calendar days after expiration date of Agreement. The reimbursement request form is in Appendix B. G. J& B shall maintain an adequate financial system 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.���' ARTICLE VI. ADMINISTRATIVE REQUIREMENTS J& B 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 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 have business or family ties, during their tenure or for one, year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, Augusta Housing and Community Development Page 5 , include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. J & B in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors, and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) 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& B 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 Agreement 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. �--- Initial:'��� ARTICLE VII. OTHER REQUIREMENTS A. J& B agrees that it will conduct and administer Laney Walker Bond Financing activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act:, and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in J& B'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 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. J& B agrees that in instances in which there is construction work over $2,000 fmanced in who or in part with HOME funds, and/or NSP funds under this Agreement, J& B will adhere to the Da�is-Bacon Act (40 U.S.0 276), as amended, which requires all laborers and mechanics working on the project to be paid not less than prevailing wage-rates as determined by the Secretary of Labor. By reason of the foregoing requirement, the Contract Wark Hours and Safety Standards Act (40 U.S.C. 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). If applicable, AHCDD will pull all 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. _ __ . Augusta Housing and Community Development Page 6 F. J& B agrees that in accordance with the National Environmental Policy 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-Richmond 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 floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. 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 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). This shall be undertaken by AHCDD. L J& B agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. J& B will in all solicitations or advertisements for employees placed by or on behalf of J& B, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. J. J& B will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. J& B will take appropriate 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& 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 March 14, 20d/' Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 20� J/). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT 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 awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Augusta Housing and Community Development Page 7 M. In accordance with Section 92.355 ofthe HOME Regulations and Section 571.608 of the CDBG Regulations, J& B 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. 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 ineligible contractor has been approved and reinstated by AHCDD. O. In accordance with 24 CFR part 24, subpart F, J& B agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. P. Any publicity generated by J& B for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta-Richmond County in making the project possible. The words "Augusta-Richmond County 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. Q. In accordance with 24 CFR 85.43, if J& B fails to expend its grant funds (i.e. funding for interest payments, soft costs, profit & overhead, 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& 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 against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.0 6101-07) and handicaps under section 504 ofthe 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). Augusta Housing and Community Development Page 8 V. All housing unites [rehabilitated, reconstructed, or newly constructed] and assisted with HOME Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is "new construction" by HOME Programs definition and therefore must meet the local building codes for new housing in Augusta-Richmond County, as applicable. Initial: ��,,� ARTICLE X. SUSPENSION AND TERMINATION A. In the event J&B Construction materially fails to comply with any terms of this agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE I, Scope of Services, Augusta may withhold cash payments until J&B Construction, Inc. cures any breach of the agreement. If J&B Construction fails to cure the breach, Augusta may suspend or terminate the current award of HOME funds for the J&B Construction program. B. Notwithstanding the above, J&B Construction shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to J&B Construction for the purposes of set off until such time as the exact amount of damages is determined. C. In the best interest of the program and to better serve the people in the target areas and fulfill the purposes of the Act, either party may terminate this Agreement upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates the Ageement, Augusta shall pay J&B Construction for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, J&B Construction shall not be relieved of any duties ar obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to HOME funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: Office of the Administrator Municipal Building 530 Green Street, Suite 801 Augusta, Georgia 30911 With copies to: Augusta Housing and Community Development Page 9 4 Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2 °d Floar Augusta, Georgia 30901 J&B Construction and Services, Inc. will receive all notices at the address indicated below: J& B Construction and Services, Inc. 3550 Gordon Hwy Grovetown, GA 30813 ARTICLE XII. INDEMNIFICATION J&B Construction 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, J&B Construction 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 tlus Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE XIIL INSURANCE AND BONDING J&B Construction shall acquire adequate insurance coverage to protect all contract assets from loss ar damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, J&B Construction 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 Construction handling or charged with the responsibility for handling funds and property pursuant to this contract. J&B Construction shall procure and provide, for approval by the Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta's officers, agents, members, employees, and successors. Additionally, J&B Construction shall procure officers and directors liability insurance under policies to be approved by the Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants or employees shall invalidate any insurance coverage for other named insured. No insurance policy providing insurance coverage required to be provided by J&B Construction 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 XIV. PRIOR AND FUTURE AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that Augusta Housing and Community Development Page 10 . . � 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 ar agreements whether oral or written. Augusta is not obligated to provide funding of any kind to J&B Construction beyond the term of this Agreement. ARTICLE XV. 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 XVI. DISCLAIMER Any and all language in this agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond 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. ARTICLE XVI. COUNTERPARTS This agreement is executed in two (2) counterparts — each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTES�: �,.= � �� AUGUSTA, GEORGIA �- �. � � �,; �� r - - (Augusta) � SEAL � � �� � ' � , � � ,. 0 ': � �% � r � F� � � � �` ,� � � � � �-'° "� � � � NC � By: � . �� � �'�' .,..�� �. ' ° � ��� David S. Copenhaver � ` � °� � � As Its Mayor : � ,� �, c��� � � Lena Bo r .� C, Z� y Clerk of Commission � Augusta Housing and Community Development Page 11 . , Frederick Russell � d ini tor Chester A. Wheeler, III Director, AHCD ATTEST: J& B CONSTRUCTION AND SERVICES, INC. (Grantee) SEAL By: As Its Corporate Secretary (Plain Witness) APPENDIX "A" PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the Housing and Community Development Department agrees to provide up to $118,818.25 in Fiscal Year 2011 Laney Walker Bond Financing funds to J& B. These funds will support the completion of the Flatwork associated with the Duplexes on Florence Street in the Laney-Walker Bethlehem Revitalization Area of Interest. 2. With AHCDD approval, J& B may use funds under this agreement for the following purposes: a. To support development costs as outlined in this agreement. 3. Completion delays, remedies, and penalties. Augusta Housing and Community Development Page 12 _ . a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCDD 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 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 not 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, or 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 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 restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. 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 AHCDD and APD in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCDD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work as whole; in the form of an amendment to this contract. 4. Construction Costs and Requirements Augusta Housing and Community Development Page 13 a a. The amount 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 maximum 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 carried out in accordance with plans, specifications and the project budget. c. J& B must make sure contractors obtain and post all permits on job site. Prior to releasing fmal payment on each house, J& B must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. AHCDD or its agent must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making the final payment to J & 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. Augusta Housing and Community Development � Page 14 APPENDIX "B" REPORTING REQUIRMENTS APD shall submit to the Grantee the following reports for the term of this Agreement. l. Weekly Status Reports a. Due by l 0:00am Monday morning for the previous week. Report will contain actuaUestimated 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 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. Augusta Housing and Community Development Page 15 APPENDIX KC" FINANCING LETTER tiugusta Housing and Community Development Page 16 • APPENDIX "D" STATUTES (AVAILABLE ON REQUEST) 1. 24 CFR Part 92, HOME Investment Partnerships Program ("HOME") 2. OMB Circular A-110 — Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and other 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 Da�is-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 Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule 10. Augusta-Richmond County Procurement Policy 11. Conflict of Interest Affidavit. FORMS l. Reimbursement Form Augusta Housing and Community Development Page 17 EXHIBIT "A" CONSTRCUTION REQUIREMENTS All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to, the following: •"Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. •"Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Binningham, Alabama. •"Standard Mechanical Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. •"National Electric Code", latest edition, National Fire Protection Association, Quiney, Massachusetts. • Model Energy Code, 1997, Council of American Building Officials •"ADA Accessibility Guidelines for Buildings and Facilities", Department of Justice, American with Disabilities Act of 1990. • Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. Augusta Housing and Community Development Page 18 . . �, • 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, Volume 37, Number 243, December 16, 1972). • Section 106 ofthe National Historic Preservation Act 916 U.S.C. 470fl. 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 AHCDD for review and approval prior to bidding. AHCDD Construction and Rehabilitation Inspectors will review these items for compliance with new construction and/or rehabilitation standards and materials used Rehabilitation Standards: All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCDD Approved Contractors List. Inspections: All projects will be inspected and approved by and AHCDD Construction and Rehabilitation Inspector prior to release of the funds for that request. EXHIBIT "B" PROJECT SCHEDULE OF COMPLETION J& B must provide a completed schedule of completion as Exhibit "B" with appropriate milestones within 10 to 15 days after the signing of this agreement. This schedule must be provided in sufficient detail to permit AHCDD to monitor and assess progress in connection with the performance of this agreement. Augusta Housing and Community Development Page 19