HomeMy WebLinkAboutJ & B CONSTRUCTION AND WERVICEWS $119,972.25 FOR YR 2011 FUNDING FOR LANEY WALKER VOND FINANCING "HERITAGE PINE DEVELOPMENT: PINE STREET LANE EAST • .
CONTRACT
between
AUGUSTA, GEORGIA
And
J& B CONSTRUCTION AND SERVICES, INC.
in the amount of
$119,972.25
One Hundred Nineteen Thousand Nine �-Iundred Seventy- Two Dollars & 25/100
for Fiscal Year 20ll
Providing funding for
LANEY WAI.KER BOND FINANCING
�-
``Heritage Pine Development: Pine Street Lane East"
THIS AGREEMENT ("Contract"), is made and entered into as of the day of ,
2011 ("the effective date") by and between Augusta, Georgia, acting through the Housing and
Community Development Department (hereinafter referred to as "AHCD") - with principal offices at
925 Laney Walker Blvd., 2 Floor, Augusta, Georgia 30901, as party of the first part, hereinafter
called "Augusta", and J& B Constcuction 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. Deparhnent 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 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.
WHEREAS, 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
WHEREAS, J& B Construction has requested and Augusta has approved a total of $ 119,972.25 in
grant funds to perform eligible activities as described in Article I, below:
NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and
now agree to the following terms and conditions:
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ARTICLE I. 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: Pine Street Lane East. This project involves
installation of the East Lane, and other items specified in the bid sheet presented to J& B
Construction. Under this ageement:
�. Pervious Concrete Paving, 6"
� Concrete Paving, Unreinforced, 6"
�. Open Graded Stone Base, Depth Varies
�- Asphalt Overlay, 1.5"
� Asphalt Binder, 2.5"
� Graded Aggregate Base, 10.5"
� Do Not Enter Sign, RS-1, 30"x30"
�: Stop Sign, Rl-1, 30"x30"
� One Way Sign, R6-1, 36"xl2"
� 24" Concrete Curb & Gutter
+,I� Schedule 40 PVC Pipe, Perforated, 6"
�- Schedule 40 PVC Pipe, Solid, 6"
� Tie to Existing Storm System
�. Concrete Sidewalk, 4"
� Water Services, with Road Repair
� Sewer Services, With Road Repair
� Lump Sum Construction
• Property Restoration
• Erosion Control, Complete
• Traffic Control
• Abandon Existing Services
• Clearing & Grubbing
• Tree Protection
• Miscellaneous Grading, Complete
• Mobilization/Demobilization
• Bonds & Insurance
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 E�ibit "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 $119,972.25 shall be expended by J& B Construction to support the
construction of the Pine Street Lane East. All work listed under Article l, section A is to be
performed utilizing the funds provided.
C. Program Location and Specific 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
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the South; and Laney Walker Boulevard on the North and its designated geographic
boundaries approved by AHCD.
D. Project Eli ibility Determination
It has been determined that the use of the funds 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
project, including use of funds, its goals and objectives, tasks to be performed and a detailed
schedule for completing the tasks for this project as provided in Exhibit A of this contract.
ARTICLE 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 implementation 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 proj ect.
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 $119,972.25 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 for all construction related costs shall be made
utilizing the AIA pay request document which can be found in Appendix
B. If J& B is requesting payment for construction items that are not a part
of the initial AIA document, an executed Change Order signed by all
parties must be furnished in addition to the AIA document. 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 reimbursement 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
proj ect.
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 of Augusta thru AHCDD.
f. This Agreement is based upon the availability of Laney Walker Bond
Financing funds.
Initial:?a �
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B. Timetable for Completion of Proiect Activities
a. J&B Construction shall obligate the designated funds by April l, 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 Bud�et: Limitations
a. J&B Construction shall be paid a total consideration of $ 119,972.25 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. Final payout shall be made no later than thirty (30) days after the closing
date from the sale of the property. Interest, at the rate above, will continue
to accrue if payment is not made within 30 days of the closing date. J& B
wi11 be responsible for providing any and all documentation requested by
AHCDD in order to support the project costs before final payout will be
made.
c. J& B Construction shall adhere to the following budget in the performance
of this contract.
i. Proiect Activity Cost $ 119,972.25
Completion of Pine Street Lane East
TOTAL PROJECT COST: $ 119,972.25
ARTICLE IV. TERM OF CONTRACT
The term of this agreem�nt 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 I.D, or in accordance with ARTICLE IX: Suspension
and Termination.
ARTICLE V: DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance
funding to J& B, or any subcontractor hereunder. All payments to J& B by Augusta
will be made on a payment basis.
B. J& B shall maintain a separate account and accounting process for Laney Walker
Bond Financing funding sources.
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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: "AIA pay request form" supplied by
HCD, with description of specific activities undertaken. The reimbursement request
form is in Appendix B.
G. J& B shall maintain an adequate financial system and internal fiscal controls
H. 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, rnay exercise or has exercised any functions or responsibilities with
responsibilities with respect to the HOME activities supported under this contract; or who axe
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,
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.
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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�,s
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
financed in whole or in part with HOME funds, and/or NSP funds under this
Agreement, J& B will adhere to the Davis-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 Work 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 wark 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 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
� Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior
to beginning any proj ect 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.
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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.
I. 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 `�"li 1 t� Z �� 2� �' Court
Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No.
1:07-CV-019 (S.D. GA 2007). 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)
M. In accordance with Section 92.355 of the 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 proj ect possible. The
words "Augusta-Richmond County Department of Housing and Community
Development " will be explicitly stated in any and all pieces of publicity; including
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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 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 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 HLJD 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 pariy may terminate this Agreement upon giving thiriy (30)
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days notice in writing of its intent to terminate, stating its reasons for doing so. In the event
Augusta terminates the Agreement, Augusta shall pay J&B Construction 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 or 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 Department
925 Laney Walker Blvd., 2° Floor
Augusta, Georgia 30901
J&B Construction and Services, Inc. will receive all notices at the address indicated below:
J& B Construction and Services, Inc.
3550 Gordon Hwy
Grovetown, GA 30813
ARTICLE XII. INDENINIFICATION
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 Ageement, or should the terms of this Agreement in any way be the subject of
litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall
exclusively control same.
The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees,
successors and assigns, all jointly and severally under the terms of this Agreement.
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ARTICLE XIII. INSURANCE AND BONDING
J&B Construction shall acquire adequate insurance coverage to protect all contract assets from loss or
damage resulting from theft, fraud or physical damage. All policies and amounts of coverage shall be
subject to approval by Augusta. Additionally, J&B Construction 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 ar 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 agee that
there are no commitments, agreements, or understandings concerning the subject matter of this
agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. Augusta is not obligated to provide funding of any kind to J&B Construction 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.
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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 WI�EEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(Augusta)
SEAL /'� �.� `
By: l --
��� Davi . Copenhaver
As Its Mayor
Lena Bonn ������
Clerk of Commission
Frederick Russell
Administrator
Chester A. Wheeler, III
Director, AHCD
ATTEST:
J& B CONSTRUCTION AND SERVICES, INC.
(Grantee)
SEAL
By:
As Its Corporate Secretary
(Plain Witness)
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APPENDIX "A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Housing and Community Development Department agrees to
provide up to $119,972.25 in Fiscal Year 2011 Laney Walker Bond Financing funds to
J& B. These funds will support the completion of the Pine Street Lane East 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.
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
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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
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 final 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. AHCI�D 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 13
APPENDIX "B"
REPORTING REQUIRMENTS
APD shall submit to the Grantee the following reports for the term of this Agreement.
1. Weekly Status Reports
a. Due by 10:00am Monday morning for the previous week. Report will
contain actual/estimated costs/date, issues and concerns. MS Project
schedule will be manually updated so that 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 otYier 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 14
APPENDIX "C"
FINANCING LETTER
Augusta Housing and Community Development Page 15
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 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 Paint Hazards in Housing Receiving Federal Assistance and
Federally-Owned Residential Property being sold, Final Rule
10. Augusta-Richmond County Procurement Policy
1 l. Conflict of Interest Affidavit.
FORMS
l. Reimbursement Form
Augusta Housing and Community Development Page 16
_ _ _ __
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.
•"Standaxd Plumbing Code", latest edition, Southern 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,
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.
• Part 1910- Occupational Safety and Health Standaxds, 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 of the National Historic Preservation Act 916 U.S.C. 470�.
Project Review: All plans, specifications, work write-ups, projected cost estimates, punch lists
or other means of outlining work on a particular proj ect 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 Deparhnent
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.
Augusta Housing and Community Development Page 17
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 18
SEC�`I4N �
�'��P�SA�L
1�A' �,; Julv I I, 20I 1
�Crentlemen:
In carnpliance with yc�uz invitatian for bids, Lhe unders�gned hereby proposes to furnish
a.li labox, ec�uipm�at �rad materials, an�i ta perfarm aIl work fox the project r�ferred �.o herein as:
P]ENE STREET LANE E�T
in strict accardance with the Contr�act Documents and in cansidera�ion of the amaunts shawtt on
the bid sehe3ule attacheri hereto and tota�ing:
ONE HDL3DRED 1�TETEE� TSOIISAI3D I�dII�E HFTNDRID SEVEHTY TWO D€}LLARS�A T'WENTY
�
F� c�s and I100 dollars { 1Z9,972.25 )
The und�rsi�ne�i hereby agrees t.hat, upon wrii�en acceptanca of this h�fl, he v��ill
with�n 10 days af receipt of such notice exeeute a fom�al eont�act agreement �vit� the Owner,
and �hat he will provzde the �aond or gaar�ztees required by the cantract documents.
'I`i�.e undersigned hereby agrees that, if av,�arc�ed the contraet, he v�ill cammence
the woric withan Ten (1 a} caiendar days after th� date flf u�itten natice to pmceed, and that he
will caznplete the wark withi2zone gundrad fifty C� calent�u days after the date of such .
notice.
The undersigned acknc�wleciges receipt of the following adc�enda:
_ >,.
Enctosed is a bid guarant�e, cansisting af �� �aIISAND NIN� HI�DRID �E'TY DC} LT.kR. ^ S
In ttze amount of �� � 998 _ 61 Ai�ID S�TY OT
CEt�TS
Respect.fuily submitted,
� J� B Coastxuctioa aad SP�+=o; ce�, Zn�
FIRM 1�tAME
3S5Q Gordan Ai�hway. Grovetr� r,e 308� �
BUSIAiESS RESS
�I':
TiTLE ress�er:t .
�' - 1
$� ��i '� ���..� ��T�, �'�"R��?'i`
L.�.NE EAS'�
2010-Q25 8 .
TO ACCOI�PANY `I`�� P1�U��SAL, OF
$jj�i7�; J& B ConsCruction and Seraices, Inc.
����S 35SQ Gordon Highr�
Groveto�rn, GA 308I3
ITE� 1'�Ft}. DE�CRIFTIf3N,�U�;NTI'�Y. U1rTr'I` & U�YT P�ICE AMOLINT
1. T'erviaus Concrete Paving, �" ,
Ifl5 SY� � - � $ 53.55 /�� � „�.622.75 y�;_
2. Gancrete Paving, Unreinforced, 6"
720 SY @ � 3�.so /�Y �2�.z�.�.oa `�' `
3. C)pen Graded Stone Base, D�pth Varies
825 SY �a $ 15. 75 /SY $�, 49� _ 7S k '�
4. Asphalf. �verlay, I .5"
��0 SY @ � io.5o lSY � �, ��a c�D ,.,�
5. Asp�alt Binder, 2 ,
24f} SY @ $ 12.60 /�� $ 3,Q2�.OD `�
b. Graded Aggregate Base, 1 �`/�"
2�0 1S'Y ioso � z,s2o.oa "�
7. Do Nat Enter Sig�., RS-1, 3t�"x30" •---
2 EA @ $ 21t}.00 JE.A. � 42�.00 ✓
$. Stop Sign, Rl-I, 34"x30" ,/ �
1 EA @ � 214.00 lEA $ 21d_t�o�
9. One Vday �ign, �b-1, 36"x�2" �
2 EA Q � 2�0.00 /EA � 4zo_oo
1 t7. 24" Concrete Curb c� Gutte�
8Q L�' @ � 2i:oo /LF . � i.68�.oa�
11. Sche�e 40 PVC Fipe, Perf'orated, 6"
�4� �,F @ � 2G . 25 /LF $ t j _ 6�]�5 '�
I2. Schedule 4c7 FVC lFipe, Solid, 6°'
S9 LF� �a � 52.50 ll,r $ �., ��2 _ �� �..`�.
P-2
�'I`�1�� ��. �1���`��'1'��IV. ��3�.i�I'I`�, ��' � �.TNI'.�' �R��� ��IJ1�T'I'
� 13. T'ie ta Existing Stflrm System Y `"
1 �A @ � 2,lvo.�a IEA � 2,ioa.�o
14. Concrete Sidewalk, 4" ` ,i
55 SY @ $ �7.so ISY $ 2,a7s.00 `
I5. t�%ater Services, with Road Repair ,/'
4 �A @ � Z57 .5U IEA � I , 4I7 .50
� b. Sewer Seruices, with Roa� Regair f
9 EA �a, $ 1s7.5a �� � 1.417 _ so
I 7. LTa.mp Sum Construction 79 , 994, Z5
Prc�pemy Restoratian
Erosinn Cantrol, Compiete
- `°4 Traffic Cantrol - . ...
Abandon Existing Services
Clearing 8; Gnzbbuzg
Tree Protection
3viiscellaneous Gradixig, Complete
MubiiizationlDernobilizaLian
Bonds & Insurance
I.ump S�rn $ 39 , 9 78 . 00
. �ASE BI�? GRt�l�T�3 T�"�"AL $ 119 , 972 . 25
*AlI iterns vvhich must be removed �y the contra,ctor during canst�ct�an and �vhich
are not specifically shown tv be paid far ati�erwise are ta be rer�tovec� or remoued
and reset wi�hout additionat pay�ent. AiI costs for �his removal ar reznoual agd
resetting (if necessarSr} shall be included in t�ze pay item "Lump Sum Consfru�iQn."
Aiso, any othar item required witt�out a specif�c p�y item shaIl b� included in
°`Ltunp Su� Canstruction," `
�-3