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HomeMy WebLinkAboutJ. LOVETT HOMES & CONSTRUCTION IN THE AMOUNT OF $123,801.35 FOR FISCAL YR 2011 HOME INVESTMENT PARTNERSHIP "SINGLE FAMILY UNIT-2534 DOVER STREET534 DOVER STREETCONTRACT Between AUGUSTA, GEORGIA And J. LOVETT HOMES & CONSTRUCTION LLC In the amount of $123,801.35 One Hundred Twenty -Three Thousand Eight Hundred One Dollars & 35/100 For Fiscal Year 2011 Providing Funding From HOME Investment Partnership "Single Family Unit — 2534 Dover Street" THIS AGREEMENT ( "Contract "), is made and entered into as of the 7 day of February , 2012 ( "the effective date ") by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as "AHCDD ") — with principal offices at 925 Laney Walker Blvd., 2 Floor, Augusta, Georgia 30901, as party of the first part (hereinafter called "Augusta "), and J. Lovett Homes & Construction, LLC, a general contractor, organized pursuant to the Laws of the State of Georgia (hereinafter called "Lovett ") as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (hereafter called HUD) as a Participating Jurisdiction, and Augusta 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 Lovett for the construction of a three bedroom single family unit located at 2534 Dover Street as an eligible affordable housing development activity; and Augusta Housing and Community Development Department Page 1 WHEREAS, this activity has been determined to be an 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. Lovett Homes has been selected and approved through a solicitation process for development to assist in the construction of the Dover Street community. WHEREAS, Lovett has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions: A. Scope of Services ARTICLE I. SCOPE OF SERVICES a. Project Description J. Lovett Homes & Construction, LLC, the general contractor, agrees to utilize approved funds to support project related costs associated with the Dover Street Project -2534 Dover Street Single Family in accordance to the Work Write -Up, which is attached hereto. This project is the construction of an affordable housing effort which involves development and construction of a new single family unit within the Dover Street Community. Under this agreement: i. Perform new construction services for a single family unit at 2534 Dover Street. ii. May begin to work on this project on February 13, 2012. Must complete all work no later than one hundred twenty (120) consecutive working days from the start date. The scheduled completion date for this project is June 18, 2012. Augusta Housing and Community Development Department Page 2 B. Use of Funds HOME funds shall be used by Lovett for the purposes and objectives stated in Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of HOME funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this agreement: a. Construction Loan An amount not to exceed $123,801.35 shall be expended by Lovett from year 2011 HOME funds for construction costs related to the development of an affordable single family unit in the Dover Community. The design and specifications has been approved by AHCDD for construction (Exhibit A). Funds will be used to assist with the cost of all construction related fees. This unit will be constructed by Lovett and sold to eligible homebuyers. The address for this project is: 2534 Dover Street, Augusta , Georgia 30901 The total construction cost is estimated to be approximately $123,801.35. Initial: C. Program Location and Specific Goals to be Achieved Lovett shall conduct project development activities and related services in its project area (also known as the Dover -Lyman Community) that incorporates the following boundaries: Deansbridge Road to the North, Frohman Street to the South, Shearton Drive to the West, and Lyman to the East and its designated geographic boundaries approved by AHCD. D. Project Eligibility Determination It has been determined that the use of HOME funds by J. Lovett Homes will be in compliance with 24 CFR Part 92. Notwithstanding any other provisions of this contract, Lovett shall provide activities and services as described in the description of the project, Augusta Housing and Community Development Department Page 3 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 Lovett will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of HOME funds and any other project funding as represented in Article II. C. 2 of this Agreement. Lovett will carry out this project with implementation oversight provided by AHCD . Lovett agrees to perform the required services under the general coordination of AHCDD. In addition and upon approval by Augusta, Lovett 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 HOME funds available in the following manner a. Augusta agrees to pay Lovett a maximum of $123,801.35 under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Lovett 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, Lovett 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. AHCD will monitor the progress of the project and Lovett's performance on a daily 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. Augusta Housing and Community Development Department Page 4 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. The use of funds described in 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 HOME funds. Augusta Housing and Community Development Department Initial: B. Project Financing AHCDD will fund a hundred percent (100 %) of the total construction costs of this single project: Funding is being committed specifically for construction related costs (permits, footings, foundation, etc.). Initial: C. Timetable for Completion of Project Activities Lovett shall obligate the designated HOME funds by June 18, 2012. Based on the budget outlined in C.2 below, AHCDD 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. Lovett shall complete this project no later than 120 Days from the effective date of this Agreement "February 7 , 2012" unless otherwise approved by Director of AHCDD. The penalty for non - completion is $200 a day for every day over the stated deadline. D. Project Budget: Limitations Lovett shall be paid a total consideration of $123,801.35 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Lovett. It is also understood by both parties to this contract that the Page 5 funding provided under this contract for this specific project shall be the only funds provided by Augusta - unless otherwise agreed to by Augusta and Lovett. Lovett shall adhere to the following budget in the performance of this contract: Construction . $123,801.35 Total Project Activity Cost $123,801.35 Initial: ARTICLE III. RESALE/RECAPTURE PROISIONS [24 CFR 92.254(5)] The Resale/Recapture Provisions in this Article III shall ensure compliance with the HOME Program "Period of Affordability" requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 required that the City, its subrecipients, and CHDOs follow certain resale /recapture restrictions with regard to its homebuyer program. Each property sold to a homebuyer will 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 AHCDD shall capture the HOME funds which will ensure that the recaptured HOME Program funds are reinvested in other affordable housing in Augusta for low and moderate - income persons. This shall be accomplished through deed restrictions, property liens, and contractual obligations, as described in Article I.B of this Agreement. ARTICLE IV. TERM OF CONTRACT The term of this Agreement shall commence on the date when this agreement is executed by Augusta and Lovett (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 Termination. Augusta Housing and Community Development Department Page 6 ARTICLE V: DOCUMENTATION AND PAYMENT A. This is a pay- for - performance contract and in no event shall Augusta provide advance funding to Lovett, or any subcontractor hereunder. All payments to Lovett by Augusta will be made on a reimbursement basis. B. Lovett shall not use these funds for any purpose other than the purpose set forth in this Agreement C. Subject to Lovett's compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. 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. E. Requests by Lovett 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. F. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by J. Lovett Homes. Initial: 2 Augusta Housing and Community Development Department Page 7 ARTICLE VI. ADMINISTRATIVE REQUIREMENTS Lovett 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 Lovett. 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, 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 Lovett. In such instances, Lovett 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 Lovett. 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. Augusta Housing and Community Development Department Initial: Page 8 ARTICLE VII. OTHER REQUIREMENTS A. Lovett agrees that it will conduct and administer HOME 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 Lovett publications and /or advertisements. (24 CFR 570.601). B. Lovett agrees that the ownership in the housing assisted units must meet the definition of "homeownership" in §92.2. C. Lovett 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. Lovett 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, Lovett 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 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. Lovett 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 Augusta Housing and Community Development Department Page 9 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 HOME 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 will be undertaken by AHCDD. I. Lovett 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. Lovett 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. Lovett will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Lovett 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. Lovett 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, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07 -CV- 019 (S.D. GA 2011). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. Lovett agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. Augusta Housing and Community Development Department Page 10 L. Lovett 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. Lovett 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, Lovett 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 Lovett 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 Lovett 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. Lovett 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 Augusta Housing and Community Development Department Page 11 performing any of the work embraced by this contract. Lovett agrees to obtain all necessary permits for intended improvements or activities. S. Lovett shall not assign any interest in this contract or transfer any interest in this same without the prior written approval of Augusta T. Lovett 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, Lovett 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 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 VIII. SUSPENSION AND TERMINATION A. In the event Lovett 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 Lovett cures any breach of the agreement. If Lovett fails to cure the breach, Augusta may suspend or terminate the current award of funds. Lovett will not be eligible to receive any other funding. B. Notwithstanding the above, Lovett 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 Lovett for the purposes of offsetting the exact amount of damages once determined Augusta Housing and Community Development Department Page 12 C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Dover Street 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 Lovett for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Lovett shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HOME funds previously disbursed or income derived therefrom. ARTICLE IX. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notice at the address indicated below: With copies to: Office of the Administrator Municipal Building 530 Greene Street, Suite 801 Augusta, GA 30911 Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2 Floor Augusta, GA 30901 Lovett will receive all notices at the address indicated below: J Lovett Homes & Construction LLC 3403 Mary Lou Court Augusta, Georgia 30906 Augusta Housing and Community Development Department Page 13 ARTICLE X: INDEMNIFICATION Lovett 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, Lovett specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the 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. Augusta Housing and Community Development Department Initial: ARTICLE XI. INSURANCE AND BONDING Lovett 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, Lovett 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 Lovett handling or charged with the responsibility for handling funds and property pursuant to this contract. Lovett shall procure and provide, for approval by Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as named insured the City of Augusta, the Mayor, Commissioners, and Augusta's officers, agents, 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 Lovett 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. Page 14 ARTICLE XII. 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 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 Lovett beyond the term of this Agreement. ARTICLE XIII. 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 and reviewed and acknowledged upon by both parties. ARTICLE XIV. 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. Augusta Housing and Community Development Department Page 15 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: ATTEST: SEAL A„, � ® kaom n � � •' • Lena Bo "ORG1 i , Clerk of Commission (Plain witness) ARTICLE XV. COUNTERPARTS SEAL: By: Augusta Housing and Community Development Department AUGUSTA, GEORGIA (Augusta) By: ' r.���`✓ 44 David S. Copenhaver 2 / As Its Mayor Frederick Russell Chester A. Wheeler, III Director, AHCDD ATTEST: J. LOVETT HOMES & CONSTRUCTION, LLC (Grantee) ozell Lovett, Owner Page 16 APPENDIX "A" PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the Housing and Community Development Department agrees to provide up to $123,801.35 in Fiscal Year 2012 HOME funds to Lovett. These funds will support new construction with the production of approximately 1 affordable single - family residential unit in connection with the construction of 2534 Dover Street. 2. AHCDD must review and approve 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. Construction payments will be released to Lovett 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 Dover Street Project. 4. With AHCDD approval, Lovett 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, 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 Augusta Housing and Community Development Department Page 17 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 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. 6. Construction Costs and Requirements a. The amount that can be used to pay for development costs will be indentified on a project -by- project basis. In no case will this amount exceed the maximum per unit amount defined at 24 CFR 92.250 b. Lovett 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. Lovett must make sure contractors obtain and post all permits on job site. Prior to releasing final payment on each house, Lovett must also secure a Certificate of Occupancy from the contractor that has been issued by the Department of Licenses and Inspections. d. AHCDD must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making the final payment to Lovett. 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 Sales Prices a. The sales price of each home sold in accordance with this agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCDD, the sales price of each house shall be equal to or greater than the appraised value of the house. b. The purchasers of houses constructed must meet the City of Augusta program requirements APPENDIX "D" Augusta Housing and Community Development Department Page 18 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 11. Conflict of Interest Affidavit. 1. AIA Certificate of Payment FORMS EXHIBIT "A" Augusta Housing and Community Development Department Page 19 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., 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 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 of the National Historic Preservation Act 916 U.S.C. 470f). Project Review: All plans, specifications, work write -ups, projected cost estimates, 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. Augusta Housing and Community Development Department Page 20