HomeMy WebLinkAboutContract between Augusta Ga and CIM of Augusta amount of $12,244.15 -Thirty Four Thousand Eight Hundred ad Fourteen dollars & 75/100 for fiscal yr 2011 providing for NEIGHBORHOOD STABILIZATION PROGRAM 1 CDBGWITNESSETH
CONTRACT
between
AUGUSTA, GEORGIA
And
CIM of Augusta
in the amount of
$12,244.15
Thirty -Four Thousand Eight Hundred and Fourteen Dollars & 75/100
for Fiscal Year 2011
Providing funding for
NEIGHBORHOOD STABILIZATION PROGRAM I
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
"2548 Winterville Drive Augusta, GA 30909 Construction Services - Rehabilitation"
THIS AGREEMENT ( "Contract "), is made and entered into as of the 23 day of June 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., 2n Floor, Augusta, Georgia 30901, as party of the first part, hereinafter called
"Augusta or AHCD ", and CIM of Augusta, a general contractor, organized pursuant to the Laws of the
State of Georgia, hereinafter called "Blount's" as party in the second part.
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a Neighborhood Stabilization Program Participating Jurisdiction, and has
received Neighborhood Stabilization (hereinafter called NSP or the NSP Program) funds from HUD
for the purchase of foreclosed or abandoned homes to rehabilitate, resell, or redevelop these NSPs in
order to stabilize neighborhoods and stem the decline of house values of neighboring homes; as
defined by HUD; and
WHEREAS, Augusta wishes to increase multi - family homeownership opportunities and preserve and
increase the supply of affordable housing for eligible low and moderate income families through
eligible uses of its NSP Program grant funds, as described in the Augusta - Richmond County
Consolidated Plan 2010 -2015, and the Year 2011 Annual Action Plan; and
WHEREAS, Augusta wishes to enter into a contractual agreement with CIM of Augusta for the
administration of NSP eligible affordable housing development activities; and
WHEREAS, this activity has been determined to be eligible NSP activity and will meet one or more
of the national objectives and criteria outlined in Title III of Division B of the Housing and Economic
Recovery Act, 2008(HERA).
WHEREAS, this activity has been determined to be an eligible CDBG activity therefore the
developer is required to comply with the Community Development Block Grant Program regulations
at 24 CFR Part 570 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, as amended, at 49 CFR 24.
WHEREAS, CIM of Augusta has been selected and approved through a change to the Substantial
Amendment submitted to the U. S. Department of Housing and Urban Development (HUD) for
development partners to assist in the redevelopment of NSP eligible communities based on designated
zip codes selected prior by HUD as areas of greatest need.
WHEREAS, CIM of Augusta has agreed to provide services funded through this contract free from
political activities, religious influences or requirements; and
WHEREAS, CIM of Augusta has requested and Augusta has approved a total of $12,244.15 in funds
to perform NSP 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:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description: CIM of Augusta agrees to utilize approved NSP funds to support project related
costs associated with the 2548 Winterville Drive project. This project is a single - family affordable
housing effort which involves rehabilitation of a single - family housing unit .
The CONTRACTOR shall do all the work and provide all the materials, tools, machinery,
supervision, etc., necessary for the rehabilitation of the property located at 2548 Winterville
Drive Augusta, GA 30909, all in accordance with the Work Write -Up which was submitted to
provide cost estimate on June 10,2011 hereto and expressly incorporated herein by reference
and made a part hereof.
B. Use of Funds: NSP funds shall be used by CIM of Augusta for the purposes and objectives
stated in Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of NSP
funds for any other purpose(s) is not permitted. The following summarizes the proposed uses
of NSP Program funds under this Agreement:
1. Construction
An amount not to exceed $12,244.15 shall be expended by CIM of Augusta from NSP
Program funds for rehabilitation costs related to the development of an affordable single -
family housing unit as part of the Winterville DR. Project. Funds will be used to assist with
the cost of all rehabilitation related fees.
The addresses for this project
(a) 2548 Winterville Drive Augusta, GA 30909
CIM of Augusta will not be required to leverage funding through a construction loan as this
contract is for construction services only.
2
2. Developer's Fee
Not applicable.
3. Construction Interest
Not applicable.
C. Program Location and Specific Goals to be Achieved
CIM of Augusta shall conduct construction related activities and services in its project area
(also known as Asbury Hill) incorporated within the following boundaries: Winterville Drive
on the East and Culverton Drive on the North and its designated geographic boundaries
approved by AHCD.
D. Project Eligibility Determination
It has been determined that the use of NSP funds by the CIM of Augusta will be in compliance
with Division B, Title III of the Housing and Economic Recovery Act (HERA) of 2008.
Notwithstanding any other provisions of this contract, CIM of Augusta 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
CIM of Augusta will be compensated in accordance with this Article II, Budget and Method of
Payment, that specifically identifies the use of NSP and other project funding as represented in Article
II.C.2 of this Agreement. CIM of Augusta will carry out and oversee the implementation of project to
be funded with NSP funds. CIM of Augusta agrees to perform the required services under the general
coordination of the Augusta Housing and Community Development Department. In addition and
upon approval by Augusta, CIM of Augusta, may engage the services of outside professional services
consultants and contractors to help carry out the program and projects.
A. Augusta shall designate and make NSP Project funds available in the following manner:
1. Augusta agrees to pay CIM of Augusta, a maximum of $12,244.15 under this agreement for
project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to CIM of
Augusta compliance with all terms and conditions of this agreement and the procedures for
documenting expenses and activities as set forth in ARTICLE V.
2. The method of payment shall be on a reimbursement basis. For invoicing, CIM of Augusta
will include documentation showing proof of payment in the form of a cancelled check or
check register and completed reimbursement form that includes amount requested, amount
remaining and specific line items names that relate to contract budget found in Appendix A.
3. AHCDD will monitor the progress of the project and CIM of Augusta' performance on a
weekly basis with regards to the production of housing unit and the overall effectiveness of
proj ect.
3
4. Upon the termination of this agreement, any unused or residual funds remaining shall revert to
Augusta Housing and Community Development and shall be due and payable on such date of
the termination and shall be paid no later than thirty (30) days thereafter.
5. Funds may not be transferred from line to line item in the project budget without the prior
written approval of Augusta.
6. The use of funds described in this agreement is subject to the written approval of the U. S.
Department of Housing and Urban Development.
7. This Agreement is based upon the availability of NSP Program Funds.
B. Project Financing
The Augusta Housing and Community Development Department (AHCDD) will provide one
hundred percent (100 %) of the total construction costs of this project.
Additionally, this funding is being committed specifically for construction related costs as
well as for other project related costs.
C. Timetable for Completion of Project Activities
1. CIM of Augusta shall obligate the designated NSP funds within forty -f ye ( 45) days of
the date of execution of this Agreement. Based on the budget outlined in D.2 below, CIM of
Augusta will provide a detailed outline of projected expenditures. This document will become
an official part of the contractual agreement and provide the basis for overall project
performance measurements.
D. Project Budget: Limitations
1. CIM of Augusta shall be paid a total consideration of no more than $12,244.15 for full
performance of the services specified under this Agreement. Any cost above this amount shall
be the sole responsibility of the CIM of Augusta. 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 CIM of Augusta.
2. CIM of Augusta shall adhere to the following budget in the performance of this contract.
A. Project Activity Cost $11,984.15
Construction Permits 250.00
Construction Contingency N/A
TOTAL NSP /CDBG PROJECT COST: $12,244.15
ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)]
1. The Resale/Recapture Provisions in this Article III shall ensure compliance with the NSP
Program "Period of Affordability" requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR
92.254 requires that the City, its sub - recipients, and CHDOs follow certain resale /recapture
4
restrictions with regard to its NSP- funded homebuyer program. Each property sold to a NSP
recipient will remain affordable for the duration of the affordability period or the City will use
the recapture option.
A. Recapture Provisions 124 CFR 92.254(5)(ii)1
Not Applicable.
ARTICLE IV. TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by Augusta
and CIM of Augusta (whichever date is later) and shall end at the completion of all program activities,
within the time specified in Article C.1., or in accordance with ARTICLE VIII: 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
the CIM of Augusta or any subcontractor hereunder. All payments to the CIM of Augusta by
Augusta will be made on a reimbursement basis.
B. CIM of Augusta shall maintain a separate accounting process for NSP funding sources.
C. CIM of Augusta shall not use these funds for any purpose other than the purpose set forth in this
Agreement.
D. Subject to CIM of Augusta 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 CIM of Augusta for payment shall be accompanied by proper documentation and
shall be submitted to AHCDD, transmitted by a cover memo, for approval no later than thirty
(30) calendar days after the last date covered by the request. For purposes of this section, proper
documentation includes: "Reimbursement Request" form supplied by AHCDD, copies of
invoices, receipts, other evidence of indebtedness, budget itemization and description of specific
activities undertaken. Invoices shall not be honored if received by Augusta later than sixty (60)
calendar days after expiration date of this Agreement.
G. CIM of Augusta shall maintain an adequate financial system and internal fiscal controls.
H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the
CIM of Augusta.
ARTICLE VI. ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
5
CIM of Augusta 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 provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of CIM of Augusta. No person described above
who exercises, may exercise or has exercised any functions or responsibilities with respect to
the NSP 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
with 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. CIM of Augusta 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)
B. Augusta may, from time to time, request changes to the scope of this agreement and
obligations to be performed hereunder by CIM of Augusta. In such instances, CIM of
Augusta shall consult with AHCDD 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 CIM of Augusta.
C. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement.
ARTICLE VII. OTHER REQUIREMENTS
A. Fair Housing
CIM of Augusta agrees that it will conduct and administer NSP 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 affumatively further fair housing. One suggested activity is to
use the fair housing symbol and language in CIM of Augusta' publications and/or
advertisements. (24 CFR 570.601).
B. Ownership Interest
Not Applicable.
C. Non - Discrimination
CIM of Augusta 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. Labor Standards
6
1. General: CIM of Augusta agrees that in instances in which there is construction work
over $2,000 financed in whole or in part with NSP funds under this Agreement, CIM
of Augusta will adhere to the Davis -Bacon Act (40 USC 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 USC
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)
2. Labor Matters: 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. (24 CFR 570.603)
E. Environmental Standards
CIM of Augusta agrees that in accordance with the National Environmental Policy Act of
1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and
regulations, and that no activities will be undertaken until notified by Augusta 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 pursuant to (24 CFR 570.604).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001 - 4128), J &B
Construct agrees that 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.
G. Displacement and Relocation
CIM of Augusta agrees to take all reasonable steps to minimize displacement of persons as a
result of NSP assisted activities. Any such activities assisted with 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).
H. Non - Discrimination in Employment
CIM of Augusta 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. CIM of Augusta will in all
solicitations or advertisements for employees placed state that all qualified applicants will
receive consideration for employment without regard to race, color, religion, sex, national
origin or familial status.
7
Employment and Business Opportunities
CIM of Augusta agrees that low and moderate income persons residing within Augusta -
Richmond County; and that contracts for work in connection with the project be awarded to
eligible business concerns which are located in or owned in substantial part by persons
residing in Augusta - Richmond County - (24 CFR 570.697).
J. Lead -Based Paint
In accordance with Section 92.355 of the NSP Regulations and Section 570.608 of the CDBG
Regulations, CIM of Augusta 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.
K. Debarred, Suspended or Ineligible Contractor
CIM of Augusta agrees to comply with 24 CFR 570.609 with regards to the direct or indirect
use of any contractor during any period of debarment, suspension or placement in ineligibility
status. No contract will be executed until such time that the debarred, suspended or ineligible
contractor has been approved and reinstated by AHCDD.
L. Drug Free Workplace
In accordance with 24 CFR part 24, subpart F, CIM of Augusta 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.
M. Publicity
Any publicity generated by CIM of Augusta 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 Georgia in making the project possible. The words "Augusta
Georgia 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.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43, if CIM of Augusta fails to expend its grant funds 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 VIII. For purposes of
this Agreement, timely expenditure of funds means CIM of Augusta shall obligate and expend
its funds as designated under ARTICLE H. (C).
O. Compliance with Laws and Permits
CIM of Augusta shall comply with all applicable laws, ordinances and codes of the federal,
state, and local governments and shall commit no trespass on any public or private property in
8
P. Assignment of Contract
Q.
performing any of the work embraced by this contract. CIM of Augusta agrees to obtain all
necessary permits for intended improvements or activities.
CIM of Augusta shall not assign any interest in this contract or transfer any interest in the
same without the prior written approval of Augusta.
Equal Employment Opportunity
CIM of Augusta agrees to comply with the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07) and implementing
regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals
with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 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.
R. Affirmative Action
CIM of Augusta will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. CIM of Augusta will
take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, national origin, or CIM
of Augusta social status. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or advertising; lay -off or
termination, rates of pay or other forms of compensation; and selection for training, including
apprenticeship. CIM of Augusta 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.
S. Religious Influence
CIM of Augusta will not discriminate against any employee or applicant for employment on
the basis of religion and will not give preference of persons on the basis of religion. CIM of
Augusta will not discriminate against any person applying for shelter on the basis of religion.
CIM of Augusta will provide no religious instruction or counseling, conduct no religious
worship or services, engage in no religious proselytizing and exert no religious influence in
the provision of shelter and other eligible activities funded by this grant.
T. Indirect Costs
Indirect costs will only be paid if CIM of Augusta has an indirect cost allocation plan
approved by the Department of Housing and Urban Development prior to the execution of this
Contract.
U. Travel
AHCDD shall not approve any travel or travel related expenses to CIM of Augusta with funds
provided under this contract.
9
V Construction Requirements - SEE APPENDIX C
All housing units newly constructed with NSP Program funds must, before occupancy, meet
the Property Standards specified at 25 CFR 92.251 [the NSP Program Regulations]. The
Property Standards at 24 CFR 92.251 require that the NSPs receiving NSP Program funds
must meet all local codes for new construction. In the absence of local codes, properties must
meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this
Agreement is "new construction" by NSP Program definition and therefore must meet the
local building codes for new housing in Augusta Georgia, as applicable.
ARTICLE VIII. SUSPENSION AND TERMINATION
A. In the event CIM of Augusta 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 CIM of Augusta
cures any breach of the agreement. If CIM of Augusta fails to cure the breach, Augusta may
suspend or terminate the current award of NSP funds for CIM of Augusta.
B. Notwithstanding the above, CIM of Augusta 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 CIM of
Augusta 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 Agreement, Augusta shall pay CIM of Augusta, for documented
committed eligible costs incurred prior to the date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, CIM of Augusta 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 NSP 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:
Office of the Administrator
Municipal Building
530 Green Street, Suite 801
Augusta, Georgia 30911
With copies to:
Augusta Housing and Community Development Department
10
925 Laney Walker Blvd., 2 Floor
Augusta, Georgia 30901
CIM of Augusta will receive all notices at the address indicated below:
CIM of Auzusta,
872 Bennock Mill Rd
Auyiusta, GA. 30906
ARTICLE X. INDEMNIFICATION
CIM of Augusta 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, CIM of Augusta
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 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 XI. INSURANCE AND BONDING
CIM of Augusta 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, CIM of Augusta 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
CIM of Augusta handling or charged with the responsibility for handling funds and property pursuant
to this contract. CIM of Augusta 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, CIM of Augusta 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 CIM of
Augusta 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 XII. PRIOR AND FUTURE AGREEMENTS
11
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 CIM of Augusta 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.
ARTICLE XIV. 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:
ATTEST'
SE
ATTEST:
SEAL
, Lena B y�er / .
9-
C1 o on 'ssi6$''
CE ORG 1
Qw�iOR� b.
As Its Corporate Secretary
020
12
AUGUSTA, GEORGIA
(Augusta)
By:
a t David S. Copenhaver as Its Mayor
Ff'derick Russell, Administrator
Chester A. 'I eeler, III Dir-ctor, AHCD
CIM OF AUGUSTA
(Grantee)
BY. I/LPAaUO
(Plain Witness)
Statutes: (Available on Request)
APPENDIX A
Section 2301(c)(2), Neighborhood Stabilization Program ( "NSP1 ")
OMB Circular A -110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations
OMB Circular A- 122 - Cost Principles for Non - Profit Organizations
OMB Circular A -133 - Audits of Institutions of Higher Education & other Non - Profit Institutions
40 USC 276 Davis -Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
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
Augusta - Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
Contractor's Work Write -Up (Exhibit B)
13
APPENDIX B
REPORTING REQUIREMENTS
CIM of Augusta shall submit the following reports for the term of this agreement.
1. Weekly Drawdown Request
Due by 12:00 noon on Tuesdays for the previous week. Report will contain actual
costs to date for all work having been inspected and approved for payment as part of
this Agreement and any issues, hereby described as change orders, which have been
approved for payment. Project costs and schedule will be manually updated to reflect
on master schedule.
2. Monthly /Quarterly Progress & Financial Reports
N/A
3. Annual Progress Report (January 16, 20xx)
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 medical
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.
14
APPENDIX C
CONSTRUCTION REQUIREMENTS
1. All construction projects shall comply with Federal, State, and local codes and ordinances,
including, but not limited to, the following:
A. "Standard Building Code ", 2000 Edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
B. "Standard Plumbing Code ", latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc.,
Birmingham, Alabama.
D. "National Electric Code ", latest edition, National Fire Protection Association, Quincy,
Massachusetts.
E. Model Energy Code, 1997, Council of American Building Officials.
F. "ADA Accessibility Guidelines for Buildings and Facilities ", Department of Justice,
American with Disabilities Act of 1990 ".
G. Williams- Steiger Occupational Safety and Health Act of 1970, Public Law 91 -596.
H. 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).
I. 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.
J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f).
2. Bidding:
A. Only contractors included on the Augusta- Richmond County Housing & Community
Development Department Approved Contractor List may bid on construction projects
funded with NSP funds
B. All bids will be awarded to the lowest bidder submitting an accurate and qualified bid.
C. All bidding documents and procedures will be made available for AHCDD review upon
request
3. Eligible Contractors: Any contractor desiring to bid on NSP or CDBG projects may apply for
inclusion on the AHCDD Approved Contractor List. Applications will be processed and either
approved or disapproved within 10 working days. Under no circumstances will barred,
disapproved, or otherwise ineligible contractors be allowed to bid on NSP funded projects.
15
4. 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 or
AHCDD's agent will review these items for compliance with new construction and/or
rehabilitation standards and materials use.
5. 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. A copy is enclosed for inclusion.
6. Inspections. All projects will be inspected and approved by an AHCDD Construction and
Rehabilitation Inspector or AHCDD's agent prior to release of the funds for that project.
16
EXHIBIT "A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
Augusta through the Housing and Community Development Department agrees to provide up
to $12,244.15 in Year 2011 NSP funds to CIM of Augusta. These funds will support
rehabilitation of one affordable single - family residential unit in connection with the
Winterville Drive Project. See attached Contractor's Work Write -up (Exhibit B).
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 CIM of Augusta in accordance with the attached budget.
3. AHCDD will provide the lot on which all new affordable homes are to be built under this
agreement and in connection with the Winterville Drive Project.
4. With AHCDD approval, CIM of Augusta, may use NSP funds under this agreement for the
following purposes:
a. To support construction 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 authorize delays, AHCDD may:
1. Terminate the contractor in accordance with the "Provisions for Augusta Housing and
Community Development Department (AHCDD)" clause of this contract.
2. Assess liquidated damages of fifty dollars ($100.00) 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:
1. 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.
2. To any acts of the Owner that hinder the progress of the work;
3. To causes not reasonable foreseeable by the parties to this contract at the time
of 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
17
restrictions; strikes; freight embargoes; and weather of unusual severity such
as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and
4. 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 contact.
6. Construction Costs and Requirements
a. CIM of Augusta will provide construction services for the project to ensure that
construction work is being carried out in accordance with plans, specifications and the
proj ect budget.
b. CIM of Augusta must make sure it obtains and posts all permits on job site. Prior to
releasing final payment on each house, CIM of Augusta, must also secure a Certificate of
Occupancy that has been issued by the Department of Licenses and Inspection.
c. CIM of Augusta must collect progress and final lien releases from the subcontractors and
material suppliers to ensure proper payment.
d. 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 project is not on schedule.
EXHIBIT "C"
PROJECT SCHEDULE OF COMPLETION
CIM OF AUGUSTA MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS
EXHIBIT C - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER
SIGNING 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.
18
GENERAL INFORMATION: UNIT = SF.(SQUARE FEET), SQ (SQUARE), LF (LINEAR FEET) ,
rAF ---
' 27 //
EA ( _ (LUMP SUM), YD(YARD)
COLUMN
A
Enter Materials
COLU
MN
B
UNIT
COLUMN
C
Quantity
COLUMN
D
MATERIAL
COST PER
UNIT
COLUMN
E
TOTAL MATERIAL
COLUMN
F
LABOR COST
PER UNIT
COLUMN G
TOTAL LABOR
COLUMN H
TOTAL COST MAT &
LABOR
COLUMN
I
PROFIT & OVER HEAD
@ 15%
TOTAL COST PER SECTION
DEVELOPERS NAME
AHCDD
CONTRACTOR C if vi 1 or
liuC uiciii
DEVELOPERS ADDRESS
2548 Winterviile Drive
ADDRESS
P 72 BeN
j - i i y i 1 1 f
City, State, Zip
Augusta , Ga 30909
CITY,STATE,ZIP uc u S
( ; 4 3e 06
Phone
PHONE
1 Ox" V 7 c / i `7
1 1®q 7 b�
7 ! ri — 3
CABINETS & APPLIANCES
Description
UNIT
Quantity
Material Costs
PER UNIT
TOTAL MATERIAL
LABOR COST
PER UNIT
TOTAL LABOR
TOTAL COST
MATERIAL & LABOR
PROFIT & OVERHEAD
@ 15%
TOTAL COST PER SECTION
Rework cabinets ( paint)
LF
16
COUNTER TOP LAMINATE
(builders grade) Counter Top over
sink is to have a 36'1 over hang
SF
54
LI 3 5
3 5'
1
�
Vf 5
2 ` 5
73
_
i t
637. 5 0
Frigidaire Gallery 24 -Inch Built -In
Dishwasher (Color: Stainless Steel)
ENERGY STAR item # 42959 I Model #
FGHD2433KF
EA
1
//�
` l v
�
WO
��
,
e � / 0"
Li 3 / ?
Frigidaire 1.7 Cu. Ft. Over the - Range
Microwave (Color: Stainless Steel)
Item# 27680 I Model # FGMV174KF
EA
1
5
�3 ., o
light in kitchen Light supplied by
AHCDD
LS
1'
Change batteries in smoke detectors
LS
I 0
, 1 C
( ' ' 0
Augusta Housing & Community Development Department
925 Laney Walker Blvd., 2Nd Floor - Augusta GA. 30901
(706) 821 - 1797b - Fax (706) 821 - 1784 www.augustaga.gov
Kitchen Write -up
Chester A. Wheeler, III Directo
TOTAL WRITE -UP
Internal Work Write -up
Material Costs
PER UNIT
TOTAL MATERIAL
LABOR COST
PER UNIT TOTAL LABOR
TOTAL COST PROFIT & OVERHEAD
MATERIAL & LABOR @ 15%
M I1 .tWD111111
Remove vin 1 tile on floor
Remove trim rom walls (see
pictures),
lc
100
TOTAL h $ q - 75 $ 75 - $ 1 qlo- $ 2 1. J $ 1, )21 5
Models are only used for a price point
DEMOLITION CLEAN -UP
Description
Remove counter tops;tile on
floor /wall
LS
20
Remove tile, counter top
and vinyl from floor ,DO
NOT REMOVE CABINETS
0 co
Remove box frame .
remove, chair ,remove trim
on corners of the doorways
. Do not remove crown or
base board
TOTAL COST PER SECTION