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HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA GA AND BLOUNTS COMPLETE HOME SERVICES INC $299,337.50 FOR YR 2013 (NEIGHBORHOOD STABILATION PROGRAM 3 SAND RIDGE PROJECT )BLOUNTS COMPLETE HOME SERVICES, Inc. in the amount of $299,337.50 Two Hundred Ninety Nine Thousand Three Hundred and Thirty Seven Dollars & Fifty Cents for Fiscal Year 2013 Providing funding for WITNESSETH CONTRACT Between AUGUSTA, GEORGIA And NEIGHBORHOOD STABILATION PROGRAM 3 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM "Sand Ridge Project Construction Services" THIS AGREEMENT ( "Contract "), is made and entered into as of the _19_ day of March 2013( "the effective date ") by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as "AHCDDD ") - with principal offices at 530 Greene Street, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta or AHCDDD ", and BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called " BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES" 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 -3 or the NSP -3 Program) funds from HUD for the purchase of foreclosed or abandoned homes to rehabilitate, resell, or redevelop these NSP -3s 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 homeownership opportunities and preserve and increase the supply of affordable housing for eligible low and moderate income families through eligible uses of its NSP -3 Program grant funds, as described in the Augusta, Georgia Consolidated Plan 2010 -2015, and the Year 2010 Annual Action Plan; and WHEREAS, Augusta wishes to enter into a contractual agreement with BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES for the administration of NSP -3 eligible affordable housing development activities; and 1 WHEREAS, this activity has been determined to be eligible NSP -3 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, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 -3 eligible communities based on designated zip codes selected prior by HUD as areas of greatest need. WHEREAS, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES has requested and Augusta has approved a total of Two Hundred Ninety -Nine Thousand Three Hundred & Thirty -Seven Dollars and Fifty Cents ($299,337.50) in funds to perform NSP -3 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: BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees to utilize approved NSP -3 funds to support project related costs associated with the Sand Ridge Project. This project is the construction of eight single family detached units. These units will be constructed on land acquired by AHCDDD and funded by the City's NSP -3 program dollars. AHCDDD reserves the right to issue a Notice to Proceed on fewer than four (4) houses at a time. Under this agreement: 4- Perform new construction services for two (2) single- family homes 4. Perform all required and requested marketing and advertising activities, in accordance with "NSP -3" program "Fair Housing" regulations 4 - All projects are to posses the following required components: • Secure required financing to supplement project within the parameters of the draw schedule • Coordinate with Augusta, Georgia for all review /permit processes • Perform all Pre - construction activities • Participate in the refinement of the development plan • Provide a detailed breakdown of material's ( model number and price ) for all fixtures o Li • hts .lumbin • and doors wind ws and hardware • Develop a project budget 2 • Work with HCDD to obtain or make provisions for all approvals and permits, including parking • Develop a master schedule for the construction process B. Use of Funds: NSP -3 funds shall be used by BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. for the purposes and objectives stated in Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of NSP -3 funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of NSP -3 Program funds under this Agreement: 1. Construction An amount not to exceed Two Hundred Ninety -Nine Thousand Three Hundred & Thirty -Seven Dollars and Fifty Cents_($299,337.50i shall be expended by BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. from NSP -3 Program funds for construction costs related to the development of an affordable multi - family housing unit as part of the Sand Ridge Project. The design and specifications have been approved by AHCDDD prior to construction (attached as Exhibit D). Funds will be used to assist with the cost of all construction related fees. The addresses for this project: Not applicable. (a) 2897 Pepperdine Drive Hephzibah, GA 30815 (b) 2898 Pepperdine Drive Hephzibah, GA 30815 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES will not be required to leverage funding through a construction loan as this contract is for construction services only. 2. Developer's Fee LOT -4 LOT -12 3. Construction Interest Not applicable. C. Program Location and Specific Goals to be Achieved BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall conduct construction related activities and services in its project area (also known as the Laney Walker Community) incorporated within the following boundaries: Western Boundary of Great Lakes Mobile Homes; Eastern Boundary of Pinnacle Place Apartments; and Northern Boundary of Crest Drive and its designated geographic boundaries as approved by AHCDDD. D. Project Eligibility Determination It has been determined that the use of NSP -3 funds by the BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. 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, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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. 3 ARTICLE II. BUDGET AND METHOD OF PAYMENT BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES will be compensated in accordance with this Article which will specifically identify the use of NSP -3 and other project funding as represented in Article II.C.2. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall carry out and oversee the implementation of project to be funded with NSP -3 funds. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES., may engage the services of outside professional services consultants and contractors to assist in carrying out the Program and Projects. A. Augusta shall designate and make NSP -3 Project funds available in the following manner: 1. Augusta agrees to pay BLOUNT' S COMPLETE HOME CONSTRUCTION SERVICES, a maximum of Two Hundred Ninety -Nine Thousand Three Hundred & Thirty -Seven Dollars and Fifty Cents ($299,337.50) under this agreement for project expenses incurred as outlined in ARTICLE I, subject to BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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. The Reimbursement Form is provided in Appendix B. For invoicing, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall include documentation evidencing proof of payment; such payment shall be in the form of a cancelled check or check register and completed Reimbursement form. The following information shall be included (i) amount requested, (ii) amount remaining and (iii) specific line items names relating to the contract budget in Appendix A. 3. AHCDDD will monitor the progress of the Project and BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES's performance on a weekly basis; AHCDDD's monitoring shall include, but not be limited to the production of housing units and the overall effectiveness of project. 4. Upon the termination of this agreement, all unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination. Funds shall be paid no later than thirty (30) days thereafter. 5. Funds may not be transferred between line items within the Project Budget without the prior written approval of Augusta. 6. The use of funds as provided for in this agreement shall be subject to the written approval of the U. S. Department of Housing and Urban Development. 7. This Agreement shall be based upon the availability of NSP -3 Program Funds. B. Project Financing The Augusta Housing and Community Development Department (AHCDDD) will provide one hundred percent (100 %) of the total construction costs of this project. 4 This funding shall be committed specifically for construction related costs and other project related costs. C. Timetable for Completion of Project Activities 1. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. shall obligate the designated NSP -3 funds within thirteen (13) months of the date of execution of this Agreement. Based on the budget outlined in D2 below, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall provide a detailed outline of critical project milestones and projected expenditures during the course of the development project as Exhibit C. These documents shall be incorporated as part of this contractual agreement and provide the basis for overall project performance measurements. D. Project Budget: Limitations 1. BLOUNTS COMPLETE HOME SERVICES Construction and Services shall be paid a total consideration of no more than Two Hundred Ninety -Nine Thousand Three Hundred & Thirty- Seven Dollars and Fifty Cents ($299,337.50) for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of the BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. It is also understood by both parties that the funding provided under this contract for this specific project shall be the only funds provided by Augusta, unless otherwise agreed in writing by Augusta and BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. 2. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall adhere to the following budget in the performance of this contract. A. Project Activity Cost $272,125.00 Contingency @ 10% $27,212.50 TOTAL NSP -3 /CDBG PROJECT COST: $299,337.50 ARTICLE III. RESALE/RECAPTURE PROVISIONS [24 CFR 92.254(5)1 1. The Resale/Recapture Provisions in this Article shall ensure compliance with the NSP -3 Program "Period of Affordability" requirements pursuant to 24 CFR 92.254(a)(4). 24 CFR 92.254 states: To ensure affordability, the participating jurisdiction must impose either resale or recapture requirements, at its option. The participating jurisdiction must establish the resale or recapture requirements that comply with the standards of this section and set forth the requirements in its consolidated plan. HUD must determine that they are appropriate. Each property sold to a NSP -3 recipient will remain affordable for the duration of the affordability period or Augusta, Georgia will use the recapture option. A. Recapture Provisions [24 CFR 92.254(5)(ii)1 Not Applicable. ARTICLE IV. TERM OF CONTRACT 5 The term of this agreement shall commence on the date this agreement is executed by both Augusta and the BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES (whichever date is later) and shall end upon the completion of all program activities, pursuant to the timeframe provided in Article I.D, or in accordance with the terms provided for in ARTICLE IX Suspension and Termination. ARTICLE V. DOCUMENTATION AND PAYMENT A. The basis of this Agreement is a pay- for - performance contract therefore in no event shall Augusta provide advance funding to the BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES, or any subcontractor hereunder. All payments to the BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. by Augusta will be made on a reimbursement basis. B. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall maintain a separate Banking account and use specified accounting process for NSP -3 funding sources. C. D. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall maintain an adequate financial system and internal fiscal controls. E. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall not use these funds for any purpose other than the purpose set forth in this Agreement. F. Augusta agrees to reimburse all budgeted costs allowable under Federal, State, and Local guidelines, subject to BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES compliance with the provisions of this Agreement, G. All purchases of capital equipment, goods and payments for services shall comply with the procurement procedures provided for in OMB Circular A -110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non - Profit Organizations" and the Procurement Code of Augusta, GA. H. Payment requests by BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall have the following required documentation attached. Payment requests shall include a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. Required documentation shall include the following: "Reimbursement Request Form" as supplied by AHCDDD; copies of invoices, receipts and/or other evidence of indebtedness; budget itemization; and description of specific activities undertaken. Invoices received by Augusta later than sixty (60) calendar days after expiration date of this Agreement shall not be reimbursed. The Reimbursement Request Form is attached in Appendix A of this Agreement. I. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of such funds to eligible projects proposed by the BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. ARTICLE VIII. ADMINISTRATIVE REQUIREMENTS A. Conflict of Interest BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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. 6 This conflict of interest provision shall apply to any person who is an employee, agent, consultant, officer, or elected 1 or appointed official of BLOUNT' S COMPLETE HOME CONSTRUCTION SERVICES. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the NSP -3 activities supported under this contract, or who is 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. Nor shall such person 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, shall include those related as Spouse, Father, Mother, Father -in -law, Mother -in -law, Step - parent, Child, Step- child, Brother, Sister, Brother -in -law, Sister -in -law, Grandparent, or Grandchild of the individual holding any interest in the subject matter of this Agreement. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES through its 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. In such instances, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall consult with AHCDDD /Augusta on any changes that will result in any substantive changes to this Agreement. All such changes shall be made by written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. C. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are included as attachments to this Agreement, or are hereby adopted by reference as part of this Agreement. ARTICLE IX. OTHER REQUIREMENTS A. Fair Housing BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees that it will conduct and administer NSP -3 activities in conformity with Pub. L. 88 -352, "Title VI of the Civil Rights Act of 1964" and Pub. L. 90 -284 "Fair Housing Act" to affirmatively further fair housing. One such activity shall be to use the fair housing symbol and language in BLOUNTS COMPLETE HOME SERVICES Construction and Services Inc.'s publications and/or advertisements as provided for in 24 CFR 570.601. B. Ownership Interest Not Applicable. C. Non - Discrimination BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the 7 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 1. General: BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees that in instances in which there is construction work over Two Thousand Dollars ($2,000) financed in whole or in part with NSP -3 funds under this Agreement, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. 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.) shall also apply. These requirements apply to the rehabilitation of residential property provided that such property contains eight or more units24 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, to cooperate with Augusta/AHCDD in complying with the Act and regulations, and that no activities will be undertaken until notification is provided to Augusta/AHCDD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta, Georgia Planning Department pursuant to 24 CFR 570.604. F. Flood Insurance Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001 - 4128), BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees that NSP -3 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees to take all reasonable steps to minimize displacement of persons as a result of NSP -3 assisted activities. Any such activities assisted with NSP -3 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 8 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto as provided in 41 CFR 60 which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall 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. I. Employment and Business Opportunities BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES, Inc. agrees to assist low and moderate income persons residing within Augusta, Georgia; 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, Georgia24 CFR 570.697. J. Lead -Based Paint In accordance with Section 92.355 of the NSP -3 Regulations and Section 570.608 of the CDBG Regulations, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 AHCDDD. L. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 9 In accordance with 24 CFR 85.43, if BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 X. For purposes of this Agreement, timely expenditure of funds which shall mean BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall obligate and expend its funds as designated under ARTICLE II. (B). O. Compliance with Laws and Permits BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit to not trespass on any public or private property in performing any of the work embraced by this contract. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees to obtain all necessary permits for intended improvements or activities. P. Assignment of Contract Q. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall not assign or transfer any interest in this contract without the prior written approval of Augusta, Georgia. Equal Employment Opportunity BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 implement 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 implement 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES shall take appropriate action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT.. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES agrees to comply with any federally mandated requirements as to Minority and Women Owned- Business Enterprises in connection with NSP -3 supported activities. S. Religious Influence 10 U. Travel BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES will not discriminate against any person applying for shelter on the basis of religion. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES has an indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. AHCDDD shall not approve any travel or travel related expenses to BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES with funds provided under this contract. V. Construction Requirements - SEE APPENDIX C All housing units newly constructed with NSP -3 Program funds must, before occupancy, meet the Property Standards specified at 25 CFR 92.251 [the NSP -3 Program Regulations]. The Property Standards at 24 CFR 92.251 require that the NSP -3s receiving NSP -3 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 -3 Program definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ARTICLE X. SUSPENSION AND TERMINATION A. In the event BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES cures any breach of the agreement. If BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES fails to cure the breach, Augusta may suspend or terminate the current award of NSP - 3 funds for BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. B. Notwithstanding the above, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES for the purposes of offsetting the exact amount of damages 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 written notice of its intent to terminate, so including a statement of the reasons for such 11 termination. In the event Augusta terminates the Agreement, Augusta shall pay BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES, for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 -3 funds previously disbursed or income derived therefrom. ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice shall 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES will receive all notices at the address indicated below: BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES, 3550 Gordon Highway Grovetown, GA 30813 ARTICLE XII. INDEMNIFICATION BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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, BLOUNTS COMPLETE HOME SERVICES 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 word, 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. 12 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 XIII. INSURANCE AND BONDING BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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 BLOUNTS COMPLETE HOME SERVICES handling or charged with the responsibility for handling funds and property pursuant to this contract. BLOUNTS COMPLETE HOME SERVICES shall procure and provide, for approval by the Augusta, comprehensive general liability insurance in the amount of at least $1,000,000.00 insuring Augusta, Georgia and adding as named insured the Augusta, Georgia, the Mayor, Commissioners, and Augusta's officers, agents, members, employees, and successors. Additionally, BLOUNTS COMPLETE HOME SERVICES 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES hereunder shall be cancelable without at least fifteen (15) days advance written notice to Augusta, Georgia. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the Augusta. ARTICLE XIV. PRIOR AND FUTURE AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that 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 BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES 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. 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. 13 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: SEAL SEAL 00.P. Clerk of Commission ATTEST: As Its Corporate Secretary (Plain Witness) ) & & Lcna Bother NA#'.Y A100.44.19k. I 15 AUGUSTA, GEORGIA (Augusta) By: `°C k/C David S. Copenhaver t As Its Mayor C • ester A. Wheeler, III Director, AHCDD BLOUNTS COMPLETE HOME CONSTRUCTIONAND SERVICES, INC. (Grantee) Statutes: (Available upon Request) Augusta, Georgia Procurement Code Conflict of Interest Affidavit Forms: Reimbursement Form APPENDIX A Section 2301(c)(2), Neighborhood Stabilization Program ( "NSP -31 ") 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 16 APPENDIX B REPORTING REQUIREMENTS BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. shall submit the following reports for the term of this agreement. 1. Weekly Status Reports Due by 10:00 a.m. Monday morning for the previous week. Report shall contain actual/estimated costs /date, issues and concerns. Microsoft Project schedule will be manually updated so that Asset Property Disposition (procured consultant for Laney Walker/Bethlehem Revitalization Project) can input data to master schedule. 2. Monthly /Quarterly Progress & Financial Reports Due the 15 day of each new quarter. 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 limited 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. 17 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, Georgia Housing & Community Development Department Approved Contractor List may bid on construction projects funded with NSP -3 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 AHCDDD review upon request 3. Eligible Contractors: Any contractor desiring to bid on NSP -3 or CDBG projects may apply for inclusion on the AHCDDD 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 -3 funded projects. 18 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 AHCDDD for review and approval prior to bidding. AHCDDD Construction and Rehabilitation Inspectors or AHCDDD'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, Georgia Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCDDD Approved Contractors List. A copy is enclosed for inclusion. 6. Inspections. All projects will be inspected and approved by an AHCDDD Construction and Rehabilitation inspector or AHCDDD's agent prior to release of the funds for that project. 19 EXHIBIT "A" PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. Augusta through the Housing and Community Development Department agrees to provide up to Two Hundred Ninety -Nine Thousand Three Hundred & Thirty -Seven Dollars and Fifty Cents ($ 299,337.50) in Year 2013 NSP -3 funds to BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. These funds will support new construction with the production of 2 affordable multi- family residential units in connection with the Sand Ridge Project. See attached construction plans 2. AHCDDD shall review and approve all residential design plans, project specifications and total development cost for each residential development project prior to work being commenced and prior to release of funds for payment reimbursement. Construction payments will be released to BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES in accordance with the attached drawdown schedule and budget. 3. AHCDDD will acquire all lots on which all new affordable NSP -3s are to be built under this agreement and in connection with the Sand Ridge Project. 4. With AHCDD approval, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES, shall use NSP -3 funds under this agreement for the following purposes: a. To support construction costs as detailed in Item 6 below. 5. Completion Delays, Remedies, and Penalties A. In the event that the Contractor fails to complete the work within the time frame specified in the contract, not including any authorize delays, AHCDDD may: 1. Terminate the contractor in accordance with the "Provisions for Augusta Housing and Community Development Department (AHCDD)" clause of this contract Article X. 2. Assess liquidated damages in the amount of fifty dollars ($50.00) per working day from the scheduled date 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, in addition to any change order amounts. B. The Contractor shall not be charged with liquidated damages for any delays in the completion of the work due to any of the following: 1. Acts of the Federal, State, or Local Government, including controls, restrictions upon or requisitioning of materials, equipment, tools, or labor by any of the following reasons: war, National Defense, or any other National, State, or Local emergency. 2. Acts of Augusta, Georgia that hinder the progress of the work; 3. 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 limited to the following to acts of 20 God; acts of the public enemy; acts of another contractor in the performance of some other contract with Augusta, Georgia fire; flood; epidemic; quarantine restrictions; strikes; freight embargoes; weather of unusual severity such as hurricanes, tornadoes, cyclones, or other extreme weather conditions; and 4. Any delay of the subcontractor caused by any other causes specified above, provided, however, that the contractor shall promptly within 10 days notify AHCDDD in writing of the cause of such delay. If it is determined that the delay is excusable under the terms of this contract, AHCDDD shall extend the contract time by a period commensurate with the period of authorized delay to the completion of the work through a written amendment to this contact. 6. Construction Costs and Requirements a. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. will provide construction services for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. shall ensure it obtains and posts all permits on job site. Prior to releasing final payment on each house, BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES., shall also obtain a Certificate of Occupancy that has been issued by the Augusta, Georgia Department of License and Inspection. c. BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. shall collect progress and final lien releases from the subcontractors and material suppliers to ensure proper payment. d. AHCDDD or its designated agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and/or releasing payment. AHCDDD may choose withhold payments if the work being performed is not of acceptable quality to AHCDDD and/or if the house is not being built or rehabilitated in accordance with approved plans and specifications, or if project is not on schedule. 21 EXHIBIT "C" PROJECT SCHEDULE OF COMPLETION BLOUNT'S COMPLETE HOME CONSTRUCTION SERVICES. 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 HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED BELOW. 22 EXHIBIT "D" FINANCING LETTER (IF APPLICALBE) 23