HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA GA AND J & B CONSTRUCTION AND SERVICES INC AMOUNT OF $121,014.00 YR 2014 PROVIDING FUNDING FROM LANEY WALKER BOND FINANCING TWIGGS STREET LANE CONTRACT
Between
AUGUSTA, GEORGIA
And
J & B CONSTRUCTION AND SERVICES, INC.
In the amount of
$121,014.00
One Hundred Twenty -One Thousand and Fourteen Dollars & 00 /100
For Fiscal Year 2014
Providing Funding From
LANEY WALKER BOND FINANCING
"Twiggs Street Lane"
THIS AGREEMENT ( "Contract "), is made and entered into as of the 1st day of September , 2014 ( "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 °a Floor, Augusta, Georgia 30901, as party
of the first part (hereinafter called "Augusta "), and J & B Construction and Services, Inc., a developer, organized pursuant
to the Laws of the State of Georgia (hereinafter called "J &B") as party in the second part, and Asset Property
Disposition, as agent authorized to administer and monitor project (hereinafter called "APD ") as party in the third part.
WITNESSETH
WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development (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 J &B for the administration of the Laney Walker
bond Financing eligible affordable housing development activities; and
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 & B has been selected and approved through a solicitation process for development partners to assist in the
redevelopment of Laney Walker/Bethlehem communities.
WHEREAS, J & B has agreed to provide services funded through this contract free from political activities, religious
influences or requirements; and
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a. Construction Grant
An amount not to exceed $121,014.00 shall be expended by J & B from year 2014 Laney Walker Bond
Financing funds for construction costs related to the development of a rear access lane on Twiggs Street. The
design and specifications must be approved by AHCDD prior to construction (Exhibit A). Funds will be used to
assist with the cost of all construction related fees.
Initial: $i
C. Program Location and Specific Goals to be Achieved
J & B shall conduct project development activities and related services in its project area (also known as the
Twiggs Circle Community) that incorporates the following boundaries: Rear access lane from Nicholas Street to
Ash Street.
D. Project Eligibility Determination
It has been determined that the use of Laney Walker Bond Financing funds by J & B will be in compliance with
24 CFR Part 92. Notwithstanding any other provisions of this contract, J & B shall provide activities and services
as described in the description of the project, including use of funds, its goals and objectives, tasks to be
performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this
contract.
ARTICLE II. BUDGET AND METHOD OF PAYMENT
J & B will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically
identifies the use of Laney Walker Bond Financing funds and any other project funding as represented in Article
II. C. 2 of this Agreement. J & B will carry out this project with implementation oversight provided by APD. J &
B agrees to perform the required services under the general coordination of AHCDD. In addition and upon
approval by Augusta, J & B may engage the services of outside professional services, consultants, and contractors
to help carry out the program and project.
A. Funds
Augusta shall designate and make Laney Walker Bond Financing funds available in the following manner:
a. Augusta agrees to pay J & B a maximum of $121,014.00 under this agreement for project expenses
incurred as outlined in ARTICLE I, Scope of Services, subject to J & B compliance with all terms
and conditions of this agreement and the procedures for documenting expenses and activities as set
forth in ARTICLE V.
b. The method of payment shall be on a pay for performance basis. J &B shall utilize the AIA form
provided by AHCDD. For invoicing, J & B will include documentation showing proof of payment in
the form of a cancelled check attached with its respective invoice and completed reimbursement form
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both parties to this contract that the funding provided under this contract for this specific project shall be the
only funds provided by Augusta- unless otherwise agreed to by Augusta and J & B.
To the extent that the pricing provided by J &B is erroneous and defective, the parties may by agreement,
correct pricing errors to reflect the intent of the parties. J & B shall adhere to the following budget in the
performance of this contract:
Construction $121,014.00
Total Project Activity Cost $121,014.00
Initial: 2/5
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 sub - recipients,
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 J & B
(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.
ARTICLE V: DOCUMENTATION AND PAYMENT
A. This is a pay- for - performance contract and in no event shall Augusta provide advance funding to J & B, or any
subcontractor hereunder. All payments to J & B by Augusta will be made on a reimbursement basis.
B. J & B shall maintain a separate account and accounting process for Laney Walker Bond Financing funding
sources
C. J & B shall not use these funds for any purpose other than the purpose set forth in this Agreement
D. Subject to J & B's compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted
costs allowable under federal, state, and local guidelines.
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Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix D and are
attached and included as part of parcel to this Agreement.
Initial. s155
ARTICLE VII. OTHER REQUIREMENTS
A. J & B agrees that it will conduct and administer Laney Walker Bond Financing activities in conformity with Pub.
L. 88 -352, "Title VI of the Civil Rights Act of 1964 ", and with Pub. L. 90 -284 "Fair Housing Act:, and that it will
affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in J &
B's publications and/or advertisements. (24 CFR 570.601).
B. J & B agrees that the ownership in the housing assisted units must meet the definition of "homeownership" in
§92.2.
C. J & B agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in
this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any
program or activity funded in whole or in part with federal funds made available pursuant to the Act.
D. J & B agrees that in instances in which there is construction work on 12 or more units being financed in whole or
in part with Laney Walker Bond funds, HOME funds, and /or NSP funds under this Agreement, J & B will adhere
to the Davis -Bacon Act (40 U.S.0 276), as amended, which requires all laborers and mechanics working on the
project to be paid not less than prevailing wage -rates as determined by the Secretary of Labor. By reason of the
foregoing requirement, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies.
These requirements apply to the rehabilitation of residential property only if such property contains eight or more
units. (24 CFR 570.603).
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. J & B agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR part 58, it will
cooperate with Augusta/AHCDD in complying with the NEPA Act and regulations, and that no activities will be
undertaken until notified by Augusta/AHCDD that the activity is in compliance with the Act and regulations.
Prior to beginning any project development activity, an environmental review must be conducted by the Augusta -
Richmond County Planning Department. (24 CFR 570.604)
G. Consistent with the Flood Disaster Protection Act of 1973 (42 U.S.0 4001- 4128), J & B agrees that Laney Walker
Bond funds, HOME funds, and /or NSP funds shall not be expended for acquisition or construction in an area
identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing
the 100 -year floodplain). Exceptions will be made if the community is participating in the National Flood
Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained
in accordance with section 102(a) of the Flood Disaster Protection Act of 1973.
Augusta Housing and Community Development Department Page 7
M. J & B agrees the low and moderate income persons residing within Augusta - Richmond County and that contract
for work in connection with the project be awarded to eligible businesses which are located in or owned in
substantial part by persons residing in Augusta- Richmond County. (24 CFR 570.697)
N. 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.
O. J & B agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of any contractor during
any period of debarment, suspension or placement in ineligible status. No contract will be executed until such
time that the debarred, suspended, or ineligible contractor has been approved and reinstated by AHCDD.
P. In accordance with 24 CFR part 24, subpart F, J & B agrees to administer a policy to provide a drug -free
workplace that is free from illegal use, possession, or distribution of drugs or alcohol by its beneficiaries as
required by the Drug Free Workplace Act of 1988.
Q. Any publicity generated by J & B for the project funded pursuant to this Agreement, during the term of this
Agreement or for one year thereafter, will make reference to the contribution of Augusta- Richmond County in
making the project possible. The words "Augusta- Richmond County Department of Housing and Community
Development " will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press
releases, posters, brochures, public service announcements, interviews, and newspaper articles.
R. In accordance with 24 CFR 85.43, if J & B 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 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.
S. J & B shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and
shall commit to trespass on any public or private property in performing any of the work embraced by this
contract. J & B agrees to obtain all necessary permits for intended improvements or activities.
T. J & B shall not assign any interest in this contract or transfer any interest in this same without the prior written
approval of Augusta
U. J & B agrees to comply with the prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.0 6101 -07) and handicaps under section 504 of the Rehabilitation Act of
1973 (29 U.S.0 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter
grants program, the term dwelling units in 24 CFR part 8 shall include sleeping accommodations.
V. Indirect costs will only be paid if J & B has an indirect cost allocation plan approved by the Augusta/AHCDD
prior to the execution of this Contract.
W. If applicable, J & B shall obtain prior written approval from the Grantee for any travel outside the State of
Georgia with funds provided under this contract. All Federal Travel Regulations are applicable (41 CFR Part
301).
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Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
530 Greene Street, Suite 801
Augusta, GA 30911
With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, GA 30901
J & B will receive all notices at the address indicated below:
J & B Construction and Services, Inc.
3550 Gordon Hwy
Grovetown, GA 30813
ARTICLE X: INDEMNIFICATION
J & B will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and
all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or
resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or
persons, corporation or property, by virtue of the performance of this Agreement. By execution of this agreement, J & B
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.
Initial: 2 / J
ARTICLE XI. INSURANCE AND BONDING
J & B shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft,
fraud or physical damage. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, J &
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ARTICLE XV. 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: AUGUSTA, GEORGIA
(The City)
Approved as to form: 1, L1, .l //,; '1 % Date: 7 ii,e-
Andrew MacKenzie
As Its Legal Counsel
By: (-� ` l� Date: ` /
14 (1
,45 D.vid S. Copenh.
G��3u�/j,� A its a
By: L' - Date: /
ameka Al .n
A j is I, Administrator
By: Ar�� Date: sit I
Chester A. Wheeler, III
As its Director -AHCDD ible t..v
1
4 ; , V *4 1141 4/ s ti / '
, ''Le r /Bonner ,
As it Clerk of C
ATTEST: J & B Constru ?!'h ° d S
ervices Inc.
(Grantee)
By: 7 — C- e.-6,4,-, !9- 1. — .- - -- Date: 7// U /i /
H. Jer e Jones
As Its 'n.i a1
By: ' Date:
Jean Thomas
As its Secretary •
Augusta Housing and Community Development Department Page 13
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.
6. 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 not exceed the appraised value
of the house.
b. The purchasers of houses constructed must meet the City of Augusta program requirements
c. Buyers will be required to borrow no less than 75% of the sale prices of the house from a private lending
institution unless otherwise agreed to by AHCDD.
Augusta Housing and Community Development Department Page 15
APPENDIX "D"
STATUTES (AVAILABLE ON REQUEST)
1. 24 CFR Part 92, HOME Investment Partnerships Program ( "HOME ")
2. OMB Circular A -110 — Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education, Hospitals, and other Non - Profit Organizations.
3. OMB Circular A -122 — Cost Principals for Non -Profit Organizations
4. OMB Circular A -133 — Audits of Institutions of Higher Education & other Non - Profit Institutions
5. 40 USC 276 Davis -Bacon Act
6. 40 USC 327 Contract Work Hours and Safety Standard Act
7. Uniform Relocation Assistance and Real Property Acquisition Policies Act
8. Lead Based Paint Poisoning Prevention Act
9. 24 CFR 35 — HUD Requirements for Notification, Evaluation and Reduction of Lead -Based Paint
Hazards in Housing Receiving Federal Assistance and Federally -Owned Residential Property being sold,
Final Rule
10. Augusta- Richmond County Procurement Policy
11. Conflict of Interest Affidavit.
FORMS
1. Reimbursement Form
Augusta Housing and Community Development Department Page 17
EXHIBIT "A"
CONSTRCUTION REQUIREMENTS
All construction projects shall comply with Federal, State, and Local codes and ordinances, including, but not limited to,
the following:
• "Standard Building Code ", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama.
• "Standard Plumbing Code ", latest edition, Southern Building Congress, International, Inc., 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. 4700.
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.
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