HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND ANTIOCH MINISTRIES, INC. IN THE AMOUNT OF $146,850.00 FOR FY 2017_ HOME INVESTMENT PARTNERSHIP- NEW CONSTRUCTION_ 1454 KINGSTON COURT CONTRACT
Between
AUGUSTA, GEORGIA
And
ANTIOCH MINISTRIES, INC.
In the amount of
$146,850.00
One Hundred Forty-Six Thousand Eight Hundred Fifty Dollars & 00/100
For Fiscal Year 2017
Providing Funding From
HOME Investment Partnership
"New Construction—1454 Kingston Court"
THIS AGREEMENT ("Contract"), is made and entered into as of the 25th day of July,
2017("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., 2nd Floor, Augusta, Georgia 30901, as party of the first part
(hereinafter called"Augusta"), and Antioch Ministries, Inc. , a subrecipient, organized pursuant
to the Laws of the State of Georgia (hereinafter called"AMP) as party in the second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U.S. Department of Housing and Urban Development
(hereafter called HUD) as a Participating Jurisdiction, and Augusta has received HOME
Investment Partnership Act(hereinafter called HOME or the HOME Program) funds from HUD
for the purpose of providing and retaining affordable housing for HOME Program eligible
families; as defined by HUD, and
WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and
increase the supply of affordable housing for HOME eligible low and moderate income families
through eligible uses of its HOME Program funds; and
WHEREAS, Augusta wishes to enter into a contractual agreement with Antioch Ministries, Inc.
for the construction of one single family unit located at 1454 Kingston Court as an eligible
affordable housing development activity; and
Augusta Housing and Community Development Department- 1454 Kingston Court Page 1
WHEREAS, this activity has been determined to be an eligible activity according to 24 CFR
92.504(c)(13), and will meet one or more of the national objectives and criteria outlined in Title
24 Code of Federal Regulations, Part 92 of the Housing and Urban Development Regulations.
WHEREAS, Antioch Ministries has requested and Augusta Housing and Community
Development has approved a total of$146,850.00 in HOME funds to perform HOME eligible
activities as described in Article I. The funding for this project will be 100%grant.
WHEREAS, Antioch Ministries has agreed to provide services funded through this contract
free from political activities,religious influences or requirements; and
NOW,THEREFORE,the parties of this agreement for the consideration set forth below, do
here and now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
a. Project Description
Antioch Ministries, Inc. agrees to utilize approved HOME funds to support project
related costs associated with the construction of 1454 Kingston Court. This project is
an affordable housing effort that will consist of the construction of one single family
unit. This unit will serve as a spec unit and sold to eligible homebuyer. Under this
agreement:
i. Perform construction of one single family unit located at 1454 Kingston
Court
ii. Perform all required and requested marketing and advertising activities; in
accordance with"HOME"program "Fair Housing"regulations. Proper liens
will be placed on property during construction and will be removed once the
property is sold to eligible low to moderate income homebuyer
Augusta Housing and Community Development Department- 1454 Kingston Court Page 2
•
iii. Antioch Ministries agrees to retain $25% of sales proceeds and return
remaining funds to HCD at sale of property. If house sells for$118,900,
AMI is to retain 25% (29,725.00) and return remaining proceeds to AHCD at
closing.
iv. Demonstrate the project possesses the following required components:
1. Evidence of Site Control
2. Evidence of additional financing resources "Leveraging"
3. Evidence that unit being occupied by low to very low income end
users.
Use of Funds
HOME funds shall be used by AMI for the purposes and objectives stated in Article I,
Scope of Services, and Exhibit"A" of this Agreement. The use of HOME funds for any
other purpose(s) is not permitted. The following summarizes the proposed uses of funds
under this agreement:
1. Construction Loan
An amount not to exceed $146,850.00 shall be expended by AMI from Year 2017 HOME
funds for construction costs related to the development of one (1) affordable single
family housing unit in Kingston Court. The design and specifications must be approved
by AHCD prior to construction (Exhibit D). Funds will be used to assist with the cost of
the following items: construction, architectural services, surveys, marketing, appraisal,
permits, footings, foundation, framing, exterior wall framing, rough plumbing, rough
HVAC, and rough electric). These unit will be constructed by AMI and sold to eligible
low and very-low income homebuyer.
AMI may request a change in addresses through a written request.
The address for this project is:
1454 Kingston Court,Augusta, Georgia 30901
Initial: "WI
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B. Program Location and Specific Goals to be Achieved
AMI shall conduct project development activities and related services in its project area
(also known as the Florence Street Community) that incorporates the following
boundaries: Holley Street on the West; 12th Street on the East; Wrightsboro Road on the
South; and Laney Walker Boulevard on the North and its designated geographic
boundaries approved by AHCD.
C. Project Eligibility Determination
It has been determined that the use of HOME funds by AMI will comply with 24 CFR
Part 92. Notwithstanding any other provisions of this contract, AMI 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
AMI will be compensated in accordance with this Article II, Budget and Method of Payment,
that specifically identifies the use of HOME funds and any other project funding as represented
in Article II. C. 2 of this Agreement. AMI will carry out and oversee the implementation of
project to be funded with HOME funds. AMI agrees to perform the required services under the
general coordination of AHCDD. In addition and upon approval by Augusta, AMI may engage
the services of outside professional services, consultants, and contractors to help carry out the
program and project.
A. Funds
Augusta shall designate and make HOME funds available $ 146,850.00 under this
agreement for project expenses incurred as outlined in ARTICLE I, Scope of
Services, subject to AMI compliance with all terms and conditions of this agreement
Augusta Housing and Community Development Department- 1454 Kingston Court Page 4
and the procedures for documenting expenses and activities as set forth in ARTICLE
V.
a. The method of payment shall be made directly to Antioch Ministries, Inc.
unless authorized by AMI. For invoicing, AMI 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 name that relate to contract budget. A copy
of the reimbursement form(as well as other prudent forms) shall be provided
after contract execution by all parties.
b. AHCD will monitor the progress of the project and AMIs performance on a
bi-weekly with regards to the production of housing units and the overall
effectiveness of the project.
c. Upon the termination of this agreement, any unused or residual funds
remaining shall revert to Augusta and shall be due and payable on such date of
the termination and shall be paid no later than thirty(30) days thereafter.
d. Funds may not be transferred from line item to line item in the project budget
without prior written approval of Augusta thru AHCDD.
e. The use of funds described in this agreement is subject to the written approval
of the U. S. Department of Housing and Urban Development.
f. This Agreement is based upon the availability of HOME funds.
Initial:
B. Project Financing
The Augusta Housing and Community Development Department (AHCD) will fund
no more than$ 146,850.00 of the total development costs of a single project, and
seeks to provide Antioch Ministries with the necessary HOME funding upon receipt
of the preliminary closing documents.
AMI agrees to retain 25% of sales proceeds and return all additional proceeds to
AHCD. Sales proceeds must be used to assist additional HOME projects. HOME
Proceeds report must be submitted quarterly to show usage of said funds.
Augusta Housing and Community Development Department- 1454 Kingston Court Page 5
AMI's funding can be used to cover project related soft costs ( other related
professional fees, affirmative marketing and fair housing services, other soft costs as
deemed eligible.)
Initial:
C. Timetable for Completion of Project Activities
AMI shall obligate the designated HOME funds within thirteen(13)months of the
date of execution of this contract. Based on the budget outlined in D.2. below, AMI
will provide a detailed outline of critical project milestones and projected
expenditures during the course of the development project in the form provided in
Exhibit C. These documents will become an official part of the contractual agreement
and provide the basis for overall project performance measurements.
Initial: 44
D. Project Budget: Limitations
1. AMI shall be paid a total consideration of$146,850.00 for full performance of the
services specified under this Agreement. Any cost above this amount shall be the
sole responsibility of AMI. 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
AMI.
2. AMI shall adhere to the following budget in the performance of this contract:
A. Project Activity Cost
Construction &Related Cost $ 146,850.00
Total Project Activity Cost $ 146,850.00
Augusta Housing and Community Development Department- 1454 Kingston Court Page 6
Initial: ,.9
ARTICLE IV. TERM OF CONTRACT
The term of this Agreement shall commence on the date when this agreement is executed by
Augusta and AMI (whichever date is later) and shall end at the completion of all program
activities, within the time specified in Article II. C, 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 AMI, or any subcontractor hereunder. All payments to AMI by Augusta will
be made on a reimbursement basis.
B. AMI shall maintain a separate account and accounting process for HOME funding
sources.
C. AMI shall not use these funds for any purpose other than the purpose set forth in this
Agreement
D. Subject AMI 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 AMI for payment shall be accompanied by proper documentation and shall be
submitted to AHCDD, transmitted by a cover memo, for approval no later than their(30)
calendar days after the last date covered by the request. For purposes of this section,
proper documentation includes: "Reimbursement Request Form" supplied by HCD,
copies of invoices,receipts, other evidence of indebtedness,budget itemization and
description of specific activities undertaken. Invoices shall not be honored if received by
Augusta Housing and Community Development Department- 1454 Kingston Court Page 7
AHCDD later than sixty(60) calendar days after expiration date of Agreement. The
reimbursement request form is in Appendix B.
G. Unexpended funds shall be retained by Augusta. Upon written request, Augusta may
consider the reallocation of unexpended funds to eligible projects proposed by AMI.
Initial: s
ARTICLE VI. ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
AMI agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36,
570.611, OMB Circular A- 110 and OMB circular A- 102 as appropriate.
This conflict of interest provisions applies to any person who is an employee, agent,
consultant, officer, or elected official or appointed official of AMI. No person described
above who exercises,may exercise or has exercised any functions or responsibilities with
responsibilities with respect to the HOME activities supported under this contract; or who are
in a position to participate in a decision-making process or gain inside information with
regard to such activities, may obtain any financial interest or benefit from the activities. Or
have a financial interest in any contract, sub-contract, or agreement with respect to the
contract activities either for themselves or those whom they have business or family ties,
during their tenure or for one year thereafter. For the purpose of this provision, "family ties",
as defined in the above cited volume and provisions of the Code of Federal Regulations,
include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent,
Children, Step-children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent,
Grandchildren of the individual holding any interest in the subject matter of this Agreement.
AMI 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 AMI. In such instances, AMI shall consult with
AHCDD/Augusta on any changes that will result in substantive changes to this
Agreement. All such changes shall be made via written amendments to this Agreement
and shall be approved by the governing bodies of both Augusta and AMI.
Augusta Housing and Community Development Department- 1454 Kingston Court Page 8
C. 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.
'Y- 4AInitial: ›,} 4--
ARTICLE
RTICLE VII. OTHER REQUIREMENTS
A. AMI agrees that it will conduct and administer HOME activities in conformity with Pub.
L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair
Housing Act:, and that it will affirmatively further fair housing. One suggested activity is
to use the fair housing symbol and language in AMI's publications and/or
advertisements. (24 CFR 570.601).
B. AMI agrees that the ownership in the housing assisted units must meet the definition of
"homeownership" in §92.2.
C. AMI 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. AMI agrees that in instances in which there is construction work over$2,000 financed in
whole or in part with, HOME funds, and/or NSP funds under this Agreement, Walton
Rehab will adhere to the Davis-Bacon Act(40 U.S.0 276), as amended, which requires
all laborers and mechanics working on the project to be paid not less than prevailing
wage-rates as determined by the Secretary of Labor. By reason of the foregoing
requirement, the Contract Work Hours and Safety Standards Act(40 U.S.C. 327 et seq.)
also applies. These requirements apply to the rehabilitation of residential property only if
such property contains eight or more units. (24 CFR 570.603). If Applicable, AHCDD
will pull appropriate wage rates.
E. No person employed in the work covered by this contract shall be discharged or in any
way discriminated against because he or she has filed any complaint or instituted or
caused to be instituted any proceeding or has testified or is about to testify in any
Augusta Housing and Community Development Department- 1454 Kingston Court Page 9
proceeding under or relating to the labor standards applicable hereunder to his or her
employer.
F. AMI 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), AMI
agrees that HOME funds shall not be expended for acquisition or construction in an area
identified by the Federal Emergency Management Agency(FEMA) as having special
flood hazards (representing the 100-year floodplain). Exceptions will be made if the
community is participating in the National Flood Insurance Program or less than a year
has passed since FEMA notification and flood insurance has been obtained in accordance
with section 102(a) of the Flood Disaster Protection Act of 1973.
H. Any activities with HOME funds, and/or NSP funds will be conducted in accordance
with the Uniform Relocation Assistance and Real property Acquisition Policies Act of
1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR
570.606). This will be undertaken by AHCDD.
I. AMI 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. AMI will in all
solicitations or advertisements for employees placed by or on behalf of AMI, state that all
qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, national origin or familial status.
J. AMI will not discriminate against any employee or applicant for employment because of
race, color, religion, sex, national origin, or familial status. AMI will take appropriate
action to ensure that applicants are employed, and that employees are treated fairly during
Augusta Housing and Community Development Department- 1454 Kingston Court Page 10
employment, without regard to their race, color, religion, sex, national origin, or social
status.
K. AMI 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. AMI agrees to comply with
any federally mandated requirements as to minority and women owned-business
enterprises.
L. AMI agrees the low and moderate income persons residing within Augusta-Richmond
County and that contract for work in connection with the project be awarded to eligible
businesses which are located in or owned in substantial part by persons residing in
Augusta-Richmond County. (24 CFR 570.697)
M. In accordance with Section 92.355 of the HOME Regulations and Section 571.608 of the
CDBG Regulations, AMI agrees to comply with the Lead Based Paint Poisoning
Prevention Act pursuant to prohibition against the use of lead based paint in residential
structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification
of the hazards of lead based paint poisoning and the elimination of lead based paint
hazards.
N. AMI agrees to comply with 254 CFR 570.609 with regards to the direct or indirect use of
any contractor during any period of debarment, suspension or placement in ineligible
status. No contract will be executed until such time that the debarred, suspended, or
ineligible contractor has been approved and reinstated by AHCDD.
O. In accordance with 24 CFR part 24, subpart F, AMI agrees to administer a policy to
provide a drug-free workplace that is free from illegal use, possession, or distribution of
drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988.
P. Any publicity generated by AMI for the project funded pursuant to this Agreement,
during the term of this Agreement or for one year thereafter, will make reference to the
Augusta Housing and Community Development Department- 1454 Kingston Court Page 11
contribution of Augusta-Richmond County in making the project possible. The words
"Augusta-Richmond County Department of Housing and Community Development"
will be explicitly stated in any and all pieces of publicity; including but not limited to
flyers,press releases, posters,brochures,public service announcements, interviews, and
newspaper articles.
Q. In accordance with 24 CFR 85.43, if AMI fails to expend its grant funds (i.e. funds for
interest payments, profit & overhead, soft costs, and other funds as stated) in a timely
manner, such failure shall constitute a material failure to comply with this Agreement and
invoke the suspension and termination provisions of ARTICLE VII. For purposes of this
Agreement, timely expenditure of funds means AMI shall obligate and expend its funds
as designated under ARTICLE II.C.
R. AMI 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. AMI agrees to obtain all
necessary permits for intended improvements or activities.
S. AMI shall not assign any interest in this contract or transfer any interest in this same
without the prior written approval of Augusta
T. AMI agrees to comply with the prohibitions against discrimination on the basis of age
under the Age Discrimination Act of 1975 (42 U.S.0 6101-07) and handicaps under
section 504 of the Rehabilitation Act of 1973 (29 U.S.0 794) and implementing
regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the
term dwelling units in 24 CFR part 8 shall include sleeping accommodations.
U. If applicable, AMI shall obtain prior written approval from the Grantee for any travel
outside the State of Georgia with funds provided under this contract. All Federal Travel
Regulations are applicable(41 CFR Part 301).
V. All housing units [rehabilitated, reconstructed, or newly constructed] and assisted with
HOME Program funds must,before occupancy, meet the Property Standards specified at
25 CFR 92.25. The Property Standards at 24 CFR 92.251 require that the homes
Augusta Housing and Community Development Department- 1454 Kingston Court Page 12
receiving funds must meet the HUD Section 8 Housing Quality Standards [HQS]. All
housing assisted under this Agreement is"new construction"by HOME Programs
definition and therefore must meet the local building codes for new housing in Augusta-
Richmond County, as applicable.
Initial: 4744"
ARTICLE VIII. SUSPENSION AND TERMINATION
A. In the event AMI materially fails to comply with any terms of this agreement, including
the timely completion of activities as described in the timetable and/or contained in
ARTICLE II.C, Augusta may withhold cash payments until AMI cures any breach of the
agreement. If AMI fails to cure the breach, Augusta may suspend or terminate the current
award of funds. AMI will not be eligible to receive any other funding.
B. Notwithstanding the above, AMI 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 AMI for
the purposes of offsetting the exact amount of damages once determined.
C. In the best interest of the project and to better serve the people in the target areas and
fulfill the purposes of the 1454 Kingston Court project, the City of Augusta can terminate
this contract if AMI breach this contract or violate any regulatory rules. The City of
Augusta can terminate the contract in 30 days and call the note due.
D. Notwithstanding any termination or suspension of this Agreement, AMI shall not be
relieved of any duties or obligations imposed on it under this Agreement with respect to
HOME funds previously disbursed or income derived therefrom.
ARTICLE IX. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent
by certified United States mail,return receipt requested, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice shall remain such until it
shall have been changed by written notice.
Augusta Housing and Community Development Department- 1454 Kingston Court Page 13
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
AMI will receive all notices at the address indicated below:
Antioch Ministries, Inc.
1378 Laney Walker Blvd.
Augusta, Georgia 30901
ARTICLE X: INDEMNIFICATION
AMI 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, AMI
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
Augusta Housing and Community Development Department- 1454 Kingston Court Page 14
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: 444-
ARTICLE XI. INSURANCE AND BONDING
AMI 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, AMI 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
AMI handling or charged with the responsibility for handling funds and property pursuant to this
contract. AMI shall procure and provide, for approval by Augusta, comprehensive general
liability insurance in the amount of at least $1,000,000.00 insuring the Grantee and adding as
named insured the City of Augusta,the Mayor, Commissioners, and Augusta's officers, agents,
members, employees, and successors.
All of the above policies shall provide that no act or omission of the grantee, its agents, servants,
or employees shall invalidate any insurance coverage required to be provided by AMI hereunder
shall be cancelable without at least fifteen(15) days advance written notice to the Grantee. All
insurance policies required hereunder or copies thereof shall be promptly submitted for approval
by Augusta.
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
Augusta Housing and Community Development Department- 1454 Kingston Court Page 15
whether oral or written. Augusta is not obligated to provide funding of any kind AMI beyond the
term of this Agreement.
ARTICLE XIII. LEGAL PROVISIONS DEEMED INCLUDED
Each and every provision of any law or regulations and clause required by law or regulation to
be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be
read and enforced as though it were included herein and if, through mistake or otherwise, any
such provision is not inserted or is not correctly inserted, then upon application of either party
this Agreement shall forthwith be amended to make such insertion and reviewed and
acknowledged upon by both parties.
Initial: 444
•
Augusta Housing and Community Development Department- 1454 Kingston Court Page 16
ARTICLE XIV. COUNTERPARTS
This Agreement is executed in two (2) counterparts-each of which shall be deemed an original
and together shall constitute 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
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Executive Director
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(Plain witness) Date Date
Augusta Housing and Community Development Department- 1454 Kingston Court Page 17
APPENDIX "A"
STATUTES
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. AIA Certificate of Payment
2. Contract and Subcontract Activity report
3. HOME Proceeds Report
4. Quarterly Report
5. Annual Report
Augusta Housing and Community Development Department- 1454 Kingston Court Page 18
APPENDIX B
REPORTING REQUIREMENTS
AMI shall submit to the Grantee the following reports for the term of this agreement.
1. Monthly/Quarterly Progress &Financial Reports
Due the 15th of the month.
2. Annual Progress Report (January 16th) each year
3. Audit/Financial Report by April 30th each year
4. Contract and Subcontract Activity Report on October 5, 2017,
Shall maintain files on each person assisted. Each filed 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.
Augusta Housing and Community Development Department- 1454 Kingston Court Page 19
EXHIBIT "C"
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 AHCD for
review and approval prior to bidding. AHCD 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 AHCD Approved Contractors List.
Eligible Contractors: Any contractor desiring to bid on HOME project may apply for inclusion
on the AHCD Approved Contractor List. Applications will be process and either approved or
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disapproved within 10 working days. Under no circumstances will barred, disapproved, or
otherwise ineligible contractors be allowed to bid on federally funded projects.
Inspections: All projects will be inspected and approved by and AHCD Construction and
Rehabilitation Inspector prior to release of the funds for that request.
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