HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GA AND COLLABORATIVE DEVELOPMENT CORPORATION, LLC_ HOME INVESTMENT PARTNERSHIP- 1312 ELEVENTH STREET AND 1249 ELEVENTH STREET CONTRACT
between
AUGUSTA,GEORGIA
And
COLLABORATIVE DEVELOPMENT CORPORATION,LLC
in the amount of
$ 116,400.00
One Hundred Sixteen Thousand Four Hundred &00/100
for Fiscal Year 2017/2018
Providing funding for
HOME INVESTMENT PARTNERSHIPS PROGRAM
DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY HOME INVESTMENT
PROGRAM(CHIP)
"1312 Eleventh Street"
THIS AGREEMENT ("Contract"), is made and entered into as of the day of , 2018
("the effective date") by and between Augusta, Georgia, acting through the Housing and Community
Development Department(hereinafter referred to as"HCD")-with principal offices at 925 Laney
Walker Blvd.,3rd Floor,Augusta,Georgia 30901,as party of the first part,hereinafter called "Augusta",
and Community Development Collaborative, LLC, a Georgia limited partnership company, organized
pursuant to the Laws of the State of Georgia, hereinafter called "The Collaborative" as party in the
second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a HOME Program Participating Jurisdiction, and has received HOME
Investment Partnerships 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 Program eligible low and moderate income families through
eligible uses of its HOME Program grant funds,as described in the Augusta-Richmond County
Consolidated Plan 2014-2018,and the Year 2017 Annual Action Plan; and
WHEREAS, Augusta wishes to enter into a contractual agreement with The Collaborative for the
administration of HOME eligible affordable housing development activities; and
1
WHEREAS, this activity has been determined to be eligible HOME 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, The Collaborative has agreed to provide services funded through this contract free from
political activities,religious influences or requirements; and
WHEREAS,The Collaborative has requested and Augusta Housing and Community Development has
approved a total of$116,400.00 in HOME funds to perform HOME eligible activities as described in
Article I,
NOW, THEREFORE, the parties of this contract for the consideration set forth below, do here and
now agree to the following terms and conditions:
ARTICLE I. SCOPE OF SERVICES
A. Scope of Services
Project Description:The Collaborative agrees to utilize approved HOME funds to support project related
costs associated with 1312 Eleventh Street. This project is an affordable housing effort which involves
the development and construction of one single family unit to be used as homeownership unit. Under
this contract,The Collaborative shall:
Perform new construction services for 1 single family unit. Project will consist of one(1)three
bedroom unit
Perform all required and requested marketing and advertising activities; in accordance with
"HOME"program"Fair Housing"regulations
4.Demonstrate the project possesses the following required components:
• Evidence of Site Control
• Evidence that units are occupied by low to very low-income end users and rental
guidelines are followed and appropriated documentation is retained for review.
. Locate and provide counseling to eligible low to moderate income homebuyer. Collaborative
will ensure that homebuyer is HOME eligible and meet all qualification to purchase home and
receive homebuyer subsidy.
B. Use of Funds: HOME funds shall be used by The Collaborative for the purposes and objectives
stated in Article I, Scope of Services,and Exhibit"A"of this contract. The use of HOME funds
for any other purpose(s) is not permitted. The following summarizes the proposed uses of
HOME Program funds under this contract:
1. Construction
An amount not to exceed$ 116,400.00 in a grant shall be expended by The Collaborative from
HOME Program Income funds for construction costs related to the development of a single
family unit in the Laney Walker/ Bethlehem Community. The design and specifications must
be approved by AHCD prior to construction(Exhibit A). Funds will be used to assist with the
cost of the following items: architectural fees, design, permits, footings, foundation, floor
2
framing, exterior wall framing, rough plumbing, rough HVAC, rough electric; landscaping,
fencing and all other construction related fees. These units will be constructed by The
Collaborative and sold to eligible low and very-low income persons.
The address for this project : 1312 Eleventh Street,Augusta, Georgia 30901
C. Program Location and Specific Goals to be Achieved
The Collaborative shall conduct project development activities and related services in its project
area that incorporates the following boundaries all that lot or parcel of land,with improvements
thereon,situate lying and being in the State of Georgia,within the boundaries of the former City
of Augusta, fronting 44.61 feet on the east side of Eleventh (l l tn) Street and containing 0.14
acre as shown and designated on a certain plat dated June 26, 1995 prepared for Lydia H.Jenkins
by Jack D. Barker&Associates, Professional Land Surveyors, a copy of which is recorded in
the office of the Clerk of Superior Court, Richmond County Georgia in Reel 495, Page 59,
reference is hereby made to said plat for a more complete and accurate description of the metes
found course and distance of said lot. Said property is designated under the street numbering
system of Richmond County,Georgia as:
Tax Map No. 059-2-203-00-0
This project consist of the construction of a single family affordable unit as the site specified.
D. Project Eligibility Determination
It has been determined that the HOME funds that the Collaborative will be using will be in
compliance with 24 CFR Part 92. The project has been underwritten in accordance with
underwriting standards and criteria of Augusta and that the amount of subsidy provided is
appropriate. Notwithstanding any other provisions of this contract, The Collaborative 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
The Collaborative will be compensated in accordance with this Article II, Budget and Method of
Payment,that specifically identifies the use of HOME and other project funding as represented in Article
II.D.2 of this Contract. The Collaborative will carry out and oversee the implementation of projects to
be funded with HOME funds. The Collaborative 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, The Collaborative, may engage the services of outside professional
services consultants and contractors to help carry out the program and projects.
A. Augusta shall designate and make HOME Project funds available in the following manner:
1. Augusta agrees to pay The Collaborative,a maximum of$ 116,400.00 under this agreement for
project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to The
3
Collaborative compliance with all terms and conditions of this contract and the procedures for
documenting expenses and activities as set forth in ARTICLE V.
2. AHCD will monitor the progress of the project and The Collaborative performance on a weekly
basis with regards to the production of housing units and the overall effectiveness of the project.
3. Upon the termination of this contract, any unused or residual funds remaining shall revert to
Augusta, shall be due and payable on such date of the termination, and shall be paid no later
than thirty(30)days thereafter.
4. Funds may not be transferred from line item to line item in the project budget without the prior
written approval of Augusta.
5. The use of funds described in this contract is subject to the written approval of the U. S.
Department of Housing and Urban Development.
6. This contract is based upon the availability of HOME Program Funds. Funds may be request
on an as needed basis but not more than once a week.
B. Project Financing—Sources&Uses
The Augusta Housing and Community Development Department (AHCD) will fund hundred
percent(100%)by utilizing HOME/CHIP funding therefore no subsidy layering will be required
for the total construction cost of this single project,and seeks to provide the Collaborative with
the necessary HOME Program Agreement. All units within this project are HOME assisted
units. The HOME funding can be used for other project related costs as described below:
a. Collaborative will retain a fee of 25%of the sales price of each unit.
b. Sales of each unit will be through the Augusta Land Bank Authority.
c. All funding is being provided as a grant and must be utilized for project
related cost.
Funding will be provide as listed below:
• HOME Program Funds - $ 20,000.00
• DCA CHIP Grant Funds $ 96,400.00
4?‹64-
C. Timetable for Completion of Project Activities
1. The Collaborative shall obligate the designated HOME within six months of the date of
execution of this Contract. Based on the budget outlined in D.2 below,The Collaborative 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.
4
D. Project Budget:Limitations
1. The Collaborative shall be paid a total consideration of$131,900.00 for full performance of the
services specified under this contract.Any cost above this amount shall be the sole responsibility
of the Collaborative. 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 The Collaborative.
2. The Collaborative shall adhere to the following budget in the performance of this contract.
Construction $ 115,000.00
Project Delivery $ 1,400.00
$ 116,400.00
3. The per-unit subsidy requirements are described in the HOME regulations at 24 CFR 92.250.
The minimum HOME investment in rental housing is $1,000 times the number of HOME
assisted units as described in the HOME regulations at 24 CFR 92.205(c).The maximum per
unit subsidy for this project is listed below:
Section 234 Basic Limit HCP HOME Maximum Per
Bedrooms Subsidy Limit
2 79,782 240% 191,476.80
3 103,212 240% 247,708.80
E. Roles and Responsibilities
The Community Development Collaborative,LLC has agreed to collaborate with Augusta
Housing in the construction and the management of the 1312 Eleventh Street project. The
roles and responsibilities are as follows:
Augusta Housing and Community Development Department(AHCDD):
- Will provide a grant to the Collaborative for all expenses related to development and
construction of one three bedroom single family unit.
- Will be responsible for inspecting all phases of this construction project to warrant that all
work is completed in accordance to construction codes and regulations.
Community Development Collaborative,LLC:
- Will work closely with AHCDD to ensure that all compliance requirements are met.
- Will maintain all recordkeeping, monitoring requirements and reporting requirements
related to this project.
5
- Will work closely with architect for professional services in the design and the development
of units.
- Will certify that all pay requests are reviewed for completion and processed in a timely
manner.
Will closely with potential homebuyers to insure that all program guidelines and rules are
met as related to HOME-eligibility.
ARTICLE III. RESALE/RECAPTURE PROVISIONS [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 Augusta, its subrecipients, and CHDOs follow certain resale/recapture
restrictions with regard to its HOME-funded homebuyer program. Each property sold to a
homebuyer will remain affordable for the duration of the affordability period or Augusta 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 contract shall commence on the date when this contract is executed by Augusta and The
Collaborative(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 X: Suspension and Termination.
ARTICLE V. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
The Collaborative, or any subcontractor hereunder. All payments to The Collaborative by
Augusta will be made on a per performance request through the AIA Document.
B. The Collaborative shall maintain a separate account and accounting process for HOME funding
sources.
6
C. The Collaborative shall not use these funds for any purpose other than the purpose set forth in this
Contract.
D. Subject to The Collaborative' s compliance with the provisions of this Contract, Augusta agrees
to reimburse all budgeted costs allowable under federal, state,and local guidelines.
E. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education,Hospitals and Other Non-Profit Organizations"
as well as the procurement policy of Augusta.
F. Requests by The Collaborative for payment shall be accompanied by proper documentation and
shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30)
calendar days after the last date covered by the request. For purposes of this section, proper
documentation includes: "AIA Document" 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 later than sixty(60) calendar
days after expiration date of this Contract.
G. The Collaborative shall maintain an adequate financial system and internal fiscal controls.
H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by The
Collaborative.
ARTICLE VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
The Collaborative agrees to comply with the conflict of interest provisions contained in 24 CFR
92.356 (f)as appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer,or elected official or appointed official of The Collaborative.No person described above
who exercises, may exercise or has exercised any functions or 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
with whom they have business or family ties,during their tenure or for one year thereafter. For
the purpose of this provision, "family ties",as defined in the above cited volume and provisions
of the Code of Federal Regulations,include those related as Spouse,Father,Mother,Father-in-
law,Mother-in-law,Step-parent,Children, Stepchildren,Brother, Sister,Brother-in-law,Sister-
in-law,Grandparent,Grandchildren of the individual holding any interest in the subject matter
of this Contract. The Collaborative 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 Contract.
7
B. Augusta may, from time to time,request changes to the scope of this contract and obligations
to be performed hereunder by The Collaborative. In such instances,The Collaborative shall
consult with HCD/Augusta on any changes that will result in substantive changes to this
Contract. All such changes shall be made via written amendments to this Contract and shall
be approved by the governing bodies of both Augusta and The Collaborative.
C. Statutes,regulations,guidelines and forms referenced throughout this Contract are listed in
Appendix A and are attached and included as part in parcel to this Contract.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
The Collaborative 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 The Collaborative publications and/or advertisements.
(24 CFR 570.601).
B. Non-Discrimination and Accessibility
The Collaborative 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. Reasonable accommodations will be offered
to all disabled persons who request accommodations due to disability at any time during the
application,resident selection and rent up process.
Ail•r
C. Enforcement Provisions
1. AHCD will conduct yearly on-site inspections of assisted units to verify they are
maintained in standard condition and meet applicable housing quality standards to include
ongoing maintenance requirements.
2. AHCDD is required to place certain restrictions on assisted homebuyer properties in order
to help preserve affordable housing in our communities through a deed restriction filed in
Superior Court of Richmond County 24 CFR 92.252(e)(1)(ii).At which time designated
as the conclusion of the full twenty-year period. The property will remain in the name of
the Augusta Land Bank Authority as the official landholder for Augusta,Georgia.
3. Breach of Agreement or default: Breach occurs when a party to a contract fails to fulfill
his or her obligation as described in the contract,or communicates an intent to fail the
obligation or otherwise appears not to be able to perform his or her obligation under the
contract. Any obligations by either party not being upheld by said agreement will
constitute as noncompliance and result in termination of agreement. HCD will notify
Collaborative if the agreement is in default or has been breached in any manner.
4. Repayment of HOME Funds: If property does not meet the affordability requirements for
the period of affordability,funding will be paid back with nonfederal funds.
8
D. Labor Standards
1. General: The Collaborative agrees that in instances in which there is construction work
over $2,000 financed in whole or in part with HOME funds under this Contract, The
Collaborative will adhere to the Davis-Bacon Act (40 USC 276), as amended, which
requires all laborers and mechanics working on the project to be paid not less than
prevailing wage-rates as determined by the Secretary of Labor. By reason of the
foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC
327 et seq.) also applies. These requirements apply to the rehabilitation of residential
property only if such property contains eight or more units. (24 CFR 92.354)
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 92.354)
E. Environmental Standards
The Collaborative agrees that in accordance with the National Environmental Policy Act of
1969 and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and
regulations, and that no activities will be undertaken until notified by Augusta/HCD that the
activity is in compliance with the Act and regulations. Prior to beginning any project
development activity, an environmental review must be conducted by the Augusta-Richmond
County Planning Department pursuant to(24 CFR 92.352).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), The
Collaborative 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.
G. Displacement and Relocation
The Collaborative agrees to take all reasonable steps to minimize displacement of persons as a
result of HOME assisted activities. Any such activities assisted with HOME 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 92.353).
H. Non-Discrimination in Employment
The Collaborative 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. The Collaborative will in all
solicitations or advertisements for employees placed by or on behalf of The Collaborative; state
9
that all qualified applicants will receive consideration for employment without regard to race,
color,religion, sex,national origin or familial status.
Employment and Business Opportunities
The Collaborative agrees that low and moderate income persons residing within Augusta-
Richmond County; and that contracts for work in connection with the project be awarded to
eligible business concerns which are located in or owned in substantial part by persons residing
in Augusta-Richmond County-(24 CFR 570.697).
J. Lead-Based Paint
In accordance with Section 92.355 of the HOME Regulations the Collaborative 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 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
The Collaborative agrees to comply with 24 CFR Part 24 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 HCD.
L. Drug Free Workplace
In accordance with 24 CFR Part 24, subpart F,The Collaborative 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 The Collaborative for the project funded pursuant to this Contract,
during the term of this Contract 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.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43,if The Collaborative fails to expend its grant funds in a timely
manner, such failure shall constitute a material failure to comply with this Contract and invoke
the suspension and termination provisions of ARTICLE X. For purposes of this Contract,
timely expenditure of funds means The Collaborative shall obligate and expend its funds as
designated under ARTICLE II. (B).
10
O. Compliance with Laws and Permits
The Collaborative shall comply with all applicable laws, ordinances and codes of the federal,
state, and local governments and shall commit no trespass on any public or private property in
performing any of the work embraced by this contract. The Collaborative agrees to obtain all
necessary permits for intended improvements or activities.
P. Assignment of Contract
The Collaborative shall not assign any interest in this contract or transfer any interest in the
same without the prior written approval of Augusta.
Q. Equal Employment Opportunity
The Collaborative agrees to comply with the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
regulations at 24 CFR Part 146 and the prohibitions against otherwise qualified individuals with
handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8. For purposes of the emergency shelter grants
program,the term dwelling units in 24 CFR part 8 shall include sleeping accommodations.
R. Affirmative Action
The Collaborative will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. The Collaborative will
take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, national origin, or The
Collaborative 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. The Collaborative 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.The Collaborative agrees to make efforts to encourage the use
of minority and women-owned business enterprises in connection with HOME supported
activities.
S. Affirmative Marketing Plan
The Collaborative and managing agent shall adopt the affirmative marketing procedures and
requirements as specified in the HOME Final Rule 92.351 for The Eleventh Street Project.
T. Religious Influence
The Collaborative 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. The
Collaborative will not discriminate against any person applying for shelter on the basis of
religion. The Collaborative will provide no religious instruction or counseling, conduct no
11
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.
U. Indirect Costs
Indirect costs will only be paid if The Collaborative has indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this Contract.
V. Travel
If applicable, The Collaborative 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).
W Construction Requirements-SEE APPENDIX C
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 92.251
[the HOME Program Regulations]. The Property Standards at 24 CFR 92.251 require that the
units receiving HOME 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 units assisted under this Contract is "new construction" by HOME
Program definition and therefore must meet the local building codes for new housing in
Augusta-Richmond County, as applicable. All units must meet applicable property standards
upon project completion.
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event The Collaborative 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 The Collaborative
cures any breach of the contract. If The Collaborate fails to cure the breach, Augusta may
suspend or terminate the current award of HOME funds for The Collaborate project.
B. Notwithstanding the above, The Collaborative shall not be relieved of its liability to Augusta
for damages sustained as a result of any breach of this contract. In addition, to any other
remedies it may have at law or equity, Augusta may withhold any payments to The
Collaborative for the purposes of set off until such time as the exact amount of damages is
determined.
C. In the best interest of the program and to better serve the people in the target areas and fulfill
the purposes of the Act, the City of Augusta can terminate this contract if The Collaborative
breach this contract or violate any regulatory rules. The City of Augusta can terminate the
contrite in 30 days and call the note due.
D. Notwithstanding any termination or suspension of this Contract,The Collaborative 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 HOME funds previously disbursed or income derived
therefrom.
12
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail,return receipt requested, addressed to the party for whom it is intended, at
the place last specified,and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
535 Telfair Street
Augusta,GA 30911 With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 3rd Floor
Augusta, GA 30901
Collaborative will receive all notices at the address indicated below:
Community Development Collaborative,LLC
1378 Laney Walker Blvd.
Augusta, Georgia 30901
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
ARTICLE XII. INDEMNIFICATION
The Collaborative 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 Contract. By execution of this agreement, The Collaborative 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 Contract, or should the terms of this Contract in any way be the subject of litigation in
any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control
same.
The parties hereto do agree to bind themselves,their heirs,executors,administrators,trustees,successors
and assigns, all jointly and severally under the terms of this Contract.
ARTICLE XIII. INSURANCE AND BONDING
Collaborative 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
13
subject to approval by Augusta.Additionally,Collaborative 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
Collaborative handling or charged with the responsibility for handling funds and property pursuant to
this contract. Collaborative 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.
Additionally, Collaborative shall procure officers and directors liability insurance under policies to be
approved by 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 required to be provided by
Collaborative 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 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 The Collaborative beyond the term of this Contract.
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 Contract shall be deemed to be inserted herein and this Contract 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 Contract shall forthwith be amended
to make such insertion.
ARTICLE XVI. ANTI-LOBBYING
To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grants
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
14
Congress in connection with this Federal contract, grant, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
15
m.
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.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA,GEORGIA
SEAL / 4114
By:
I ii.Hardie Davis,Jr. Date
x , ,,f,,, , a As Its Mayor
7 i .tu( l ct
Lena Bo z tt t
Clerli ofrnmjssian •hI, � - ,..,/,,,I(p
ot Janice + .J: on Date
�� i c�X64 J1 • Administrat 1
, ,
10i10►3A:4"* t
`_ z
orne W a
Di r,AHCD
ATTEST: COMMUNITY DEVELOPMENT COLLABORATIVE,LLC
(Grantee)
4
i / By:
4/ ..11111
-� Its: �QFStfl 'C / 17---1D—leDate
% 40/
Its: �� r� _. . 'III 11 / 44110 A /,2-rd-ii
i.lain witnes ) Date
16
APPENDIX A
Statutes:
24 CFR Part 92,HOME Investment Partnerships Program ("HOME")
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education,Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122-Cost Principles for Non-Profit Organizations
OMB Circular A-133 -Audits of Institutions of Higher Education&other Non-Profit Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 — HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint
Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being
sold,Final Rule
Augusta-Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
Reimbursement Form
Contract and Subcontract Activity Report
Monthly Report
Quarterly Report
Annual Report
17
APPENDIX B
REPORTING REQUIREMENTS
The Collaborative shall submit to the Grantee the following reports for the term of this agreement and
maintain applicable documentation for the full term of the affordability period. Augusta reserves the
right to change reporting requirements, as needed as well as the right to review records and reports for
the public,HUD,IG or any other interested party as deemed appropriate.
1. Monthly/Quarterly Progress & Financial Reports Due the 15th of the
month for each new quarter.
4. Audit/Financial Report by April 30`h each year until 2019
5. Contract&Subcontract Activity Report Due upon receiving NTP
6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not
restricted to, income data and verification for each person assisted; Rental housing
application, worker order requests, inspection reports, payment history, pest control
log, violation report; and any other document that will provide proof of needed
service(s) and subsequent provision of such service(s)as allowed under this contract.
7. Collaborative shall establish and maintain an Affirmative Marketing file to hold
advertisements, flyers and other public information. Must also keep records of its
activities in implementing the affirmative marketing plan, including other community
outreach efforts and its annual analysis.
8. Collaborative shall keep up-to-date records based on census data, applications, and
surveys about community residents, applicants, residents of the project, and records
about tenant selection or rejection.
18
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. Eligible Contractors: Any contractor desiring to bid on HOME projects may apply for inclusion
on the AHCD 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 federally funded projects.
3. 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 use.
4. Change Orders: Change orders are a part of doing business in, but will be managed by written
request to AHCD for approval. No one can give a verbal change order on site. Documentation
must be submitted and approved by Program Manager and Director of HCD.
5. Retainage for 10%of each draw will be withheld until all the work is complete.
19
6. Property Standards: 92.251(a)(1)requires new construction projects to meet State and local codes,
ordinances, and zoning requirements.. In the absence of an applicable State or local code for new
construction, HOME-assisted projects must meet the International Code Council's (ICC's)
International Residential Code or International Building Code,whichever is applicable to the type
of housing being developed.
§92.251(a)(2)incorporates or specifies additional standards:
• Accessibility requirements as applicable,in accordance with Section 504 of the
Rehabilitation Act,the Americans with Disabilities Act, and the Fair Housing Act.These
requirements are not new.
• Disaster mitigation standards, in accordance with State and local requirements or as
established by HUD,where they are needed to mitigate the risk of potential disasters(such
as earthquakes,hurricanes,flooding, and wildfires).This is a new requirement.
§92.251(a)(iv)and(v)adds requirements to improve project oversight for new construction. HCD
must:
• Review and approve written cost estimates,construction contracts, and construction
documents.
• Conduct construction progress and final inspections to ensure that work is done in
accordance with the applicable codes,the construction contract, and construction
documents.
7. Inspections.The project will be inspected and approved by an AHCD Construction and
Rehabilitation Inspector prior to release of the funds for that project.
8. HOME-assisted rental housing must meet the required property standards at the time of the project
completion and must be maintained in accordance with applicable housing quality standards
throughout the affordability period.
20
EXHIBIT"A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Augusta Housing and Community Development Department will provide
$ 116,400.00 in Year 2017 HOME Investment Partnerships Funds/CHIP Grant Funds to The
Collaborative.These funds will support new construction with the production of approximately
1 affordable single family unit and homebuyer subsidy for homebuyer.
2. AHCDD must review and approve all residential design plans, project specifications and total
development cost for each residential development project before work is commenced and
before funds can be released for payment reimbursement. Construction payments will be
released to The Collaborative in accordance with the attached drawdown schedule and budget.
3. With AHCDD approval,The Collaborative may use HOME funds under this contract for all the
following purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion Delays,Remedies,and Penalties
A. If the Contractor fails to complete the work within the time frame specified in the contract,
plus any authorized delays,AHCDD may
1. Terminate the contractor in accordance with the"Provisions for Augusta Housing and
Community Development Department(AHCDD)"clause of this contract.
2. Assess liquidated damages of fifty dollars($50.00)per working day from the schedule
of completion to the date of final acceptance of the project. The total amount of
liquidated damages will be deducted from the total contract price,plus any change order
amounts.
B. The Contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
1. To any acts of the Federal, State, or City/County Government; including controls or
restrictions upon or requisitioning of materials, equipment, tools or labor by reason or
war,National Defense, or other National, State or City/County emergency.
2. To any acts of the Owner that hinder the progress of the work.
3. To causes not reasonable foreseeable by the parties to this contract at the time of the
execution of the contract which are beyond the control and without the fault or
negligence of the Contractor;including but not restricted to acts of God;as of the public
enemy; acts of another contractor in the performance of some other contract with the
owner;fires;epidemics;quarantine restrictions;strikes;freight embargoes;and weather
of unusual severity such as hurricanes,tornadoes, cyclones, and other extreme weather
conditions; and
21
4. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided,however,that the contractor promptly(within
10 days)notifies AHCDD in writing of the cause of the delay. If the fact show the delay
to be properly excusable under the terms of this contract, AHCDD shall extend the
contract time by a period commensurate with the period of authorized delay to the
completion of the work as whole; in the form of an amendment to this contract.
6. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be identified on a projectby-
project basis in EXHIBIT B. In no case will this amount exceed the maximum per unit
amount as defined at 24 CFR 92.250.
b. The Collaborative will provide construction management for the project to ensure that
construction work is being carried out in accordance with plans, specifications and the
project budget.
c. The Collaborative must make sure contractor obtains and posts all permits on job site.
Prior to releasing final payment on each unit,the Collaborative must also secure a Certificate
of Occupancy from the contractor that has been issued by the Department of Licenses and
Inspection.
d. The Collaborative must collect progress and final lien releases from the contractor,
subcontractors and material suppliers prior to making a payment to a contractor.
e. HCD may continually inspect each unit for contract compliance and to determine the percent
of completion prior to processing a draw request and releasing payment. HCD may elect to
make up to five(5)payments per unit. HCD may choose not to release payments if the work
being performed is not of acceptable quality to HCD and if the unit is not being built or
rehabilitated in accordance with plans and specifications, or if project is not on schedule.
22
EXHIBIT B: ESTIMATED PER UNIT AND/OR TOTAL DEVELOPMENT COSTS
PROJECT ADDRESS: NEIGHBORHOOD
TYPE DEVELOPMENT: New Construction Rehabilitation
LOT SIZE:
NO. OF BEDROOMS: [ ]4 [ ]3 []2 [ ]1
NO. OF BATHROOMS: [ ]4 [ ]3 []2 [ ]1
S.F. HEATED SPACE:
LAND,CONSTRUCTION& SOFT COST: ESTIMATES Per S.F. Cost
Land and Construction Costs
Property Acquisition
Site Preparation
General Construction—Contract Amount
Contingency
Sewer Tap
Water Meter
Landscaping
Fencing
Grading
Aluminum Mini-Blinds
Alarm System
Termite Treatment
Other -Specify
Total Estimated Land&Construction Costs Per S.F. Cost
Soft Costs
Appraisal
Title Search
Survey
Plans, Specs,A&E
Real Estate Commission
Advance on Non-Profit Developer Fee
Temporary Utilities
Yard Maintenance during Sale Period
Property Taxes
Builders Risk Insurance
Construction Interest on Bank Loans
Closing Cost
Other-Spec
Total Estimated Soft Costs Per S.F. Cost
23
DEVELOPMENT COST SUMMARY
PROPOSED DEVELOPMENT COSTS SF
PROPOSED SALE PRICE SF
NON-PROFIT FUNDS SF
HOME FUNDS REQUESTED SF
PROJECTED HOME SUBSIDY SF
EXHIBIT"C"
PROJECT SCHEDULE OF COMPLETION
THE COLLABORATIVE MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS
EXHIBIT C- WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER
SIGNING THIS CONTRACT THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL
TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE
PERFORMANCE OF THIS CONTRACT A SAMPLE SCHEDULE IS PROVIDED BELOW
s e
xvii
Tse 1 4 ''. Start x ,4a
Start date
Excavation
Concrete
Pre backfill
Framing
Roof
Plumbing
Windows
HVAC
Electrical
House wrap
Insulation
Drywall
Exterior stone
Exterior case work
Cabinets
Plumbing -hang sinks
Interior doors
24
Millwork
Interior painting
Schedule Buffer
Interior doors-hang & hardware
Appliances
Plumbing
Electrical
Bathroom Glass
FINAL Inspections
Wrap up/Cleaning
Complete
25
CONTRACT
between
AUGUSTA,GEORGIA
And
COLLABORATIVE DEVELOPMENT CORPORATION,LLC
in the amount of
$ 116,400.00
One Hundred Sixteen Thousand Four Hundred&00/100
for Fiscal Year 2017/2018
Providing funding for
HOME INVESTMENT PARTNERSHIPS PROGRAM
DEPARTMENT OF COMMUNITY AFFAIRS COMMUNITY HOME INVESTMENT
PROGRAM(CHIP)
"1249 Eleventh Street"
THIS AGREEMENT ("Contract"), is made and entered into as of the day of , 2018
("the effective date") by and between Augusta, Georgia, acting through the Housing and Community
Development Department(hereinafter referred to as"HCD")-with principal offices at 925 Laney
Walker Blvd.,3rd Floor,Augusta,Georgia 30901,as party of the first part,hereinafter called "Augusta",
and Community Development Collaborative, LLC, a Georgia limited partnership company, organized
pursuant to the Laws of the State of Georgia, hereinafter called "The Collaborative" as party in the
second part.
WITNESSETH
WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development
(hereinafter called HUD) as a HOME Program Participating Jurisdiction, and has received HOME
Investment Partnerships 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 Program eligible low and moderate income families through
eligible uses of its HOME Program grant funds,as described in the Augusta-Richmond County
Consolidated Plan 2014-2018, and the Year 2017 Annual Action Plan; and
WHEREAS, Augusta wishes to enter into a contractual agreement with The Collaborative for the
administration of HOME eligible affordable housing development activities; and
1
WHEREAS, this activity has been determined to be eligible HOME 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, The Collaborative has agreed to provide services funded through this contract free from
political activities,religious influences or requirements; and
WHEREAS,The Collaborative has requested and Augusta Housing and Community Development has
approved a total of$ 116,400.00 in HOME funds to perform HOME eligible activities as described in
Article I,
NOW, THEREFORE, the parties of this contract 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:The Collaborative agrees to utilize approved HOME funds to support project related
costs associated with 1249 Eleventh Street. This project is an affordable housing effort which involves
the development and construction of one single family unit to be used as homeownership unit. Under
this contract,The Collaborative shall:
Ak Perform new construction services for one single family unit. Project will consist of one(1)three
bedroom unit
Perform all required and requested marketing and advertising activities; in accordance with
"HOME"program"Fair Housing"regulations
k.. Demonstrate the project possesses the following required components:
• Evidence of Site Control
• Evidence that units are occupied by low to very low-income end users and rental
guidelines are followed and appropriated documentation is retained for review.
Alp Locate and provide counseling to eligible low to moderate income homebuyer. Collaborative
will ensure that homebuyer is HOME eligible and meet all qualification to purchase home and
receive homebuyer subsidy.
B. Use of Funds: HOME funds shall be used by The Collaborative for the purposes and objectives
stated in Article I, Scope of Services,and Exhibit"A"of this contract. The use of HOME funds
for any other purpose(s) is not permitted. The following summarizes the proposed uses of
HOME Program funds under this contract:
1. Construction
An amount not to exceed$ 116,400.00 in a grant shall be expended by The Collaborative from
HOME Program Income funds for construction costs related to the development of a single
family unit in the Laney Walker/ Bethlehem Community. The design and specifications must
be approved by AHCD prior to construction(Exhibit A). Funds will be used to assist with the
cost of the following items: architectural fees, design, permits, footings, foundation, floor
2
framing, exterior wall framing, rough plumbing, rough HVAC, rough electric; landscaping,
fencing and all other construction related fees. These units will be constructed by The
Collaborative and sold to eligible low and very-low income persons.
The address for this project : 1249 Eleventh Street,Augusta,Georgia 30901
C. Program Location and Specific Goals to be Achieved
The Collaborative shall conduct project development activities and related services in its project
area that incorporates the following boundaries all that lot or parcel of land,with improvements
thereon,situate lying and being in the State of Georgia, on the East side of Pine Street on which
it fronts twenty-five and 50/1000 (25.50) feet, more or less, and extends back of even with in
an Easterly direction of one hundred fifty-nine (159) feet more or less, and being bounded as
follows: on the North by property now or formerly of Mary Alice Bryant; on the East by
property now or formerly of John R. Cotton; on the South by property now or formerly of Julia
Walton; and on the West by Pine Street.
Tax Map No. 059-2-024-00-0
This project consist of the construction of a single family affordable unit as the site specified.
D. Project Eligibility Determination
It has been determined that the HOME funds that the Collaborative will be using will be in
compliance with 24 CFR Part 92. The project has been underwritten in accordance with
underwriting standards and criteria of Augusta and that the amount of subsidy provided is
appropriate. Notwithstanding any other provisions of this contract, The Collaborative 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
The Collaborative will be compensated in accordance with this Article II, Budget and Method of
Payment,that specifically identifies the use of HOME and other project funding as represented in Article
II.D.2 of this Contract. The Collaborative will carry out and oversee the implementation of projects to
be funded with HOME funds. The Collaborative 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, The Collaborative, may engage the services of outside professional
services consultants and contractors to help carry out the program and projects.
A. Augusta shall designate and make HOME Project funds available in the following manner:
1. Augusta agrees to pay The Collaborative,a maximum of$ 116,400.00 under this agreement for
project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to The
Collaborative compliance with all terms and conditions of this contract and the procedures for
documenting expenses and activities as set forth in ARTICLE V.
3
2. AHCD will monitor the progress of the project and The Collaborative performance on a weekly
basis with regards to the production of housing units and the overall effectiveness of the project.
3. The collaborative agrees to retain 25% of the total sales price/construction cost which ever is
less to be used as developer's fee and reported as program income to use for additional projects.
4. Upon the termination of this contract, any unused or residual funds remaining shall revert to
Augusta, shall be due and payable on such date of the termination, and shall be paid no later
than thirty(30)days thereafter.
5. Funds may not be transferred from line item to line item in the project budget without the prior
written approval of Augusta.
6. The use of funds described in this contract is subject to the written approval of the U. S.
Department of Housing and Urban Development.
6. This contract is based upon the availability of HOME Program Funds. Funds may be request
on an as needed basis but not more than once a week.
B. Project Financing—Sources&Uses
The Augusta Housing and Community Development Department (AHCD) will fund hundred
percent(100%)by utilizing HOME/CHIP funding therefore no subsidy layering will be required
for the total construction cost of this single project,and seeks to provide the Collaborative with
the necessary HOME Program Agreement. All units within this project are HOME assisted
units. The HOME funding can be used for other project related costs as described below:
a. Collaborative will retain a fee of 25%of the sales price of each unit.
b. Sales of each unit will be through the Augusta Land Bank Authority.
c. All funding is being provided as a grant and must be utilized for project
related cost.
Funding will be provide as listed below:
• HOME Program Funds - $ 20,000.00
• DCA CHIP Grant Funds $ 96,400000
C. Timetable for Completion of Project Activities
1. The Collaborative shall obligate the designated HOME within six months of the date of
execution of this Contract. Based on the budget outlined in D.2 below,The Collaborative 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.
4
D. Project Budget: Limitations
1. The Collaborative shall be paid a total consideration of$116,400.00 for full performance of the
services specified under this contract.Any cost above this amount shall be the sole responsibility
of the Collaborative. 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 The Collaborative.
2. The Collaborative shall adhere to the following budget in the performance of this contract.
Construction $ 115,000.00
Project,Delivery $ 1,400.00
$ 116,400.00
3. The per-unit subsidy requirements are described in the HOME regulations at 24 CFR 92.250.
The minimum HOME investment in rental housing is $1,000 times the number of HOME
assisted units as described in the HOME regulations at 24 CFR 92.205(c). The maximum per
unit subsidy for this project is listed below:
Section 234 Basic Limit HCP HOME Maximum Per
Bedrooms Subsidy Limit
2 79,782 240% 191,476.80
3 103,212 240% 247,708.80
E. Roles and Responsibilities
The Community Development Collaborative,LLC has agreed to collaborate with Augusta
Housing in the construction and the management of the 1249 Eleventh Street project. The
roles and responsibilities are as follows:
Augusta Housing and Community Development Department(AHCDD):
- Will provide a grant to the Collaborative for all expenses related to development and
construction of one three bedroom single family unit.
- Will be responsible for inspecting all phases of this construction project to warrant that all
work is completed in accordance to construction codes and regulations.
Community Development Collaborative,LLC:
- Will work closely with AHCDD to ensure that all compliance requirements are met.
- Will maintain all recordkeeping, monitoring requirements and reporting requirements
related to this project.
5
- Will work closely with architect for professional services in the design and the development
of units.
- Will certify that all pay requests are reviewed for completion and processed in a timely
manner.
Will closely with potential homebuyers to insure that all program guidelines and rules are
met as related to HOME-eligibility.
ARTICLE III. RESALE/RECAPTURE PROVISIONS [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 Augusta, its subrecipients, and CHDOs follow certain resale/recapture
restrictions with regard to its HOME-funded homebuyer program. Each property sold to a
homebuyer will remain affordable for the duration of the affordability period or Augusta 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 contract shall commence on the date when this contract is executed by Augusta and The
Collaborative(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 X: Suspension and Termination.
ARTICLE V. DOCUMENTATION AND PAYMENT
A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
The Collaborative, or any subcontractor hereunder. All payments to The Collaborative by
Augusta will be made on a per performance request through the AIA Document.
B. The Collaborative shall maintain a separate account and accounting process for HOME funding
sources.
6
C. The Collaborative shall not use these funds for any purpose other than the purpose set forth in this
Contract.
D. Subject to The Collaborative' s compliance with the provisions of this Contract, Augusta agrees
to reimburse all budgeted costs allowable under federal, state, and local guidelines.
E. All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant
Agreements with Institutions of Higher Education,Hospitals and Other Non-Profit Organizations"
as well as the procurement policy of Augusta.
F. Requests by The Collaborative for payment shall be accompanied by proper documentation and
shall be submitted to HCD, transmitted by a cover memo, for approval no later than thirty (30)
calendar days after the last date covered by the request. For purposes of this section, proper
documentation includes: "AIA Document" 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 later than sixty (60) calendar
days after expiration date of this Contract.
G. The Collaborative shall maintain an adequate financial system and internal fiscal controls.
H. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request,
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by The
Collaborative.
ARTICLE VIII ADMINISTRATIVE REQUIREMENTS
A. Conflict of Interest
The Collaborative agrees to comply with the conflict of interest provisions contained in 24 CFR
92.356 (f)as appropriate.
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer,or elected official or appointed official of The Collaborative.No person described above
who exercises, may exercise or has exercised any functions or 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
with whom they have business or family ties,during their tenure or for one year thereafter. For
the purpose of this provision, "family ties",as defined in the above cited volume and provisions
of the Code of Federal Regulations, include those related as Spouse,Father,Mother,Father-in-
law,Mother-in-law, Step-parent,Children,Stepchildren,Brother,Sister,Brother-in-law, Sister-
in-law,Grandparent,Grandchildren of the individual holding any interest in the subject matter
of this Contract. The Collaborative 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 Contract.
7
B. Augusta may, from time to time,request changes to the scope of this contract and obligations
to be performed hereunder by The Collaborative. In such instances,The Collaborative shall
consult with HCD/Augusta on any changes that will result in substantive changes to this
Contract. All such changes shall be made via written amendments to this Contract and shall
be approved by the governing bodies of both Augusta and The Collaborative.
C. Statutes,regulations,guidelines and forms referenced throughout this Contract are listed in
Appendix A and are attached and included as part in parcel to this Contract.
ARTICLE IX. OTHER REQUIREMENTS
A. Fair Housing
The Collaborative 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 The Collaborative publications and/or advertisements.
(24 CFR 570.601).
B. Non-Discrimination and Accessibility
The Collaborative 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. Reasonable accommodations will be offered
to all disabled persons who request accommodations due to disability at any time during the
application,resident selection and rent up process. -4111"/
C. Enforcement Provisions
1. AHCD will conduct yearly on-site inspections of assisted units to verify they are
maintained in standard condition and meet applicable housing quality standards to include
ongoing maintenance requirements.
2. AHCDD is required to place certain restrictions on assisted homebuyer properties in order
to help preserve affordable housing in our communities through a deed restriction filed in
Superior Court of Richmond County 24 CFR 92.252(e)(1)(ii). At which time designated
as the conclusion of the full twenty-year period. The property will remain in the name of
the Augusta Land Bank Authority as the official landholder for Augusta,Georgia.
3. Breach of Agreement or default: Breach occurs when a party to a contract fails to fulfill
his or her obligation as described in the contract, or communicates an intent to fail the
obligation or otherwise appears not to be able to perform his or her obligation under the
contract. Any obligations by either party not being upheld by said agreement will
constitute as noncompliance and result in termination of agreement. HCD will notify
Collaborative if the agreement is in default or has been breached in any manner.
4. Repayment of HOME Funds: If property does not meet the affordability requirements for
the period of affordability, funding will be paid back with nonfederal funds.
8
D. Labor Standards
1. General: The Collaborative agrees that in instances in which there is construction work
over $2,000 financed in whole or in part with HOME funds under this Contract, The
Collaborative will adhere to the Davis-Bacon Act (40 USC 276), as amended, which
requires all laborers and mechanics working on the project to be paid not less than
prevailing wage-rates as determined by the Secretary of Labor. By reason of the
foregoing requirement, the Contract Work Hours and Safety Standards Act (40 USC
327 et seq.) also applies. These requirements apply to the rehabilitation of residential
property only if such property contains eight or more units. (24 CFR 92.354)
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 92.354)
E. Environmental Standards
The Collaborative agrees that in accordance with the National Environmental Policy Act of
1969 and 24 CFR part 58, it will cooperate with Augusta/HCD in complying with the Act and
regulations, and that no activities will be undertaken until notified by Augusta/HCD that the
activity is in compliance with the Act and regulations. Prior to beginning any project
development activity, an environmental review must be conducted by the Augusta-Richmond
County Planning Department pursuant to(24 CFR 92.352).
F. Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), The
Collaborative 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.
G. Displacement and Relocation
The Collaborative agrees to take all reasonable steps to minimize displacement of persons as a
result of HOME assisted activities. Any such activities assisted with HOME 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 92.353).
H. Non-Discrimination in Employment
The Collaborative 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. The Collaborative will in all
solicitations or advertisements for employees placed by or on behalf of The Collaborative; state
9
that all qualified applicants will receive consideration for employment without regard to race,
color,religion, sex,national origin or familial status.
Employment and Business Opportunities
The Collaborative agrees that low and moderate income persons residing within Augusta-
Richmond County; and that contracts for work in connection with the project be awarded to
eligible business concerns which are located in or owned in substantial part by persons residing
in Augusta-Richmond County-(24 CFR 570.697).
J. Lead-Based Paint
In accordance with Section 92.355 of the HOME Regulations the Collaborative 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 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
The Collaborative agrees to comply with 24 CFR Part 24 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 HCD.
L. Drug Free Workplace
In accordance with 24 CFR Part 24, subpart F,The Collaborative 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 The Collaborative for the project funded pursuant to this Contract,
during the term of this Contract 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.
N. Timely Expenditure of Funds
In accordance with 24 CFR 85.43,if The Collaborative fails to expend its grant funds in a timely
manner, such failure shall constitute a material failure to comply with this Contract and invoke
the suspension and termination provisions of ARTICLE X. For purposes of this Contract,
timely expenditure of funds means The Collaborative shall obligate and expend its funds as
designated under ARTICLE II. (B).
10
O. Compliance with Laws and Permits
The Collaborative shall comply with all applicable laws, ordinances and codes of the federal,
state, and local governments and shall commit no trespass on any public or private property in
performing any of the work embraced by this contract. The Collaborative agrees to obtain all
necessary permits for intended improvements or activities.
P. Assignment of Contract
The Collaborative shall not assign any interest in this contract or transfer any interest in the
same without the prior written approval of Augusta.
Q. Equal Employment Opportunity
The Collaborative agrees to comply with the prohibitions against discrimination on the basis of
age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing
regulations at 24 CFR Part 146 and the prohibitions against otherwise qualified individuals with
handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part 8. For purposes of the emergency shelter grants
program,the term dwelling units in 24 CFR part 8 shall include sleeping accommodations.
R. Affirmative Action
The Collaborative will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, national origin, or familial status. The Collaborative will
take affirmative action to insure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, national origin, or The
Collaborative 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. The Collaborative 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. The Collaborative agrees to make efforts to encourage the use
of minority and women-owned business enterprises in connection with HOME supported
activities.
-wiroo
S. Affirmative Marketing Plan
The Collaborative and managing agent shall adopt the affirmative marketing procedures and
requirements as specified in the HOME Final Rule 92.351 for The Eleventh Street Project.
T. Religious Influence
The Collaborative 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. The
Collaborative will not discriminate against any person applying for shelter on the basis of
religion. The Collaborative 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.
11
U. Indirect Costs
Indirect costs will only be paid if The Collaborative has indirect cost allocation plan approved
by the Department of Housing and Urban Development prior to the execution of this Contract.
V. Travel
If applicable, The Collaborative 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).
W Construction Requirements- SEE APPENDIX C
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 92.251
[the HOME Program Regulations]. The Property Standards at 24 CFR 92.251 require that the
units receiving HOME 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 units assisted under this Contract is "new construction" by HOME
Program definition and therefore must meet the local building codes for new housing in
Augusta-Richmond County, as applicable. All units must meet applicable property standards
upon project completion.
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event The Collaborative 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 The Collaborative
cures any breach of the contract. If The Collaborate fails to cure the breach, Augusta may
suspend or terminate the current award of HOME funds for The Collaborate project.
B. Notwithstanding the above, The Collaborative shall not be relieved of its liability to Augusta
for damages sustained as a result of any breach of this contract. In addition, to any other
remedies it may have at law or equity, Augusta may withhold any payments to The
Collaborative for the purposes of set off until such time as the exact amount of damages is
determined.
C. In the best interest of the program and to better serve the people in the target areas and fulfill
the purposes of the Act, the City of Augusta can terminate this contract if The Collaborative
breach this contract or violate any regulatory rules. The City of Augusta can terminate the
contrite in 30 days and call the note due.
D. Notwithstanding any termination or suspension of this Contract,The Collaborative 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 HOME funds previously disbursed or income derived
therefrom.
12
ARTICLE XI. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail,return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
Augusta will receive all notice at the address indicated below:
Office of the Administrator
Municipal Building
535 Telfair Street
Augusta, GA 30911 With copies to:
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 3rd Floor
Augusta, GA 30901
Collaborative will receive all notices at the address indicated below:
Community Development Collaborative,LLC
1378 Laney Walker Blvd.
Augusta, Georgia 30901
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
ARTICLE XII. INDEMNIFICATION
The Collaborative 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 Contract. By execution of this agreement, The Collaborative 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 Contract, or should the terms of this Contract in any way be the subject of litigation in
any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control
same.
The parties hereto do agree to bind themselves,their heirs,executors,administrators,trustees,successors
and assigns, all jointly and severally under the terms of this Contract.
ARTICLE XIII. INSURANCE AND BONDING
Collaborative 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, Collaborative 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
13
Collaborative handling or charged with the responsibility for handling funds and property pursuant to
this contract. Collaborative 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.
Additionally, Collaborative shall procure officers and directors liability insurance under policies to be
approved by 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 required to be provided by
Collaborative 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 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
shalLbe predicated upon any prior representations or agreements whether oral or written. Augusta is not
obligated to provide funding of any kind to The Collaborative beyond the term of this Contract.
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 Contract shall be deemed to be inserted herein and this Contract 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 Contract shall forthwith be amended
to make such insertion.
ARTICLE XVI. ANTI-LOBBYING
To the best of the jurisdiction's knowledge and belief:
No Federal appropriated funds have been paid or will be paid,by or on behalf of it, to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal
grants
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, or cooperative agreement, it will
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in
accordance with its instructions; and
14
It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be
included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
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.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA,GEORGIA
(Augusta)
SEAL
�.�. . s By:
si
/\______ -----:::)
�° ,"`e ', ,/� 1 Hardie Davis,Jr. Date
f °' � , As Its Mayor
kJ/ 14&ti &th,,1,1/ . I' i. 12 43///
err Bo to.1 1 - ,,, e s,
Cltk of eomiklissid 4 :1;, "S d ` 4 1A I / 40,04... /Z/I�/(J
IC ta' ''',. ; e A Janice ' .J, son Date
K : vt e
.s Administrato
.,` c° OltbNa
Lift\ II\)1 1
lith horne Welc - Date
Direr or,AHCD
ATTEST: COMMUNITY DEVELOPMENT COLLABORATIVE,LLC
(Grantee)
By: ?HA5b9 IZ-'ID-!a
' Its: 'Qde..bio �.rT Date
i 2//oAve
Its: iMPIr, Date -
'..
�1 � as id,iI
`Plain witness Date
15
APPENDIX A
Statutes:
24 CFR Part 92,HOME Investment Partnerships Program ("HOME")
OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with
Institutions of Higher Education,Hospitals, and Other Non-Profit Organizations
OMB Circular A- 122 -Cost Principles for Non-Profit Organizations
OMB Circular A-133 -Audits of Institutions of Higher Education&other Non-Profit Institutions
40 USC 276 Davis-Bacon Act
40 USC 327 Contract Work Hours and Safety Standard Act
Uniform Relocation Assistance and Real Property Acquisition Policies Act
Lead Based Paint Poisoning Prevention Act
24 CFR 35 — HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint
Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being
sold,Final Rule
Augusta-Richmond County Procurement Policy
Conflict of Interest Affidavit
Forms:
Reimbursement Form
Contract and Subcontract Activity Report
Monthly Report
Quarterly Report
Annual Report
16
APPENDIX B
REPORTING REQUIREMENTS
The Collaborative shall submit to the Grantee the following reports for the term of this agreement and
maintain applicable documentation for the full term of the affordability period.Augusta reserves the
right to change reporting requirements,as needed as well as the right to review records and reports for
the public,HUD,IG or any other interested party as deemed appropriate.
1. Monthly/Quarterly Progress & Financial Reports Due the 15th of the
month for each new quarter.
4. Audit/Financial Report by April 30`h each year until 2019
5. Contract&Subcontract Activity Report Due upon receiving NTP
6. Grantee shall maintain files on each person assisted. Each file shall contain, but is not
restricted to, income data and verification for each person assisted; Rental housing
application, worker order requests, inspection reports, payment history, pest control
log, violation report; and any other document that will provide proof of needed
service(s)and subsequent provision of such service(s)as allowed under this contract.
7. Collaborative shall establish and maintain an Affirmative Marketing file to hold
advertisements, flyers and other public information. Must also keep records of its
activities in implementing the affirmative marketing plan, including other community
outreach efforts and its annual analysis.
8. Collaborative shall keep up-to-date records based on census data, applications, and
surveys about community residents, applicants, residents of the project, and records
about tenant selection or rejection.
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. Eligible Contractors: Any contractor desiring to bid on HOME projects may apply for inclusion
on the AHCD 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 federally funded projects.
3. 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 use.
18
4. Change Orders: Change orders are a part of doing business in, but will be managed by written
request to ARCD for approval. No one can give a verbal change order on site. Documentation
must be submitted and approved by Program Manager and Director of HCD.
5. Retainage for 10%of each draw will be withheld until all the work is complete.
6. Property Standards: 92.251(a)(1)requires new construction projects to meet State and local codes,
ordinances, and zoning requirements.. In the absence of an applicable State or local code for new
construction, HOME-assisted projects must meet the International Code Council's (ICC's)
International Residential Code or International Building Code,whichever is applicable to the type
of housing being developed.
§92.251(a)(2)incorporates or specifies additional standards:
• Accessibility requirements as applicable,in accordance with Section 504 of the
Rehabilitation Act,the Americans with Disabilities Act, and the Fair Housing Act.These
requirements are not new.
• Disaster mitigation standards, in accordance with State and local requirements or as
established by HUD,where they are needed to mitigate the risk of potential disasters(such
as earthquakes,hurricanes, flooding, and wildfires). This is a new requirement.
§92.251(a)(iv)and(v)adds requirements to improve project oversight for new construction. HCD
must:
• Review and approve written cost estimates, construction contracts, and construction
documents.
• Conduct construction progress and final inspections to ensure that work is done in
accordance with the applicable codes,the construction contract, and construction
documents.
7. Inspections. The project will be inspected and approved by an AHCD Construction and
Rehabilitation Inspector prior to release of the funds for that project.
8. HOME-assisted rental housing must meet the required property standards at the time of the project
completion and must be maintained in accordance with applicable housing quality standards
throughout the affordability period.
19
NNW
EXHIBIT"A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Augusta Housing and Community Development Department will provide
$ 116,400.00 in Year 2017 HOME Investment Partnerships Funds/CHIP Grant Funds to The
Collaborative.These funds will support new construction with the production of approximately
1 affordable single family unit and homebuyer subsidy for homebuyer.
2. AHCDD must review and approve all residential design plans, project specifications and total
development cost for each residential development project before work is commenced and
before funds can be released for payment reimbursement. Construction payments will be
released to The Collaborative in accordance with the attached drawdown schedule and budget.
3. With AHCDD approval,The Collaborative may use HOME funds under this contract for all the
following purposes:
a. To support development costs as outlined in Item 6 below.
4. Completion Delays,Remedies,and Penalties
A. If the Contractor fails to complete the work within the time frame specified in the contract,
plus any authorized delays,AHCDD may
1. Terminate the contractor in accordance with the"Provisions for Augusta Housing and
Community Development Department(AHCDD)"clause of this contract.
2. Assess liquidated damages of fifty dollars($50.00)per working day from the schedule
of completion to the date of final acceptance of the project. The total amount of
liquidated damages will be deducted from the total contract price,plus any change order
amounts.
B. The Contractor shall not be charged with liquidated damages for any delays in the
completion of the work due:
1. To any acts of the Federal, State, or City/County Government; including controls or
restrictions upon or requisitioning of materials, equipment, tools or labor by reason or
war,National Defense, or other National, State or City/County emergency.
2. To any acts of the Owner that hinder the progress of the work.
3. To causes not reasonable foreseeable by the parties to this contract at the time of the
execution of the contract which are beyond the control and without the fault or
negligence of the Contractor;including but not restricted to acts of God;as of the public
enemy; acts of another contractor in the performance of some other contract with the
owner;fires;epidemics;quarantine restrictions;strikes;freight embargoes;and weather
of unusual severity such as hurricanes,tornadoes,cyclones, and other extreme weather
conditions; and
20
4. To any delay of the subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided,however,that the contractor promptly(within
10 days)notifies AHCDD in writing of the cause of the delay. If the fact show the delay
to be properly excusable under the terms of this contract, AHCDD shall extend the
contract time by a period commensurate with the period of authorized delay to the
completion of the work as whole; in the form of an amendment to this contract.
6. Construction Costs and Requirements
a. The amount that can be used to pay for development costs will be identified on a projectby-
project basis in EXHIBIT B. In no case will this amount exceed the maximum per unit
amount as defined at 24 CFR 92.250.
b. The Collaborative will provide construction management for the project to ensure that
construction work is being carried out in accordance with plans, specifications and the
project budget.
c. The Collaborative must make sure contractor obtains and posts all permits on job site.
Prior to releasing final payment on each unit,the Collaborative must also secure a Certificate
of Occupancy from the contractor that has been issued by the Department of Licenses and
Inspection.
d. The Collaborative must collect progress and final lien releases from the contractor,
subcontractors and material suppliers prior to making a payment to a contractor.
e. HCD may continually inspect each unit for contract compliance and to determine the percent
of completion prior to processing a draw request and releasing payment. HCD may elect to
make up to five(5)payments per unit. HCD may choose not to release payments if the work
being performed is not of acceptable quality to HCD and if the unit is not being built or
rehabilitated in accordance with plans and specifications, or if project is not on schedule.
21
EXHIBIT B: ESTIMATED PER UNIT AND/OR TOTAL DEVELOPMENT COSTS
PROJECT ADDRESS: NEIGHBORHOOD
TYPE DEVELOPMENT: New Construction Rehabilitation
LOT SIZE:
NO. OF BEDROOMS: [ ]4 [ ]3 []2 [ 11
NO. OF BATHROOMS: [ ]4 [ ]3 []2 [ ]1
S.F.HEATED SPACE:
LAND,CONSTRUCTION& SOFT COST: ESTIMATES Per S.F. Cost
Land and Construction Costs
Property Acquisition
Site Preparation
General Construction—Contract Amount
Contingency
Sewer Tap
Water Meter
Landscaping
Fencing
Grading
Aluminum Mini-Blinds
Alarm System
Termite Treatment
Other -Specify
Total Estimated Land&Construction Costs Per S.F. Cost
Soft Costs
Appraisal
Title Search
Survey
Plans, Specs,A&E
Real Estate Commission
Advance on Non-Profit Developer Fee
Temporary Utilities
Yard Maintenance during Sale Period
Property Taxes
Builders Risk Insurance
Construction Interest on Bank Loans
Closing Cost
Other-Specify
Total Estimated Soft Costs Per S.F. Cost
22
DEVELOPMENT COST SUMMARY
PROPOSED DEVELOPMENT COSTS SF
PROPOSED SALE PRICE SF
NON—PROFIT FUNDS SF
HOME FUNDS REQUESTED SF
PROJECTED HOME SUBSIDY SF
EXHIBIT"C"
PROJECT SCHEDULE OF COMPLETION
THE COLLABORATIVE MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS
EXHIBIT C— WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER
SIGNING THIS CONTRACT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL
TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE
PERFORMANCE OF THIS CONTRACT. A SAMPLE SCHEDULE IS PROVIDED BELOW.
�� ;«fes � � s � x s
,s � � t � �� c �a�i� � �
� � x fa y ' .sa
IWt/yy.
.`..
Start date
Excavation
Concrete
Pre backfill
Framing
Roof
Plumbing
Windows
HVAC
Electrical
House wrap
Insulation
Drywall
Exterior stone
Exterior case work
Cabinets
Plumbing -hang sinks
Interior doors
23
Millwork
Interior painting
Schedule Buffer
Interior doors-hang & hardware
Appliances
Plumbing
Electrical
Bathroom Glass
FINAL Inspections
Wrap up/Cleaning
Complete
24