HomeMy WebLinkAboutMOU AMENDMENT BETWEEN AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AND COMMUNITY DEVELOPMENT COLLABORATIVE, LLC_ HOME INVESTMENT PARTNERSHIP_ OLLIE ROAD PROJECT MEMORANDUM OF UNDERSTANDING AMENDMENT
BETWEEN
AUGUSTA HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT
AND
COMMUNITY DEVELOPMENT COLLABORATIVE,LLC
HOME INVESTMENT PARNERSHIP PROGRAM-011ie Road Project(Phase I Bldg II)
This Memorandum of Understanding(MOU)is made and entered into this_ 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.
The purpose of this MOU Amendment is to clarify the terms of the original agreement dated May 20,
2013 and re-establish the responsibilities and requirements to be assumed by Nonprofit for the
construction and management of the total eight HOME units being constructed within the 011ie
Road Project with HOME Investment Partnership Program Funding. Building one consists of four
units and building two consists of four units.
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 rental 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 2010-2014,and the Year 2013 Annual Action Plan;and
WHEREAS,The Community Development Collaborative,LLC has agreed to continue to partner with
Augusta Housing and Community Development Department for the 011ie Road Project for Building
II in the amount of$ 519,935.80 in HOME funds as evidenced by Contract dated May 20. 2013,
which is attached.
WHEREAS, this activity has been determined to be eligible HOME activity according to 24 CFR
92.504(c)(3)(ii) 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. 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
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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;and
WHEREAS,The Collaborative has agreed to provide services funded through this contract free from
political activities,religious influences or requirements;and
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. PROJECT DESCRIPTION
Nonprofit/CHDO shall provide services related to the construction and management of the 011ie
Road Project located off of Barton Chapel Road. These units will be rented to eligible low to
moderate renters. The Nonprofit/CHDO shall do,perform and carry out the HOME program rules
and regulations in a satisfactory manner. It is the responsibility of the Nonprofit/CHDO to ensure
that all supporting documentation is legitimate and valid based on the following Scope of Services:
.i. Perform new construction services for 4 row townhome rental units. Project will consist of
two(2)three bedroom units and two(2)two bedroom units with 2 units being accessible
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.
ARTICLE H. TERMS OF TERMINATION
A. The services of the Nonprofit/CHDO are to continue and be undertaken and completed in
accordance with HOME Investment Partnership Program rules,regulations and guidelines.
B. The parties agree that the Department may terminate this MOU upon the recommendation
of the Director of the Augusta Housing and Community Development Department.
Termination shall be effected by delivery of a Notice of Termination signed by the Director,
and mailed or delivered to the Nonprofit/CHDO.
C. The Department reserves the right to terminate this MOU if the Nonprofit/CHDO:
a. Fails to carry out the intended HOME Program activities,and/or;
b. Fails to dispose of the property in compliance with the project or program for which
it was acquired.
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D. The Community Development Collaborative reserves the right to terminate this MOU if
Augusta Housing and Community Development Department:
a. Fails to carry out their responsibilities as outlined in Article IV of this agreement.
b. Termination shall be effective by delivery of a 30 Day Notice of Termination signed
by the Officers of Nonprofit/CHDO.
ARTICLE III. KEY PERSONNEL
A. Nonprofit/CHDO shall assign to this MOU the following key personnel:
a. Scylance B.Scott,Jr., President
b. Charlene Watkins,Secretary
c. Beverly Wright,Financial.Officer
ARTICLE IV. ROLES AND RESPONSIBILITIES
The Community Development Collaborative,LLC has agreed to continue their partnership with
Augusta Housing in the construction and the management of the 011ie Road 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 construction.
- Will provide a management fee as referenced in Article VI to the Collaborative for their
service in ensuring that this project is completed and all compliance requirements are
adhered to.
- 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.
- Will be responsible for all insurance,bonding and responsibilities of this project.
- Will assist procured property management firm in recordkeeping,monitoring requirements
and reporting requirements related g q to this project.
Community Development Collaborative,LLC:
The Collaborative shall conduct project development activities and related services in its project
area that incorporates the following boundaries(also known as Barton Village:
All that lot,tract or parcel of land,together with improvements thereon,if any,lying,being,and
situate in the State of Georgia and County of Richmond,being known and designated as Lots No 1,2,
3,20,21,22 and 23 of The Aubern at Barton Chapel,as shown on a plat of survey recorded in the
Office of the Clerk of Superior Court of Richmond County,Georgia in Plat Book 4,Page 6,reference
being made to said plat for a more complete and accurate description as to metes,bounds,courses
and distances of said property.
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Also included is the parcel listed on said Plat as Outparce1.35 Acres,which is bounded as follows:
On the Northwest by Lot No.3,40.8 feet,more or less;on the Northeast by Lots 4 through 8 for
118.29 feet,more or less;on the East by Lots 9 through 11 for 66.86 feet,more or less; on the South
by lands now or formerly of Ki Cheul Yu for 116.81 feet,more or less;and on the West by Barton
Chapel Road,158.15 feet,more or less.
Tax Map No.083-1-010-00-0.
This project consist of the construction of 8 row townhome units as the site addressed as 600 011ie
Road,Augusta,GA 30906.
- 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.
- Will certify that all pay requests are reviewed for completion and processed in a timely
manner.
- Will work with the procured property management company to ensure that all
rental requirements are being adhered to such as rents,utility allowances and
certification process.
ARTICLE V. PERFORMANCE MONITORING
The Department will monitor the performance of the Nonprofit/CHDO against goals and
performance standards required for the HOME program.Substandard performance as determined
by the Department will constitute non-compliance with this MOU.If actions to correct substandard
performance are not taken by the Nonprofit/CHDO within 30 days following written notification by
the Department,MOU termination procedures will be initiated.
ARTICLE VI. COMPENSATION
The Collaborative will be compensated in accordance with this Article VI, Compensation, that
specifically identifies the use of HOME and other project funding as represented in this Agreement.
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:
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1. Augusta agrees to pay The Collaborative,a maximum of$519,935.80 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.
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. The Augusta Housing and Community Development Department(AHCD)will fund hundred
percent (100%) by utilizing HOME 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 8 units within this project are HOME
assisted units. The HOME funding can be used for other project related costs as described
below:
a. Collaborative management fee in the amount of$41,552.20
b. All funding is being provided as a grant and must be utilized for
project related costs.
Use of Funds: HOME funds shall be used by The Collaborative for the purposes and
objectives stated in this Agreement. 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 agreement:
1. Construction
An amount not to exceed$519,935.80 in a grant shall be expended by The Collaborative
from Year 2012 HOME funds for construction costs related to the development of 4 row
townhome rental units in the Barton Chapel 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: permits, footings, foundation, floor framing,
exterior wall framing, rough plumbing, rough HVAC, rough electric and all other
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construction related fees. These units will be constructed by The Collaborative and
rented to eligible low and very-low income persons.
2. Management Fees
An amount not to exceed$41,552.20 in a grant shall be requested by The Collaborative
from Year 2012 HOME funds to support the cost of management fees for the project.
Fees will be provided at various intervals of the project.
20% When Notice to Proceed is given.
30% Construction is 50%complete.
20% Construction is 100%complete.
30% When the Certificate of Occupancy is received.
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.
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:
Bedrooms Section 234 Basic Limit HCP HOME Maximum Per Subsidy Limit
2 79,782 240% 191,476.80
3 103,212 240% 247,708.80
Article VII.QUALIFICATION AS AFFORDABLE HOUSING-RENTAL[24 CFR 92.252]
The HOME-assisted units in a rental housing project must be occupied only by households that are
eligible as low-income families and must meet the following requirements to qualify as affordable
housing. The affordability requirements also apply to the HOME-assisted non-owner-occupied
units in single family rental housing purchased with HOME funds in accordance with 92.252.
a. Rent limitation. HUD provides the following maximum HOME rent limits. The
maximum HOME rents are the lessor of:
1. The fair market rent of existing housing for comparable units in the area as
established by HUD under 24 CFR 888.111;or
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2. A rent that does not exceed 30 percent of the adjust income of a family
whose annual income equals 65 percent of the median income for the area,
as determined by HUD, with adjustments for number of bedrooms in the
unit. The HOME rent limits provided by HUD will include average occupancy
per unit and adjusted income assumptions.
3. PJ must approve the property's rent structure at project lease-up, and must
approve all rent increases during the affordability period. Any changes in
rents for occupied units are subject to terms of the tenant's lease.
b. Additional Rent Limitation: In rental projects with five or more HOME-assisted rental
units, twenty (20) percent of the HOME-assisted units must be occupied by very low
income families.
c. Income Limits: HUD requires that every HOME-assisted rental unit be occupied by a
household that is a low-income. This project requires that at least 20 percent of the
units be occupied by households that are very low-income.
1. The maximum amount of annual gross income that a household may earn to
qualify for a HOME-assisted unit is called the income limit. Income limits are
issued by HUD for low income households and very low income households
on an annual basis. HCD will provide the updated limits to the Collaborative
annually.
2. The HOME income targeting requirements requires for initial occupancy
and for properties with more than five units:
a. Initial Occupancy: For each annual HOME allocation,at initial project
lease up at least 90 percent of the households assisted through the
rental-housing program must have incomes at or below 60 percent of
area median income. The remaining units must have incomes that do
not exceed 80 percent of the area median income.
b. Properties with Five or More HOME-Assisted Units: For rental
properties with five or more HOME-assisted units, HOME require
deeper income targeting to serve needier residents. At least 20
percent of the HOME assisted rental units be occupied by families
who have annual gross incomes at or below 50 percent of area
median income. These units must be rented at no more than the
LOW HOME Rents. The remaining units can be rented at no more
than the HIGH HOME Rents.
3. Income Certification: Collaborative will utilize the web based income
calculator tool to determine whether a family's anticipated annual gross
income is below the applicable HOME income limit. The tool is available on
HUD's HOME Program web page at:
http://www.jud.gov/offices/cpd/affordablehousing/training/calculate
r/calculator.cfm in combination with the Internal Revenue Service (IRS)
definition of adjusted gross income as defined for reporting on the IRS Form
1040.
4. Tenant Income-Eligibility Recertification: Each tenant household's income
must be examine every year during the affordability period to determine if
the household continues to be income-eligible to occupy its HOME-assisted
unit. Source documentation must be used to verify the income initially and
every sixth year during.
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a. Once the tenant household's anticipated annual gross income is
recertified,a comparison with the recent HOME income limits for the
type of unite the household occupies will be made. If the tenant's
income has increased above the HOME income limits the property
will be temporarily out of compliance. The household rent will be
adjusted as soon as permissible by the lease agreement. The over-
income tenant must pay the lesser of:
i. The rent amount payable under state or local law;
ii. 30 percent of the tenant's monthly adjusted family income
d. The HOME Program does set affordability periods based on the amount of HOME funds
provided as the HOME rules require assisted properties to remain affordable for a
specific period of time,depending on the level of HOME funds invested.
e. Therefore, as a recipient of the HOME Program, you must comply with the HOME
Program's period of affordability. The affordability for this project is twenty (20)
years.The 20 year affordability period begins the day of final Certificate of Occupancy
and/or filing of Deed Restrictions. During the n-year affordability period, you must
ensure that the units remain affordable.
f. AHCDD is required to place certain restrictions on assisted rental 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.
g. All funding is being provided as a grant with a lien against the property for no less than
twenty(20)years as a guarantee of tenant affordability and assurance of HUD
regulations under 92.252.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.
h. Project Requirements
1. A written lease of at least 1 year is required and must be approved by Augusta.
Lease is to comply with State and local tenant-landlord laws.
2. Prohibited lease terms: Any provision of the Lease which falls within the
classifications below shall not apply and not be enforced by the Landlord.
a) Confession of Judgment.Consent by the Tenant to be sued,to admit guilt,or to
a judgment in favor of the landlord in a lawsuit brought in connection with the
Lease.
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b) Treatment of Property.Agreement by the Tenant that the Landlord may take
or hold the Tenant's property,or may sell such property without notice to the
Tenant and a court decision on the rights of the parties.
c)Excusing the Landlord from Responsibility.Agreement by the Tenant not to
hold the Landlord or Landlord's agent legally responsible for any action or
failure to act,whether intentional or negligent.
d) Waiver of Legal Notice.Agreement by the Tenant that the Landlord may
institute a lawsuit without notice to the Tenant.
e) Waiver of Court Proceedings for Eviction.Agreement by the Tenant that the
Landlord may evict the Tenant Family(i)without instituting a civil court
proceedings in which the Family has the opportunity to present a defense,or(ii)
before a decision by the court on the rights of the parties.
f) Waiver ofJury Trial.Authorization to the Landlord to waive the Tenant's right
to a trial by jury.
g) Waiver of Right to Appeal Court Decision.Authorization to the Landlord to
waive the Tenant's right to appeal a court decision or waive the Tenant's right to
sue to prevent a judgment from being put into effect.
h) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome of the
Lawsuit.Agreement by the Tenant to pay lawyer's fees or other legal costs
whenever the Landlord decides to sue,whether or not the Tenant wins.
3. Termination of tenancy requires 30 days'notice and for good cause.
4. Must provide a thirty day written notice before implementing rent increases.
5. Management company is to provide tenant selection criteria, including notice of
reasons for rejection,to be approved by Augusta.
6. Mandatory fees for services for people with special needs are prohibited and
any optional fees must be approved by Augusta.
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 (0 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
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who are in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain any financial interest or benefit
from the activities, or have a financial interest in any contract, sub-contract, or
agreement with respect to the contract activities, either for themselves or those with
whom they have business or family ties, during their tenure or for one year thereafter.
For the purpose of this provision,"family ties",as defined in the above cited volume and
provisions of the Code of Federal Regulations, include those related as Spouse, Father,
Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step-children, Brother,
Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual
holding any interest in the subject matter of this 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.
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).
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
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to all disabled persons who request accommodations due to disability at any time during the
application,resident selection and rent up process.
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.
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)
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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
that all qualified applicants will receive consideration for employment without regard to race,
color,religion,sex,national origin or familial status.
1. 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).
AIM
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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).
0. 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.
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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 011ie Road 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.
MOU—011ie Road Project
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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.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
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Page 116
1378 Laney Walker Blvd.
Augusta,Georgia 30901
Article XI.
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 XII. 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 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.
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ARTICLE XIII. 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 XIV. 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 XV. 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
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.
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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)
i"?' 15* - ,,
By:
4
v a,. '.' „jn Hardie s,Jr. Date
' � l As Its Mayor
t , , 4 ll',. li�/i S
Len. :enfer v W n
Cler pItiunm#sslati ' I a 1
�,.��44 om j • Janice A.Jai ��n Date
T ; �''' .,,.„.40**** dminist `
t Ctt lttft�`
0'14%k ri-)'allTS'
Nhorned'" -r,Jr. Date
i -ctor,AH 0
ATTEST: COMMUNITY DEVELOPMENT COLLARD ' 'FIVE.LLC
(Grantee)
I!%►
By: �m►i �/
► taiskb
Its: F uttOri,N"T Date
Its: Date
(Plain witness) Date
MOU-011ie Road Project
Page 119
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
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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.
2. Annual Progress Report(January 16th)each year until 2037Audit/Financial Report by
April 30th each year until 2037
3. Contract & Subcontract Activity Report Due on April 5, 2013, October 5, 2013,and
April 5,2014
4. Rent and Occupancy Report due by June 30th each year until 2037
5. Grantee shall maintain files on each person assisted. Each file shall contain,but is not
restricted to, income data and verification for each person assisted; 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
6. 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. and
7. Collaborative shall keep up-to-date records based on census data, applications,
surveys about community residents, applicants, residents of the project, and records
about tenant selection or rejection.
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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.
MOU—011ie Road Project
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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 re propertyuired h applicablestandards tthe time of the
housing quality
project completion and must be maintained in accordance
standards throughout the affordability period.
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EXHIBIT"A"
PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES
1. Augusta through the Housing and Community Development Department agrees to provide
up to $1,109,472.00 in Year 2012 HOME Investment Partnerships Funds to The
Collaborative. These funds will support new construction with the production of
approximately 8 affordable rental row townhome units.
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.
MOU—011ie Road Project
Page X24
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
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 project-
by-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.
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Page 125
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.
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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
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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
DEVELOPMENT COST SUMMARY
PROPOSED DEVELOPMENT COSTS SF
PROPOSED SALE PRICE SF
NON-PROFIT FUNDS SF
HOME FUNDS REQUESTED SF
PROJECTED HOME SUBSIDY SF
1
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Page X28
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
tart date 9/2 :/2014'' 9/30/2014.
•
Excavation' 10/25/2414 10/29/2014 4,
Concrete ' 11/1/2014 '"';':-11/13/201'+ 12 .'
�r�k�aekfill:;
11,/;13/2414 11/15/2014 2 ;
Fraln�ng " ,
10/25/2014 12/5/2014 41
Roof it/19/2014
Plumbing:. 10/29/20.14 12/x/2014 a 41 i
Windows 11/22/2014 12/1.5/2014 23
HVAC 11/29/2014 12j o/20 4 21
lectrical; 12/10/2014a 12/22/2014
House wrap 12/27/2014 12/3.0/2014 3
Insulation ` 12/3/2014 :12/21/20143 18
Drywall 1/3/2015.,, 1/23/2015 2Q:
Exterior stone 1/x/2015 ;1/17/2015 14'
error ase vunr • 1/4/2015 1./13/2015 9
Cabinets1/18/2015. 3/6/2015. 4
Plumbing-hang inks 2/16/2015 2/23/201;5 7
MOU—011ie Road Project
Page ( 29
Interiordoors 2/25/2015 3/9/2015 ;12
1�+[rllwork' 2/15/2015 2/17/2615 2
Interior p inting 2/28/2015 4/14/2015 .45
Sc edule ttfler:.' 2/28/2015 = 3/10/2015 1i
Interior doors ang/4 hardware 5/3/2015 5/13/2015 10
Appliances 5/2/2015 `5/3/2015 .1
Plumbing:' 5/.2/2015 5/5/2015 3
Plectricl 5/3/201.5 5/11/2015 0}
Ralhrcoom�l ss . 5/9/2015 5/13/2015 '
NAL Ins ections 5/2/2015 5/2/2015 0
r
E:.
Wrapn /rvl an n 5/9/2015 6/5/2015
Com l to"' 6/1/2015 6/1/2015 ',0
i