Académique Documents
Professionnel Documents
Culture Documents
between
AUGUSTA GEORGIA
And
00 681 272
Two Hundred Seventy Two Thousand Six Hundred and EightyOne Dollars
for Fiscal Year 2010
00100
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Florence Street MultiFamily Project Construction Services
THIS AGREEMENT Contract
effective date
by and between Augusta Georgia acting through the Housing and Community
and J
Walker Blvd 2 Floor Augusta Georgia 30901 as party of the first part hereinafter called nd
B Construction and Services Inc a developer organized pursuant to the Laws of the State of Georgia hereinafter called J B as party in the second part
WITNESSETH
WHEREAS Augusta is qualified by the U S Department of Housing and Urban Development hereinafter called HUD as a Neighborhood Stabilization Program Participating Jurisdiction and has received Neighborhood Stabilization hereinafter called NSP or the NSP Program funds from HUD for the purchase of foreclosed or abandoned homes to rehabilitate resell or redevelop these NSPs in
order to stabilize neighborhoods and stem the decline of house values of neighboring homes as
defined by HUD and
WHEREAS Augusta wishes to increase multi family homeownership opportunities and preserve and increase the supply of affordable housing for eligible low and moderate income families through eligible uses of its NSP Program grant funds as described in the Augusta Richmond County
Consolidated Plan 2010 2015 and the Year 2010 Annual Action Plan and
B Construction and
Services Inc for the administration of NSP eligible affordable housing development activities and
WHEREAS this activity has been determined to be eligible NSP activity and will meet one or more
Recovery Act 2008 HERA
of the national objectives and criteria outlined in Title III of Division B of the Housing and Economic
WHEREAS this activity has been determined to be an eligible CDBG activity therefore the developer is required to comply with the Community Development Block Grant Program regulations
of 1970 as amended at 49 CFR 24
WHEREAS J
at 24 CFR Part 570 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act
B Construction and Services Inc has been selected and approved through a change
to the Substantial Amendment submitted to the U S Department of Housing and Urban Development
HUD for development partners to assist in the redevelopment of NSP eligible communities based on
designated zip codes selected prior by HUD as areas of greatest need
WHEREAS J
B Construction and Services Inc has agreed to provide services funded through this contract free from political activities religious influences or requirements and
WHEREAS J
B Construction and Services Inc has requested and Augusta has approved a total of
00 681 272 in funds to perform NSP eligible activities as described in Article I below
NOW THEREFORE the parties of this agreement for the consideration set forth below do here and
now agree to the following terms and conditions
ARTICLE
A
I SCOPE OF SERVICES
Scope of Services
Project Description J
support project related costs associated with the Florence Street Project This project is a multi family affordable housing effort which involves development and construction of new multi family housing
units along the Florence Street Under this agreement
Perform new construction services for 1 multi family unit
Perform all required and requested marketing and advertising activities in accordance with
NSP program Fair Housing regulations
Secure required financing to supplement project within the parameters of the draw
schedule
flooring cabinets plumbing fixtures and appliances Work with HCDD to obtain or make provisions for all approvals and permits
including parking
Use of Funds
purposes and objectives stated in Article I Scope of Services and Exhibit A of this
Agreement The use of NSP funds for any other purpose is not permitted The following s
summarizes the proposed uses of NSP Program funds under this Agreement
Construction
Inc from NSP Program funds for construction costs related to the development of an
affordable multi family housing unit as part of the Florence Street Project The design and
specifications have been approved by AHCD prior to construction Exhibit D Funds will be
used to assist with the cost of all construction related fees
B Construction and Services Inc will not be required to leverage funding through a
s Developer Fee
Not applicable
3
Construction Interest
Not applicable
C
B Construction and Services Inc shall conduct construction related activities and services
in its project area also known as the Laney Walker Community incorporated within the following boundaries 11 Street on the West 12 Street on the East Cedar Road on the South and Laney Walker Boulevard on the North and its designated geographic boundaries
approved by AHCD
D
will be in compliance with Division B Title III of the Housing and Economic Recovery Act
HERA of 2008 Notwithstanding any other provisions of this contract J B Construction and Services Inc shall provide activities and services as described in the description of the schedule for completing the tasks for this project as provided in Exhibit A of this contract
project including use of funds its goals and objectives tasks to be performed and a detailed
ARTICLE
J
B Construction and Services Inc will be compensated in accordance with this Article II Budget
B Construction and Services Inc will carry out
B Construction and
and Method of Payment that specifically identifies the use of NSP and other project funding as
represented in Article II of this Agreement J 2 C
Services Inc agrees to perform the required services under the general coordination of the Augusta
In addition and upon approval by Augusta J
B Construction and Services Inc may engage the services of outside professional services
consultants and contractors to help carry out the program and projects
Augusta shall designate and make NSP Project funds available in the following manner
Augusta agrees to pay J
Services subject to J
forth in ARTICLE V
00 681 272
under this agreement for project expenses incurred as outlined in ARTICLE I Scope of
B Construction and Services Inc compliance with all terms and
conditions of this agreement and the procedures for documenting expenses and activities as set
2
The method of payment shall be on a reimbursement basis The Reimbursement Form can be
found in Appendix B For invoicing J
B Construction and Services Inc will include
documentation showing proof of payment in the form of a cancelled check or check register
and completed reimbursement form that includes amount requested amount remaining and specific line items names that relate to contract budget found in Appendix A
3
performance on a weekly basis with regards to the production of housing units and the overall
4
Upon the termination of this agreement any unused or residual funds remaining shall revert to
Augusta and shall be due and payable on such date of the termination and shall be paid no
later than thirty 30 days thereafter
Funds may not be transferred from line to line item in the project budget without the prior
written approval of Augusta
6
The use of funds described in this agreement is subject to the written approval of the U S
Department of Housing and Urban Development
7 B
The Augusta Housing and Community Development Department AHCD will provide one
hundred percent 100 of the total construction costs of this project
Additionally this funding is being committed specifically for construction related costs as
well as for other project related costs
C
B Construction and Services Inc shall obligate the designated NSP funds within thirteen 13 months of the date of execution of this Agreement Based on the budget outlined in C 2 B Construction and Services Inc will provide a detailed outline of critical project below J milestones and projected expenditures during the course of the development project as Exhibit C These documents will become an official part of the contractual agreement and provide the
J
B Construction and Services shall be paid a total consideration of no more than 00 681 272 for full performance of the services specified under this Agreement Any cost
9
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 J
J
B Construction and Services Inc shall adhere to the following budget in the performance
A
of this contract
00 627 244
Construction Contingency
00 592 3 00 462 24
00 681 272
ARTICLE
The Resale Provisions in this Article III shall ensure compliance with the NSP Recapture Program Period of Affordability requirements pursuant to 24 CFR 92 24 CFR 4 a 254 254 92 requires that the City its sub recipients and CHDOs follow certain resalerecapture restrictions with regard to its NSP funded homebuyer program Each property sold to a NSP
recipient will remain affordable for the duration of the affordability period or the City will use
the recapture option
A
ARTICLE
IV TERM OF CONTRACT
The term of this agreement shall commence on the date when this agreement is executed by Augusta and the J B Construction and Services Inc whichever date is later and shall end at the completion
of all program activities within the time specified in Article I or in accordance with ARTICLE IX D
Suspension and Termination
ARTICLE
A
This is a payfor performance contract and in no event shall Augusta provide advance funding to
the J
J
B Construction and Services Inc or any subcontractor hereunder All payments to the B Construction and Services Inc by Augusta will be made on a reimbursement basis
B Construction and Services Inc shall maintain a separate account and accounting process
B Construction and Services Inc shall not use these funds for any purpose other than the
B Construction and Services Inc compliance with the provisions of this
Subject to J
Agreement Augusta agrees to reimburse all budgeted costs allowable under federal state and
local guidelines
All purchases of capital equipment goods and services shall comply with the procurement
Agreements with Institutions of Higher Education Hospitals and Other NonProfit Organizations as well as the procurement policy of Augusta
Requests by J
documentation and shall be submitted to AHCD 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 Reimbursement Request form supplied by HCD
copies of invoices receipts other evidence of indebtedness budget itemization and description of specific activities undertaken Invoices shall not be honored if received by Augusta later than sixty 60 calendar days after expiration date of this Agreement Reimbursement request form is
in Appendix A
J
B Construction and Services Inc shall maintain an adequate financial system and internal
fiscal controls
H
Unexpended Funds Unexpended funds shall be retained by Augusta Upon written request
J
Augusta may consider the reallocation of unexpended funds to eligible projects proposed by the
B Construction and Services Inc
ARTICLE
A
VI ADMINISTRATIVE REQUIREMENTS
Conflict of Interest
J
B Construction and Services Inc agrees to comply with the conflict of interest provisions contained in 24 CFR 85 570 OMB Circular A110 and OMB Circular A102 as 36 611
appropriate
This conflict of interest provision applies to any person who is an employee agent consultant
participate in a decisionmaking 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 Fatherinlaw Motherinlaw Step parent Children Step children Brother Sister Brotherinlaw Sisterinlaw Grandparent Grandchildren of the individual holding any interest in the subject matter of this Agreement JB Construction in
the persons of Directors Officers Employees Staff Volunteers and Associates such as
Contractors Sub contractors and Consultants shall sign and submit a Conflict of Interest
Affidavit Affidavit form attached as part in parcel to this Agreement
B
Augusta may from time to time request changes to the scope of this agreement and
changes that will result in substantive changes to this Agreement All such changes
obligations to be performed hereunder by J B Construction and Services Inc B Construction and Services Inc shall consult with HCDAugusta on any instances J
In such
shall be
made via written amendments to this Agreement and shall be approved by the governing
bodies of both Augusta and J
C
Statutes regulations guidelines and forms referenced throughout this Agreement are listed in
Appendix A and are attached and included as part in parcel to this Agreement
IX OTHER REQUIREMENTS
ARTICLE
A
Fair Housing
J
B Construction and Services Inc agrees that it will conduct and administer NSP activities in conformity with Pub L 88352 Title VI of the Civil Rights Act of 1964 and with Pub
L 90284 Fair Housing Act and that it will affirmatively further fair housing One suggested
activity is to use the fair housing symbol and language in J s Inc publications and advertisements 24 CFR 570 or 601
B
Ownership Interest
Not Applicable
C Non Discrimination
J
B Construction and Services Inc 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
Labor Standards
B Construction and Services Inc agrees that in instances in which there is construction work over 2 financed in whole or in part with NSP funds under 000
General J
this Agreement J
Act 40 USC 276 as amended which requires all laborers and mechanics working on the project to be paid not less than prevailing wagerates 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 570 603
2
Labor Matters No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer 24 CFR
603 570
Environmental Standards
J
B Construction and Services Inc 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 that the activity is in compliance with the Act and regulations Prior HCD
7
to beginning any project development activity an environmental review must be conducted by the Augusta Richmond County Planning Department pursuant to 24 CFR 570 604
F
Flood Insurance
Consistent with the Flood Disaster Protection Act of 1973 42 USC 4001 4128 JB
Construct agrees that NSP funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency FEMA as having special
flood hazards representing the 100year floodplain
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 of the Flood Disaster Protection Act of 1973 a
G
B Construction and Services Inc agrees to take all reasonable steps to minimize
displacement of persons as a result of NSP assisted activities Any such activities assisted
with NSP funds will be conducted in accordance with the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 URA and the Housing and Community
Development Act of 1974 24 CFR 570 606
H
B Construction and Services Inc 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 J
B Construction and Services Inc will in all solicitations or advertisements for employees
placed state that all qualified applicants will receive consideration for employment without
regard to race color religion sex national origin or familial status
I
B Construction and Services Inc agrees that low and moderate income persons residing within AugustaRichmond 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
In accordance with Section 92 of the NSP Regulations and Section 570 of the CDBG 355 608
Regulations JB Construction agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of leadbased paint in residential structures and to comply with 24 CFR 570 and 24 CFR 35 with regard to notification of 608 the hazards of leadbased paint poisoning and the elimination of lead based paint hazards
K
B Construction and Services Inc agrees to comply with 24 CFR 570 with regards to 609 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 AHCD
J
administer a policy to provide a drugfree 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
pursuant to this Agreement during the term of this Agreement or for one year thereafter will make reference to the contribution of Augusta Georgia in making the project possible The words Augusta Georgia Department of Housing and Community Development will be explicitly stated in any and all pieces of publicity including but not limited to flyers press releases posters brochures public service announcements interviews and newspaper
articles
N
timely manner such failure shall constitute a material failure to comply with this Agreement
and invoke the suspension and termination provisions of ARTICLE X For purposes of this B Construction and Services Inc shall Agreement timely expenditure of funds means J obligate and expend its funds as designated under ARTICLE U B
O
B Construction and Services Inc shall comply with all applicable laws ordinances and codes of the federal state and local governments and shall commit no trespass on any public B or private property in performing any of the work embraced by this contract J Construction and Services Inc agrees to obtain all necessary permits for intended
improvements or activities
Assignment of Contract
J
B Construction and Services Inc shall not assign any interest in this contract or transfer
any interest in the same without the prior written approval of Augusta
Q
B Construction and Services Inc agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 42 U 6101 C S
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
C S U 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
B Construction and Services Inc will not discriminate against any employee or applicant
B
for employment because of race color religion sex national origin or familial status J
Construction and Services Inc will take affirmative action to insure that applicants are
employed and that employees are treated during employment without regard to their race
B Construction and Services Inc social status color religion sex national origin or J Such action shall include but not be limited to the following employment upgrading demotion or transfer recruitment or advertising layoff or termination rates of pay or other
B forms of compensation and selection for training including apprenticeship J Construction and Services Inc agrees to post in conspicuous places available to employees and applicants for employment notices to be provided by Augusta setting forth the provisions
to encourage the use of minority and womenowned business enterprises in connection with
NSP supported activities
S
Religious Influence
J
B Construction and Services Inc will not discriminate against any employee or applicant
for employment on thebasis of religion and will not give preference of persons on the basis of
religion J
B Construction and Services Inc will not discriminate against any person B Construction and Services Inc will applying for shelter on the basis of religion J
provide no religious instruction or counseling conduct no religious worship or services engage in no religious proselytizing and exert no religious influence in the provision of shelter
and other eligible activities funded by this grant
T
Indirect Costs
allocation plan approved by the Department of Housing and Urban Development prior to the
Travel
B Construction and
Construction Requirements
SEE APPENDIX C
All housing units newly constructed with NSP Program funds must before occupancy meet the Property Standards specified at 25 CFR 92 the NSP Program Regulations The 251 Property Standards at 24 CFR 92 require that the NSPs receiving NSP Program funds 251
must meet all local codes for new construction In the absence of local codes properties must
meet the HUD Section 8 Housing Quality Standards HQS All housing assisted under this Agreement is new construction by NSP Program defmition and therefore must meet the local building codes for new housing in Augusta Georgia as applicable
ARTICLE
A
In the event J
B Construction and Services Inc materially fails to comply with any terms of
this agreement including the timely completion of activities as described in the timetable
until J
or and contained in ARTICLE I Scope of Services Augusta may withhold cash payments B B Construction and Services Inc cures any breach of the agreement If J
10
Construction and Services Inc fails to cure the breach Augusta may suspend or terminate the
current award of NSP funds for J
B
liability to Augusta for damages sustained as a result of any breach of this agreement In addition to any other remedies it may have at law or equity Augusta may withhold any
B Construction and Services Inc for the purposes of set off until such time payments to J as the exact amount of damages is determined
C
In the best interest of the program and to better serve the people in the target areas and fulfill the purposes of the Act either party may terminate this Agreement upon giving thirty 30 days notice in writing of its intent to terminate stating its reasons for doing so In the event
Augusta terminates the Agreement Augusta shall pay J B Construction and Services Inc for documented committed eligible costs incurred prior to the date of notice of termination
B Construction and
Services Inc shall not be relieved of any duties or obligations imposed on it under ARTICLES V VI VII VIII IX XI and XII of this agreement with respect to NSP funds previously
disbursed or income derived therefrom
ARTICLE
IX NOTICES
Whenever either party desires to give notice unto the other such notice must be in writing sent by certified United States mail return receipt requested addressed to the party for whom it is intended at the place last specified and the place for giving of notice shall remain such until it shall have been
changed by written notice
Municipal Building
530 Green Street Suite 801
B Construction and Services Inc will receive all notices at the address indicated below
B Construction and Services Inc
X INDEMNIFICATION
B Construction and Services Inc 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
11
corporation or property by virtue of the performance of this Agreement By execution of this B specifically consents to jurisdiction and venue in the Superior Court of Richmond agreement J
County Georgia and waives any right to contest jurisdiction or venue in said Court Should it become necessary to determine the meaning or otherwise interpret any work phrase or provision of this Agreement or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity It is agreed that the laws of the State of Georgia shall
exclusively control same
The parties hereto do agree to bind themselves their heirs executors administrators trustees
successors and assigns all jointly and severally under the terms of this Agreement
ARTICLE J
B Construction and Services Inc shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft fraud or physical damage All policies and amounts of
coverage shall be subject to approval by Augusta Additionally J
00 000 100 covering all personnel of J
B Construction and Services Inc
shall procure and provide for approval by Augusta a blanket fidelity bond in the amount of at least
B handling or charged with the responsibility for handling
funds and property pursuant to this contract J B shall procure and provide for approval by the Augusta comprehensive general liability insurance in the amount of at least 1 insuring 00 000 000
the Grantee and adding as named insured the City of Augusta the Mayor Commissioners and s Augusta officers agents members employees and successors
Additionally J
B shall procure officers and directors liability insurance under policies to be All of the above policies shall provide that no act or omission of the grantee its agents servants or employees shall invalidate any insurance coverage for other named B insured No insurance policy providing insurance coverage required to be provided by J
approved by the Augusta
Construction and Services Inc hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee All insurance policies required hereunder or copies thereof shall be
promptly submitted for approval by the Augusta
ARTICLE
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 J Inc beyond the term of this Agreement
ARTICLE
Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if through mistake or otherwise any such provision is not inserted or is not correctly inserted then upon application of either party this Agreement shall
forthwith be amended to make such insertion
12
ARTICLE
XIV COUNTERPARTS
together shall constitute one and the same Agreement with one counterpart being delivered to each
IN WITNESS WHEREOF the parties have set their hands and seals as of the date first written
above ATTEST SEAL
AUGUSTA GEORGIA
Augusta
r
David S
4
rederick Russell
A
strato
Director AHCD
ATTEST
CONSTRUCTION
AND
SERVICES INC
Grantee
SEAL
Plain Witness
My
2012
13
APPENDIX A
Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education Hospitals and Other Non Profit Organizations
OMB Circular A110
HUD Requirements for Notification Evaluation and Reduction of LeadBased Paint Hazards in Housing Receiving Federal Assistance and FederallyOwned Residential Property being
24 CFR 35
Reimbursement Form
14
APPENDIX B
REPORTING REQUIREMENTS
J
B Construction and Services Inc shall submit the following reports for the term of this
agreement
Due by 10 a Monday morning for the previous week Report will contain 00 m MS Project schedule will be estimated actual costsdate issues and concerns
manually updated so that Asset Property Disposition procured consultant for Laney
Bethlehem Walker Revitalization Project can input data to master schedule
2
MonthlyQuarterly Progress
Financial Reports
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 application for services record of services provided amount of services provided documentation of costs for which assistance is provided transportation log documentation of medical need regarding prescriptions and any other document that will provide proof of needed service and subsequent provision of such service as allowed under this s s
contract
15
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 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
Massachusetts
latest edition
Department of Justice
G Williams Steiger Occupational Safety and Health Act of 1970 Public Law 91 596
H
Occupational Safety and Health Standards Chapter XVH of Title 29 Code of Federal Regulations Federal Register Volume 37 Number 202 October 18 1972
Part 1910
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
Bidding
A
Community
All bids will be awarded to the lowest bidder submitting an accurate and qualified bid
All bidding documents and procedures will be made available for AHCD review upon
request
Eligible Contractors Any contractor desiring to bid on NSP or CDBG 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 NSP funded projects
9 f
Project Review All plans specifications work writeups 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
standards and materials use
s AHCD agent will review these items for compliance with new construction and rehabilitation or
Rehabilitation Standards All rehabilitation work will comply with the Uniform Physical Condition Standards for HUD Housing Workmanship and material standards will comply with
the Augusta Richmond County Housing Community Development Department Contractors
Manual and Performance Standards A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List A copy is enclosed for inclusion
6
Inspections All projects will be inspected and approved by an AHCD Construction and
Rehabilitation Inspector or AHCD agent prior to release of the funds for that project s
17
EXHIBIT A
Augusta through the Housing and Community Development Department agrees to provide up
to
will support new construction with the production of 1 affordable multi family residential unit
in connection with the Florence Street Project See attached construction plans
2
AHCD 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 J B Construction and Services Inc in accordance with the attached drawdown schedule and budget
AHCD will provide the lots on which all new affordable NSPs are to be built under this
agreement and in connection with the Florence Street Project
B Construction and Services Inc may use NSP funds under this With AHCD approval J agreement for the following purposes
a
If the Contractor fails to complete the work within the time frame specified in the
contract plus any authorize delays AHCD may
1 Terminate the contractor in accordance with the Provisions for Augusta Housing and Community Development Department AHCD clause of this contract
2 Assess liquidated damages of fifty dollars 100 per working day from the 00
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
To any acts of the Federal State or CityCounty Government including controls or restrictions upon or requisitioning of materials equipment tools or labor by reason of war National Defense or any other National State or
CityCounty emergency
2 3
To any acts of the Owner that hinder the progress of the work
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
IV
restrictions strikes freight embargoes and weather of unusual severity such as hurricanes tornadoes cyclones and other extreme weather conditions and
4
promptly within 10 days notifies AHCD in writing of the cause of the delay If the facts show the delay to be properly excusable under the terms of this
contract AHCD 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 contact
B Construction and Services Inc will provide construction services for the project to ensure that construction work is being carried out in accordance with plans specifications and the project budget
J B Construction and Services Inc must make sure it obtains and posts all permits on job site Prior to releasing final payment on each house J B Construction and Services Inc must also secure a Certificate of Occupancy that has been issued by the Department of
B Construction and Services Inc must collect progress and final lien releases from the
AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications or if project is not on schedule
EXHIBIT C
OF COMPLETION AS EXHIBIT C WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT THIS SCHEDULE MUST BE PROVIDED
IN SUFFICIENT DETAIL TO PERMIT HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT A SAMPLE SCHEDULE
IS PROVIDED BELOW
20
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HOUSING
PROJECT
Gentlemen
1
The undersigned having familiarized himself themselves with the local conditions
affecting the cost of the work and with the Specifications including Invitation for Bids
Instructions to Bidders and this Bid as prepared by the Neighborhood Stabilization
Program NSP Inspector and on file in the office of the Augusta Richmond County Housing and Community Development Department AHCDD hereby proposes to furnish all labor materials equipment and services required to construct and complete the site improvements utilities landscaping and buildings as shown on the drawings and as set forth in the
Technical Specifications all in accordance therewith for the sum of
272 681 00
Plan 1
One
272
00 681
ars
Use Words
before this bid is withdrawn the undersigned agrees to execute and deliver a contract in the
presented to him for signature
In submitting this bid it is understood that the right is reserved by Owner to reject any and all bids If written notice of the acceptance ofthis bid is mailed telegraphed or delivered to the undersigned within thirty 30 days after the opening thereof or at any time thereafter
prescribed form and furnish the required bond within ten 10 days after the contract is
Augusta Housing
Q
aiu 90W
HOUSING
FORM OF BID
3 Upon receiving the written NOTICE TO PROCEED the undersigned the Owner and the Architect shall prepare a definite Phasing Schedule and Material Specification Listing to include model numbers brand names etc The building to be included as well as the s work to be performed shall be shown on the Schedule Theundersigned agrees to commence actual physical work on the site with adequate force and equipment within seven 7 consecutive calendar days of the date of written NOTICE TO PROCEED The undersigned
agrees to complete the Project in its entirety within 180 consecutive calendar days
NOTE The penalty for making false statements in offers is prescribed in 18 U 1001 C S
18 June
20 10
Date
By
Na e
der
itle t BTesident
u n 9
License Number
GC00000097
Augusta Housing
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