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2017 DCA Fall  Conference 2017 DCA Fall  Conference

2017 DCA Fall Conference - PowerPoint Presentation

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2017 DCA Fall Conference - PPT Presentation

2017 DCA Fall Conference Neighborhood Revitalization Glenn Misner amp Samanta Carvalho October 5 2017 Congratulations Youve won a Grant Now What Topics well discuss today Key Players and their roles ID: 773230

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2017 DCA Fall ConferenceNeighborhood Revitalization Glenn Misner & Samanta Carvalho October 5, 2017

Congratulations, You’ve won a Grant – Now What? Topics we’ll discuss today:Key Players and their rolesMinimum Property Standards and Building Codes Housing Inspections Work Write-ups, Cost Estimates, Scope of Work Bidding Procedures Elements of a Construction Contract Oversight of the work

The Players and their roles The Program Director Develop and administer the programSupervise a competent and efficient staff Effectively communicate with elected officials, program participants, and contractors Address local groups and gatherings Ensure all reports, documents, and paperwork are submitted on time May or may not be an employee of the local governing body

The Players and their roles The Rehabilitation Advisor Construction and construction costing experience is a MUSTProficient in inspection procedures Ability to develop clear and coherent work write-ups, specifications, and cost estimates Knowledgeable of Lead Based Paint regulations and terminology Communicate with all levels of the community – especially homeowners and contractors

The Players and their roles The Appraiser The appraiser is not usually a fulltime employee but rather a competent resource. He/she should be well experienced and well respected in the local community. He/she should be certified by the Ga. Real Estate Appraisers Board.

The Players and their roles The General ContractorThis person can help your program receive national recognition or put you in jail. They can be the best or the worst part of your program! He/she should be a respected member of the community with a good reputation Construction experience and especially with rehab projects is essential Due diligence is essential MORE ON CONTRACTORS LATER.

Minimum Property Standards and Building Codes Georgia Building CodesThe State of Georgia currently follows the International Residential Code for One and Two Family Dwellings, 2012 edition with Georgia Amendments One of several State Mandatory codes “…shall apply to the construction, alteration , movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings”

Minimum Property Standards and Building Codes Georgia Building Codes Optional Permissive code: International Existing Building Code 2012 Edition with Georgia Amendments

Minimum Property Standards and Building Codes Georgia Building Codes International Codes resource: www.codes.iccsafe.org Georgia Amendments: d ca.ga.gov

Minimum Property Standards and Building Codes Minimum Property Standards (MPS) –Defined: A set of standards, created or adopted by the local governing body, that sets forth minimal conditions specific to property, structures, or environs within the community and describe what is “decent, safe, and sanitary”

Minimum Property Standards and Building Codes Minimum Property Standards may also: function as a base line of materials used, material properties, structural design, etc. may exceed Georgia building codes but may not hold a lower standard

Minimum Property Standards and Building Codes Minimum Property Standards may define: What materials may and/or may not be used The properties of the material (e.g. grade of lumber, PSI rating of concrete, durability of roof shingles, etc.) How the materials will be installed, used, or applied May be associated with certain zoning regulations

Minimum Property Standards and Building Codes Minimum Property Standards Sample MPS may be obtained from a variety of sources including some off-the-shelf software programs You may develop you own MPS, however, make sure that they do not compromise other related standards or Georgia codes

Housing Inspections Preliminary work Have a working knowledge of Ga. Building Codes and local MPS Prepare a tool box of tools you’ll likely need: flashlight, good screwdriver set, pliers, pocket knife, probing tools, measuring tape, and writing pad/electronic device Ensure adequate access to ALL areas of the unit – owner prep for inspection is critical! Do a walk around to get the feeling of the structure Take photographs of all four exterior elevations

Housing Inspections Preliminary work (continued ) Take lots of photographs of interior rooms – with notations Depending upon extent of work required, a floor plan drawing is a good idea. Be sure that each room identifier (Bedroom 1; Bedroom 2; Bathroom 1; Bathroom 2, etc.) is consistent between the Sketch and the WWU Take accurate interior and exterior measurements If you have the capability, do a CAD drawing of the structure, or do a good quality scaled pencil drawing

Housing Inspections Preliminary work (continued) Make copious notes, memory joggers, dimensions, and material attributes (e.g. color. material, texture, etc.). You’ll need them later – guaranteed! Treat the owner with utmost respect. Respect the furnishings and décor Don’t touch anything you don’t intend to inspect

Housing Inspections Lead Based Paint (LPB) Lead Hazard Evaluation is REQUIRED for Housing units built before 1978 Evaluation must be performed by a Georgia EPD Certified Lead Inspector and/or Risk Assessor Inspection – verifies presence of LBP Risk Assessment – identifies LBP hazards All lead hazards must be remediated Contractor must be Georgia RRP certified for lead work Once work is complete, the unit must pass Clearance Usually performed by the initial Lead Inspector/Risk Assessor

Housing Inspections Lead Based Paint (LPB) Required Notices to Owner/Occupants Signed Receipt must be in file

Housing Inspections Lead Based Paint (LPB) Required Disclosures to Owner/OccupantsLBP Pamphlet – given within 60 days of starting work (recommended at initial inspection and again at contract signing) Copy of Inspection/Risk Assessment report Copy of renovation contract Copy of Clearance report Signed Receipt for all disclosures must be in file

Housing Inspections Who performs a general home inspection? Your Rehab Advisor City or county building inspector Experienced builder or general contractor – Can not bid on work! Pro Bono engineer or architect A Certified Home Inspector The Rehab inspection is NOT like a pre-purchase inspection!

Housing Inspections What is inspected? Basically … everythingHealth and safety issues should take first priority ADA issues Code and MPS violations Structural issues Incipient problems Site and topographical issues General Property Improvements (GPI) under certain conditions

Work Write–ups, Cost Estimates, and Scope of Work What is a Work Write-up? A Work Write-up (WWU ) or Scope of Work is a document that provides the home owner, contractor and Program Director a complete description of what work will be required to meet the program property standards The WWU should be created by your Rehab Advisor (or qualified inspector) based on the unit inspection

Work Write–ups, Cost Estimates, and Scopes of Work A WWU should accurately describe: Each task to be done. Location of each task (e.g. inside closet door, bedroom #2, toilet in bathroom #1). An estimate of area involved (e.g. square yards, linear feet, squares, etc.). A WWU should be typed in a good, clear, easy to understand format. List and number each item separately., including a cost line so the work is itemized

Work Write–ups, Cost Estimates, and Scopes of Work A WWU should include good work SPECIFICATIONS: Include what work is to be done including specific materials you expect to be used: “Field measure, order and install a vinyl, double hung, double glazed, one-over-one window and jamb including screen, caulk, interior casing and exterior trim. Install half screen .” NOT: “Replace Windows”

Work Write–ups, Cost Estimates, and Scopes of Work A WWU should include good work SPECIFICATIONS: If you specify a brand name “Delta lavatory faucet” avoid “or equal” Use the term “ pre-approved equal” so you are sure the quality of the alternate is what you expect. Never leave the choice of materials up to the contractor

Specifications The home owner should have input in the Specification – use caution here! Specific brand names and model numbers. It’s advisable to have the home owner sign or initial any sample: Color chip. Carpet or vinyl flooring. Counter top sample. Roof shingles. Lack of attribute specifications is the major cause of contractual disputes.

Work Write–ups, Cost Estimates, and Scopes of Work Cost Estimates A Cost Estimate is the same document as the WWU with the estimated itemized costs filled in by the Rehab Advisor based on the local cost index. This document is used to gauge reasonableness of bids received NEVER let a potential contractor do the Cost Estimate Cost Estimates should never be shown to anyone (except staff) even after job completion Available from DCA:

WWU Assistant….

Bidding and Procurement Finding Georgia LICENSED Contractors Advertise your program in local papersPost ads at locations frequented by contractors Home Depot, Lowes, Ace, etc. Building materials supply houses. City or county building permits offices Social Media Other local communities using grant monies Create a list of pre-screened contractors and share with other agencies. Publish “Invitation to Bid” in newspapers, community websites, etc.

Bidding and Procurement Contractors: Due diligence to qualify contractors is CRITICAL! Review data on Principle owner Review financial references Obtain proof of insurance – liability and Workman’s Comp. Obtain Tax ID number Research other business names the principle owner may have owned HUD debarment list…. Mandatory Obtain past customer list – select some and call MUST HAVE CURRENT STATE LICENSE!

Bidding and Procurement Bidding Process Two options given to home owner as to which type of bidding process they prefer“ Open, Free, and Competitive” bid process “ Negotiated ” bid process Form 20-A, 20-B, or 20-C should be completed and signed depending upon owners choice of “Open, Free, and Competitive” or “Negotiated” option and whether rehab or reconstruction Beware of contractors directly marketing their firm to the owners!

Bidding and Procurement “ Open, Free, and Competitive” Prepare a “Bid Package” to include: A “Contractors Bid Packet” (See Form 6) Address of property and Owners name “General Conditions” and “Special Conditions” (See Exhibit “F2a” & “F2b”) “Bid and Proposal Form” (Exhibit “F2d”) Complete Scope of Work Scale drawings (Exhibit “F2f”) Date, time, and location of bid opening if appropriate Terms and Conditions of Rehabilitation Assistance Draw Schedule

Bidding and Procurement “ Open, Free, and Competitive” Bid Package should preferably be picked-up at program office Log of contractors showing date and time of receipt Consider on-site meeting to answer questions Do not alter “ Scope of Work ” at this point. Changes will handled with a Change Order later If you have post meeting questions, inform all bidders Seek out as many good contractors as possible Ask those choosing not to bid to provide your office a short note on letter head stating “NO BID” on so-and-so contract

Bidding and Procurement “Negotiated” Home owner may select contractor of their choice so long as contractor meets all program eligibility requirements Negotiated contractors bid must be within 10% of cost estimate or be negotiated to within that amount OR Home owner agrees to pay the amount over the 10% limit

Bidding and Procurement Receiving the Bids:NEVER OPEN A BID ENVELOPE BEFORE BID OPENING DATE AND TIME! Upon receiving the bid response, make certain the envelope is sealed If not sealed, initial across the envelope flap and tape over the initials with clear tape while in view of contractor or other witness Ensure contractors name, project address, and bid opening date and time are noted on the outside Write or stamp date and exact time of receipt and sign receivers name Enter received bid into contractor bid log

Bidding and Procurement Opening the Bids:Establish date and time of opening Invite home owner, responding contractors or other interested parties should be welcome Ensure one witnessing staff member is present Do not award bid at contract opening! Bid must be reviewed for accuracy, and completeness prior to contract Ensure all items are bid Ensure math is correct

Bidding and Procurement Opening the Bids:You do not have to accept the lowest bidThe contract should go to the lowest responsible bidder Be aware of “Low Ball” bids Bids in excess of 10% above OR below cost estimate can be considered non-responsive Home owner ultimately makes final decision With input from program staff. Any bid in excess of 20% above the cost estimate included in the original CDBG application must have DCA approval prior to contract award Once the winning bid is determined: Successful bidder notified Unsuccessful bidders notified

Awarding the Contract The Contract:The “Guidelines for Residential Rehabilitation” contains a good section on the elements of a Construction Contract. Exhibits “F1”, “F2a”, and F2b” provide an outline. A “Notice to Commence” or “Notice to Proceed” must be issued prior to starting work (Form 10). A sample of a “General Contractor Invoice” (Form 11) more frequently called a “Request for Draw” should be included. Expect the contractor to use this format.

Awarding the Contract The Contract:Include the “Draw Schedule” in the contract Should never exceed three payments and should include 10% withheld until “punch list” is satisfactorily completed and construction is done Contractor must include a “Release and Waiver of Claim for Subcontractor or Material Supplier” (Form 11). This is more commonly referred to as a “Mechanics Lien” Owner must sign satisfaction statement prior to each payment to the contractor – ESPECIALLY for the final payment

Awarding the Contract The Contract: Federal Contractual Requirements: Contractor should provide certification that he/she will abide by all the regulations and provisions as set forth in: The Davis/Bacon Act – usually exempt for rehab The Contract Work Hours and Safety Standards Act The Copeland Anti-Kickback Act The Health and Safety Act Sec 3 Liquidated Damages –Ensures Timeliness ;

Contract Oversight Inspect work on a regular basis to ensure specifications are met Document all site visits and inspections Inspection (and documentation thereof) is required prior to making a partial payment to the contractor Partial Payments - Optional No more than 2 PLUS Final Payment (1 partial is also an option ) Recommend availability at 50% and 80%job completion minus retainage Recommend Retainage of 10% of each payment

Contract Oversight Ensure Safety measures have been taken NEVER verbally agree to a Change Order without a formal written amendment to the contract Change Orders must be signed by all parties Inspect work prior to approving a Draw Request. Never vary from the “Scope of Work” without a Change Order

Contract Oversight Once all work is complete, final Inspection can be completed Once all work is deemed satisfactory – including all “Punch List” items, final payment can be made (See Form 27) upon receipt of: Owner Satisfaction Statement Subcontractor and Material Supplier Release of Liens (See form 12) Final Invoice and General Release of Liens (including 1 year warranty of work - See form 11)

Property Close out Certificate of Final Inspection (original) delivered to the owner . All manufacturers warranty’s on installed mechanical equipment Delivered to Owner (copies retained by grantee) Repayment Agreement/Deed to Secure Debt is filed with the County with evidence of recorded lien provided in the case file . See Manual for additional details

Grievance and Arbitration Establish a clearly defined Grievance and Arbitration procedure in your Policies and Procedures StatementGood P&P is the best way to avoid disputes Include reference to the Policies and Procedures in the Contract between the home owner and contractor 90% of all grievances can be resolved at this level IF YOU DON’T HAVE A WELL WRITTEN WORK WRITE-UP: YOU’RE ALREADY IN TROUBLE !

Monitoring for compliance All programs will be monitored . Monitoring is usually scheduled in advance but may be subject to review without notice the Local Government is responsible for organization and maintenance of all records A Contractual obligation between a recipient and a third party (i.e. Consultant) does not absolve the recipient of ultimate accountability for all aspects of the grant

Grant Amendment A Grant Amendment is required when seeking: Grant Adjustment Request (move >10% of funds between activities) Modification of Scope (Number of units/beneficiaries changing by 10% or more) Change in Activities (e.g., Rehabilitation to Reconstruction Addition and/or substitution of a unit. Expansion or modification of Target Area.

Grant Amendment Program Amendments (Recipients’ Manual, Ch . 1, Section 9)You must receive formal DCA Approval to… Add a new activity or delete an approved activity Decrease in scope of an activity by 10% or more Propose activity in area other than approved CDBG Target Area (Will require additional Environmental Review) Transfer funds from one activity to another greater than 10% of grant amount If proposed change is substantial, you must hold another public hearing – See CDBG Recipient Manual for additional guidance

More on Grant Modifications . . . When seeking a Grant Modification, you must provide a full synopsis of the current status of the entire grant including: a unit by unit status report (complete , in progress, drop out, over income, ineligible, etc .) if Multi-activity, please provide a current status of all other activities also

Grant Modifications If changing a unit from Rehab to Recon . . OR adding a new Rehab or Recon not previously identified as a target unit, you must: Submit a “Rehab Feasibility Test Form”. Photographs with narratives. Final Cost Estimates Seek a “Grant Modification” as noted above

Special Condition on all Grants with Housing Activities Prior to beginning any Housing activity, DCA requires each Neighborhood Revitalization and Multi-Activity grant recipient to submit a final version of their Policies and Procedures Statement to DCA for review and approval. NO DRAWS WILL BE RELEASED UNTIL THE SC IS CLEARED!

Illegal Immigration Reform and Enforcement Act of 2011 You are Required to obtain proof of lawful presence. See “Exhibit L”Accepted forms of documentation are indicated. Must be obtained prior to determination of program eligibility.This provision MUST be incorporated into grantees “Policies and Procedures”

Illegal Immigration Reform and Enforcement Act of 2011 Under O.C.G.A 50-36-1, The Illegal Immigration Reform and Enforcement Act of 2011, (including House Bill 2 and House Bill 87) you are required to obtain proof of lawful presence in order to obtain a “Public Benefit” as defined in this law. This includes (but is not limited to) types of housing and housing related assistance. The appropriate form may be found in Exhibit L (page 156), the accepted forms of documentation immediately follow. This Affidavit must be obtained prior to determination of program eligibility and all documentation (the completed form and supporting documentation) must be located in the participants file. This agreement and understanding MUST be incorporated into the Policies and Procedures of the award grantee.

Illegal Immigration Reform and Enforcement Act of 2011 Construction Contractors who participate in the program are under contract WITH THE LOCAL GOVERNMENT AS A DIRECT PARTY TO THE CONTRACT must participate in the E-Verify system to document the Lawful Presence of all employees of the company AND subcontractorsThis usually will only apply to public works projects

NoticesMonitoring: Emphasis on File Organization All appropriate Signatures and documentation of Meeting a National Objective Quality of Work Write-Ups especially “Specifications ” Quality of workmanship

Questions?

Thank You ! CDBG: Glenn Misner - (404) 679-3138 glenn.misner@dca.ga.gov CHIP: Samanta Carvalho – 404-679-0567 samanta.carvalho@dca.ga.gov