«Primary_Applicant»
«Contract_No»
Infill Infrastructure Grant Program ( IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authority & Purpose
Thi
s Standard Agreement, STD. 213 (hereinafter “Agreement”) is the result of Recipient’s application (“Application”) for funding under the Infill Infrastructure Grant Program of 2007 (“Program”) pursuant to:
A. Chapt
er 2 of Part 12 of Division 31 of the Health and Safety Code (commencing with Section 53545.13);
B. The I
nfill Infrastructure Grant Program of 2007 Guidelines (the “Guidelines”) dated April 15, 2021, issued by the State of California, Department of Housing and Community Development (“Department”) and as may be amended from time to time; and,
C. The P
rogram’s Notice of Funding Availability (“NOFA”) under which the Contractor applied, was issued by the Department, dated May 12, 2021. In accepting this grant award, the Recipient agrees to comply with the terms and conditions of the Guidelines, the NOFA, this Agreement, and the disbursement agreement, which is more particularly described in Exhibit B, attached hereto.
D. Thi
s exhibit makes reference to Exhibits B, C, D, and E, all of which are attached hereto and made a part hereof by this reference.
2. Scope of Work
The S
cope of Work (“Work”) for this Agreement shall consist of the development and construction by or on behalf of the Recipient as follows:
A. The “
Capital Improvement Project” described in Exhibit E under provision Ex. A-E.1.
B. The r
esidential Housing Development(s) designated in the Application as the “Qualifying Infill Project” (hereinafter also referred to as the “Housing Development(s)”), to be developed and constructed by the Recipient, or other developer, as provided in the Application and meet the criteria set forth in Exhibit E under provision Ex. A-E.2.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT A
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
C. The Capital Improvement Project is an integral part of or is necessary for the completion of the Housing Development(s). The Recipient is responsible for and shall ensure the completion of the Capital Improvement Project and the completion and occupancy of the Housing Development(s) in accordance with the criteria set forth above in Paragraph 2.B. The Department reserves the right to review and approve all Work to be performed by the Recipient, or contracted by the Recipient, in relation to this Agreement. Any substantial revision to the Work shall be submitted in writing for review and approval by the Department and shall require an amendment to this Agreement.
D. The D
epartment, the Recipient and other parties as required by the Department, shall enter into a Disbursement Agreement governing among other things the disbursement of Program funds, as more particularly described in Exhibit B, attached hereto.
3. Definitions
Capi
talized terms herein shall have the meaning of the definitions set forth in the Guidelines, in addition:
A. “R
ecipient” refers to the entity or entities submitting an application, or to a related entity approved by the Department entering into this Agreement and identified as “Contractor” on page one of this Agreement. In the case of joint applicants, “Recipient” shall also refer to each applicant or the Department-approved assignee of such applicant. Each joint applicant shall be jointly and severally liable for all obligations of a Recipient as set forth herein because the Department may only provide a single Program award under this Agreement, in the case of joint applicants, or where a related entity approved by the Department entering into this Agreement and identified as “Contractor” on page one of this Agreement is added later, all such applicants and related-entities identified as a Contractor under this Agreement shall collectively comprise and be deemed a joint venture.
B. “C
apital Improvement Project” means the Capital Improvement Project described in Paragraph 2.A. of this Exhibit A.
C. “H
ousing Development” means the Qualifying Infill Project described in Paragraph 2.B. of this Exhibit A that is supported by the Capital Improvement Project.
Any
reference to a specific “Section” or “section” of the Guidelines shall initially refer to that specific numbered section of the Guidelines adopted on and dated May 12, 2021.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT A
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
Notwithstanding, if and when the Department amends any portion of the Guidelines, all references herein to any such portion of the Guidelines shall be deemed to refer to the updated version of the Guidelines, either in whole or in part, as may be applicable. To the extent that any Guideline section or sections (Section or Sections) provision is or are amended, and thereafter receive(s) a new Guideline section number(s), any reference herein to the old Guideline section(s) number(s) shall be interpreted to refer instead to the Guideline section(s) that is (or are) intended to replace the content and substance of the former Guideline section(s).
4. Proximity to Amenities and Access to Transit
I
n response to submissions in the Application, the Department awarded rating points to qualifying infill projects for proximity to amenities (Guidelines Section 309(e)) and access to transit (Guidelines Section 309(d)) relative to the location of the Housing Development(s). At the request of the Department, Recipient shall provide evidence sufficient to support such award of points by the Department. The Department may refuse to commence or continue the disbursement of Program funds unless and until Recipient responds to such a request in a manner satisfactory to the Department.
5. Performance Milestones
R
ecipient shall ensure the completion of the PERFORMANCE MILESTONES set forth in Exhibit E under provision Ex. A-E.3, which are attached hereto and made a part hereof, by the designated dates. Recipient may apply to the Department for an extension of these timelines based on good cause shown and best efforts and assurances from the Recipient for timely completion of the remaining Milestones.
6. State Contract Coordinator
T
he State Contract Coordinator for this Agreement is the Infill Infrastructure Grant Program of 2007 Section Chief, Division of Financial Assistance, or the Chief’s designee. Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed by first class to the State Contract Coordinator at the address specified in Exhibit E under provision Ex. A-E.4.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT A
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
7. Recipient Contract Coordinator
T
he Recipient’s Contract Coordinator for this Agreement is listed in Exhibit E under provision Ex. A-E.5. Unless otherwise informed, any notice, report, or other communication required by this Agreement may be mailed by first class mail, or sent through a commercial courier to the contact at the address specified in Exhibit E under provision Ex. A-E.5.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT B
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Project Budget
T
he preliminary projected budget (“Budget”) as referenced in this Exhibit contains the cost items for the design, development and construction of the approved Capital Improvement Project, including the sources and uses of funds (“Sources and Uses”).
The financial information for the foregoing Budget is contained in Exhibit E under provision Ex. B-E.4 in a table entitled “PROJECT BUDGET.” Recipient agrees that any cost overruns or increases resulting in a total cost for Capital Improvement Project exceeding that set forth in the Budget shall be the responsibility of Recipient.
2. Contract Amount
A. F
or the purpose of performing the Work, the Department agrees to provide the amount identified on page one, number 3, of this Agreement (STD. 213) in the form of a grant for the uses identified in the Budget. In no instance shall the Department be liable for any costs for the Work in excess of this amount, or for any unauthorized or ineligible costs.
B. T
he Department may approve a request from the Recipient to reallocate funds between authorized activities and itemized amounts stated in the Budget.
Changes in aggregate of ten percent (10%) or less of the total grant amount between activity categories during the term of this Agreement, and expenditures pursuant thereto, may be made only after the Department’s express written approval, but do not require a written amendment to this Agreement.
3. Other Funding Sources
A. W
here the Sources and Uses set forth in this Exhibit identify funds other than Program funds, those funds shall be expended and applied to Project costs as provided in the Budget. Recipient agrees that it will make best efforts to ensure that the other funds specified in the Budget are available for disbursement as provided in this Exhibit, and approved for the use specified in the Budget, except to the extent the Budget and the Sources and Uses may be updated and modified by the Disbursement Agreement described below. The Recipient shall provide evidence and assurance of the commitment and availability of such other sources of funding identified in the Sources and Uses as provided in the Disbursement Agreement. The terms and conditions of all construction financing to be used in conjunction with the Program funds shall be subject to the Department’s review and approval.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT B
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
B. Pursuant to Sections 302(m)(4) of the Guidelines, the Department requires the Recipient to provide an Estoppel Letter, acceptable to the Department, evidencing that the amount of owner equity or developer funds proposed by the Recipient at application stage, and relied upon by the Department in reviewing the financial feasibility of the project, continues to be committed to the project.
4. Completion Dates
A. P
ursuant to Guidelines Section 306(d), all Program funds must be disbursed no later than Disbursement Deadline, as that term is further defined in Exhibit E under provision Ex. B-E.1. All un-disbursed funds remaining as of the Disbursement Deadline, will no longer be available for this Project. All invoices for payment must be submitted to the Department no later than three (3) months prior to the Disbursement Deadline to ensure payment processing.
B. T
his Agreement shall expire on the date set forth in Exhibit E under provision Ex.
B-E.2 notwithstanding a contrary date set forth on page one of this Agreement.
5. Method of Payment
A. P
ayment shall be made as progress payments as set forth in the Disbursement Agreement. Recipient shall request payment for Work completed on forms provided by the Department and subject to such documentation as the Department may require.
B. T
he Department shall not authorize payments unless it determines that the Program funds shall be expended in compliance with the terms and provisions of the Guidelines, the NOFA, this Agreement and the Disbursement Agreement.
C. T
he Department shall not authorize payment(s) for pre-development and/or soft costs until the Department has received from the Recipient:
1) A
n executed construction contract; and,
2) E
vidence, acceptable to the Department, demonstrating that construction period funding sources have been secured, or has, or will be converted to permanent funding sources.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT B
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
6. Disbursement Agreement
A. T
he Recipient, the Department and such other parties as may be reasonably required by the Department, shall enter into a Disbursement Agreement in a form provided by the Department. The Disbursement Agreement shall contain a specific description of the Capital Improvement Project and an updated Budget; therefore, including an updated table of Sources and Uses, and the specific terms and conditions for the disbursement of Program funds.
B. T
he Disbursement Agreement must be executed within two (2) years from the date of award, which date is set forth in specific detail in Exhibit E under provision Ex. B-E.3.
[
PROJECT BUDGET TABLE NOW APPEARS IN EXHIBIT E]
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
IIG GENERAL TERMS AND CONDITIONS
GENERAL
1. Effective Date, Commencement of Work and Completion Dates T
his Agreement is effective upon approval by the Department representative’s signature on page one of the fully executed Standard Agreement, STD 213. The Recipient agrees that construction of the Capital Improvement Project has not commenced as of the deadline for submittal of applications set forth in the Notice of Funding Availability.
The Recipient agrees that the Work shall be completed as specified in this Agreement, subject to the termination date specified on page one, number two, of this Agreement, and subject to the expiration date provided by Exhibit B paragraph 4.B, unless a written request for an extension is submitted and written approval by the Department is provided within ninety (90) days prior to the termination or expiration date of this Agreement. Any extension to the termination or expiration date shall require an amendment to this Agreement.
2. Terminat ion
T
he Department may terminate this Agreement at any time for cause by giving at least fourteen (14) days’ notice in writing to the Recipient. Cause shall consist of violations by Recipient of any terms and/or special conditions of this Agreement, to include but not limited to Paragraph 46 of this Exhibit. Upon termination or expiration of this Agreement, unless otherwise approved in writing by the Department, any unexpended funds received by the Recipient shall be returned to the Department within fourteen (14) days of the Notice of Termination.
3. Infill Infrastructure Grant Documents
I
n addition to this Agreement the Recipient shall execute and enter into a Disbursement Agreement, which shall govern the terms, disbursement and use of the Program funds, the Covenant described below, and other additional agreements and documents as the Department may deem reasonable and necessary to meet the requirements of the Program and the terms and conditions of this Agreement. The Department may request, and if requested, the Recipient shall agree to and record a performance deed of trust ensuring the completion of Housing Development(s) or the Infrastructure Project. Said performance deed of trust shall be recorded against the entire legal parcel underlying the project, which it ensures is being constructed.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
4. Covenant Regarding Development of Affordable Housing P
rior to the disbursement of Program funds, the Recipient shall enter into a written Covenant Regarding Development of Affordable Housing (“Covenant”) with the Department and including such other parties as the Department may reasonably require, which shall require the development and construction of the Housing Development(s) with, the number of units and the number of bedrooms per unit, the extent and depth of affordability, Net Density, as set forth in Exhibit A, and other uses and amenities for which points were granted to the Application. The Covenant shall be recorded against the parcel or parcels of real property on which the Housing Development(s) is to be located and shall be binding on all successors, transferees, and assignees acquiring an interest in the Housing Development(s) as follows:
A. F
or rental Housing Development(s)s, the Covenant shall require the continuation of the affordability of the Housing Development(s) for a period of not less than fifty-five (55) years from the date of the filing of a Notice of Completion for the Housing Development(s).
B. F
or homeownership Housing Development(s)s, the Covenant shall require the continuation of the affordability for a period of not less than thirty (30) years from the date of the filing of a Notice of Completion for the Housing Development(s).
The affordability will be ensured through a resale restriction or equity sharing upon resale.
C. [In
tentionally Omitted]
D. I
n addition to the Covenant, the Department may request, and if requested, the Recipient shall agree to and record a performance deed of trust ensuring the completion of the Housing Development(s) or the Infrastructure Project. Said performance deed of trust shall be recorded against the entire legal parcel underlying the object, which it ensures is being constructed. Alternatively, the Department may require that the Covenant contain a power of sale clause, which may be exercised in the event that the Housing Development(s) or Infrastructure Project are not timely completed, or in the event of an uncured breach of this Agreement.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
5. Site Control
T
he Recipient must have and maintain site control sufficient to ensure the timely commencement of the Infrastructure Project and the Housing Development(s) as determined by the Department. The Recipient shall also obtain all licenses, easements and rights-of-way or other interests required for completion of the Infrastructure Project and the Housing Development(s) and provide evidence of such instruments prior to the first disbursement of Program funds.
6. Appraisals
Rec
ipient shall, at the request of the Department, provide an appraisal of the real property to be acquired as part of the Infrastructure Project or the Housing Development(s), prepared in a form, and by a qualified appraiser, acceptable to the Department.
7. Relocation Plan
I
f there is or will be any residential or commercial displacement directly or indirectly caused by the Infrastructure Project or the Housing Development(s), or both, as defined in state law, the Recipient shall provide a relocation plan conforming to the requirements of state law and regulations issued by the Department in Subchapter 1 (commencing with Section 6000) of Chapter 6 of Division 1 of Title 25 of the California Code of Regulations. The relocation plan shall be subject to the review and approval of the Department prior to the initial disbursement of Program funds. In addition to actions that satisfy the regulatory requirements, the relocation plan shall contain a line item budget. The project and/or the development budget shall contain sufficient funds to pay all costs of relocation benefits and assistance as set forth in the relocation plan accepted by the Department.
8. Article XXXIV
T
he Recipient shall submit to the Department evidence satisfactory to the Department that the requirements of Article XXXIV of the California Constitution are inapplicable or have been satisfied as to the Housing Development(s).
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
9. Environmental Conditions
T
he Recipient shall provide to the Department the following:
A.
All Environmental Site Assessment (“ESA”) Reports (to include Phase I, II, III, supplemental or update assessments and reports) for the Infrastructure Project and the Housing Development(s), in conformance with ASTM Standard Practice E 1527, evaluating whether the Infrastructure Project is affected by any recognized environmental conditions.
B.
Documentation and/or a certification satisfactory to the Department that all Environmental Site Assessment Report recommendations including remediation and/or mitigation work have been completed.
C.
Mitigation requirements required as a result of the Final Environmental Impact Report (“EIR”) or Mitigated Negative Declaration if applicable and evidence satisfactory to the Department that all mitigation requirements have been satisfied.
10. Compliance with State and Federal Laws, Rules, Guidelines and Regulations T
he Recipient agrees to comply with all State and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the Infrastructure Project and Housing Development(s), the Recipient, its Contractors or Subcontractors, and any grant activity.
11. Litigation
A. I
f any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable.
B. Th
e Recipient shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
12. Milestones
R
ecipient shall ensure the completion of the designated activities within the dates designated in Exhibit A, Performance Milestones, and as further set forth in the Disbursement Agreement.
13. Insurance
T
he Recipient shall have and maintain in full force and effect forms of insurance, at such levels and for such periods, in accordance with the Disbursement Agreement.
14. Change of Conditions
N
otwithstanding the Department’s obligations to provide payments pursuant to Exhibit B hereof, the Department reserves the right to evaluate the Infrastructure Project’s need for Program funds based on new information or funding sources. If the Department determines that the Program funds, or a portion thereof, are no longer necessary to complete the Infrastructure Project, the Department may reduce the amount of the grant accordingly. In the event the Department determines the Infrastructure Project or Housing Development(s) is no longer financially feasible, the grant commitment issued by the Department and this Agreement may be terminated.
15. Obligations of Recipient with Respect to Certain Third-Party Relationships T
he Recipient shall remain fully obligated under the provisions of this Agreement notwithstanding its designation of any third party or parties for the undertaking of all or any part of the Infrastructure Project and Housing Development(s) with respect to which assistance is being provided under this Agreement. The Recipient shall comply with all lawful requirements of the Department necessary to ensure the completion, occupancy and use of the Infrastructure Project and Housing Development(s) in accordance with this Agreement.
16. Waivers
N
o waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement or to require at any time performance by the Recipient of these provisions shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
17. Identity of Interests
A
s a condition of disbursement, Recipient shall execute a Certificate of Identity of Interest (“Certificate”) listing all relationships constituting an identity of interest with entities providing goods or services in connection with Recipient’s performance of the Scope of Work. The Certificate shall be in a form provided by the Department. At the Department’s request, Recipient shall submit contracts, instruments, documents, correspondence, or other writings relating to Recipient’s relationship with entities listed in the Certificate. The existence and nature of such relationships shall be subject to the review and approval of the Department to the extent necessary to ensure compliance with Program requirements and this Agreement.
DESIGN
18. Architect
T
he Recipient shall utilize the services of an architect and/or an engineer to provide professional design and engineering services for the Infrastructure Project and Housing Development(s). Recipient shall ensure that an architect and/or an engineer shall supervise the construction work, conduct periodic site visits, prepare periodic inspection reports, verify the validity of the construction Contractor’s payment requests, prepare or review change orders, and, upon completion of construction, provide the certification described in Paragraph 35, of this Exhibit D. At the request of the Department, Recipient shall submit all contracts for these services to the Department for its review and approval.
19. Plans and Specifications and Project Cost Estimates A
t the request of the Department, the Recipient shall submit plans, specifications, and project cost estimates for the Infrastructure Project and Housing Development(s) to the Department for its review and approval. The Infrastructure Project and Housing Development(s) shall be constructed in substantial compliance with the plans and specifications, subject to any change order(s) accepted by the Department where such acceptance is required.
20. Reasonable Development Costs
A
t the request of the Department, the Recipient shall provide evidence acceptable to the Department that the total costs of the Infrastructure Project and Housing Development(s) are reasonable and necessary for the proposed improvements. To verify cost reasonableness, the Department may require qualified third-party verification of cost, evidence of the competitive bidding of major cost components and appraisals.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
21. Adaptability and Accessibility
T
he Infrastructure Project and Housing Development(s) shall comply with all applicable federal, state and local laws regarding adaptability and accessibility for persons with disabilities in the design, construction and rehabilitation of projects.
22. Acoustics Report
U
pon request, the Recipient shall provide the Department with an acoustics report for the Housing Development(s) in a form acceptable to the Department.
23. Approval by Public Works Department
W
here approval by a local public works department, or its equivalent, is required for the Infrastructure Project, the Recipient must submit, prior to the disbursement of Program funds, a statement from that department, or other documentation acceptable to the Department, indicating that the Infrastructure Project has been approved by that department.
CONSTRUCTION
24. Construction Contract
E
xcept for work performed by its own employees, the Recipient shall enter into a written construction contract or contracts (“Construction Contract(s)”) with a duly licensed contractor or contractors (“Contractor(s)”) for the construction work of the Infrastructure Project and the Housing Development(s). The Construction Contract(s) shall require, where applicable, prevailing wages be paid in conformance with Labor Code Section 1720 et seq. and applicable provisions of this Agreement. The Construction Contract(s) and any amendments thereto shall be subject to the prior approval of the Department.
25. Contractor's Assurance of Completion
T
he Contractor(s) shall provide security to assure completion of the Infrastructure Project by furnishing the Recipient with Performance and Payment Bonds, or a Letter of Credit, which shall remain in effect during the entire term of the Construction Contract(s), and which shall be in a form and from an issuer, which is acceptable to the Department. The Performance Bond shall be in an amount at least equal to 100 percent (100%) of the approved construction costs included in the Construction Contract(s) to provide security for the faithful performance of the Construction Contract(s) including a warranty period of at least twelve (12) months after completion.
The Payment Bond shall be in an amount at least equal to 100 percent (100%) of the EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
approved construction costs included in the Construction Contract(s) to provide security for the payment of all persons performing labor on the Infrastructure Project and Housing Development(s) and furnishing materials in connection with the Construction Contract. A Letter of Credit shall be in an amount equal to at least 20 percent (20%) of the approved construction costs included in the Construction Contract(s), in the form of an unconditional irrevocable, stand-by letter of credit. The Department shall be named as an additional obligee in the Bonds or an additional beneficiary under the Letter of Credit.
26. Prevailing Wages
P
ursuant to Section 314 of the Guidelines, for the purposes of the State Prevailing Wage Law (Labor Code Sections 1720 – 1781), a grant under the Program shall be considered public funding for the construction, rehabilitation, demolition, relocation, preservation, or other physical improvement of the Infrastructure Project subject to the provisions of the State Prevailing Wage Law. Program funding of an Infrastructure Project shall not necessarily, in and of itself, be considered public funding of a Housing Development(s) unless such funding is otherwise considered public funding under the State Prevailing Wage Law. It is not the intent of the Department to subject Housing Development(s)s to the State Prevailing Wage Law by reason of Program funding of the Infrastructure Project in those circumstances where such public funding would not otherwise make the Housing Development(s) subject to the State Prevailing Wage Law.
Although the use of Program funds does not require compliance with federal Davis- Bacon wages, other funding sources may require compliance with federal Davis-Bacon wages. The Recipient shall prepare a plan for compliance with this section, which plan shall be subject to the review and approval of the Department.
27. Construction Phase Information
I
f requested by the Department, the Recipient shall provide the Department:
A. I
nformation during the construction period including but not limited to all change orders and modifications to the construction documents and all inspection reports of the Infrastructure Project. Upon written notice to Recipient, the Department may require its advance written approval of all future change orders and modifications. Deviations from the plans and specifications which have the effect of reducing the quality, life or utility of a specified item or system must receive the prior written approval of the Department. Should change orders be submitted to the Department for its approval, they shall be deemed accepted if not responded to in writing within 10 (ten) business days of receipt by the Department.
Recipient shall not authorize or approve any change orders rejected by the Department where the Department’s approval is required.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
B. I
nformation during the construction period including but not limited to all change orders and modifications to the construction documents, all inspection reports prepared by the Housing Development(s) architect and other consultants, and information relative to the Housing Development(s) income, expenses, occupancy, relocation benefits and expenses, contracts, operations and conditions of the Housing Development(s). Upon written notice to Recipient, the Department may require its advance written approval of all future change orders and modifications. Deviations from the plans and specifications which have the effect of reducing the quality, life or utility of a specified item or system must receive the prior written approval of the Department. Should change orders be submitted to the Department for its approval, they shall be deemed accepted if not responded to in writing within 10 business days of receipt by the Department.
Recipient shall not authorize or approve any change orders rejected by the Department where the Department’s approval is required.
28. Signage
R
ecipient shall place signs on the construction site for the Infrastructure Project and Housing Development(s) stating that the Department is providing financing through the Infill Infrastructure Grant Program in an appropriate location(s), typeface and size containing the message set forth in Exhibit E under provision Ex. D-E.1.
T
he sign shall be maintained in a prominent location visible and legible to the public through construction completion. If the job sign includes the acknowledgment and/or logo of one or more other public lenders or grantors, the Department acknowledgement and logo shall also be displayed in a similar size and layout. A copy of the Department logo can be obtained by contacting the Department Contract Manager.
U
pon installation of the sign, the Recipient shall submit a digital photograph thereof to the Department. The Recipient will also provide the Department, upon its request, with copies of any photographs that may be taken of the Infrastructure Project and the Housing Development(s) by or on behalf of the Recipient or its architect. The Recipient will provide an acceptable written consent and release agreement, authorizing use of said photographs, all at no expense to the Department.
INSPECTION OF GRANT ACTIVITIES
29. Site Inspection
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
The Department reserves the right, upon reasonable notice, to inspect the Infrastructure Project site and any structures or other improvements thereon to determine whether the Infrastructure Project site meets the requirements of Program and this Agreement. If the Department reasonably determines that the site is not acceptable for the proposed Infrastructure Project in accordance with the Guidelines, the Department reserves the right to cancel its funding commitment and this Agreement.
30. Infrastructure Project and Housing Development(s) Inspection
A. The Department and any authorized representative of the Department shall have the right, during construction and thereafter, to enter upon and inspect the construction of the Infrastructure Project and Housing Development(s) to ensure that the construction is being and has been performed in accordance with the applicable Federal, State, and/or local requirements, the Guidelines and the terms of this Agreement. Such right to inspect shall include, but shall not be limited to, the right to inspect all work done, all materials and equipment used or to be used, and all books and records, including payroll records, maintained in connection with the construction work. Such right of inspection shall be exercised in a reasonable manner.
B. The Recipient shall be required to correct all circumstances found by such inspections not to conform to the applicable Program requirements, and to withhold payment to the Contractor and/or Subcontractor(s) until action(s) to correct the non-conforming circumstances is/are corrected by the Recipient and approved by the Department.
C. The Department reserves the right to withhold payment for any costs found not to conform to applicable Program requirements until such actions have been taken to correct the non-conforming circumstances and such corrective actions have been approved by the Department.
D. The Department shall have no affirmative duty to inspect the Infrastructure Project or the Housing Development(s) and shall incur no liability for failing to do so. Once having undertaken any inspection, neither the Department, nor any representative of the Department shall incur any liability for failing to make any such inspection properly, or for failing to complete any such inspection. The fact that such inspection may or may not have occurred shall not relieve the Recipient, the contractor, the construction lender, the architect, the structural engineer, the locality or anyone else of any obligation to inspect the Infrastructure Project and Housing Development(s).
31. Audit/Retention and Inspection
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
A. T he D epar
tment, its representatives or employees, or its delegatee shall have the right to review, obtain, and copy all records pertaining to performance of the Agreement. Recipient shall provide the Department or its delegatee with any relevant information requested and shall permit the Department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material. Recipient further agrees to maintain such records for a minimum period of four (4) years after final payment under the Agreement, unless a longer period of records retention is stipulated.
B. Payment for any cost which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the Department or its designee by the Recipient.
C. At any time during the term of this Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the Infrastructure Project or the Housing Development(s). At the Department’s request, the Recipient shall provide, at its own expense, a financial audit prepared by a certified public accountant.
D. The audit shall be performed by a qualified State, Department, local or independent auditor. The Agreement for audit shall include a clause, which permits access by the Department to the independent auditor's working papers.
E. If there are audit findings, the Recipient shall submit a detailed response to the Department for each audit finding. The Department will review the response and, if it agrees with the response, the audit process ends, and the Department will notify the Recipient in writing. If the Department is not in agreement, the Recipient will be contacted in writing and will be informed as to the corrective actions required to cure any audit deficiencies. This action could include the repayment of disallowed costs or other remediation.
F. If so, directed by the Department upon termination of this Agreement, the Recipient shall cause all records, accounts, documentation, and all other materials relevant to this Agreement to be delivered to the Department as depository.
COMPLETION OF CONSTRUCTION
32. Relocation Plan Implementation Report
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
The Recipient shall provide a report, in a form acceptable to the Department, summarizing the actions taken and identifying all recipients of relocation assistance and benefits, and the amounts paid, and benefits provided, to or on behalf of each recipient.
33. Architect Certification
Where required by the Department, the Recipient shall cause the Infrastructure Project and Housing Development(s) architect(s) or other appropriate professional to certify to the Department, in a form acceptable to the Department, that all construction is completed in accordance with the “as-built” Plans and Specifications and in compliance with all applicable federal, state and local laws relating to disabled accessibility.
34. Cost Certification
At the request of the Department, the Recipient shall submit an Infrastructure Project and Housing Development(s) cost certification that shall have been audited by an independent certified public accountant in accordance with the requirements of the Department and the California Tax Credit Allocation Committee, if applicable. The Recipient (and the developer or builder if there is an identity of interest with the Recipient) shall keep and maintain records of all construction costs not representing work done under the Construction Contract and to make such records available for review by the Department.
35. Recorded Notice of Completion
The Recipient shall provide to the Department a certified copy of any Notice of Completion for the Housing Development(s) recorded in the county in which the Housing Development(s) is located.
36. “As-Built” Plans and Specifications
Upon completion, at the request of the Department, the Recipient shall submit “as-built” plans and specifications for the Infrastructure Project and Housing Development(s) acceptable to the Department.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
37. Intentionally left blank
HOUSING DEVELOPMENT(S) REQUIREMENTS
38. Confirmation of Permitted Housing Units
Conditions precedent to the first disbursement of Program funds shall include receipt of all required public agency entitlements and all required funding commitments for the Housing Development(s). The housing units to be developed in the Housing Development(s) must be completed, as evidenced by receipt of a certificate of occupancy, within the time period established in this Agreement.
39. Proximity to Amenities
To ensure the Recipient’s Housing Development(s) meets or exceeds the proximity to amenities proposed in the Application, the Recipient shall submit evidence to the Department for approval prior to the final disbursement of funds that the amenities will be in service and located in distances consistent with Sections 309 and 310 of the Guidelines, as applicable, when the Housing Development(s) is completed.
40. Access to Transit
To ensure the Recipient’s Housing Development(s) meets or exceeds the access to transit distance proposed in the Application, the Recipient shall submit evidence to the Department for approval prior to the final disbursement of funds that the transit stations or major transit stops meet the definitions in Section 302(ll) and 302(q) of the Guidelines, respectively. The evidence shall substantiate completion of the transit stations identified in the application no more than five years from the deadline for submittal of applications set forth in the NOFA, and pursuant to the definition of Transit Station of the Guidelines in Section 302.
REPORTING REQUIREMENTS
41. Reports on Infrastructure Project
Recipient shall submit, upon request of the Department, a periodic performance report regarding the construction of the Infrastructure Project. The reports will be filed on forms provided by the Department.
42. Reports on Housing Development(s)
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
Recipient shall submit to the Department periodic reports, as required by the Department, but not less than annually, describing the development, construction and occupancy of the Housing Development(s). The report shall include, but not limited to, information regarding unit affordability and occupancy, construction and permanent financing evidenced by commitment letters, and a construction and completion schedule demonstrating compliance with this Agreement and the Guidelines. The reports will be filed on forms provided by the Department.
43. Updated Information
Recipient shall provide the Department updated documentation for any substantial change in the information previously provided relating to the Infrastructure Project and the Housing Development(s) and the conditions described above.
44. Monitoring Requirements
The Program shall perform regular monitoring of the Housing Development(s) and/or fiscal monitoring of the grant pursuant to section 312 of the Guidelines. The Recipient agrees to cooperate with any such monitoring and provide reasonable access to all Infrastructure Project files, records, documents and other information to employees or representatives of the Department. The Recipient shall resolve any monitoring findings to the Program's satisfaction by the deadlines set by the Department.
REPAYMENT OF GRANT FUNDS
45. Breach of this Agreement
In the event of a breach or violation by the Recipient of any of the provisions of this Agreement, the Department may give written notice to the Recipient to cure the breach or violation within a period of not less than thirty (30) days. If the breach or violation is not cured to the satisfaction of the Department within the specified time period, the Department, at its option, may declare a default of the Agreement and may seek remedies for the default, including the following:
A. T he D
epar
tment may terminate this Agreement and demand repayment of the Program funds to the extent that work for costs to be paid by Program funds as provided in Exhibit B remains unperformed or uncompleted. Recipient shall be liable for all costs to complete all such uncompleted or unperformed work.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT D
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
B. The Department may seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the Infrastructure Project in accordance with Program requirements.
C. The Department may seek such other remedies as may be available under this Agreement or any law.
D. This Agreement may be cancelled by the Department under any of the following conditions:
1) An uncured breach or violation by Recipient of this Agreement or the Disbursement Agreement.
2) The objectives and requirements of the Program cannot be met by continuing the commitment or this Agreement.
3) Construction of the Infrastructure Project or Housing Development(s) cannot proceed in a timely fashion in accordance with the Performance Milestones in Exhibit A of this Agreement.
4) Funding or disbursement conditions have not been or cannot be fulfilled within required time periods.
46. Repayment of Grant Funds for Failure to Develop Housing
Recipients will be required to repay disbursed Program grant funds where construction of residential units in the Housing Development(s) used as the basis for calculating the grant amount pursuant to Section 305(a) of the Guidelines has not received building permits within two (2) years from the date of the Program grant award. The Department may extend these deadlines, for a term not to exceed seven (7) years, if the Recipient demonstrates, to the satisfaction of the Department, that it has complied with the performance milestones identified in Exhibit A of this Agreement. The amount to be repaid shall be the same proportion to the total grant amount as the number of residential units where construction has not timely commenced to the total number of designated residential units.
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT E
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
PROJECT SPECIFIC PROVISIONS AND SPECIAL TERMS AND CONDITIONS
1. PROJECT SPECIFIC PROVISIONS
The following are project -specific terms and conditions (referred to as enumerated provision(s) for ease of reference in prior exhibits) and shall inform the references made to project-specific information not contained in thos e prior exhibits.
Provision Ex. A-E.1 (As referenced in Exhibit A paragraph 2.A) {Insert Project Description}
Provision Ex. A-E.2 (As referenced in Exhibit A paragraph 2.B) Location of Housing Development
(APN, address, parcel map, specific
plan, or similar reference) City and
County
{Cut This Table and Insert Recipient’s
Table Here}
Enter the number of units by bedroom size and income level. # of Bedrooms # of Units IIG Restricted
Income Limit
(% of AMI)
Total
Net Density (see Guidelines
Sec. 302(u))
ADD ADDITIONAL UNIT MIX CH
ART(S) FOR OTHER QIP(S)
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT E
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
Provision Ex. A-E.3 (As referenced in Exhibit A paragraph 5)
PERFORMANCE MILESTONES
{Cut This Table and Insert Recipient’s Table Here}
Performance Milestone Infrastructure
Project
Housing
Development(s)
Executed binding agreement between the
Recipient and developer of the proposed
Housing Development detailing the terms and
conditions of the Project development.
Site Control of Housing Development site(s)
by proposed housing developer.
Completion of all necessary environmental
clearances, including those required under
CEQA and NEPA.
Obtaining all necessary and discretionary
public land use approvals.
Obtaining all enforceable funding
commitments for the Housing Development
supported by the Infrastructure Project.
Obtaining all enforceable funding
commitments for all construction period
financing.
Obtaining enforceable commitments for all
construction/permanent financing described in
the Sources and Uses (as defined in Exhibit B
to this Agreement) including substantially final
construction/permanent loan documents, and
Tax Credit syndication documents for
remaining phases of Project.
Submission of Final Construction Drawings
and Specifications to the appropriate local
building department or permitting authority.
Commencement of construction.
Construction complete and the filing of the
Certificate of occupancy
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHIBIT E
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
Provision Ex. A-E.4 (As referenced in Exhibit A paragraph 6)
Jon Moore, Section Chief,
Climate Programs
Division of Financial Assistance
Department of Housing and Community Development
P.O. Box 952054
Sacramento, California 94252-2054
Provision Ex. A-E.5 (As referenced in Exhibit A paragraph 7)
Recipient: Insert Contact Info Here
Authorized
Representative Name:
Insert Contact Info Here
Authorized
Representative Title:
Address: Insert Contact Info Here
Phone No.: Insert Contact Info Here
Email Address: Insert Contact Info Here
Provision Ex. B-E.1 (As referenced in Exhibit B paragraph 4.A)
The “Disbursement Deadline,” as that term is used and referenced throughout the agreement, and in particular in Exhibit B paragraph 4.A, shall be no later than four (4) years from June 30, 2025.
Provision Ex. B-E.2 (As referenced in Exhibit B paragraph 4.B)
This Agreement shall expire on June 30, 2030 notwithstanding a contrary date set forth on page 1 (entitled STD. 213) of this Agreement.
Provision Ex. B-E.3 (As referenced in Exhibit B paragraph 6)
The Disbursement Agreement must be executed within two (2) years from {INSERT AWARD DATE} (the date of award).
Provision Ex. B-E.4 (As referenced in Exhibit B paragraph 1) EXHIBIT 1
«Primary_Applicant»
«Contract_No»
E
XHIBIT E
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
PROJECT BUDGET
INFRASTRUCTURE DEVELOPMENT BUDGET AND SOURCES
PROJECT NAME APPLICANT(s)
ESTIMATED CAPITAL IMPROVEMENT
PROJECT COSTS
DEVELOPMENT COSTS BY
FUNDING SOURCE
DEVELOPMENT COSTS
Costs Category Total
Amount
Infill Grant
Program
PROJECT ACTIVITY (Hard Cost)
Total Project Activity Costs $ $ $ $
SOFT COST AND OTHER
PROJECT RELATED COSTS $
Total Soft Cost and Other
Project Related Costs $ $ $ $
TOTAL PROJECTED CIP COSTS $ $ $ $
EXHIBIT 1
«Primary_Applicant»
«Contract_No»
EXHI
BIT E
Infill Infrastructure Grant Program (IIG)
NOFA:
Approved Date: 7/8/2021
Prep. Date: (date inserted when SA is created)
Provision Ex. D-E.1 (As referenced in Exhibit D paragraph 29) The si
gnage required by Exhibit D, paragraph 29 shall contain the following information:
PROJ
ECT NAME: «Project_Name»
THI
S PROJECT HAS BEEN MADE POSSIBLE
BY FINANCING FROM
THE VETERANS AND AFFORDABLE HOUSING BOND ACT OF 2018 INFILL
INFRASTRUCTURE GRANT PROGRAM
THROUGH THE CALIFORNIA DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT
2. SPECIAL TERMS AND CONDITIONS
The fol
lowing Special Terms and Conditions are applicable to this Agreement and shall control notwithstanding anything to the contrary herein:
A. Payee
The aut
horized Payee(s) is/are as specified below:
Payee
Name: {INSERT} $00.00
EXHIBIT 1