CONSTRUCTION DISBURSEMENT GUIDE MHDC 2400

Similar documents
CONSTRUCTION DISBURSEMENT

CONTRUCTION DISBURSMENT HANDBOOK MHDC MISSOURI HOUSING DEVELOPMENT COMMISSION 3435 Broadway Boulevard Kansas City, Missouri

Request for Approval of Advance/Release of Escrow Funds Section 232

PROCEEDURES UPON RECEIPT OF ESCROW ORDER FORM BY NACS: 2. NACS sets up the Escrow Agreement per the Escrow Order Form.

VIRGINIA HOUSING DEVELOPMENT AUTHORITY COST CERTIFICATION GUIDE FOR MORTGAGORS, CONTRACTORS AND CERTIFIED PUBLIC ACCOUNTANTS

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF HOUSING

MHDC s Transfer of Physical Assets (TPA) Process and Policy

Frequently Asked Questions Regarding the FY-2016 Rental Production NOFA

Village of Morton Grove Façade Improvement Program PARTICIPATION AGREEMENT

F. Audited Annual Financial Statements

Documentation and Funding Procedures Updated September 2008

City of Gainesville Community Development Department Housing Division

INSTRUCTION PAGE. Definitions

CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE (CDLAC) UPDATE. Jeree Glasser, Executive Director

CARRDAN TERMS AND CONDITIONS

This certification comes after periodic inspections of the work site, while work was being done and a final inspection of the completed work on.

CITY OF BOISE HOUSING AND COMMUNITY DEVELOPMENT DIVISION CDBG MONITORING FORM

Planning and Managing A Construction/Renovation Project

ACQUISITION AGREEMENT

INSTRUCTION PAGE. 3. All SBE firms included on SBE utilization plan must complete a Schedule C.

REV-2 CHG-1. Balance Sheet. HUD Multifamily Housing Programs

RESIDENTIAL REAL ESTATE AGENT SERVICES FOR NEIGHBORHOOD STABILIZATION PROGRAM

PENNSYLVANIA HOUSING FINANCE AGENCY (2019 UNDERWRITING APPLICATION)

Georgia Real Estate Practices. Attorney Involvement

Subject to the following limitations: 40 years on a fully amortizing basis. Subject to market conditions.

DSHA Underwriting Guidelines

REQUEST FOR QUALIFICATIONS AND PROPOSALS TO PROVIDE INSPECTION SERVICES

LOCAL GOVERNMENT PROMPT PAYMENT ACT

COUNTY OF VOLUSIA HOUSING REHABILITATION FUNDING AGREEMENT (Between County, Owner(s) and Contractor)

RECORDKEEPING PROCESS. All ACEDP grantees are required to develop a recordkeeping system that is comprehensive, well-organized and easy to review.

CITY OF EDGEWOOD SEWER Developer Extension Agreement Application

Community Housing Development Organization (CHDO) Manual. Policies Requirements for Certification Requirements for Recertification

[This entire document will be deleted and replaced with the new agreement base]

INTRODUCTION TO FEDERAL LOW INCOME HOUSING TAX CREDITS. 1. Applicable Percentage

Affordable Housing Assistance Program Program Guide Production Credits

Connecticut Housing Finance Authority

EXHIBIT E LOW INCOME HOUSING TAX CREDIT APPLICATION REQUIREMENTS

St. Lucie County Energy and Sustainability Financing Program (SLC ESFP) Property Assessed Clean Energy (PACE) APPLICATION

Land Bank Property for New Construction

KANSAS CITY, MISSOURI HOMESTEADING AUTHORITY POLICIES AND PROCEDURES

TABLE OF CONTENTS. Owner s Declaration Under Penalty of Perjury. General Information About the Property. Adjustment of Base Year Net Operating Income

PENNSYLVANIA HOUSING FINANCE AGENCY. FINANCIAL REPORTING MANUAL for Agency Financed Properties and Tax Credit Only Properties (no Agency Financing)

SPINNAKER ASSOCIATION, Inc. Niantic, CT 06357

DATE: TO OWNER: Washington State Housing Finance Commission Low-Income Housing Tax Credit Program 1000 Second Avenue Suite 2700 Seattle WA

Neighborhood Stabilization Program Frequently Asked Questions

PACIFIC TRUST DEED SERVICING COMPANY, INC. Collection Escrow Instructions

CENTER FOR COMMUNITY SERVICES. Title: Management of WAP/CSBG Property Directive #: CW Effective: September 4, 2014

NSP DEVELOPER ARRESALE PROGRAM PROCEDURES

Selecting your contractor Construction contracts Construction liens Lien documents Payments to contractors

Developer Extension Agreement Application

APPLICATION FOR CREDIT

SOUTH VILLAGE TAX INCREMENT FINANCING DISTRICT (TIF) COMMERCIAL REHABILITATION PROGRAM GUIDELINES & APPLICATION

PROPERTY ACQUISITION APPLICATION COMMERCIAL/MULTI-UNIT/MULTI-PROPERTY PROGRAM

Chicago Public Schools Policy Manual

PACE Financing Application Los Angeles County Commercial Property Assessed Clean Energy (PACE) Program

Rule E - Separate Accounts - Records - Accountings - Investigations E-1. Trust accounts; requirements and purposes

RENTAL DEVELOPMENT PROJECT MONITORING GUIDE

Public Portion: Mr. Bianchini opened the public portion. There being no comment, the public portion was closed. Resolutions:

Sewer Repair Application for 2019

OPERATIONS MANUAL CHAPTER 3 ACQUISITION AND PROPERTY MANAGEMENT

Kane County Foreclosure Redevelopment Program

MASTER LISTING AGREEMENT

HOME IMPROVEMENT CONTRACT

REQUIREMENTS FOR CONSTRUCTION AND CONSTRUCTION RELATED CONTRACTS WITH VALUES OF LESS THAN $200,000

Community Development District INFORMATION PACKET

Request For Proposal RFP # Capital Lease Financing for Enterprise Software. City of Greenville, Texas. October 13, 2010

DUTCHESS COUNTY SENIOR CITIZEN OWNER-OCCUPIED PROPERTY REHABILITATION PROGRAM GUIDELINES

ROXBURY COMMUNITY CENTER

908 West Outer Drive Oak Ridge, Tennessee Phone: (865)

REQUEST FOR PROPOSALS Professional Engineering Services for Lift Station In the Rural Municipality of Wellington

HOME Multi-Family Residential Rehabilitation Loan Program

SUBCHAPTER 58B TIME SHARES SECTION.0100 TIME SHARE PROJECT REGISTRATION

NORWICH PROPERTY REHABILITATION PROGRAM

Ingham County Land Bank Fast Track Authority RESIDENTIAL REAL ESTATE PROFESSIONALS

Silverdale Water District 2017 Construction Agreement Developer to Build Extension

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

HUD-811. MEMO SOURCE: HUD-811 Process

Request For Proposal 16-11: Janitorial Services

PURCHASE AND SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS DIRECTOR'S OFFICE REAL ESTATE BROKERS AND SALESPERSONS - GENERAL RULES

MONTANA BOARD OF HOUSING LOW INCOME HOUSING TAX CREDIT PROGRAM. - Summary of Low Income Housing Tax Credits

Wayne County Title Agency, Inc. 141 E. Liberty Street Wooster, OH Phone Fax

DELVA TOOL AND MACHINE TERMS AND CONDITIONS OF PURCHASE

State Housing Initiatives Partnership Audit - #769 Executive Summary

Eligible and Non-Eligible Structures

Section 13 City of Modesto Neighborhood Stabilization Program 3 Subrecipient Management Policies and Procedures

RESIDENTIAL MANAGEMENT AGREEMENT

This Escrow Agreement and Instructions, entered into this day of, 20, by and between

Affordable Housing Program Implementation Plan

TENNESSEE HOUSING DEVELOPMENT AGENCY 2012 MULTIFAMILY TAX-EXEMPT BOND AUTHORITY PROGRAM DESCRIPTION

BID/PROPOSAL # NT

LIHPRHA, Pub. L. No , Title VI (1990), codified at 12 U.S.C et seq.

BUILDINGS, LAND AND LAND IMPROVEMENTS

Manufactured Home on a Permanente Foundation System Building Permit Application Requirements

WEST BLOOMFIELD TOWNSHIP INVITATION TO BID. CDBG MINOR HOME REPAIR CONTRACT PROGRAM YEAR 2014 DEADLINE: Wednesday, September 24 th, 2014 at 2:00 p.m.

DEVELOPMENT SERVICES AGREEMENT

220 S.E. Green Street Lee s Summit, MO RFP # RE TITLE SIGNATURE PAGE REQUEST FOR PROPOSAL NO.RE

SALES CONTRACT. \\cclrc-dc1\usershares\droberts\deed_in_escrow Packet.doc Rev. 01/03/11

II. NEBRASKA INVESTMENT FINANCE AUTHORITY (NIFA) LOW INCOME HOUSING TAX CREDIT PROGRAM ALLOCATION PLAN

County of Kern HOME Program Housing Developer Pre-Application

Transcription:

CONSTRUCTION DISBURSEMENT GUIDE MHDC 2400 MISSOURI HOUSING DEVELOPMENT COMMISSION 3435 Broadway Boulevard Kansas City, Missouri 64111-2415 Page 1

Table of Contents Introduction 3 Failure to meet Time Frames 3 Identity of Interest 3 Submission Requirements 3 Construction Disbursement Forms 4 Application for Advance of Mortgage Proceeds 4 Disbursement Schedule 5 Contractor s Advance 5 Contractor s Prevailing Wage Certificate 5 Master Subcontractor s List 5 Request for Release of Escrow Funds 5 Supporting Documentation 6 Initial Draw Submission 6 Contractor s Fees and Retainage 6 Change Orders 7 Stored Materials 8 Construction Interest 8 Cut Off Dates 8 Exhibits 9 Page 2

Construction Disbursement The information contained in this document is intended to be used as a resource and form of instruction for the mortgagor/owner and the general contractor to request and process payment for construction loans administered by MHDC. All disbursements will be made in accordance with Capital Advance Agreement, Disbursing Agreement, Construction Contract, various escrow agreements; and other documents related to MHDC s multifamily housing loan programs and the low-income tax credit programs. The mortgagor/owner and the general contractor are responsible for providing MHDC with the appropriate designated forms and supporting documentation to ensure all disbursements are verifiable and legitimate. The utilization of MHDC forms will be required to process request for payments for any disbursements related to the MHDC developments. FAILURE TO MEET Failure to comply with the time frames and requirements established by this guide may result in the disapproval of the principals of the mortgagor entity or the general contractor from participating in future MHDC multifamily housing programs. IDENTITY OF INTEREST For purposes of this guide, Identity of Interest is any financial interests or family relationships which exist between the mortgagor/owner, officers, stockholders or general partners of the mortgagor, developer, sponsor; and the general contractor, a subcontractor, equipment lessor or material supplier. Submission Requirements The General Contractor is responsible for the submission of lien waivers in a timely manner to the Title Company in accordance with the Disbursing Agreement. MHDC may require copies of the lien waivers and supporting documentation for proof of payments. All documents submitted must have live signatures and must be completed in their entirety. Incomplete documents or documents without live signatures will be returned to the mortgagor for correction. The Owner/Mortgagor must submit an updated construction draw schedule with each draw request, reflecting the actual costs processed to-date with revised projections of future payment requests. The following Construction Disbursement forms should be used to request payments of MHDC funds and all other sources of funding for the expenses incurred for new construction or rehabilitation of any MHDC development. Page 3

CONSTRUCTION DISBURSEMENT FORMS a) Application for Advance of Mortgage Proceeds (MHDC Form 2420) b) Application and Certification for Payment (AIA Document G702) c) Continuation Sheet (AIA Document G703) d) Disbursement Schedule (MHDC Form 2430) e) Contractor s Advance (MHDC Form 2440) f) Contractor s Prevailing Wage Certificate (MHDC Form 2450) g) Request for Release of Escrow Funds (MHDC Form 2460) h) Master Subcontractor List (MHDC 2502) Application for Advance of Mortgage Proceeds (MHDC Form 2420) The MHDC disbursement process starts with the submission of the initial construction draw on the Application for Advancement of Mortgage Proceeds MHDC- form #2420. This form will be used to provide directions of payment for the Disbursing Agent identified in the MHDC Disbursing Agreement. The MHDC- form #2420 must include all pertinent MHDC development information associated with the request for payment. A minimum of two sets of the Application for Advancement of Mortgage Proceeds must be submitted and certified by the owner/mortgagor for each requested disbursement. The mortgagor must provide the designated payee in the appropriate payee column for each amount requested on the MHDC form #2420. Application and Certification for Payment (AIA Document G702-703) The Application and Certification for Payment is the AIA form used to request payment by General Contractor for work performed in accordance with the Construction contract signed by Owner and General Contractor. The G702 must contain the original amount of construction contract and any increase or decrease to the contract. Any changes to the construction must be in accordance with the approved Change Orders and should be submitted on the AIA document G701. The G702 must be submitted with the MHDC #2420 and contain certification from the Inspecting Architect and the General Contractor. The G702 must clearly identify the amount of funds being requested for the existing pay application. The G703 is a continuation of the G702 and should contain the list of individual trade categories utilized to perform the scope of work identified in the construction documents. Page 4

The individual trade categories and schedule of values must be identical to the amounts and categories contained on MHDC FIN 115. Disbursement Schedule (MHDC Form 2430) The disbursement schedule MHDC #2430 represents the scheduled of values agreed upon by MHDC and the Owner/mortgagor and must be identical to the amounts contained on MHDC 2013. The disbursement schedule will be used to track the expenditures related to the hard and soft cost of project. The MHDC #2430 must include the various types and amounts of funding sources for the entire construction period. Contractors Advance (MHDC Form 2440) The contractor s advance MHDC #2440 will be used to provide detail tracking of the information contained on the G702-703 submitted by the General Contractor. The General Contractor will be responsible for the submission of the required detailed documentation (invoices) for each amount requested on the G702-703, if required by MHDC. MHDC may require copies of the construction contracts signed by the General Contractor and the Subcontractor for any work being performed on construction site. The required construction contracts may also include contracts signed between second tier subcontractors. MHDC may also require the General Contractor to submit copies of each subcontract and monitor the monthly payments to the subcontractors. The Contractor Advance will allow the General Contractor to identify the individual subcontractors under each trade category. Contractors Prevailing Wage Certificate (MHDC Form 2450) The Contractor s Prevailing Wage Certificate MHDC #2450 is the form used to certify the work performed on the current Application for Certificate Payment G702-703) was made in accordance with the requirements of Prevailing Wage. The certification must be certified by the General Contractor and the Inspecting Architect. Master Subcontractor s List (MHDC Form 2502) The Master Subcontractor s List will be utilized to list all subcontractors and suppliers participating on the construction of the development. The General Contractor will be responsible for maintaining updated and accurate information on a monthly basis and should be included in the submission packet. Request for Release of Escrow Funds (MHDC Form 2460) The Request for Release of Escrows MHDC #2460 is the form used to request payment from a funded escrow. The escrows will be released in accordance with the Escrow Agreement signed by Owner/Mortgagor and must be submitted with the required supporting back up documentation. Supporting Documentation for amounts requested on the MHDC #2420 Page 5

All disbursement requests related to soft cost must include supporting documentation that clearly identifies: 1. The Vendor 2. The Amount 3. The Date of the Activity 4. The Project 5. The Type of Activity The mortgagor/owner must provide proof of payment and a copy of the invoice for any amount being requested for reimbursement. The initial disbursement application must be submitted five days prior to the date of initial closing for all construction loans. The following items must be included on the first draw or proof must be provided that the items have previously been paid: 1. All Insurance Invoices 2. The Invoice for Title & Disbursing 3. Building Permits 4. Letter of Credit The initial draw request must contain the following forms signed by the Mortgagor/Owner or General Contractor: a) Application for Advance of Mortgage Proceeds (MHDC Form 2420) b) Application and Certification for Payment (AIA Document G702) c) Continuation Sheet (AIA Document G703) d) Disbursement Schedule (MHDC Form 2430) e) Subcontractor List (MHDC Form 2502) The Monthly draws process is the same process for the initial draw with the addition of MHDC forms #2440 and #2450 and all required supporting backup documentation. The amount requested for hard construction disbursements must be approved by an MHDC designated inspector. Contractors Fees and Retainage The monthly construction amount requested for contractor s builder s profit, general requirements and overhead should not exceed the percentage of completion of development. Page 6

The Contractor Fees should never exceed the percentage of construction amount established on the MHDC 2013. MHDC will withhold 10 percent of the construction/ rehabilitation cost as retainage during the construction period. The retainage may be reduced at 50 percent completion to five percent of the construction if approved by Owner and MHDC. The remaining retainage will be released at project completion with the submission of the Contractor s Cost Certification and Letter of Credit for Latent Defects. Latent Defects Escrow- Contractor must establish escrow of 2.5 percent of Construction Contract. The escrow will be held for 15 months from the established cutoff date. Incomplete Work Escrow Must be established prior to the release of the final retainage and must be equal to 150 percent of the cost of the remaining work to be completed. Change Orders Any adjustments made to the previously approved Contractor s/mortgagor s Cost Breakdown Form (FIN115), the construction contract, or line items must be made by a Change Order AIA Document G701 2001 "Change Order." Please submit two Change Orders with original Signatures in blue ink, along with copies of drawings, specifications or other supporting documentation. Change Orders involving MHDC construction loans must be submitted with the draw on the AIA G701 form with the following original signatures: Inspecting Architect Owner Contractor Change Orders with Permanent MHDC Financing should also include supporting documentation. All Change Orders must be approved by the designated MHDC inspector and may require the submission of supporting documentation for MHDC review and approval. In addition all Change Orders must be submitted prior to final paid application to Contractor. Absolutely no work may commence relating a Change Order until the proper execution and approval of that particular Change Order. Any changes in the Line Items of the Schedule of Values as they appear on FIN 115 must also be accompanied by a properly executed Change Order (as indicated above) G701, showing how each and every Line Item will be changed if the change order is approved. Because this Change Order does not affect the total cost of the project, it is referred to as a "Zero Cost Change Order." This request may be submitted as a part of any other Change Order or as a standalone document, but it must be approved and executed by the required parties as with a Change Order for cost (increases/decrease) or time (increases/decreases). Page 7

Savings in line items after the final advance of mortgage proceeds is calculated will not be advanced to the mortgagor. At the discretion of MHDC, any savings in line items may result in a reduction of tax credits, the mortgage note amount or an increase in property reserves. HOME program regulations require any undisbursed funds be returned to HUD. Stored Materials Any construction items requiring storage must be approved in advance by MHDC staff prior to the purchase. The stored materials should be held on site in a secured trailer or bonded warehouse within a 50 mile radius from the site. The stored materials must have appropriate insurance coverage. Monthly Interest MHDC will calculate and issue a monthly interest billing statement for each funding source secured by MHDC mortgages. The statements will be based on the outstanding principal on a monthly basis and will be issued on the 20 th of each month. The interest rate will be based on the interest rate established on the Deed Trust Note. The monthly interest may be billed in advance depending on the timing of your monthly draws. All outstanding interest invoices must be paid in full prior to loan conversion. Cutoff Dates Date of Substantial Completion is the date certified by the architect and confirmed by MHDC s construction inspector of when the scope of work or a designated portion of work has been sufficiently completed, in accordance with construction contract and the drawing and specs. The date of Substantial Completion for the entire development establishes the start date of the warranty / latent defects period for the General Contractor. In addition, the date of Substantial Completion Certificate will establish the cutoff date for the Contractor s Cost Certification. The AIA document G704 is used to confirm the actual date and must be signed by all required parties. The Final Inspection Date is the date determined from the approval of the Owner, Architect and the MHDC representative of the completion of the final punch list items. All items must be completed to the satisfaction of Owner, Architect and MHDC representative. In addition any remaining items from the punch list must be identified and an incomplete work escrow established. The final inspection date should be the cutoff date for the Mortgagor s/tax Credit Cost Certifications. Page 8

Exhibits 1. Application for Advance of Mortgage Proceeds (MHDC #2420) 2. Application and Certification for Payment (AIA Document G702) 3. Continuation Sheet (AIA Document G703) 4. Disbursement Schedule (MHDC # 2430) 5. Contractor s Advance (MHDC # 2440) 6. Contractor s Prevailing Wage Certificate (MHDC # 2450) 7. Request for Release of Escrows Funds (MHDC # 2460) 8. Master Subcontractor List (MHDC # 2502) 9. Substantial Completion Certificate (AIA Document G704) 10. Change Order (AIA Document G701) Page 9