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Home My WebLink About2019-11-12 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 11/12/2019 ATTENDANCE: Present: Hons. Sias, Chairman; Clarke, Vice Chairman; Davis and B. Williams, members. Absent: Hon. Hardie Davis, Jr., Mayor. ADMINISTRATIVE SERVICES 1. The Engineering Department-Maintenance Division requests the purchase of one new Compact, All-Wheel Steer Loader at a cost of $68,038.50 from Bobcat of Augusta, GA. Bid Item 19-207 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner John Clarke Passes 2. The Utilities Department-Facilities Maintenance Division requests the purchase of one replacement truck, with a utility service body, at a cost of $105,764.00 from Nextran Truck Center, Macon, Georgia. Bid Item 19-260 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Mary Davis Passes 3. Motion to approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with no exceptions. (No recommendation from Engineering Services Item Action: Approved Committee October 29, 2019 - referred from November 5 Commission meeting) Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 4-0. Commissioner John Clarke Commissioner Mary Davis Passes 4. Discuss with CVB and Film Augusta and other film industry experts about 401 Walton Way importance to the filming industry. (Requested by Commissioner Brandon Garrett) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the full Commission with no recommendation. Mr. Clarke abstains. Motion Passes 3-0 -1. Commissioner Mary Davis Commissioner Bobby Williams Passes 5. Mr. Donald E. D'Antignac regarding employee pension benefits and other issues as stated on the attached AIRF. Item Action: None Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation was made by Mr. D'Antignac. 6. Motion to give the Administrator permission to approve and sign off on all Homebuyer Assistance Program (DPA, Homebuyer Subsidy, Employee Incentive, and Next Door program) funding requests from Housing and Community Development Department. These requests will provide downpayment assistance, closing cost and gap finance to individuals that purchases homes in Augusta, Georgia. This will provide residents within Augusta, Georgia to become a part of the American Dream. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 4-0. Commissioner John Clarke Commissioner Mary Davis Passes 7. Motion to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, specifically $3,700 in expenses from the Training line item to the Personnel line item in the Agreement. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner Bobby Williams Passes 8. Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with J. Lovett Homes & Construction for the reconstruction of driveway at 1246 Pine Street. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner Bobby Williams Passes 9. Motion to approve Housing and Community Development Department’s (HCD's) request to provide contract with Antioch Ministries to construct three (3) affordable, residential units on Perry Avenue (within Laney Walker Bethlehem) Warrick Dunn (WD) Communities. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner Bobby Williams 10. Motion to approve the minutes of the Administrative Services Committee held on October 29, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Mary Davis Commissioner Bobby Williams Passes www.augustaga.gov Administrative Services Committee Meeting 11/12/2019 1:05 PM Attendance 11/12/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: BID 19-207 Year 2019 2019 Make Bobcat Bobcat Model A770 A770 Base Price (5.00)$56,080.00 $83,500.00 Delivery Date 90 DAYS ARO 14 Weeks ARO Item # 9.01 Enclosed Cab $5,404.00 N/A Item # 11.01 Turf and Sand Tires $2,911.68 Included Item # 11.02 Root Grapple Attachment $2,887.12 Included Item # 11.03 Backup Alarm $126.17 Included Item # 11.04 Fire Extinguisher $120.15 Included Item # 11.05 Extra User's Manual $93.75 Included Item # 11.06 Parts Manual $125.00 Included Item # 11.07 Maintenance Manual $140.63 Included Item # 11.08 Initial Instruction Included Included Item # 11.09 Extra Set of Keys Included Included Item # 11.10 Delivery Charge $150.00 Included TOTALS:$68,038.50 $83,500.00 FOR ALL DEPARTMENTS-COMPACT ALL WHEEL STEER LOADER - ENGINEERING MAINTENANCE- BID OPENING 4/26/19 @ 11:00 Technology International, Lake Mary, FL Specialty Item Description Bobcat of Augusta, GA Invitation to Bid Sealed bids will be received at this office until Friday, April 26, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-207 2019/2020 Compact All Wheel Steer Loader Bid Item #19-209 2019/2020 Truck 3100 GVW Enclosed Service Body Bid Item #19-213 2019/2020 Landscape Truck Bid Item #19-216 2019/2020 Flatbed Dump Truck 26000 GVWR Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, April 12, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle March 21, 28, April 4, 11, 2019 Metro Courier March 21, 2019 OFFICIAL VENDORS UNITED RENTALS 2425 MIKE PADGETT HWY AUGUSTA, GA 30906 DITCH WITCH OF GEORGIA 5430 GA HIGHWAY 85 FOREST PARK, GA 30297 BOBCAT OF AUGUSTA 2803 WYLDS ROAD AUGUSTA, GA 30909 TECHNOLOGY INTERNATIONAL, INC 1349 S. INTERNATIONAL PKWY LAKE MARY, FL 32746 Attachment B NO BID NO BID Yes Yes E-Verify Number 705362 Affidavit SAVE Form Yes Yes 11.01 Turf and Sand Tires $2,911.68 Included 11.02 Quick Connect Root Grapple Attachment $2,887.12 $4,080.00 11.03 Backup alarm $126.17 Included 11.04 Fire extinguisher $120.15 $550.00 11.05 Extra User’s Manual (2 EA Total) $93.75 Included 11.06 Parts Manual 1 EA (If applicable) $125.00 Included 11.07 Maintenance Manual 1 EA (If applicable) $140.63 Included 11.08 Technical services Included Included 11.09 Keys Included Included 11.10 Delivery Charge $150.00 Included Enclosed Cab $5,404.00 Unit Price $56,080.00 $83,500.00 Year 2019 2019 Make BOBCAT Bobcat Model A770 A770 Approximate Delivery Time 90 Days ARO 14 Weeks ARO 2019/2020 Compact All-Wheel Steer Loader Bid Opening Item #19-207 2019/2020 Compact All Wheel Steer Loader for Augusta, Georgia- Central Services Department-Fleet Maintenance Division Bid Due: Friday, April 26, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 30 Georgia Procurement Registry: 223 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 2 Total Non-Compliant: 0 11.00 Specialty Items Enclosed Cab Page 1 of 1 Administrative Services Committee Meeting 11/12/2019 1:05 PM 2019 - Engineering-Maintenance Bobcat Department:Central Services Department - Fleet Management Division Presenter:Ron Crowden Caption:The Engineering Department-Maintenance Division requests the purchase of one new Compact, All-Wheel Steer Loader at a cost of $68,038.50 from Bobcat of Augusta, GA. Bid Item 19-207 Background:The steer loader will support tree removal operations. It allows for a tight turning radius, compact transportability and the functionality necessary to perform tree removal tasks. The bid tab sheet for Bid 19-207: Compact All-Wheel Steer Loader is attached for your review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Compact All-Wheel Steer Loader. Invitations to bid were sent to twenty-two (22) vendors to include seven (7) qualified local vendors. The vendor, Bobcat of Augusta, from Augusta, GA was able to offer the requested product with necessary specifications at the lowest price. Bid 19- 207: Compact All-Wheel Steer Loader: 2019 Bobcat A770 – Bobcat of Augusta: $68.038.50 (Augusta, GA); 2019 Bobcat A770 – Technology International, Inc: $83,500.00 (Lake Mary, FL) Financial Impact:One (1) – 2019 Bobcat A770 Compact All-Wheel Steer Loader @ $68,038.50 each. The equipment will be purchased with capital funds (ACCT# 272-01-6440/54-21110). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one – 2019 Bobcat A770 Compact All- Wheel Steer Loader at a cost of $68,038.50 from Bobcat of Augusta, GA for the Engineering Department-Maintenance Division Funds are Available in the Following Accounts: ACCT# 272-01-6440/54-21110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, July 26, 2019 @ 11:00 a.m. for furnishing for: Central Services Department – Fleet Maintenance Bid Item # 19-258 2019/2020 Dump Truck Bid Item # 19-260 2019/2020 Utility Truck 31,000 GVWR Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to the office of the Procurement Department by Friday, July 12, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 20, 27, July 4, 11, 2019 Metro Courier June 20, 2019 Administrative Services Committee Meeting 11/12/2019 1:05 PM 2019 - Utilities-Facilities Maintenance F750 Department:Central Services Department - Fleet Management Division Presenter:Ron Crowden Caption:The Utilities Department-Facilities Maintenance Division requests the purchase of one replacement truck, with a utility service body, at a cost of $105,764.00 from Nextran Truck Center, Macon, Georgia. Bid Item 19-260 Background:The Utilities Department-Facilities Maintenance Division is requesting to replace a 2002 Ford F-450 with a newer truck. The vehicle being replaced, asset # F02059, was a Ford F-450, with a service body, that was initially acquired in 2002 at a cost of $41,054. The vehicle was disposed of and sold on the GovDeals.com after the transmission failed on the vehicle in February 2019. The cost to repair the truck exceeded the value of the truck. An evaluation of the truck is attached for review. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Truck, Utility Service Body 31,000 GVWR. Invitations to bid were sent to twenty-seven (27) vendors to include four (4) qualified local vendors. The vendor, Nextran Truck Center, from Macon, GA was able to offer the requested product with necessary specifications at the lowest price. Bid 19-260: Truck, Utility Service Body 31,000 GVWR: 2019 Ford F750 – Nextran Truck Center: $105,764.00 (Macon, GA); 2020 Hino 338 – CSRA Fleetcare: $108,658.00 (Augusta, GA); 2020 Freightliner MZ106 – Freightliner of Augusta: $115,500.00 (Augusta, GA); 2019 Ford F750 – Alan Jay Fleet Sales: $115,070.00 (Sebring, FL) Financial Impact:One (1) – 2019 Ford F750 Truck, Utility Service Body 31,000 GVWR for $105,764.00 each. The equipment will be purchased with capital funds (ACCT# 506-04-3580/54.22210). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one – 2019 Ford F750 Truck, Utility Service Body for the Utilities-Facilities Maintenance Division. Funds are Available in the Following Accounts: ACCT# 506-04-3580/54-22210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Friday, May 17, 2019 @ 11:00 a.m. for furnishing for: Bid Item #19-226 Waste Handler – Dozer for Augusta, GA – Environmental Services Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, May 3, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 11, 18, 25, May 2, 2019 Metro Courier April 11, 2019 OFFICIAL Page 1 of 1 VENDORS YANCEY BROTHERS 4165 MIKE PADGETT HWY AUGUSTA, GA 30906 FLINT EQUIPMENT CO 1206 BLAYLOCK STREET ALBANY, GA 31705 UNITED RENTAL 2425 MIKE PADGETT HWY AUGUSTA, GA 30906 Attachment B Yes Yes No Bid E-Verify Number 686717 344722 SAVE Form Yes Yes Year 2019 2019 Brand Caterpillar John Deere Model D8T WH 1050K Bid Price $899,900.00 $793,383.00 Approximate Delivery Time 19-20 Weeks ARO 90-120 Days ARO Exceptions Noted Yes Carlson GPS System $50,550.00 $47,205.00 Bid Opening Item #19-226 Waste Handler-Dozer for Augusta, Georgia-Environmental Services Department Bid Due: Friday, May 17, 2019 @ 11:00 a.m. Waste Handler-Dozer Total Number Specifications Mailed Out: 22 Total Number Specifications Download (Demandstar): 0 Total Electronic Notifications (Demandstar): 21 Georgia Procurement Registry: 647 Mandatory Pre-Bid/Telephone Conference: N/A Total packages submitted: 2 Total Non-Compliant: 0 Optional Equipment Administrative Services Committee Meeting 11/12/2019 1:05 PM Approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-226, from Yancey Brothers as the compliant bidder with no exceptions Department:Environmental Services Presenter: Caption:Motion to approve the purchase of Caterpillar model D-8T WH/W GPS Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with no exceptions. (No recommendation from Engineering Services Committee October 29, 2019 - referred from November 5 Commission meeting) Background:Over the years, the Environmental Services Department (ESD) has operated a variety of sizes and types of dozers. We have used large dozers that are designed for high volume operations. We have also used mid-sized dozers designed for medium and lower sized operations. Currently, the ESD operates with three mid-sized dozers. They operate on the working face of the landfill. They were bought as a package deal in 2014. They were purchased due to the cost and operational effectiveness three mid-sized dozers would give us at that time. The three dozers currently operating are reaching their normal life expectancy. It is now time to examine all options to effectively replace this equipment. Upon examining landfill operations over the past year, it has become apparent we need to move to operating large dozers in order to maintain our current operations. The volume of trash received has increased in recent years to a point where a mid-size dozer in no longer adequate. In addition, equipment breakdowns based on the effects of the lower undercarriage of the mid-size dozer and the need to seek replacement rental equipment have accentuated this move. The ESD is proposing a two-stage transition process in order to address this need. Over a two-year period, two larger dozers will replace the current three mid-sized dozers. A large dozer will be purchased in FY 2019 followed by another purchase in FY 2020. The ESD in conjunction with the Procurement Department released bid #19-266 in an effort to procure a large dozer. There were two responsive bidders to the solicitation. The initial low bidder was Flint Equipment with a John Deere 1050 K. This bid did not meet several specifications as set forth in the bid. (See attached award memo.) Therefore, it was determined that the bid was not compliant with the requested specifications. The ESD recommends we accept the Yancey Brothers bid of a Caterpillar D-8T WH/W GPS. It was the second lowest bid. It meets the requirements set forth in the bid specifications. Analysis:The daily cover needs of the landfill necessitate the phasing out of the three mid-sized 2014 John Deere 850 K dozers. We are proposing a two-stage transition process. We are moving forward with the purchase of an initial large dozer. We are proposing the purchase of a Caterpillar D-8T. Next year we will implement the 2nd stage with the purchase of an additional large dozer. The three existing John Deere 850 K’s will be sold on government deals to help offset the purchase costs. A further cost saving benefit of this transition will be the inclusion of a GPS system in each new large dozer. This will allow us to achieve additional cost effectiveness through advanced location capabilities. It will also improve communication with the compactor. This will help us achieve better compaction of the cell. This in turn will lead to less need for additional airspace. Financial Impact:The purchase price of the Caterpillar D-8T dozer is $950,450.00 with the GPS system installed prior to onsite delivery. Alternatives:1. Approve the purchase of the Caterpillar D-8T WH/W GPS. 2. Do not approve. Recommendation:Approve the purchase of the Caterpillar D-8T WH/W GPS. Funds are Available in the Following Accounts: Funds are available in 541-04-4210 / 54.22510 REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 11/12/2019 1:05 PM Discuss 401 Walton Way Department: Presenter:Commissiomer Brandon Garrett Caption:Discuss with CVB and Film Augusta and other film industry experts about 401 Walton Way importance to the filming industry. (Requested by Commissioner Brandon Garrett) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Nov 6,2019 4:44PM AGENDA ITEM REQUEST FORM commission meetings: First and third ruesdays of each month - 2;00 p.m. committee meetings: second and last Tuesdays of each month - l:00 p,m. commission/committee: (Please check one and insert meeting date) N0,3536 P, 1 Commission Public Safety Committee Public Servioos Committee Administativo Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting Date of Meeting contact Information for rndividuaupresenter Making the Request: Name: Address: Telephone Number: Fax Nr:mber: 'lob' 83>- io'(3 E-Mail Address: d )i Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commissiou Room 806 Municipal Building 530 Greene Street Augusta, GA 30901 Telephoue Number: 7 06-VZl-1820 Fax Numberr 706-821-1838 E-Mail Address: nmortwski@augustaga.gov Requests may be faxed, e-mailed or delivered iu person and must be received in the ClerkrsOflice no_later thau 9;00 a.m. on the Thursday preceding the Commission ueeting and 9:00a.m- otr the Thursday preceding the Committee mecting of the following *r.k. A five-minute tiue limit will be allowed for preseutations. Administrative Services Committee Meeting 11/12/2019 1:05 PM Donald D'Antignac Department: Presenter:Mr. Donald E. D'Antignac Caption:Mr. Donald E. D'Antignac regarding employee pension benefits and other issues as stated on the attached AIRF. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Contract Agreement Process Timeline Process Duration Start Finish Application Submitted via Neighborly 1 day 10/1/2019 10/1/2019 HCD staff reviews application for eligibility, inspects property for compliance, interview applicant and signs agreement 2 weeks 10/2/2019 10/11/2019 Depending upon the availability of potential homebuyer and outcome of inspection HCD submits request for funding through Novus Agenda approval process 3 weeks 10/14/2019 11/1/2019 Varies due to Agenda submission dates. Commission Approval 1 day 11/5/2019 11/5/2019 Approval Letter from Administrator's Office 1 week 11/5/2019 11/12/2019 Process of Agreement Signing Finance 3 days 11/18/2019 11/21/2019 Law Office 2-3 days 11/27/2019 12/3/2019 Varies depending Attorney's schedule Administrator's 2 days 12/6/2019 12/9/2019 Mayor's Office 7 days 12/10/2019 12/20/2019 Clerk's Office 2-3 days 12/23/2019 12/27/2019 Return to HCD 12/30/2019 12/30/2019 Total 61 days Administrative Services Committee Meeting 11/12/2019 1:05 PM HCD _ Homebuyer Assistance Agreement Process Request Department:HCD Presenter:Hawthorne Welcher Jr. and/or HCD Staff Caption:Motion to give the Administrator permission to approve and sign off on all Homebuyer Assistance Program (DPA, Homebuyer Subsidy, Employee Incentive, and Next Door program) funding requests from Housing and Community Development Department. These requests will provide downpayment assistance, closing cost and gap finance to individuals that purchases homes in Augusta, Georgia. This will provide residents within Augusta, Georgia to become a part of the American Dream. Background:The City of Augusta’s Homebuyer Assistance Programs are provided as a loan in the form of a second mortgage. This financial assistance is combined with a primary loan (first mortgage loan) from a participating lending institution and enables a qualified first-time home buyer to become a homeowner. The buyer must be a first-time home buyer and the home must become the buyer’s primary residence. The program is funded by The Department of Housing and Urban Development (HUD) and administered by Augusta’s Housing and Community Development Department (HCD). The program promotes neighborhood stability by assisting with the gap financing toward the purchase price and closing costs for homes located within the city limits of Augusta and in conjunction with local Community Housing Development Organizations (CHDOs). There has been a significant decrease in the usage of these programs since the new contract process began in October 2018, HCD processed 36 DPAs, 5 Homebuyer Subsidies, and 2 Employee Incentives. Thus far in 2019, HCD has processed 10 DPAs and 4 Homebuyer Subsidies. The reasoning for the decrease in numbers is because potential homebuyers, lenders and realtors are not utilizing the program due to the length of time it takes to complete the process. Once the application is received in the Neighborly portal it takes approximately sixty (60) days to go through the current contract process. The homebuyer normally have thirty (30) days from the time of submission to the sale of the property. Several homebuyers have lost the opportunity to become a homeowner because they could not get the funds in a timely manner. Analysis:If authorization is given to the Administration to approve and execute (via signature) all Homebuyer Assistance Applications, this will ease the burden for potential homebuyers and will also have a positive impact on the community by increasing the tax base for Augusta, Georgia Financial Impact:The City receives funding from the US Housing and Urban Development Department (HUD) on an annual basis and allocates HOME funds to assist potential homebuyers with downpayment assistance, closing cost and gap financing. There is also funding allocated within the Laney Walker Bethlehem Bond funds to assist with homeownership. Alternatives:Do not approve Subsidy’s Agreement. Recommendation:Motion to give the Administrator permission to approve and sign off on all Homebuyer Assistance Program (DPA, Homebuyer Subsidy, Employee Incentive, and Next Door program) funding requests from Housing and Community Development Department. These requests will provide downpayment assistance, closing cost and gap finance to individuals that purchases homes in Augusta, Georgia. This will provide residents within Augusta, Georgia to become a part of the American Dream. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: HOME Investment Partnership Grant (HOME) The org keys involved now and future years are 221073212-5211119 and/or 221073212-5225110. and Laney Walker Bethlehem Bond funds. 298077340-5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 11/12/2019 1:05 PM HCD_ Boys and Girls Club: 2018 CDBG Grant Amendment Request Department:HCD Presenter:Hawthorne Welcher Jr. and/or HCD Staff Caption:Motion to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, specifically $3,700 in expenses from the Training line item to the Personnel line item in the Agreement. Background:Each year, Augusta, Georgia receives a direct allocation of funds for the Community Development Block Grant (CDBG) from the U.S. Department of Housing and Urban Development (HUD). Subsequently, Augusta Housing and Community Development (HCD) solicits applications for funding under the CDBG grant from local non-profits to administer Public Service programs and recommends eligible applicants to the Augusta, Georgia Commission as part of the Annual Action Plan to provide services to low and low to moderate income residents of Augusta, Georgia. Occasionally, these non-profit sub recipients experience obstacles in expending funds in a timely manner and may require an amendment to their contract agreement with Augusta, Georgia to ensure they are able to meet the regulatory requirements of expenditure eligibility in a timely manner. This sub recipient, Boys and Girls Club of the CSRA – Heritage Academy site, deemed it more beneficial to their agency budget to allocate funds for staffing needs in support of their program. Thus, the agency is requesting to amend their agreement to support economic development through employment compensation for program staff supporting the activities covered under the terms of their Agreement. Boys and Girls Club is requesting to move funds allocated under the agreement in the amount of $3,700 from the Training line item to the Personnel line item to facilitate the timely expenditure of these funds in compliance with HUD requirements. This request does not represent a change in the overall contract amount. Analysis:Approval of amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, to move $3,700 in expenses from the Training line item to the Personnel line item, will allow the Boys and Girls Club of the CSRA to expend funds in an timely manner in compliance with the applicable regulations for Public Service costs under the HUD-funded CDBG program for youth services provided within Augusta-Richmond County. Financial Impact:The requested amendment represents a reallocation of existing budget across line item categories. The amendment requests to move $3,700 in expenses from the 2018 CDBG Agreement with Boys and Girls Club of the CSRA– Heritage Academy site from the Training line item into the Personnel line item. This request does not represent a change in the overall contract amount. Alternatives:Deny HCD’s request to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and Boys and Girls Club of the CSRA – Heritage Academy to move $3,700 in expenses from the Training line item into Personnel costs. Recommendation:Motion to authorize amending the 2018 Community Development Block Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Club of the CSRA – Heritage Academy site, specifically $3,700 in expenses from the Training line item to the Personnel line item in the Agreement. Funds are Available in the Following Accounts: Housing and Urban Development (HUD) Funds: Community Development Block Grant (CDBG). Org key and object code: 221073211-5211119 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission NEW CONCRETE 1246 Pine Street—Driveway Reconfiguration Administrative Services Committee Meeting 11/12/2019 1:05 PM HCD_ Laney Walker/Bethlehem Driveway Reconstruction Request Department:HCD Presenter:Hawthorne Welcher Jr. and/or HCD Staff Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with J. Lovett Homes & Construction for the reconstruction of driveway at 1246 Pine Street. Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves reconstruction of a driveway at 1246 Pine Street. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department’s Laney Walker Bethlehem Project funding will fund this contract. Contract Amount 1246 Pine Street $6,250.00 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with J. Lovett Homes & Construction for the reconstruction of driveway at 1246 Pine Street. Laney Walker/Bethlehem Revitalization Project funds Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES, INC. in the amount of $73,435.29 USD Seventy-Three Thousand, Four-Hundred and Thirty-Five Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1216 Perry Avenue THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, 2nd Floor, Augusta, Georgia 30901, as party of the first part, and Antioch Ministries, Inc., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES, INC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES, INC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, ANTIOCH MINISTRIES, INC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 2 WHEREAS, ANTIOCH MINISTRIES, INC. has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES, INC. has requested and Augusta has approved a total of $73,435.29 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: ANTIOCH MINISTRIES, INC. agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 1216 Perry Avenue. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES, INC. is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES, INC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $69,435.29. 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1216 Perry Avenue as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 3 \ 2. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES, INC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1216 Perry Avenue. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1216 Perry Avenue. 3. Developer’s Fee An amount not to exceed $4,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1216 Perry Avenue. C. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES, INC. shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES, INC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES, INC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES, INC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, INC., may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 4 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES, INC. and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES, INC. shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES, INC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES, INC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES, INC. and AHCD shall share in the cost and proceeds of developing the residence at 1216 Perry Avenue as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES, INC. and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES, INC. and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1216 Perry Avenue. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES, INC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES, INC. shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 5 approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1216 Perry Avenue. Liquidated Damages ANTIOCH MINISTRIES, INC. agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES, INC.. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES, INC.. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES, INC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 1216 Perry Avenue as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES, INC. shall be paid a total consideration of no more than $4,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES, INC.. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES, INC.. ANTIOCH MINISTRIES, INC. shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 6 ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES, INC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, INC., or any subcontractor hereunder. B. ANTIOCH MINISTRIES, INC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES, INC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES, INC. for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES, INC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES, INC.. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 1216 Perry Avenue, AHCD is to provide ANTIOCH MINISTRIES, INC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 7 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES, INC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES, INC.. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES, INC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES, INC.. In such instances, ANTIOCH MINISTRIES, INC. shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES, INC.. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES, INC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES, INC.’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES, INC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 8 C. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES, INC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES, INC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES, INC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES, INC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES, INC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES, INC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES, INC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES, INC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES, INC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES, INC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES, INC. agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES, INC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES, INC. agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 10 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES, INC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES, INC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES, INC. will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES, INC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES, INC. has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES, INC. with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES, INC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 11 shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES, INC. or any subcontractor of ANTIOCH MINISTRIES, INC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES, INC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES, INC. cures any breach of the Agreement. If ANTIOCH MINISTRIES, INC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES, INC. will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES, INC. shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES, INC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES, INC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES, INC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this contract. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 12 ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street, 2nd Floor Augusta, Georgia 30901 ANTIOCH MINISTRIES, INC. will receive all notices at the address indicated below: Antioch Ministries, Inc. ATTN: Mr. Scylance Scott 1378 Laney Walker Boulevard Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES, INC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES, INC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 13 ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES, INC. beyond the term of this Agreement. ANTIOCH MINISTRIES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES, INC. for the purpose of securing business and that ANTIOCH MINISTRIES, INC. has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Antioch Ministries, Inc. By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch Ministries, Inc. LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch Ministries, Inc. LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch Ministries, Inc. LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch Ministries, Inc. LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch Ministries, Inc. LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch Ministries, Inc. LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch Ministries, Inc., LLC. Owner Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES, INC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES, INC. in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES, INC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES, INC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to Augusta Housing & Community Development Department 1216 Perry Avenue Contract Page 23 the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES, INC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES, INC. must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES, INC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES, INC. in the amount of $71,862.32USD Seventy-One Thousand, Four-Hundred and Thirty-Five Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1220 Perry Avenue THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Antioch Ministries, Inc., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES, INC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES, INC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, ANTIOCH MINISTRIES, INC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 2 WHEREAS, ANTIOCH MINISTRIES, INC. has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES, INC. has requested and Augusta has approved a total of $71,862.32 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: ANTIOCH MINISTRIES, INC. agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 1220 Perry Avenue. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES, INC. is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES, INC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $67,435.29. 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1220 Perry Avenue as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 3 \ 2. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES, INC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1220 Perry Avenue. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1220 Perry Avenue. 3. Developer’s Fee An amount not to exceed $4,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1220 Perry Avenue. C. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES, INC. shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES, INC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES, INC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES, INC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, INC., may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 4 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES, INC. and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES, INC. shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES, INC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES, INC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES, INC. and AHCD shall share in the cost and proceeds of developing the residence at 1220 Perry Avenue as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES, INC. and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES, INC. and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1220 Perry Avenue. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES, INC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES, INC. shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 5 approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1220 Perry Avenue. Liquidated Damages ANTIOCH MINISTRIES, INC. agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES, INC.. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES, INC.. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES, INC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 1220 Perry Avenue as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES, INC. shall be paid a total consideration of no more than $4,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES, INC.. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES, INC.. ANTIOCH MINISTRIES, INC. shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 6 ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES, INC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, INC., or any subcontractor hereunder. B. ANTIOCH MINISTRIES, INC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES, INC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES, INC. for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES, INC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES, INC.. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 1220 Perry Avenue, AHCD is to provide ANTIOCH MINISTRIES, INC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 7 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES, INC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES, INC.. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES, INC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES, INC.. In such instances, ANTIOCH MINISTRIES, INC. shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES, INC.. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES, INC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES, INC.’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES, INC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 8 C. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES, INC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES, INC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES, INC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES, INC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES, INC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES, INC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES, INC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES, INC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES, INC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES, INC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES, INC. agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES, INC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES, INC. agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 10 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES, INC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES, INC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES, INC. will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES, INC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES, INC. has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES, INC. with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES, INC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 11 shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES, INC. or any subcontractor of ANTIOCH MINISTRIES, INC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES, INC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES, INC. cures any breach of the Agreement. If ANTIOCH MINISTRIES, INC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES, INC. will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES, INC. shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES, INC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES, INC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES, INC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this contract. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 12 ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 ANTIOCH MINISTRIES, INC. will receive all notices at the address indicated below: Antioch Ministries, Inc. ATTN: Mr. Scylance Scott 1378 Laney Walker Boulevard Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES, INC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES, INC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 13 ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES, INC. beyond the term of this Agreement. ANTIOCH MINISTRIES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES, INC. for the purpose of securing business and that ANTIOCH MINISTRIES, INC. has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Antioch Ministries, Inc. By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch Ministries, Inc. LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch Ministries, Inc. LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch Ministries, Inc. LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch Ministries, Inc. LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch Ministries, Inc. LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch Ministries, Inc. LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch Ministries, Inc., LLC. Owner Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES, INC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES, INC. in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES, INC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES, INC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to Augusta Housing & Community Development Department 1220 Perry Avenue Contract Page 23 the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES, INC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES, INC. must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES, INC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES, INC. in the amount of $71,862.32USD Seventy-One Thousand, Four-Hundred and Thirty-Five Dollars and 45/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1222 Perry Avenue THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Antioch Ministries, Inc., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES, INC.” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES, INC. for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, this activity has been determined to be an eligible activity in accordance with 24 CFR 92.504(c)(13) and will meet one or more of the national objectives and criteria outlined in Title 24 Code of Federal Regulations, Part 92 of the Housing and Urban Development regulations; and WHEREAS, ANTIOCH MINISTRIES, INC. has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 2 WHEREAS, ANTIOCH MINISTRIES, INC. has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES, INC. has requested and Augusta has approved a total of $71,862.32 in funding to perform eligible activities as described in Article I; below: NOW, THEREFORE, the parties of this Agreement for the consideration set forth below, do here and now agree to the following terms and conditions: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: ANTIOCH MINISTRIES, INC. agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of new single family housing units along Pine Street. Under this Agreement: Perform new construction services for one (1) single family detached homes identified as property number 1222 Perry Avenue. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include: • Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES, INC. is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES, INC. for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $67,435.29. 1. Construction An amount not to exceed sixteen percent (16%) of the actual construction costs, only including materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1222 Perry Avenue as part of the Heritage Pine Street Project. The design and specifications of the property shall be approved by AHCD prior to construction (see Appendix). Funds will be used to assist with the cost of all construction related fees. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 3 \ 2. Profit An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES, INC. for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1222 Perry Avenue. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1222 Perry Avenue. 3. Developer’s Fee An amount not to exceed $4,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1222 Perry Avenue. C. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES, INC. shall conduct project development activities and related services in its project area Laney Walker Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES, INC. will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES, INC. shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES, INC. will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, INC., may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 4 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES, INC. and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES, INC. shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES, INC. will include documentation showing proof of completion of work in accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES, INC.’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES, INC. and AHCD shall share in the cost and proceeds of developing the residence at 1222 Perry Avenue as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES, INC. and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES, INC. and AHCD determine that all AHCD punchlist items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES, INC. for construction costs related to the development of one single family detached home identified as 1222 Perry Avenue. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES, INC. in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES, INC. shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 5 approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1222 Perry Avenue. Liquidated Damages ANTIOCH MINISTRIES, INC. agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES, INC.. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES, INC.. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES, INC. is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage based costs related to the development of one single family detached home identified as 1222 Perry Avenue as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES, INC. shall be paid a total consideration of no more than $4,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES, INC.. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES, INC.. ANTIOCH MINISTRIES, INC. shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 6 ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES, INC. (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, INC., or any subcontractor hereunder. B. ANTIOCH MINISTRIES, INC. shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES, INC.’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES, INC. for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES, INC. shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES, INC.. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single family home at 1222 Perry Avenue, AHCD is to provide ANTIOCH MINISTRIES, INC. with any outstanding payments on approved invoices and related costs received within ten (10) business days. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 7 ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES, INC. agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES, INC.. No person described above who exercises, may exercise or has exercised any functions or responsibilities with respect to the activities supported under this contract; or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES, INC. in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES, INC.. In such instances, ANTIOCH MINISTRIES, INC. shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES, INC.. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES, INC. agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES, INC.’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES, INC. agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 8 C. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES, INC. agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES, INC. agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES, INC. agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES, INC. agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES, INC. will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES, INC. will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay-off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 9 J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES, INC. agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES, INC. agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES, INC. agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES, INC. for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta, Georgia in making the project possible. The words "Augusta Georgia Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES, INC. shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES, INC. agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES, INC. shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES, INC. agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES, INC. agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 10 Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES, INC. agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES, INC. agrees to comply with the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR part 146 and the prohibitions against otherwise qualified individuals with handicaps under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES, INC. will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES, INC. will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES, INC. will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES, INC. has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES, INC. with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES, INC. is required by state and local laws, to dispose of all site debris, trash, and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 11 shall provide evidence of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES, INC. or any subcontractor of ANTIOCH MINISTRIES, INC. or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES, INC. materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES, INC. cures any breach of the Agreement. If ANTIOCH MINISTRIES, INC. fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES, INC. will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES, INC. shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES, INC. for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES, INC. for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES, INC. shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES, INC. under this contract. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 12 ARTICLE XI. NOTICES Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice. Augusta will receive all notices at the address indicated below: Office of the Administrator ATTN: Jarvis Sims, Interim City Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 ANTIOCH MINISTRIES, INC. will receive all notices at the address indicated below: Antioch Ministries, Inc. ATTN: Mr. Scylance Scott 1378 Laney Walker Boulevard Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES, INC. will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES, INC. specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 13 ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES, INC. beyond the term of this Agreement. ANTIOCH MINISTRIES, INC. warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES, INC. for the purpose of securing business and that ANTIOCH MINISTRIES, INC. has not received any non-Augusta fee related to this Agreement without the prior written consent of Augusta. For breach or violation of this warranty, Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement prices of consideration the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XIV. LEGAL PROVISIONS DEEMED INCLUDED Each and every provision of any law or regulations and clause required by law or regulation to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein and if, through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party this Agreement shall forthwith be amended to make such insertion. ARTICLE XV. DISCLAIMER Any and all language in this Agreement pertaining to HUD regulations and/or the utilizations of HOME funding is deemed voidable when utilizing Laney Walker Bond funds in its entirety. However, if there are any federal funds utilized by this project, including Homebuyer Subsidy funds, this Agreement will be enforceable in its entirety. ARTICLE XVI. COUNTERPARTS This Agreement is executed in two (2) counterparts – each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form By (please initial here): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis Sims, as its Interim CityAdministrator Date:_____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: Antioch Ministries, Inc. By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch Ministries, Inc. LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch Ministries, Inc. LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch Ministries, Inc. LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch Ministries, Inc. LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch Ministries, Inc. LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch Ministries, Inc. LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch Ministries, Inc., LLC. Owner Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES, INC. MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES, INC. in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES, INC. may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES, INC. in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, AHCD shall extend the contract time by a period commensurate with the period of authorized delay to Augusta Housing & Community Development Department 1222 Perry Avenue Contract Page 23 the completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES, INC. will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES, INC. must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES, INC. must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. Administrative Services Committee Meeting 11/12/2019 1:05 PM HCD_ Laney Walker/Bethlehem New Construction Homes (3) Request Department:hcd Presenter:Hawthorne Welcher Jr. and/or HCD Staff Caption:Motion to approve Housing and Community Development Department’s (HCD's) request to provide contract with Antioch Ministries to construct three (3) affordable, residential units on Perry Avenue (within Laney Walker Bethlehem) Warrick Dunn (WD) Communities. Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves construction of three (3) new residential units on Perry Avenue within Laney Walker / Bethlehem. Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:Augusta Housing and Community Development Department receives annual allocations from Laney Walker Bethlehem Project funding will fund this contract. 1. Contract Amount 1216 Perry Avenue - $73,435.29 2. Contract Amount 1220 Perry Avenue - $71,862.32 3. Contract Amount 1222 Perry Avenue - $71,862.32 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide contract with Antioch Ministries to construct three (3) affordable, residential units on Perry Avenue (within Laney Walker Bethlehem) Warrick Dunn (WD) Communities. Funds are Available in the Following Accounts: Laney Walker/Bethlehem Revitalization Project funds. 298077343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting Commission Chamber - L0129120L9 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Sias, Chairman; Davis and B. Williams, members. ADMINISTRATIVE SERVICES 1. The Fire Department requests the purchase Fire Department vehicle maintenance truck Bureau.. Chairman; Clarke, Vice of two pickup trucks; one for the Item and one for the Fire Prevention Action: Approved Motions Motion - ----- Motion Text'l ype Motion to Approve approve. Motion Passes 4-0. Made By Seconded By Motion Result Commissioner Commissioner Bobby williams Mary Davis Passes 2. The Planning and Development Department requests the purchase of five Item pickup trucks, at a cost of $l17,825.00, from Gerald Jones Ford. Action: Approved Motions Motion Motion Textr ype Motion to approve the purchase of the vehicles and ask Mr. Crowden to bring back a report on the Approve status of the Ford Rangers currently still in service. Mr. Clarke votes No. Ms. Davis out. Motion Fails 2-1. Made By Commissioner Bobby Williams Seconded By #r|il Commissioner^ ----.-- -:: --- FailsJammle slas Motions Motion- ----- Motion TextI ype Motion to approve ^ ___^-.^ reconsidering thisADDTOVCr r ttem. Motion Passes 4-0. Made By Seconded By Made By Commissioner Bobby Williams Motion Result Motion Result Passes Motion Result Passes Commissioner Commissioner Mary Davis Bobby williams Passes 3. The Utilities Department-Construction Division requests the purchase of two Item non-CDL style dump trucks at a cost of $76,750 each using the Department's Action: enterprise capital outlay. CSRA Fleetcare dba Matthew Motors - Bid 19-258 Approved Motions Motion Motion Text'r ype Motion to approve the purchase of the trucks only and to come back to ^ the Commission in 30ADDTOVE"rr'-' - days with a report regarding the status of the Ford Ranger trucks. Motion Passes 4-0. Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 4-0. seconded By #Jil Commissioner Mary Davis Passes 4. Award the contract for underground storage tank removal at 401 Walton Way Item to ATC Services of Augusta in the amount of $110,050.00. Bid Item 19-262 Action: Approved Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes Made By Seconded By Made By Seconded By Commissioner Commissioner Bobby Williams Mary Davis Commissioner Commissioner 4_0. Bobby Williams Mary Davis 5. Motion to receive as information Housing and Community Development Department's (HCD's) intent to provide Emergency Solutions Grant (ESG) funding to assist extremely low-income households with rent and/or utility assistance to prevent occurrences of homelessness caused by evictions and to increase the FY2019 Approved Budget utilizing prior years grant carryover. Item Action: Approved Motions fr'J:" Motion Text Made By seconded By Motion to Approve approve. Motion Passes 4-0. Commissioner Commissioner Bobby williams Mary Davis Passes Motion Result Motion Result 6. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide Housing Opportunities for Persons with AIDS Action: (HOPWA) funding to Family Initiative of the CSRA, Inc. to carry out Approved program. 7. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide HOME funding to J. Lovett Homes and Action: Construction, LLC to develop one (1) single family unit for a low to moderate Approved income family evictions and to increase the FY2019 Approved Budget utilizing prior years grant carryover. Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 4-0. Motions Motion;- ----- Motion TextI ype Motion to Approve approve. Motion Passes 4-0. Commissioner Commissioner Bobby williams Mary Davis Passes Made By Seconded By Made By Seconded By Motion Result Commissioner Commissioner Bobby Williams Mary Davis Passes 8. Motion to approve Housing and Community Development Department's Item (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding Action: to construct two (2) workforce, residential units on Boyd Lane. Approved Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 4-0. seconded By Motion ResultMade By Commissioner Commissioner Bobby williams Mary Davis Passes 9. Discuss city properties held in abeyance for specific entities for extended periods of time by the Land Bank Authority. (Requested by Commissioner Marion Williams) Item Action: Approved Motions Motion Motion Textrype Motion to approve a .-.-.. _ __ . receiving this item asADPTOVC--rr-- - information. Motion Passes 4-0. 10. Mr. Preston Tutt regarding disbursements of city owned Marion Williams) Motions Motion Motion Textr ype Motion to approve A ___^-.^ receiving this item asADDTOVC- -rr- - '- information. Motion Passes 4-0. Motions f#:"' Motion rext Approve Made By Seconded By Commissioner Commissioner Bobby williams Mary Davis Passes the Land Bank Authority's processes for Item properties. (Requested by Commissioner Action: Approved Seconded By Motion Result Motion ResultMade By Commissioner Bobby Williams Commissioner Mr;t tr;il Passes 11. Motion to approve the minutes of the Administrative Services Committee ltem held on October 8,2019. Action: Approved Made By Seconded By Commissioner Commissioner Bobby Williams Mary Davis Motion Result Passes Motion to approve. Motion Passes 4-0. 12. Motion to Approve the Decommissioning of DRE voting System. Item Action: Approved Motions X:ti" Morion Text Made By seconded By Motion l YPe "'-'- -r vvlu.svq sJ ReSUlt Motion to Approve approve. Commissioner Commissioner Motion passes 4_0. Bobby Williams Mary Davis Passes 13. Motion to approve permission for Mobile Food Truck Services at the Item Municipal Building. Action: Approved Motions Hl]" Motion Text Made By seconded By MotionrYPe ''---- -J Result Motion to Approve approve. Commissioner Commissioner Motion passes 4-0. Bobby williams Mary Davis Passes www.auqustaqa.qov Administrative Services Committee Meeting 11/12/2019 1:05 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on October 29, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: