HomeMy WebLinkAbout2019-12-10 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 12/10/2019
ATTENDANCE:
Present: Hons. Sias, Chairman; Clarke, Vice Chairman; Davis and B.
Williams, members.
Absent: Hon. Hardie Davis, Jr., Mayor.
ADMINISTRATIVE SERVICES
1. Motion to approve Housing and Community Development Department's
(HCD's) request to contract with Columbia Ventures Foundry Apartments,
LLC to complete infrastructure improvements at Wrightsboro Road and RA
Dent intersection. (Requested by Administration)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made
By
Seconded
By
Motion
Result
Unanimous consent is given to
add this item to the agenda.
2. Motion to approve Housing and Community Development Department’s
(HCD's) request to provide additional funds ($25,000) the Community
Development Collaborative to assist with rehabilitation cost of 1233 Perry
Avenue.
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
John Clarke Passes
3.
Approve the revision of Ordinance 7271 to expand and strengthen the Local
Small Business Opportunity Program. The current ordinance is insufficient for
a city the size of Augusta Georgia.
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
4. Motion to approve Housing and Community Development Department’s
(HCD's) contract procedural process (as presented for calendar year 2020).
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
John Clarke Passes
5. Motion to approve HCD's Laney Walker/Bethlehem Revitalization Project
contract procedural process (as presented for calendar year 2020).
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
John Clarke Passes
6. Discuss the usage of the former JLEC, 401 Walton Way building. (Requested
by Commissioner Marion Williams)
Item
Action:
Approved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Approve Motion to approve
postponing the demolition
of this building for one
Commissioner
Mary Davis
Commissioner
John Clarke
Passes
year and revisit this issue
at the end of each year
with an update from the
CVB and Juvenile Court
in their continued
partnership for use of the
building.
Motion Passes 4-0.
7. Motion to approve the minutes of the Administrative Services Committee held
on November 12, 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
John Clarke Passes
8. Protest Discussion – A request by William J. Keogh, III, attorney with Hull
Barrett representing Jackson Demolition to protest the decision of deeming
their Request for Proposal as Non-Compliant in reference to RFP 19-273
401 Walton Way Demolition Augusta Central Services Department.
Item
Action:
Disapproved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Deny
Motion to deny the
protest request.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
John Clarke Passes
9. Protest Discussion – A request by Flint Equipment Co. (Chuck Atkins) to
protest the decision of the Environmental Services recommendation of the
award of Bid Item 19-226 Waste Handler Dozer to Yancey Brothers.
Item
Action:
Disapproved
Motions
Motion
Type Motion Text Made By Seconded By Motion
Result
Deny
Motion to deny the
protest.
Motion Passes 4-0.
Commissioner
Bobby Williams
Commissioner
John Clarke Passes
www.augustaga.gov
Administrative Services Committee Meeting
12/10/2019 1:20 PM
Attendance 12/10/19
Department:
Presenter:
Caption:
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Title
HCD _ Laney Walker/Bethlehem Wrightsboro / RA Dent lntersection lmprovements Request
Agenda Categorv /
Ad ministrative Services Committee
Agenda Tvpe
Administrative Services Committee Meetine
Create Date tLlL5/20L9
Department
HCD
Presenter
Hawthorne Welcher, Jr. and/or HCD Staff
Caption
Motion to approve Housing and Community Development Department's (HCD's) request to contract with
Columbia Ventures Foundry Apartments, LLC to complete infrastructure improvements at Wrightsboro
Road and RA Dent intersection.
Backeround
ln 2008, the Augusta Commission passed legislation supporting community development in Laney
Walker/Bethlehem. Since that time, Housing & Community Development (HCD) 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 infrastructure improvements at Wrightsboro Road and RA Dent
intersection within Laney Walker/Bethlehem.
Analvsis
The approval of the contract will allow for development activities on these sites to begin.
Housing and Community Development (HCD) receives annual allocations from Laney Walker Bethlehem
Project which will fund this contract in the amount of 5262,495.2L
Alternatives
Do not approve HCD's Request.
Recommendation
Motion to approve Housing and Community Development Department's (HCD's) request to contract with
Columbia Ventures Foundry Apartments, LLC to complete infrastructure improvements at Wrightsboro
Road and RA Dent intersection.
Funds
Laney Wa lker/Beth lehem Revital ization project:
- Funds or SPLOST
COLUMBIAVENTURES
MEMORANDUM
Date: November 25,2019To: Mr. Hawthorne Welcher, Director, Housing and Development
From: Columbia Ventures, LLC dba CV Foundry Apartments, LLCRe: R.A. Dent and Wrightsboro Road Pedestrian lmprovements
The purpose of this memorandum is to outline the process in which we
have worked together to collectively address the unsafe and
unacceptable pedestrian crossing conditions that exist between the
Bethlehem neighborhood at R.A. Dent and Wrightsboro Road and the
August Medical District.
For more than a year columbia ventures, LLC and the city of Augusta
has worked collaboratively to seek to address the unsafe pedestrian
conditions at R.A. Dent and Wrightsboro Road. This has included more
than half a dozen meetings to discuss design, implementation and
funding of a proposed solution that is meant to coincide and be
delivered with the opening of the Beacon Station Apartment
community. lt is expected that upon opening and leasing up, the new
housing community will generate substantially more daily pedestrian
trips between the Bethlehem neighborhood and the Medical District
thus necessitating action by the parties to improve safety of the
pedestrian conditions.
Scope
The scope of the project includes new sidewalk, curb and gutter
beginning from the north side of Wrightsboro Road and the east side of
the railroad tracks and continuing on the east side of R.A. Dent adjacent
to the railroad tracks to a new crosswalk at the signalized intersection
of R.A. Dent and John Wesley Gilbert Lane. The project will include all
associated and required demolition and tree removal, fine grading,
street closures, curb, gutter and sidewalk as well as new streetlights,
signage and an updated pedestrian cycle on the existing signalized
intersection. This scope was developed and approved in collaboration
with the Developer and the City of Augusta Traffic Engineering Division
and Housing and Development Department as well as the regional
planning authority. A copy of the for construction set of plans
1718 Peachtree Street NW I Suite 684 | Atlanta I Georgia I 3O3O9
approved by City of Augusta Traffic Engineering Division is included as
Exhibit A.
Budget and Funding
ln order to catalyze the improvements within the City right of way and
extending significantly off site from the Beacon Station Apartment
community, the Developer agreed to pay for the additional survey and
civil engineering design work to facilitate the implementation of the
project. The design work was provided by Cranston Engineering, local
Civil Engineer and Civil Engineer of Record on the Beacon Station
project. The total estimated cost of this work is $25,OOO.OO and is
substantially complete except for the Construction Administration
portion of the work.
As a part of the overall project delivery the City of Augusta Traffic
Engineering Division has agreed to provide certain in-kind services
including striping and signal upgrade coordination.
We understand that the hard construction costs will be covered by the
City of Augusta from SPLOST funds. The total estimated cost of
construction for the improvements contained within the plans is
$225,146.21, which includes a $3,OOO.OO allowance for any materials
testing required for the sidewalk installation. This is based on sending
the for construction set of plans to eleven different subcontractors
active in the market. ln addition to the cost associated with the
horizontal work, there will be costs to be paid to Georgia Power for new
streetlight installation which has been coordinated by City of Augusta
Traffic Engineering Division. The proposal from Georgia Power totals
$37,349.OO and is included as Exhibit B.
Thus, the final and total estimated budget for the project is $287,495.21
and $25,OOO.OO is being paid for by the Developer, thus the remaining
funding needed to move forward with the project is $262,495.21.
Delivery Method
We understand that the City desires to use the procurement of
Columbia Ventures, LLC as developer for the Beacon Station project as
well as our procurement of the General Contractor, Block Builders, to
implement the work. We are prepared to add this off-site scope of
work to our existing Contract via Change Order with the General
Contractor pending your approval of the proposed cost and scope. The
Change Order is attached as Exhibit C.
1718 Peachtree Street NW I Suite 6841Atlanta I Georgia | 3O3O9
Timeline
From the issuance of a Notice to Proceed on the work we expect the
total timeline for installation to take approximately 6 - 8 weeks. We are
prepared to get started immediately pending approval from the City of
Augusta.
Exhibits
Exhibit A - For Construction Engineering Plans
Exhibit B - Georgia Power Street Light Proposal
Exhibit C - Block Builders Hard Cost Change Order Proposal
'1718 Peachtree Street NW I Suite 684 | Atlanta I Georgia | 3O309
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EXHIBIT B
tighting Services Agreement - lllumination
Customer Legal Name AUGUSTA RICHMOND COUNTY
Service Address O STREET LIGHTS AUGUSTA GA 30901
Mailing Address 535 TELFAIR ST STE 800 AUGUSTA GA 30901
A Georgia Power
DBA
County Richmond - GA
Email Tel #Alt Tel#
Tax lD# 4274 Business Description
Existing yes EI t,to E lf Yes (and if possible), does customer want yes EI f.f o tr llYes, which
Customer '- - the Service added to an existing account? -- - Account Number? 09396-10170
Service Cost ($)Regulated Cost ($)*Monthly Cost ($)"
$260.s€$19.44 $280.0c
erm (Months) | 1
* The actual Regulated Cost will be calculated using the tariffs approved by Georgia Public Service Commission at the time of billing. This estimate is based
on Summer Rates in effect at the time of this proposal.
** The actual upfront sales tax will be calculated based on the taxes in effect at the time for the premise location.
Project Notes:
Customer agrees to this Lighting Services Agreement with Georgia Power Company under the attached terms and conditions and authorizes all actions
noted on this agreement.
Customer also agrees to allow removal of existing lights. Yes E r.rta E
Type Customer Tariff Content
NESC Gov EOL
crAc ($)Pre-Payment ($)Estimated Taxes ($)**Total ($)**
$37,349.00 $0.00 $0.00 $37,349.00
Selected Components
Action aty Wattage Type Description
tNs 8 70 LED Post Top
Customer recognizes that the individual signing this Agreement on its behalf has authority to do so.
Customer Authorization Georgia Power Authorization
Signature:Signature:
Print Name:Print Name: Christopher Sailors
Print Title:Print Title: Account Exec
Date:Date:
3.
4.
5.
TERMS and CONDITIONS (IIIumination - Govemmental)
(@llectively, the "GPC Assets') as necessary or convenient in order to address regulatory requirements or for other reasons related to the provision of Service.
Agreement. GPC makes no representation or warranty regarding treatment of this transaction by the lnternal Revenue Ssryice or the status of thi6 Agreement under any tederal orstate tax law. Customer ente6 into this Agreement in sole reliance upon Customerrs own adyisots.
7.
Circle, Tucker, GA 30084$80'l; Custome/s mailing address is noted on Page 'l .
to pay the amount billed by the due date. lf a balance is outstanding past the due date, Customer acknowledges that GPC may require Customer to pay a deposit of up to two times the
costs associated with Customer initiated changes after the date the Agreement has been signed.
with rights in the Premises) to enter into this Agreement and to authorize the GPC Activity and Service.
Activity related to the installation and connection of GpC Assets can commence.
underground obstruction at the Premises that is not subject to the Dig Law. lf GPC causes or incurs damige due to Customer's fail-ure to mark a private facility or obstructionbefore GPC commences the GPC Activity, Customer is responsible for all damages and any resulting delay.c' Unforeseen condition. The€stimaled charges shown on Page 1 include no allo,vance for any subsurface rock, wetland, underground stream, buried waste, unsuitable soil,
or circumstanc€ outside GPC's control.
@.DuringthetermofthisAgreement,intheeventofanyworkordig9ingneartheGPcAssetS,cUStomer(oranypersonorentityworkingoncustomeis
representative).
Unit at 1-88&660-5890 to obtain srch authorization.
Premises and agrees that GPC has no obligation to ensure the safety of ths premises.
to the subcontraclois compliance with O.C.GA. S 13-10-91.
found to be unenforceable, the entire arbitration clause will be unenforceable.
and all amounts due for the Seruice during the remaining term of the Agreement.
rest of that provision and all other provisions remain effective.
6.
8.
9.
10.
11.
12.
13.
2
14.
Page 2 of 2 Revisd 5/31/2017
EXI{IBIT C
BI.OGII
BUILDERS LLC of LA
Block Builders, LLC
610 Je{bmon Hwy Suite 2G
Baton Rouge, Loulsiana 70806
Phone: (225) 930-9960
Far (225) 930-9915
PCO #025
Proloct 18.501 - Tho Foundry
1400 Wrightsboro Rd.
Augusta, G6orgia 30901
CE #056 - tUA Dent lmprovements
TO:
STATUS:
REFEREIIGE:
SCHEDULE IXPACT:
CV Foundry Apartnents, LLC
17'18 Peachtree St€et NW Suite 6&{
Atanta Georyla,30309
Pending - ln Review
FR0t: Blod< Bulldem, LLC
619 Jefierson Hwy Suite 2G
Baton Rouge, Louisiana 70806
GREATED DATE: 1114 12019
PRlllE CONTRACT None
CHAilGE ORDER:
TOTALAilotTNTT $2n,148.21
POTEITIAL CHAIGE ORDER TITLE: CE #056 - RA Dcnt lmprovements
CHAI{GE SEASON: Client Rcquest
POTET{TIAL CHAI{GE ORDER DESCRIPTION: (The Contnd,le Changad As Follovs)
CE #056 - RA Dent lmorovementg
lmprovomsnts to RA Dent. Sidewalks, crossing, etc.
AfiACHTENTS:
Jrrcd Ghrlrtensrn FAtt) CV Foundry Aprrtnlnts, LLC Blocl Bulldcrr, Ll.G
1389 Peachtree Street NE Suite 200 1718 Peacfibee Street NW, Suite 6&4 619 Jetrerson Hwy Suite 2G
Auanta Georgia 30309 Aflante Georgla 30309 Beton Rougts, Loulsiana 70806
SIGNAIURE
Block Bui$€rs, LLC
DATE SIGNATURE DAIE
a Co.l Cod.D.asrldo6 typ.Amdnt
1 ,2-74& -A.ph.lt P6ving RA Dal lmprwrmnt:Subcotrl.aobr s r7a,ga6.0(
2 ol-l3as - Pr({lict Sup.nnicndml S{rp.rvblofi/ OCa Ott!r $ 1S.O12.m
3 02-7400 - A.ph.lt PwhC BoB oonddt u#cr RA Drnt SulsnLctDB $ 10,00.@
fullotrll t203,62E.00
hbd lurd.n: gl.0016 3 0.m
lalFalca: lIOt6 t 3,r6E.03
Bord: l.dl(12,071.8
Fx:3.0of I 12,57r.3r
Gnnd lotd:tl22,t/1511
DATE SIGIIATURE
page 1 of 't Printed On: 111151 2019 10 :12 AM
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CONTRACT
between
AUGUSTA., GEORGIA
And
COLUMBIA VENTURES FOTJNDRY APARTMENTS, LLC
in the amount of
s262,495.21USD
Two-Hundred and Sixty-Two Thousand, Four-Hundred and Ninety Five Dollars and 211100
for Fiscal Year 2019
Providing funding for
LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT
Wrightsboro / RA Dent - Intersection Improvements
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 Columbia Ventures FOUNDRY
APARTMENTS, LLC, a developer, organized pursuant to the Laws of the State of Georgia,
hereinafter called "COLUMBh. VENTURES FOUNDRY APARTMENTS, LLC" 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
WIIEREAS, 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 COLUMBLA. VENTURES
FOUNDRY APARTMENTS, LLC 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, COLUMBLA. VENTURES FOUNDRY APARTMENTS, LLC 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
Wrightsboro / RA Dent - Intersection Improvements Contract Page I
WHEREAS, COLUMBL{ VENTURES FOLINDRY APARTMENTS, LLC has agreed to provide
services funded through this contract free from political activities, religious influences or
requirements; and
WHEREAS' COLUMBIA VENTURES FOLINDRY APARTMENTS, LLC has requested and
Augusta has approved a total of $262,495.21 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: COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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 Laney Walker /
Bethlehem Revitalization Project which involves construction of road improvements for mixed use
development project. Under this Agreanent:
+ Perform construction services for improvements to sidewalk, paving and infrastructure at and
near the intersection of Wrightsboro Road and RA Dent as outlined in the construction
documents.
B. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by COLUMBIA
VENTURES FOLINDRY APARTMENTS, LLC 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 permiffed. The following summarizes the proposed uses of funds under this Agreement
based on total material and labor cost of 5262,495.21.
L 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 COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC for construction
costs related to the development Wrightsboro / RA Dent - Intersection Improvements as
part of the Laney Walker/Elethlehem Revitalization 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.
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 COLUMBIA
VENTURES FOUNDRY APARTMENTS, LLC for costs identified as necessary operating
time and expenses in addition to the profit accrued in the development of area identified as
Wrightsboro / RA Dent - Intersection Improvements. AHCD will have the latifude to pay
O&P directly to the procured developer/contractor on a pay for performance basis.
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - lntersection Improvements Contract Page 2
C.
D.
3. Developer's Fee
N/A
Proeram Location and Specific Goals to be Achieved
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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.
Proj ect Elieibility Determination
It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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, COLUMBIA VENTURES FOUNDRY
APARTMENTS, LLC 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
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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, COLUMBIA VENTURES
FOLINDRY APARTMENTS, LLC, may engage the services of outside professional services
consultants and contractors to help carry out the program and projects.
Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available
in the following manner:
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
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC and AHCD determine the
progress is satisfactory. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC shall
utilize the AIA Form provided by AHCD (see Appendix). For invoicing, CoLUMBIA
VENTURES FOUNDRY APARTMENTS, LLC 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.
AHCD will monitor the progress of the project and COLUMBIA VENTURES FOUNDRY
APARTMENTS, LLC's performance on a weekly basis with regards to the production of
housing units and the overall effectiveness ofproject.
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Conhact page 3
A.
2.
3.Upon the completion of this Agreement, any unused or residual funds rernaining shall revert to
Augusta and shall be due and payable on such date of the termination and shall be paid no
later than thirry (30) days thereafter. COLUMBIA VENTURES FOTINDRY
APARTMENTS, LLC and AHCD shall share in the cost and proceeds of developing the
residence at Wrightsboro / RA Dent - lntersection Improvements as follows:
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.
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 COLUMBIA VENTURES FOUNDRY APARTMENTS,
LLC and AHCD deerned satisfactorily progress made within the contracted construction only
amount.
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 COLUMBIA VENTURES FOUNDRY APARTMENTS,
LLC and AHCD determine that all AHCD punchlist items have been satisfied.
Project Financine
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 COLUMBIA VENTURES
FOI-INDRY APARTMENTS, LLC for construction costs related to the development of area
identified as Wrightsboro / RA Dent - Intersection Improvements.
Additionally, AHCD will provide one hundred percent (100%) of all change orders (where
applicable) as approved by both Augusta and COLUMBIA VENTURES FOUNDRY
APARTMENTS, LLC in writing.
All funding is being provided as payment for services rendered as per this Agreement.
C. Timetable for Completion of Project Activities
COLUMBL{ VENTURES FOLTNDRY APARTMENTS, LLC shall be peTmitted 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 approval of a detailed outline of project expenditures
anticipated for the completion of the development within 90 days identified as Wrightsboro /
RA Dent - Intersection Improvements .
Liquidated Damages
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC agrees to pay
as liquidated damages to Augrrsta the sum of one hundred dollars ($100.00)
Augusta Housing & Community Development Deparfrnent
Wrightsboro / RA Dent - Intersection Improvements Contract Page 4
4.
6.
7.
B.
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
dEfAUIt Of COLUMBI,A VENTURES FOUNDRY APARTMENTS, LLC.
The parties agree that these provisions for liquidated damages are not
intended to operate as penalties forbreach ofContract.
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 COLUMBIA VENTURES FOUNDRY
APARTMENTS, LLC. 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
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC is not
responsible for delay in performance caused by hurricanes, tornados, floods,
and other severe and unexpected acts ofnature. [n 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 tanporary stopping of the work, or delaying of the work
to be performed by COLUMBIA VENTURES FOUNDRY APARTMENTS,
LLC 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 area identified as Wrightsboro / RA Dent - Intersection Improvements as
part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the
procured construction contractor. COLUMBIA VENTURES FOUNDRY APARTMENTS,
LLC shall be paid a total consideration of no more than the contract amount for ful1
performance of the services specified under this Agreement. Any cost above this amount shall
be the sole responsibility of COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC. 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 COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC.
COLUMBTA VENTURES FOI-INDRY APARTMENTS, LLC shall adhere to the budget as
outlined in the Work Write-Up (Exhibit B) in the performance of this contract.
ARTICLE III. TERM OF CONTRACT
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract Page 5
A.
B.
The term of this Agreement shall commence on the date when this Agreement is executed by Augusta
and COLUMBIA VENTURES FOLINDRY APARTMENTS, LLC (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 A}[D PAYMENT
This is a pay-for-performance contract and in no event shall Augusta provide advance funding to
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC, or any subcontractor hereunder.
COLUMBIA VENTURES FOLTNDRY APARTMENTS, LLC shall not use these funds for any
purpose other than the purpose set forth in this Agreement.
Subject to COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC's compliance with the
provisions of this Agreement, Augusta agrees to reimburse all budgeted costs all,owable under
federal, state, and local guidelines.
All purchases of capital equipment, goods and services shall comply with the procurement
procedures of OMB Circular ,4.-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.
Requests by COLUMBLA. VENTURES FOUNDRY APARTMENTS, LLC forpayment 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. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC shall maintain an adequate
financial system and internal fiscal controls.
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
COLUMBLA. VENTURES FOLTNDRY APARTMENTS, LLC.
The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act.
ARTICLE V. ADMINISTRATIVE REQUIREMENTS
C.
D.
E.
G.
H.
Conflict of Interest
COLUMBIA VENTURES FOUNDRY
confl ict of interest provisions contained
OMB Circular A-102 as appropriate.
APARTMENTS, LLC agrees to comply with the
in 24 CFR 85.36, 570.611, OMB Circular A-110 and
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract Page 6
This conflict of interest provision applies to any person who is an employee, agent, consultant,
officer, or elected official or appointed official of COLUMBI.A VENTURES FOUNDRY
APARTMENTS, LLC. 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. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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 lnterest 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 COLUMBIA VENTURES FOTINDRY
APARTMENTS, LLC. In such instances, COLUMBIA VENTURES FOUNDRY
APARTMENTS, LLC 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 COLUMBh. VENTURES FOUNDRY APARTMENTS, LLC.
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. COLUMBLA VENTURES FOLTNDRY APARTMENTS, LLC 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
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC's publications and/or
advertisements. (24 CFR 570.601).
B' COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC agrees that the ownership in
the housing assisted units must meet the definition of "homeownership" in $92.2.
C. COLUMBLA. VENTURES FOUNDRY APARTMENTS, LLC 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.
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - lntersection Improvements Contract page 7
D.
E.
oroceedine under or relatine to the labor standards aoplicable hereunder to his or her
employer. (24 CFR 570.603)
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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/tlCD 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).
Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), COLUMBIA
VENTURES FOUNDRY APARTMENTS, LLC 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 lnsurance
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.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC agrees to take all reasonable
steps to minimize displacanent 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).
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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. COLUMBIA VENTURES FOUNDRY APARTMENTS,
LLC will in all solicitations or advertisements for employees placed state that a1l qualified
applicants will receive consideration for employment without regard to race, color, religion,
sex, national origin or familial status.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC will not discriminate against
any employee or applicant for anployment because of race, color, religion, sex, national
origin, or familial status. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC agrees to post in conspicuous
places, available to employees and applicants for ernployment, notices to be provided by
Augusta setting forth the provisions of this nondiscrimination clause'
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract Page 8
F.
G.
H.
I.
J.
K.
L.
M.
ln accordance with Section 570.608 of the CDBG Regulations, COLUMBLA VENTURES
FOUNDRY APARTMENTS, LLC 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.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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.
ln accordance with 24 cFR part 24, subpart F, COLUMBIA VENTURES FouNDRy
APARTMENTS, LLC 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.
Any publicity generated by GOLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC agrees to
obtain all necessary permits for intended improvements or activities.
COLUMBIA VENTURES FOLINDRY APARTMENTS, LLC shall not assign any interest in
this contract or transfer any interest in the same without the prior written approval of Augusta.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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, [nc. v. Augusta,
Georgia, civil Action No. 1:07-cv-019 (s.D. cA 2007). ANY LANGUAGE THAT
VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA
GOVERNMENT. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC agrees to
comply with any federally mandated requirements as to minority and women owned- business
enterprises.
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
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - lntersection Improvements Contract page 9
N.
o.
P.
a.
R.
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
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.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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. COLUMBIA VENTURES FOUNDRY
APARTMENTS, LLC will not discriminate against any person applyrng for shelter on the
basis of religion. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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.
lndirect costs will only be paid if COLUMBIA VENTURES FOIJNDRY APARTMENTS,
LLC has indirect cost allocation plan approved by the Department of Housing and Urban
Development prior to the execution of this Contract.
AHCD shall not approve any travel or travel related expenses to COLUMBLA VENTURES
FOUNDRY APARTMENTS, LLC with funds provided under this contract.
Construction Requirements
In the absence of local codes, properties must meet the HUD Section 8 Housing Quality
Standards tHQSl. 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.
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract Page 10
S.
T.
U.
V.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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 shall provide evidence ofproper disposal of, the name and location
ofthe disposal facility, date ofdisposal and all related fee.
Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or
work site of COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC or any
subcontractor of COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC or subunit
thereof which is pertinent to the perfoflnance of any contract awarded or to be awarded by
Augusta, Georgia.
ARTICLE X. SUSPENSION AND TERMINATION
A. In the event COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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 COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC cures any
breach of the Agreement. If COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC
fails to cure the breach, Augusta may suspend or terminate the current award of funds.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC will not be eligible to receive
any other funding.
B. Notwithstanding the above, COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC
shall not be relieved of its liability to Augusta for damages sustained as a result of any breach
of this Agreement. ln addition, to any other remedies it may have at law or equity, Augusta
may withhold any payments to COLUMBI.A VENTURES FOUNDRY APARTMENTS, LLC
for the purposes of offsetting the exact amount of damages once determined.
C. ln the best interest of the project and to better serve the people in the target areas and fulfrll the
purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate
this Agreement upon grving 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
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC for documented committed
eligible costs incurred prior to the date of notice of termination.
D. Notwithstanding any termination or suspension of this Agreement, COLUMBLA VENTURES
FOUNDRY APARTMENTS, LLC 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
COLUMBIA VENTURES FOLINDRY APARTMENTS, LLC under this contract.
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - lntersection Improvements Contract Page 11
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: Hardie Davis, Jr., Mayor
Municipal Building
535 Telfair Street, Suite 200
Augusta, Georgia 30901
With copies to:
Augusta Housing and Community Development Department
ATTN: Hawthorne Welcher, Jr., Director
510 Fenwick Street
Augusta, Georgia 30901
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC will receive all notices at the address
indicated below:
Columbia Ventures Foundry Apartments, LLC
ATTN: Mr. Jakob vonTrapp
17 I 8 Peachtree Street NW, Suite 684
Atlanta, GA 30309
ARTICLE XII. INDEMNIFICATION
COLUMBLA, VENTURES FOUNDRY APARTMENTS, LLC will at all times hereafter indemniff
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 properfy, by virtue of the perfornance of this Agreement. By
execution of this Agreement, COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC
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
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - lntersection Improvements Contract Page 12
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.
ARTICLE XIII. PRIORAND 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 COLUMBIA VENTURES
FOUNDRY APARTMENTS, LLC beyond the term of this Agreement.
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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 COLUMBIA
VENTURES FOUNDRY APARTMENTS, LLC for the purpose of securing business and that
COLUMBIA VENTURES FOTINDRY APARTMENTS, LLC 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
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract Page 13
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.
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):
Augurtu, G*.giu Lu* D"partment
Date:
Mayor Hardie Davis, Jr., as its Mayor
Date:
By:
R.r' Rrr. _
.farris Sims, ^ ryr Hawthorne Welcher, Jr., as its Director
Date: Date:
Affix Seal Here:
Lena Bonner, as its Clerk of Commission
ATTEST:Columbia Ventures FOUNDRY APARTMENTS, LLC
By:
Mr. Jakob vonTrapp, Owner
Date:
Augusta Housing & Community Development Departrnent
Wrightsboro / RA Dent - lntersection Improvements Contract Page 14
By:
APPENDIX 1
Architectural Plans/Desisns
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - lntersection Improvements Contract page 15
APPENDIX 2
American Institute of Architects (AIA) Form - Sample
Augusta Housing & Community Development Departrnent
Wrightsboro / RA Dent - lntersection Improvements Contract Page 16
APPENDIX3
Statutes: (Available on Request)
OMB Circular 4-110 - Uniform Administrative Requirements for Grants and Agreement with
lnstitutions of Higher Education, Hospitals, and otherNon-profit organizations
OMB Circular A- 122 - Cost Principles forNon-profit Organizations
OMB Circular A-133 - Audits of lnstitutions of Higher Education & other Non-Profit lnstitutions
40 USC 276Davis-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 lnterest Affidavit
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract page 17
APPENDIX4
CONSTRUCTION REOUIREMENTS
l. 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, lnternational, lnc.,
Birmingham, Alabama.
B. "Standard Plumbing Code", latest edition, Southern Building Congress, lnternational, Inc.,
Birmingham, Alabama.
C. Standard Mechanical Code, latest edition, Southern Building Congress, lnternational, lnc.,
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 9l-596.
H. Part l9l0 - Occupationat Safety and Health Standards, Chapter XVII of Title29, 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 lnspectors 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 lnspector or AHCD's agent prior to release of the funds for that project.
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract Page 18
APPENDIX 5
CONTRACTOR ACKNOWLEDGEMENT
Columbia Ventures FOUNDRY APARTMENTS, LLC 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, Columbia Ventures FOLINDRY APARTMENTS, 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 Columbia Ventures FOUNDRY APARTMENTS, LLC may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Columbia Ventures
FOUNDRY APARTMENTS, LLC agrees that if it provides goods or services to Augusta, Georgia
under a contract that has not received proper legislative authorization or if Columbia Ventures
FOUNDRY APARTMENTS, 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
Columbia Ventures FOUNDRY APARTMENTS, LLC. Columbia Ventures FOUNDRY
APARTMENTS, 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. Jakob vonTrapp
Columbia Ventures FOLINDRY APARTMENTS, LLC, Owner
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - lntersection Improvements Contract page 19
EXHIBIT A
PROJECT SCHEDULE OF' COMPLETION
COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC MUST PROVIDE A COMPLETED
SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT
MILESTONES WITHIN IO 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
Wrightsboro / RA Dent - Intersection Improvements Contract Page 20
EXHIBIT B
WORK WRITE-UP
Augusta Housing & Community Development Departrnent
wrightsboro / RA Dent - lntersection Improvements contract page 2l
t.
EXHIBIT C
PROJECT DEVELOPMENT AIID MAI\AGEMENT PROCEDURES
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 COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC in accordance with
the attached drawdown schedule and budget.
AHCD will provide the lot on which all new construction efforts will be performed under this
Agreement and in connection with the Project.
with AHCD approval, COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC may
use funds under this Agreanent for the following purposes:
a. To support development costs as outlined in Item 6 below.
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 ofthe subcontractor occasioned by any other causes specified in
subparagraphs A and B above. Provided, however, that the contractor
promptly (within l0 days) notifies AHCD and COLUMBIA VENTURES
Augusta Housing & Community Development Department
Wrightsboro / RA Dent - Intersection Improvements Contract Page 22
2.
-r-
4.
5.
FOLINDRY APARTMENTS, LLC in writing of the cause of the delay. If the
facts show the delay to be properly excusable under the terms of this contract,
AHCD shall extend the contract time by a period commensurate with the
period of authorized delay to the completion of the work as whole; in the form
of an amendment to this contract.
New Construction Costs and Requirements
a. COLUMBIA VENTURES FOLTNDRY APARTMENTS, LLC 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. COLUMBI.A VENTURES FouNDRy APARTMENTS, LLC must make sure
contractors obtain and post all permits on job site.c. COLUMBIA VENTURES FOUNDRY APARTMENTS, LLC 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 work 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 work is not being built or rehabilitated in
accordance with plans and specifications, or ifthe project is not on schedule.
Permanent Financing and Sales Prices
N/A
Augusta Housing & Community Development Department
wrightsboro / RA Dent - Intersection Improvements contract page 23
6.
Administrative Services Committee Meeting
12/10/2019 1:20 PM
HCD Contract with Columbia Ventures Foundry Apartments
Department:
Presenter:
Caption:Motion to approve Housing and Community Development
Department's (HCD's) request to contract with Columbia
Ventures Foundry Apartments, LLC to complete infrastructure
improvements at Wrightsboro Road and RA Dent intersection.
(Requested by Administration)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
FIRST AMENDMENT
TO
AGREEMENT BETWEEN
AUGUSTA, GEORGIA
&
COMMUNITY DEVELOPMENT COLLABORATIVE, LLC
FOR
2017/2018 HOME INVESTMENT PARTNERSHIPS PROGRAM
1233 Perry Avenue
This First Amendment to the agreement executed by and between the Parties on
December 21, 2018, is made and entered into on the _____ day of _____________, 2019, by and
between AUGUSTA, GEORGIA, (hereafter referred to as “Augusta”), and THE COMMUNITY
DEVELOPMENT COLLABORATIVE, LLC. (hereinafter referred to as the “Collaborative”).
WHEREAS, AUGUSTA desires to amend the original agreement to allow the
Collaborative to effectively administer its HOME eligible affordable housing development
activities;
WHEREAS, the Collaborative has determined that this Amendment is in its best interest
and has agreed to the said Amendment;
NOW THEREFORE, in exchange for their mutual good and valuable consideration, the
receipt and sufficiency of which each PARTY acknowledges, and intending to be legally bound,
AUGUSTA and Antioch agree to amend said agreement as follows:
(1)
Article I Section B . Use of Funds. Construction shall be revised to provide additional
funding in the amount of $ 25,000.00 of HOME funding to support the construction of a single
family unit located at 1233 Perry Avenue.
B. Use of Funds
HOME Program funds shall be used by the Collaborative for the purposes and objectives
stated in Article I, Scope of Services, and Exhibit “A” of this Agreement. The use of HOME
funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of
funds under this agreement:
b. Construction
An amount not to exceed $ 165,000.00 in a grant shall be expended by the Collaborative
to support the rehabilitation of an affordable single-family rental housing units to be
made available for rent by HOME program eligible low and moderate home buyers.
Augusta Housing and Community Development
HOME Investment Partnership Program Agreement Amendment
The Collaborative- 1233 Perry Avenue
2
Original contract states not to exceed $ 140,000.00 whereas amendment adds an
additional $ 25,000.00 to support construction cost.
Article II Section D shall be revised to show the additional funding with the following:
D. Project Budget: Limitations
Collaborative shall be paid a total consideration of $165,000.00 for full performance
of the services specified under this Agreement. Any cost above this amount shall be
the sole responsibility of Collaborative. 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
Collaborative.
The Collaborative shall adhere to the following budget in the performance of this
contract:
Acquisition & Rehabilitation $ 160,000.00
Management $ 5,000.00
_______________________________________________
Total Project Activity Cost $ 165,000.00
Except for the modifications made by this Amendment, the terms and conditions of the
Agreement, as previously amended, shall remain in full force and effect.
Augusta Housing and Community Development
HOME Investment Partnership Program Agreement Amendment
The Collaborative- 1233 Perry Avenue
3
IN WITNESS WHEREOF, the undersigned have set as of the date first written above.
_________________________________ _________
The Community Development Collaborative, LLC Date
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: _________________________ Date:______________
Augusta, GA Law Department
By: ___________________________________ Date: __________________
Hardie Davis
As its Mayor
By: ___________________________________ Date: _________________
Jarvis Sims
As its Interim Administrator
By: ___________________________________ Date:_________________
Hawthorne Welcher, Jr.
As its Director, HCD
SEAL
____________________________
Lena Bonner
As its Clerk
Administrative Services Committee Meeting
12/10/2019 1:20 PM
HCD _ Community Development Collaborative Agreement Amendment 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 additional funds
($25,000) the Community Development Collaborative to assist
with rehabilitation cost of 1233 Perry Avenue.
Background:Housing and Community Development (HCD) and the
Community Development Collaborative is working in
collaboration to construct five (5) single family homes and
rehabilitate one (1) duplex on Perry Avenue. The original
contract was awarded to the organization with an emphasis to
construct units within the range of $140K prior to acquisition
and procurement of contractor. Once this duplex was bided out,
the rehabilitation cost came in greater than the original estimated
amount. Requesting Additional $25,000.00 for rehabilitation.
Original Agreement: $140,084.00 New Agreement
Amount: $165,084.00
Analysis:The approval of funding will allow the Community
Development Collaborative to rehabilitate the duplex units to be
used as rental property for Augusta, Georgia.
Financial Impact:HCD will utilize Home Investment Partnership (HOME)
funding received through its annual allocation from Housing and
Urban Development in the amount of $ 165,084.00 to assist in
the rehabilitation of a duplex to be used as rental property.
Alternatives:Do not approve the funding to Community Development
Collaborative, LLC.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) request to provide additional funds
($25,000) the Community Development Collaborative to assist
with rehabilitation cost of 1233 Perry Avenue.
Funds are
Available in the
Following
Accounts:
U. S. Department of Housing and Urban Development (HUD)
Funds: - Home Investment Partnership Program (HOME) funds.
- Org key/object code = 221073211 – 5211119
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Local Small Business
Opportunity Program
Ordinance Revision
(Ordinance 7271)
Three Reasons the Ordinance Needs to be
Revised:
1. Geographic & size expansion needed.
2. Lacks appropriate protests, appeals, and remedies
section. (Issue discussed 9/18/18 Commission
Meeting with previous compliance director
& Comm. Hasan, per that conversation issue
had been identified 1.5 years ago= appx
March 2017)
3. Lacks contract compliance process.
Geographic & size expansion needed
§Current Geographic and Size Limits are too restrictive.
§Current Geographic Limit: Augusta, Richmond County
§Suggested Geographic Limit: Richmond County, Columbia County, Aiken
County, and Burke County
§Current Size Limit: 1.5 million in annual receipts, $750,000 personal net
worth
§Suggested Size Limit: adopt federal Small Business Administration size
guidelines CFR 13 Part 121 (attached in your packets), personal net
worth will remain $750,000
Augusta’s LSBOP Top NAICS codes
1. 561730- Landscaping (14 certified businesses)- Size Standard per
SBA: $8million- Augusta, appx. 8 times less=(pg.25)
2. 237310- Highway, Street, Bridge Construction (8 certified
businesses) Size Standard per SBA: $39.5million- Augusta, appx.
39 times less=(pg.13)
3. 238990- Other Specialty Trades (8 certified businesses) Size Standard
per SBA: $16.5million-Augusta, appx. 16 times less=(pg.14)
Other Jurisdictions Size LimitsOther Jurisdictions Size LimitsOther Jurisdictions Size LimitsOther Jurisdictions Size Limits
Atlanta
Follows SBA Size Standards
Memphis (2nd largest city
in Tennessee)
Follows SBA Size Standards
Savannah
Limits Small Business program
to 3 categories: Construction
Services ($5 million); Contract
Services ($1 million); and
Professional Services
($500,000). Can’t exceed 25
employees
Lacks appropriate protests, appeals, and Lacks appropriate protests, appeals, and Lacks appropriate protests, appeals, and Lacks appropriate protests, appeals, and
remedies sectionremedies sectionremedies sectionremedies section
Ordinance defines expected behavior, but only provides
a process to follow when local small businesses are
denied registration. A process is needed for the other
(3) major areas where possible compliance violations
may occur (1. Responsive or Non-responsive bidder pre-
award; 2. Contract Compliance post-award; and 3.
Prompt payment provision for subcontractors to protest
untimely payments).
Lacks Lacks Lacks Lacks a Responsive/Nona Responsive/Nona Responsive/Nona Responsive/Non----Responsive Bidder Pre Award Compliance/Post Award Responsive Bidder Pre Award Compliance/Post Award Responsive Bidder Pre Award Compliance/Post Award Responsive Bidder Pre Award Compliance/Post Award
Contract Contract Contract Contract Compliance Compliance Compliance Compliance Process and Prompt Payment Provision processProcess and Prompt Payment Provision processProcess and Prompt Payment Provision processProcess and Prompt Payment Provision process
Not having a formal contract compliance monitoring section
that clearly defines administrative remedies and procedures in
the LSBOP Ordinance leaves only breach of contract as a
remedy=no enforcement power!
Expansion will Hurt Small BusinessesExpansion will Hurt Small BusinessesExpansion will Hurt Small BusinessesExpansion will Hurt Small Businesses
Not True!Not True!Not True!Not True!
1. Expanding the LSBOP will create opportunities to set goals on projects that we
could not set goals on before.
2. Having larger and diverse companies in the program will allow for mentoring
opportunities for smaller/less developed companies.
3. Capacity building/matching with unskilled labor and companies can take place
to grow the workforce and small businesses.
4. Expanding the LSBOP will aid Augusta Georgia’s major user departments to
have ready, willing, and able subcontractors for their projects (specifically
Engineering, Central Services , and Utilities).
Administrative Services Committee Meeting
12/10/2019 1:20 PM
Permission to request Law Department to Revise Ordinance 7271 Local Small Business Opportunity
Program
Department:Compliance
Presenter:Treza Edwards
Caption:Approve the revision of Ordinance 7271 to expand and
strengthen the Local Small Business Opportunity Program. The
current ordinance is insufficient for a city the size of Augusta
Georgia.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
HOUSING AND COMMUNITY DEVELOPMENT (HCD) CONTRACT
PROCEDURAL PROCESS
Recommended Motion:
Motion to approve Housing and Community Development Department’s (HCDs) contract procedural
process (as presented for calendar year 2020)
1. Annually, Augusta, GA is notified of receipt of a direct allocation of federal funds, Community
Development Block Grant (CDBG), Emergency Solutions Grant (ESG), HOME Investment Partnerships
(HOME) and Housing Opportunities for Persons with AIDS (HOPWA), from the U.S. Department of
Housing and Urban Development (HUD).
a. Augusta, GA (through HCD via Commission approval) also applies for HUD funding on behalf of local
nonprofit community partners under the Continuum of Care competitive grant process. These funds are used
to provide services to local citizens experiencing homelessness.
2. Housing and Community Development (HCD) holds an annual HUD Application Workshop.
3. HCD solicits applications from agencies, reviews these applications and recommends eligible agencies for
funding that are in accordance with the Consolidated Plan’s Goals and Priorities. These recommendations
are then incorporated into CDBG, ESG, HOME and HOPWA budgets; and constitutes Augusta GA’s Annual
Action Plan.
4. HCD engages local citizens through our HUD-approved Citizen Participation process to present the Annual
Action Plan for a 30-Day Public Comment Period.
5. HCD presents to the Augusta, GA Commission (Committee-Commission cycle) the Annual Action Plan for
review, approval/denial and requests that the Mayor be granted the authority to execute documents required
for submission as Augusta, GA’s Certifying Official (Federal statutory submission deadline: November 15th).
6. HUD notifies Augusta, GA that the submitted Annual Action Plan is approved.
a. For Fiscal Year 2019, the Action Plan contains thirty-two (32) projects. To carry out these projects, HUD
requires Augusta, GA to have agreements with each agency carrying out the activities described in the
Annual Action Plan (see Step 8-9).
7. City of Augusta receives Annual Grant Agreements from HUD for review and execution by Law Department,
and Mayor as Augusta, GA’s HUD Certifying Official.
Housing and Community Development
510 Fenwick Street - Augusta, GA 30901
(706) 821-1797 – Fax (706) 821-1784 www.augustaga.gov
Housing and Community Development Department
Hawthorne E. Welcher, Jr. Shauntia Lewis
Director Deputy Director
HCD_ Contract Procedural Approval Process Page 2
8. Upon Augusta, GA Commission approval, the sub-recipient non-profit partners move to execute their
Agreements; the Agreements are signed by the HCD Director, and then submitted to Law Department for
review and approval as to form; the Agreements are then forwarded to the Administrator and Mayor for
execution on behalf of Augusta, GA.
9. Sub-recipient non-profit partners move to carry out the activities described in their agreement and report
performance to HCD on an on-going basis, and are monitored for compliance periodically throughout the
Program Year.
10. HCD compiles the Consolidated Annual Performance and Evaluation Report (CAPER) of all outcomes /
results and financial expenditures of activities carried out under that Program Year’s Annual Action Plan.
The CAPER is then presented to the Augusta, GA Commission for review and HCD requests permission to
submit to HUD after a 15-Day Public Notification Period (March 15 Federal statutory submission deadline).
Recommended Motion:
Motion to approve Housing and Community Development Department’s (HCDs) contract
procedural process (as presented for calendar year 2020)
*See Procedural Process Memorandum for detailed explanation of steps *Green boxes denote ARC Commission Action 26 Nov. 2019
HCD CONTRACT PROCEDURAL PROCESS FLOW CHART
1. Augusta, GA notified
of Federal Awards
under CDBG, ESG,
HOME, HOPWA and
applies under CoC with
HUD
2. HCD hosts Annual
Application Workshop
3. HCD solicits
applications for funding
from local non-profit
partners
4. HCD engages local
citizens through HUD-
approved Citizen
Participation Process
including 30-Day
Comment Period
5. HCD presents Annual
Action Plan to
Committee/Commission
Submission Approval
Process
6. HCD submits Annual
Action Plan to HUD /
HUD notifies Augusta,
GA of Annual Action
Plan Approval
7. Augusta, GA recieves
Grant Agreements from
HUD -reviewed /
executed by Legal,
Mayor
8. HCD moves to enter
into Agreement with
Public Service / ESG
non-profit partners
identified in Annual
Action Plan
8 (b). All other Annual
Action Plan activities
performed by area non-
profits reviewed and
approved by
Committee/Commission
Cycle
9. HCD executes
subrecipient
Agreements with
approved area non-
profits and forwards to
Legal, Mayor,
Adminstrator for
Review and Execution
10. Fully executed
Agreements returned
to HCD and Non-profit
partners carry out
activities described in
Annual Action Plan
10 (b). Non-profits
report results and
expenditures to HCD
10(c). HCD monitors
sub-recipient non-profit
performance
11 (a). HCD compiles
annual CAPER
11 (b). HCD submits
CAPER to Committee /
Commission Approval
cycle prior to
submission (including
15-Day Comment
Period)
11(c). HCD submits
annual CAPER to HUD
Administrative Services Committee Meeting
12/10/2019 1:20 PM
HCD_ Request to Approve HCD’s FY 2020 Contract Procedural Process
Department:HCD
Presenter:
Caption:Motion to approve Housing and Community Development
Department’s (HCD's) contract procedural process (as presented
for calendar year 2020).
Background:Each year the Augusta, Georgia receives Community
Development Block Grant (CDBG), Emergency Solutions Grant
(ESG), HOME Investment Partnerships (HOME) and Housing
Opportunities for Persons with AIDS (HOPWA) funds from the
U.S. Department of Housing & Urban Development
(HUD). These funds are used to fund agencies and projects to
assist low-income persons and revitalize low-income
neighborhoods. The Housing and Community Development
(HCD) Department annually solicits for proposals from agencies
and develops CDBG, ESG, HOME and HOPWA budgets which
are incorporated into the City’s Annual Action Plan. To carry
out these projects, HUD requires the City to have agreements
with the agencies carrying out the activities described in the
Annual Action Plan. Furthermore, there are a couple HUD
forms /Banking Documents that only require a single authorized
official signature. These documents, specifically a) Forms HUD-
7082, and b) HUD-40093 shall be authorized for execution by
the Mayor (as Augusta, GA’s HUD Certified Official). To
facilitate the execution of agreements/contract process, we
propose the utilization of our attached Agreement/Contract
procedural process (see attached).
Analysis:The submitted procedural process provides fluency and keeps
the Augusta, GA Commission engaged of Housing and
Community Development’s (HCDs) progress and projects.
Financial Impact:The City receives funding from the US Housing and Urban
Development Department on an annual basis. Last year's HUD
agreements granted the City the use of CDBG funds in the
amount of $1,773,043, HOME Investment Partnership funds in
the amount of $992,568, Emergency Solutions Grant funds in
the amount of $148,479, and Housing Opportunities for Persons
with AIDS funds in the amount of $1,059,712.
Alternatives:Do not approve HCD's agreement/contract procedural process
ask.
Recommendation:Motion to approve Housing and Community Development
Department’s (HCD's) contract procedural process (as presented
for calendar year 2020).
Funds are
Available in the
Following
Accounts:
Housing and Urban Development (HUD) Funds: - Community
Development Block Grant (CDBG), Emergency Solutions Grant
(ESG), HOME Investment Partnership Grant (HOME) and,
Housing Opportunities for Persons with AIDS (HOPWA) funds.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
LANEY WALKER/BETHLEHEM
CONTRACT PROCEDURAL PROCESS
Recommended Motion:
Motion to approve the Laney Walker/Bethlehem Revitalization Project contract procedural process (as
presented for calendar year 2020)
1. Laney Walker/Bethlehem Revitalization Bond Issuance Commenced
a. First Bond Issuance ($8M)_2010 (approved by Augusta, GA Commission/URA)
b. Second Bond Issuance ($2M)_2015 (approved by Augusta, GA Commission/URA)
c. Bond funds are expended to a)facilitate commercial and residential development, b)maintenance and
marketing incentives, c)construction & construction related activities, d)other
2. HCD presented to the Augusta, GA Commission (Committee-Commission cycle), the Laney
Walker/Bethlehem Redevelopment Plan for review, approval/denial
a. Approved by Augusta, GA Commission_2009
3. HCD engaged local citizens through a Citizen Participation process to present and provide annual updates to
the Laney Walker/Bethlehem Redevelopment Plan (continued annually)
4. HCD submitted RFQ/RFP/ITB solicitation (via the Augusta, GA Procurement Office) to procure a certifiable
service (development, construction, A&E, marketing, real estate services, property management, etc.) within
the LW/B Area. If RESIDENTIAL, HCD (through partnerships) strategically implements Community
Economic Development developmental activities in accordance with the Laney Walker/Bethlehem
Redevelopment
Plan
a. HCD/Procured Developer identify potential projects, funding and set budgets
b. Procured Developer submit bids for specified projects of interest (via defined project task order)
c. Lowest/Best Bid is reviewed/vetted appropriately (internally)
d. If Augusta, GA Commission approved, HCD moves forward with entering into a contract agreement for
residential development/construction
5. If COMMERCIAL/RETAIL, HCD (through partnerships) strategically implements Community Economic
Development commercial/retail/small business activities in accordance with the Laney Walker/Bethlehem
Redevelopment Plan,
a. HCD/Procured Developer/Real Estate Brokerage Services Company identify potential project(s)
b. Potential Project is reviewed/vetted appropriately (internally)
Housing and Community Development
510 Fenwick St - Augusta, GA 30901
(706) 821-1797 – Fax (706) 821-1784 www.augustaga.gov
Housing and Community Development Departme nt
Hawthorne E. Welcher, Jr. Shauntia Lewis
Director Deputy Director
LW/B_ Contract Procedural Approval Process Page 2
i. HCD invites procured developers to bid on specified project (via defined project task order), or
ii. HCD begins negotiations (sole source) with procured developer that has project concept expertise
e. HCD moves forward with the lowest/best bid/sole sourced developer and enters into a contract agreement
for commercial/retail/small business development
7. If OTHER, HCD strategically implements RFQs/RFPs/ITBs (via Augusta, GA Procurement Department) in
accordance with the Laney Walker/Bethlehem Redevelopment Plan
a. If respective RFQ/RFP/ITB is Augusta, GA Commission approved, HCD moves forward with proper
execution of the contract agreement, led by the RFQs/RFPs/ITBs Scope of Service
b. Other: A&E, Marketing Services, Real Estate Brokerage Services, Property Management, etc.
8. Once the LW/B Procured Developer/Partner has executed their Agreement, the Agreement is returned/signed
by HCD Director, then submitted to Law Department for review and approval as to form; then forwarded to
the Administrator and Mayor for execution on behalf of Augusta, GA
9. The fully executed agreement is then returned to HCD and a copy is provided to the procured
developer/partner
10. The procured developer/partner will schedule a NTP and pre-development meeting with HCD before
beginning
11. Procured Developer/Partner moves to carry out the activities described in their agreement, reports
performance to HCD on an on-going basis, and is monitored for compliance periodically throughout the
project.
Recommendation Motion:
Motion to approve the Laney Walker/Bethlehem Revitalization Project contract procedural process (as
presented for calendar year 2020)
*See LW/B Procedural Process Memorandum for detailed explanation of steps *Green boxes denote ARC Commission Action 26 Nov. 2019
HCD LW/B CONTRACT PROCEDURAL PROCESS FLOW CHART
1. Augusta, GA LW/B
Revitialization Bond
Issuance Commenced
2. HCD presented
Commission LW/B
Redevelopment Plan -
Approved by
Commission in 2009
3. HCD engage local
constituents through
Citizen Participation
process
4. HCD submitted
RFQ/FRP/ITB solicitation
through Procurement
4(b). HCD presents
successful RGQ/RFP/ITB
solicitations to
Commission for
review/approval/denial
5. If Residential,
Lowest/Best Bid
submitted to
Commission for
review/approval/denial
6. If Commercial /
Retail, potential project
presented to
Commission for
review/approval/denial
6(a). HCD moves to
procure developers for
approved projects
through bidding on
defined task orders or
sol source negotiation,
as appropriate
7. If other, HCD
strategically
implements
RFQs/RFPs/ITBs
through procurement in
accordance with LW/B
Redevelopment Plan
8. HCD executes
Agreements with
approved Procured
Developer/Partner
8(b). HCD forwards
executed
Developer/Partner
Agreement to Legal,
Mayor and
Adminstrator for
review/execution
9. Fully executed
Agreement returned to
HCD
10. Procured Developer
/ Partner schedules NTP
and predevelopment
meeting with HCD
before beginning
project
11. Procured
Developer / Partner
moves to carry out the
activities described in
Agreement, reports
performance to HCD
(on-going) and is
monitored for
compliance periodically
throughout the project.
Administrative Services Committee Meeting
12/10/2019 1:20 PM
HCD_ Request to Approve HCD’s LW/B 2020 Contract Approval Process
Department:HCD
Presenter:Hawthorne Welcher Jr. and/or HCD Staff
Caption:Motion to approve HCD's Laney Walker/Bethlehem
Revitalization Project contract procedural process (as presented
for calendar year 2020).
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 homebuyers, selected a team of development
partners to focus on catalytic change, and created a marketing
strategy to promote the overall effort. To date, HCD (via
partnership) continues impactful community developmental
activities in seven (7) developmental nodes with continued focus
on a Community Economic Development strategy centered
around housing, commercial, retail, job creation, and a
wraparound supportive service network. To facilitate the
execution of our agreements/contract process, we propose the
utilization of our attached Agreement/Contract procedural
process (see attached).
Analysis:The submitted procedural process provides fluency and keeps
the Augusta, GA Commission engaged of Housing and
Community Development’s (HCDs) progress and projects.
Approval of the proposed procedural process will enable
continued redevelopment within the Laney Walker/Bethlehem
neighborhoods.
Financial Impact:Not Applicable
Alternatives:Do not approve HCD’s LW/B Agreement/Contract procedural
process ask.
Recommendation:Motion to approve HCD's Laney Walker/Bethlehem
Revitalization Project contract procedural process (as presented
for calendar year 2020).
Funds are
Available in the
Following
Accounts:
Laney Walker/Bethlehem Project Funding. - BOND Fund
298000000
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Administrative Services Committee Meeting
12/10/2019 1:20 PM
401 Walton Way
Department:
Presenter:Commissioner Marion Williams
Caption:Discuss the usage of the former JLEC, 401 Walton Way
building. (Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
-fr
.t
Administrative Services Committee Meeting Commission Chamber - lllT2l20l9
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 Item
one new Compact, All-Wheel Steer Loader at a cost of $68,038.50 from Action:
Bobcat of Augusta, GA. Bid Item 19-207 Approved
Motions
f#:'" Motion Text Made By seconded By
Motion to
Approve approve.
Motion Passes 4-0.
2. The Utilities Department-Facilities Maintenance Division requests the ltem
purchase of one replacement truck, with a utility service body, at a cost of Action:
$105,764.00 from Nextran Truck Center, Macon, Georgia. Bid Item 19-260 Approved
Commissioner Commissioner
Bobby williams John clarke Passes
Motion
Result
Motion
Result
Motions
Motion Motion TextIype
Motion to
Approve approve.
Motion Passes 4-0.
Made By Seconded By
Commissioner Commissioner
Bobby Williams Mary Davis Passes
3. Motion to approve the purchase of Caterpillar model D-8T WFVW GPS Item
Dozer, bid item #19-266, from Yancey Brothers as the compliant bidder with Action:no exceptions. (No recommendation from Engineering Services Approved
Committee October 29, 2019 - referred from
meeting)
November 5 Commission
4. Discuss with CVB and Film Augusta and other film industry experts about Item
401 Walton Way importance to the filming industry. (Requested by Action:
Commissioner Brandon Garrett) Approved
Motions
ryJ:" Motion rext
Motion to delete this
Delete item from the agenda. uommlssloner
tvtotion pa;;;r il."- John clarke
seconded By ffJil
Commissioner
Mary Davis Passes
MotionSeconded By Result
Motion to refer this item
to the full Commission
with no
recommendation. Mr.
Clarke abstains.
Motion Passes 3-0 -1.
Made By
Made By
Commissioner
Mary Davis
Commissioner
Bobby Passes
Williams
Motions
f#:" Motion rext
Defer
5. Mr. Donald E. D'Antignac regarding employee pension benefits and Item
other issues as stated on the attached AIRF. Action:
None
Made Seconded Motion
By By Result
Presentation was made by Mr.
D'Antignac.
6. Motion to give the Administrator permission to approve and sign off on all Item
Homebuyer Assistance Program (DPA, Homebuyer Subsidy, Employee Action:
Incentive, and Next Door program) funding requests from Housing and Approved
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 apart of the American Dream.
Motions
ryJ:"' Motion rext
Motion to delete this
Delete item from the agenda, commissioner commissioner
Motion passes 4-0. John clarke Mary Davis Passes
7. Motion to authorlze amending the 2018 Community Development Block Item
Grant (CDBG) Agreement between Augusta, Georgia and the Boys and Girls Action:
Club of the CSRA - Heritage Academy site, specifically $3,700 in expenses Approved
from the Training line item to the Personnel line item in the Agreement.
Motions
f#:" Motion rext
Motions
X:l:"' Motion rext Made Byrype Seconded By Motion
Result
Commissioner Commissioner
Mary Davis Bobby Williams rasses
Made By Seconded By Motion
Result
Motion
Result
Motion
Result
Passes
Motion to
Approve approve.
Motion Passes 4-0.
8. Motion to approve Housing and Community Development Department's ltem
(HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding Action:
to contract with J. Lovett Homes & Construction for the reconstruction of Approved
driveway at 1246 Pine Street.
Motions
f#:" Motion Text Made By seconded By
Motion to
Approve approve.
Motion Passes 4-0.
Commissioner Commissioner
Mary Davis Bobby williams Passes
9. Motion to approve Housing and Community Development Department's Item
(HCD's) request to provide contract with Antioch Ministries to construct three Action:(3) affordable, residential units on Perry Avenue (within Laney Walker Approved
Bethlehem) Warrick Dunn $fD) Communities.
Motions
f#:" Motion rext
Approve
Made By Seconded By
Motion to Commissioner Commissionerapprove. Mary Davis Bobby Williams
Motion Passes 4-0.
10. Motion to approve the minutes of the Administrative Services Committee Item
held on October 29,2019. Action:
Approved
Motions
f#:" Motion Text Made By seconded By Hiii
Motion to commissioner commissionerApprove approve. .-;;::.;^^^-' ;:;:;,;;,,;*^ Passes
Motion passes 4-0. MutY Davis Bobby williams
www.ausustasa.sov
Administrative Services Committee Meeting
12/10/2019 1:20 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Administrative Services
Committee held on November 12, 2019.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Administrative Services Committee Meeting
12/10/2019 1:20 PM
Protest for RFP 19-273 - 401 Walton Way Demolition
Department:Procurement
Presenter:Geri Sams
Caption:Protest Discussion – A request by William J. Keogh, III,
attorney with Hull Barrett representing Jackson Demolition to
protest the decision of deeming their Request for Proposal as
Non-Compliant in reference to RFP 19-273 401 Walton Way
Demolition Augusta Central Services Department.
Background:On Thursday, September 12, 2019, 3:00 p.m., the Procurement
Department opened all RFPs received on RFP 19-273. The
department received seven (7) responses. Five (5) of the
responses were received as compliant. Two (2) vendors
submitted packages, which were deemed as non-compliant for
not including the correct number of copies. Each vendor was
required to submit one (1) original and seven (7) copies of their
proposal. Due to the lack of the required number of copies being
submitted the vendor was deemed as non-compliant. After
review of the RFP process and review of the specifications, RFP
19-273 clearly state on the cover page, page 10, page 14 and
page 16 that vendors were required to submit an original and
seven copies. A mandatory pre-proposal conference was also
held on Friday, August 16, 2019 where this requirement was
reiterated by the Procurement Department’s representative
during the pre-proposal conference.
Analysis:The RFP documents were reviewed by the Procurement
Department for completeness. The RFP package received from
Jackson Demolition was reviewed and deemed as non-compliant
because they did not submit the correct number of copies as
required.
Financial Impact:None
Alternatives:Waiver his non-compliant status as a technicality and accept the
RFP to be included in the evaluation process.
Recommendation:Deem the RFP submittal from Jackson Demolition as non-
compliant and resume the RFP process for the five (5) submittals
that were considered compliant for evaluation and
recommendation of award to the Commission.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Administrative Services Committee Meeting
12/10/2019 1:20 PM
Request to deny the protest from Flint Equipment Co.
Department:Procurement
Presenter:Geri A. Sams
Caption:Protest Discussion – A request by Flint Equipment Co. (Chuck
Atkins) to protest the decision of the Environmental Services
recommendation of the award of Bid Item 19-226 Waste
Handler Dozer to Yancey Brothers.
Background:On Thursday, May 17, 2019 11:00 a.m., the Procurement
Department opened all bids received on Bid 19-226. The
department received two (2) responses and one (1) no bid
response. The two (2) responses were received as compliant
bids. Flint Equipment Company took twelve (12) exceptions to
the dozer bid specifications. The Procurement Department
received a protest letter from Flint Equipment on October 25,
2019 protesting the award recommendation. Procurement
denied the protest on November 7, 2019. An appeal request was
received by Flint on November 11, 2019.
Analysis:The bid documents were reviewed by the Procurement
Department for completeness. The responsive bid packages
received was sent to the Environmental Services for review and
recommendation of award. After review, the Environmental
Services made a recommendation that the award be to Yancey
Brothers.
Financial Impact:None
Alternatives:None
Recommendation:Deny the bid protest and move forward with the department
recommendation of award of Bid Item 19-226 Waste Handler
Dozer to Yancey Bros.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission