Loading...
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 $262,495.21. Delivery Method We understand that the City desires to use the procurement of Columbia Ventures, LLC as developer for the Beacon Station project as well as our procurement of the General Contractor, Block Builders, to implement the work. We are prepared to add this off-site scope of work to our existing Contract via Change Order with the General Contractor pending your approval of the proposed cost and scope. The Change Order is attached as Exhibit C. 1718 Peachtree Street NW I Suite 6841Atlanta I Georgia | 3O3O9 Timeline From the issuance of a Notice to Proceed on the work we expect the total timeline for installation to take approximately 6 - 8 weeks. We are prepared to get started immediately pending approval from the City of Augusta. Exhibits Exhibit A - For Construction Engineering Plans Exhibit B - Georgia Power Street Light Proposal Exhibit C - Block Builders Hard Cost Change Order Proposal '1718 Peachtree Street NW I Suite 684 | Atlanta I Georgia | 3O309 !d E ]r, d. it z o z 6 o ts!t 5 tlt !iil IFIZd92 zo:r;lllleZi<:tr; U & c0 n tA =va aa --1,dE HE HEs=< << <<a>q iq eqBi efr efrs -*6EEEx ;o xE xE. _i.i 6q uL uai+i-! )?P Es?!-4$a E:Fl-s3=plr , iiiUd;;FIIHI H EE s=n9FsEfsi i 2iE - 4- 5 E>< + <F E oFo 6a i dd + d6 ct lli <F o bt{od& B .8 E<7.i F V) E]& F "Z9rI]e>i<rm Flo() aFzH H o&0r R oil r!Fa Itrrtrro HO F]0r &az )otrr & z IEzio U z Q i \Nd AU\il^U,iU)S NOISIASU T 1 It a t 6t {dl!*ruilzflrq-pr|e.EE5S{e go[At6-glxm-s3lilill NoiiNiir I '-V) sgJoN'IYU"{NI|I-J XU(INI .l,uu}rs SJNSI^IgAOUdI^tI xvou srls-.{.{o scv-Id .f,uoNnoi ii !rEts tt5 6 iI T :a a I T II 6 I EtI !l I: 1l IE ErsEr! EiEt;. !Hirt i!: raI:t8 EElb ;tt!lt tl, tn !ir{ !E TE ,tbErl t; IIilae irItI! iE rEIt hE !E 6E !. rlII EE E aI a II II! a E E Ir IIE EEE aItaI E tI H T! T Ti : r E d ?I a, a 1E i ,rl ,l llaItl Il fit[t aI d 7 FI ! c 6! I! til ;E T! :I5t ilII 1t Zr E!:i fiEr; II II ,eI c a I! E! T T iE E!tb !I{Tr! iE Eb E: i5 !i ll ;E $lr:t lr[: I I a E :Es5 :i E;!r 1ltl.E EIII E; :E T<tt l6 'EIIrl ;IEt-!ll; I:E 17iaE{ iEiti: t EiI fii i:Eilr t6E E:i IiI 16! iii lc !Eir tl t;E6 tt I 3t !It I a r AE TEal E+r! il I t Ei t EriT:T TEtsl IEE t!: 5t wl I t r'oo I6 Ealr EEE 9t Itr r, ii:E I!E!! IE}EH Ii,;E I Q E Eb I t II P t .lEi !Et8 f iiEE I ln IE la 6!l. i;'iE,i'il E( O: :.t; Z t r I II r Er! ciEt:i;:!Egelllll!ll islilt lil!llili E ltIril e a, iiiilis ItI 6 ayrl IE iiII !b EE :I.T CaII6l eE!TT rlEelr8( IriEr!r?E e EIa 6 II E E EI ; Eb rl: EEir!x ;iI t i J I a rl !! iI I aI E a.3"h,:t !!; T?' !EI iE* ri;i Jo+* Ol.D.e![, E.[[E' n..\r]\ @gadrym<flrqa!.tlm.aAUfirI{ED rcmna -stNm -sttNtoxt NoisNiu, I <V> SNOIJIONOC CNIJSIXO a =lHsl:,t crt s.tNf,Ns^oudxll cvou uJrs-.{.{o scv-Id I'uoNnod ft, ffi iiitii Iirill!!ri I '.' - \ ! mililr E @I-rgErem<flrqd.tl|m.aawrylr{rye somm - slxm - Ellxtoxt NoiiNirir | +) sNv'rd NolJcoursNoc t $ 2 s,tNGIItrAOUdI^II GVOU urs-.{.{o sc\r-Id ruoNoo.{ 3,, ! EI E+ Ei e1il i.6 rl .l EI !E Zz iE6a Et iE i! lt tfu itE F s a t a a I E I a 3 I a 3 I aI I E g 3 g ileI e3 € EiE . lli\ rll ri !:\ E!l\rl!Hl !is!:l lEi fl;,' i ai ldr I ##mfffr, NoiiNiur | (V) S'IIV.TSC NOITCNUJSNOC !i I ro SJNSI,1IUAOUdXII ovou sJrs-JJo ocvTd I'uoNnoJ !r, Fl Bit<t9.t":t. ol ol s clzl xl 8l ?. dp zlA l6 IE IEta !; IE Noii'iii,i r I d) e.!mlg.aBZflGtd.grytatiahl{ED rculr - alxm - sllxtoxt sNt/'Id'IouINoS NOISOUS 1 a d B (o SJNSnSAOUdIU !r,0r AD /il rUFQ d a F Fa o Er,!lEErlir IsiiiEEi;EEE iilfu!IIEIIfiI Iiii ff Ift iii fu II iiiI iifiil!I1, Iii ii liiii li*lil Ifiifi litu EItu iii iifi iii Ii lli !l! Itu ir li II il:, I:rai 1ldl: b l* Iir iri:lil ?ta ttdllilljEliijllilriftiiifilliiffi#iffiIirlffft .t t-rltsl EE ilEili! FiilEI B !E itEEIiiii, EEiii:;i:i "t !t Ei i6!s !{ il ;I <g B E ti*.rL*{tq' E 5!9e tdEi E;i-B E I e IIII ll lp !3lrt:I: tE N G E I" i (') 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 F NN+t ano) .. 4' ;aa'!.. :.lj: i,..1. . '=!,: ,. *..:.,,: ?.r:1,-. ;il.: a:l ty'..c ;g :.ola E: 3t'..(!':.9:.*'lt t;,ttrc :"(l,:aa;r::.6, i5:El: r.€:.'fr',* rft:g,fi:g, tE.(J EE'. fr:ABE, E oocioorn(.//) oeostrn oq NfY)lo l\<r> oqo6rO an oqoo 1t, ooq(\Ilr)c)o)Flv} oqoornFi(\<,\ oqooo€ 1r' Eoo t/) F{.J> ooc,(oo$'v\ oof.:rlroe <.t> o.{ rtC') Flc,l</} oqo(>(\t Fl<r1 oocta\('r {./} on(n rn t,)r,1 (/} c(!ct EoL)EIc r!A.(t .Eo G(J G'& oo(, (noo)otYl (9 G EO \tc)rtFlxo6 ci CL dvlil! EJ.9 Ijooco i.,;Io o(J I@fi(omN roots ii@u tFroo tDN ioot\ I rnrDoo (D6r (Dol\ in trtts Eoooln I Otd IodoH q Ol coo Ft .!o aqoornH qoo6Fl q c) a6,ooFt octor q(\,Or Qocio(\ Fl a Fr (o oF d a0 (\l\c)si d rn F{r-{oF{ur or-lu)r-{rn t\ro F{ o(Drn E s 9 ah 5 tt 3 o vl U l!Vt 1t J J T j E oo-c) 3, .gp = o Eoo @.gEuoAliE!o, JIoCE i q, =(, oUo f 0,ul!o.oG l(o]oE'6 o 3q, E.!to.G.9E'cG ncg) Eo !CLoEJ(o 3q,Btt oU !)L' ai.:co E(uo e o coU I eF =oic,E o oE'(! I od o Eoo oq, =I 3.D .v(Jag 3 !J (9 €t f(J 0.,(, TE6,(uG s:uo4 3 *(0 3(l,p t.> CO c Gro e Ic(J l!c !i E Cc)o <c, Ict Ell,Ecr(! .gEc.! L uc 0.!(, Iq,Icou =iri g I E r-{r\t G ur (\m ljt (o oo -o!0, E! = 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