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HomeMy WebLinkAbout2020-01-14 Meeting Minutes Administrative Services Committee Meeting Commission Chamber - 1/14/2020 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Sias, Chairman; Clarke, Vice Chairman; B. Williams, member. Absent: Hon. Davis, member. ADMINISTRATIVE SERVICES 1. The Utilities Department requests the purchase of 4 pickup trucks and 1 small SUV for various divisions at a total cost of $148,252.00 from Allan Vigil Ford. Bid 19-280 and Bid 19-275 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes 2. Motion to approve the purchase of one 2020 Ford Transport Van for the Augusta Regional Airport for $37,091. Bid Item 19-281 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes 3. The Utilities Department - Construction Division requests the replacement of one sewer rodder truck from Jet Vac Equipment Company of Sumter, S.C. for $135,085. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes 4. The items require Commission approval due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item requires Commission approval: Utilities 20-060 Chemicals; Recreation 20-045 Athletic Clothing. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes 5. Motion to approve the five-year service agreements for the Judicial Center ($83,933.40), Webster Detention Center ($186,433.49), Municipal Building ($116,676.22) and Sheriff’s Office ($37,287.07) provided by Trane, Inc., as the original equipment manufacturer. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner Sammie Sias Passes 6. HCD & Compliance Departments Collaboration.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as Commissioner Bobby Williams Commissioner Sammie Sias Passes information. Motion Passes 3-0. 7. 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. (Referred from December 17 Commission meeting) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes 8. Motion to approve Housing and Community Development Department’s (HCD's) request to contract with Antioch Ministries to reconstruct one (1) affordable, multi-family duplex unit on Twiggs Street. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Sammie Sias Commissioner John Clarke Passes 9. Discuss the hiring process for the position of Administrator. (Requested by Commissioner Ben Hasan) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the full Commission with no recommendation. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes 10. Set the qualifying fees for Local Elective Offices up for Election in 2020. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes 11. Motion to approve the minutes of the Administrative Services Committee held on December 10, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Bobby Williams Commissioner John Clarke Passes www.augustaga.gov Administrative Services Committee Meeting 1/14/2020 1:20 PM Attendance 1/14/20 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Department: Utilities-Engineering/Admin Funds: 506-04-3110/54-22210 BID 19-280 Year 2020 2,020.00$ Brand Ford Ford Model F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 19,550.00$ 19,948.76$ THRU 11/30/2019 21,157.76$ AFTER 11/30/2019 6.01 5.0L V8 Flex Fuel engine 1,836.00$ $ 1,816.00 6.06 Super Cab (6.5 ft. bed)2,525.00$ $ 3,902.00 6.08 4X4 Option (all models)2,645.00$ $ 4,436.00 6.09 Skid Plates 155.00$ $ 146.00 6.13 Tilt/Cruise 215.00$ $ 205.00 6.14 Cab Steps (black)262.00$ $ 228.00 6.16 Power Windows/locks/mirrors 1,088.00$ $ 883.00 6.36 Spray Bed Liner 375.00$ $ 400.00 6.43 Delivery Fee 150.00$ $ 50.00 7.03 Tool Box 500.00$ $ 500.00 7.08 Window Tint, ext cab 185.00$ $ 180.00 7.14 County Emergency Package 895.00$ $ 898.00 Extra Key 225.00$ $ 58.24 OPTIONS TOTAL 11,056.00$ 13,702.24$ BASE PRICE: 19,550.00$ $ 21,157.76 TOTAL FOR OPTIONS AND BASE PRICE 30,606.00$ 34,860.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:OXFORD WHITE 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY/DARK Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones Allan Vigil Ford Department: Utilities-Construction & Maintenance Funds: 506-04-3410/54-22210 BID 19-280 Year 2020 2,020.00$ Brand Ford Ford Model F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 19,550.00$ 19,948.76$ THRU 11/30/2019 21,157.76$ AFTER 11/30/2019 6.01 5.0L V8 Flex Fuel engine 1,836.00$ $ 1,816.00 6.06 Super Cab (6.5 ft. bed)2,525.00$ $ 3,902.00 6.08 4X4 Option (all models)2,645.00$ $ 4,436.00 6.09 Skid Plates 155.00$ $ 146.00 6.13 Tilt/Cruise 215.00$ $ 205.00 6.14 Cab Steps (black)262.00$ $ 228.00 6.16 Power Windows/locks/mirrors 1,088.00$ $ 883.00 6.19 Trailer Tow Package 555.00$ $ 542.00 6.36 Spray Bed Liner 375.00$ $ 400.00 6.43 Delivery Fee 150.00$ $ 50.00 7.03 Tool Box 500.00$ $ 500.00 7.04 Trailer Hitch 150.00$ $ 170.00 7.05 Trailer Wiring See 6.19-6.20 $ 40.00 7.06 Trailer Ball 35.00$ $ 30.00 7.08 Window Tint, ext cab 185.00$ $ 180.00 7.14 County Emergency Package 895.00$ $ 898.00 Extra Key 225.00$ $ 58.24 OPTIONS TOTAL 11,796.00$ 14,484.24$ BASE PRICE: 19,550.00$ $ 21,157.76 TOTAL FOR OPTIONS AND BASE PRICE 31,346.00$ 35,642.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:OXFORD WHITE 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY/DARK Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones Allan Vigil Ford Department: Utilites-Max Hicks Filter Plant Funds: 506-04-3540/54-22210 BID 19-280 Year 2020 2,020.00$ Brand Ford Ford Model F150 F150 Delivery Date 90-120 DAYS 90-DAYS ARO Base Price 5.01 19,550.00$ 19,948.76$ THRU 11/30/2019 21,157.76$ AFTER 11/30/2019 6.06 Super Cab (6.5 ft. bed)2,525.00$ $ 3,902.00 6.08 4X4 Option (all models)2,645.00$ $ 4,436.00 6.09 Skid Plates 155.00$ $ 146.00 6.13 Tilt/Cruise 215.00$ $ 205.00 6.14 Cab Steps (black)262.00$ $ 228.00 6.16 Power Windows/locks/mirrors 1,088.00$ $ 883.00 6.34 Tailgate Step 355.00$ $ 341.00 6.36 Spray Bed Liner 375.00$ $ 400.00 6.43 Delivery Fee 150.00$ $ 50.00 7.03 Tool Box 500.00$ $ 500.00 7.08 Window Tint, ext cab 185.00$ $ 180.00 7.14 County Emergency Package 895.00$ $ 898.00 Extra Key 225.00$ $ 58.24 OPTIONS TOTAL 9,575.00$ 12,227.24$ BASE PRICE: 19,550.00$ $ 21,157.76 TOTAL FOR OPTIONS AND BASE PRICE 29,125.00$ 33,385.00$ 2018 Ford F-150 (1/2 ton) Regular Cab, 6 Cyl, 4X2 SWB EXT COLOR: Equipment included in base price:OXFORD WHITE 3.3L V6 flex fuel engine INT COLOR: 6 speed Automatic Transmission GREY/DARK Factory Installed A/C AM-FM Radio Solar Tinted Glass Power Steering/ABS Brakes Rear View back up camera Vynyl 40/20/40 Bench seat Rubber Floor Covering Full Size Spare/Step bumper Auto Lamp Headlights Short Bed (6.5 ft.) 6500 GVWR P245/70RX17 Tires Rain Sensing wipers 5.01 FOR ALL DEPARTMENTS- Pickup Truck 6500 GVWR-BIDS OPENED 10/08/2019 @ 11:00 Gerald Jones Allan Vigil Ford Department:Utilities-Engineering/Admin BID 19-275 Year 2020 2020 Brand Ford GMC Model Escape Terrain Delivery Date 90-120days 6-8weeks ARO 5.01 2020 Compact SUV, 4-Door $ 20,825.00 $ 27,642.00 6.01 4X4 Drivetrain $ 2,950.00 $ 1,600.00 6.02 Cargo Mat Area $ 88.00 $ 172.00 6.05 All Weather Mats $ 120.00 $ 200.00 6.06 Reverse Sensing $ 238.00 N/A 6.14 Delivery Fee per Vehicle $ 150.00 $ - 7.7 County Emergency Equipment Package $ 1,458.00 $ - OPTIONS TOTAL $ 5,004.00 $ 1,972.00 TOTAL FOR OPTIONS AND BASE PRICE 25,829.00$ 29,614.00$ FOR ALL DEPARTMENTS- 2020 Compact SUV-BIDS OPENED 9/6/19 @ 11:00 Master Buick GMCAllan Vigil Ford Funds: 506-04-3110/54-22210 Administrative Services Committee Meeting 1/14/2020 1:20 PM 2020 - Utilities Department Pick-Up Trucks Department:Central Services Department - Fleet Management Division Presenter:Ron Crowden Caption:The Utilities Department requests the purchase of 4 pickup trucks and 1 small SUV for various divisions at a total cost of $148,252.00 from Allan Vigil Ford. Bid 19-280 and Bid 19-275 Background:The Utilities Department - Engineering Division is requesting the replacement of a 2001 Ford Ranger, asset number F00146, with a 2020 Ford Escape that will be used by the Engineering Manager to transport employees and inspect various project sites. They are also requesting the replacement of a 2001 Ford Ranger, asset number F00145, with a 2020 Ford F150 to be used by the Engineering Survey Technician to survey/perform locates for new and existing projects. The Construction Maintenance Division is requesting the purchase of two new 2020 Ford F150 for a Collection Coordinator and a Preventative Maintenance Superintendent. The Max Hicks Filter Plant is requesting the replacement of one 2005 Ford Ranger, asset number 205069 that will be used by the Plant Manager to maintain four water plants and oversee twelve operators. Bid Tab Sheets and vehicle evaluations are attached. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2020 6500 GVWR Pick-up Truck (Bid #19-280). Invitations to Bid were sent to 18 vendors with three vendors responding and one being non-compliant. Bid tab sheets are attached for your review. Bid# 19-280: 2020 Ford F150 – Allan Vigil Ford - $30,606; Gerald Jones – $34,860 Bid# 19-280: 2020 Ford F150 – Allan Vigil Ford - $31,346; Gerald Jones – $35,642 Bid# 19-280: 2020 Ford F150 – Allan Vigil Ford - $29,125; Gerald Jones – $33,385 The Procurement Department published a competitive bid using the Demand Star application for 2020 Compact Sport Utility Vehicle (Bid #19- 275). Invitations to Bid were sent to 20 vendors with two vendors responding. Bid tab sheets are attached for your review. Bid# 19-280: 2020 Ford Escape – Allan Vigil Ford - $25,829; 2020 GMC Terrain - Master Buick - GMC – $29,614 Financial Impact:1 – 2020 Ford F150 @ $30,606; 2 – 2019 Ford F150 @ $31,346each; 1 – 2020 Ford F150 @ $29,125; and 1 – 2020 Ford Escape @ $25,829. The total for purchase orders designated to Allan Vigil Ford is $148,252. (ACCT # 506-04- 3110/54-22210 = $56,435, ACCT# 506-04-3410/54-22210 = $62,692, & ACCT# 506-04-3540/54-22210 = $29,125) Alternatives:(1) Approve the request; (2) approve the request in part; (3) do not approve the request. Recommendation:Approve the purchase of 4 - Ford F150s and 1 – Ford Escape for the Utilities Department. Funds are Available in the Following Accounts: ACCT # 506-04-3110/54-22210 = $56,435, ACCT# 506-04- 3410/54-22210 = $62,692, & ACCT# 506-04-3540/54-22210 = $29,125 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, October 8, 2019 @ 11:00 a.m. for furnishing for Augusta, GA Central Services Department - Fleet Maintenance Bid Item #19-280 2020 6500GVWR Pickup Truck Bid Item #19-281 2019/2020 15 Passenger Van Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 20, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 29, September 5, 12, 19, 2019 Metro Courier August 29, 2019 OFFICIAL VENDORS Allan Vigil 6790 Mount Zion Blvd Morrw, GA 30260 Master Buick GMC 3710 Washington Rd Augusta, GA 30907 Wade Ford 3860 South Cobb Dr Smyrna, GA 30080 Attachment B Yes Non-Compliant Not Notarized Yes E-Verify Number 94460 665555 314470 SAVE Form Yes Non-Compliant Not Notarized Yes Year 2020 2020 2020 Make Ford GMC Ford Model Transit T350 Savana Transit Approximate Delivery Schedule Feb-20 Est. 20-24 wks 5.01 15 Passenger Van w/ Meduim Roof $35,891.00 $33,796.00 $35,328.00 5.02 15 Passenger Van w/ High Roof $38,173.00 No Bid $36,598.00 6.01 Amber Emergency Light $650.00 No Bid $493.00 Exceptions Exceptions 15 Passenger Van: Total Number Specifications Mailed Out: 18 Total Number Specifications Download (Demandstar): 1 Total Electronic Notifications (Demandstar): 19 Mandatory Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Non-Compliant: 1 5.00 Vehicle/Optionals Required: 6.00 Outfitter Specialty Items Installed: Bid Opening Bid Item #19-281 2019/2020 15 Passenger Van for Augusta, Georgia- Central Services Department - Fleet Maintenance Division Bid Due: Tuesday, October 8, 2019 @ 11:00 a.m. Page 1 of 1 Administrative Services Committee Meeting 1/14/2020 1:20 PM 2020 Airport Passenger Van Department:Central Services Department - Fleet Management Division Presenter:Ron Crowden Caption:Motion to approve the purchase of one 2020 Ford Transport Van for the Augusta Regional Airport for $37,091. Bid Item 19-281 Background:The Augusta Regional Airport is requesting the purchase of one 15-Passenger Van to accommodate passenger and crew members traveling through the General Aviation Facility. The current airport shuttle became inoperable in mid-2018 and not repaired. The Augusta Regional Airport Commission has approved this purchase per the attached memorandum. The van will be purchased using GMA Lease. Analysis:The Procurement Department published a competitive bid using the Demand Star application for 2019/2020 15 Passenger Van (Bid #19-281). Invitations to Bid were sent to 18 vendors with two vendors responding. Bid tab sheets are attached for your review. Financial Impact:1- 2020 Ford T350 Van @ $37,091. (GMA LEASE ACCT# 631-10-1110/54-99631) Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one 15-Passenger Van at $37,091 for the Augusta Regional Airport to be purchased using GMA Lease. Funds are Available in the Following Accounts: (GMA LEASE ACCT# 631-10-1110/54-99631) REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission BID 19-287 Year 2020 Make Sewer Equipment Model 866 Base Price (5.00)$119,586.00 Delivery Date 180-240 Days ARO 5.02 4 x 4 Drive $2,800.00 5.03 High Capacity Trailer Tow Pkg $600.00 5.04 Trailer Tow Mirrors, Manual Operation STANDARD 5.05 Limited Slip Option $380.00 5.06 Dual Alternators $135.00 5.08 Traffic Safety Triangles (3 EACH)STANDARD 5.10 User Manual For Chassis STANDARD 5.12 Initial Operator Training INCLUDED 5.14 3 Sets of Keys/Toolbox Keys $260.00 6.07 Footage Indicator $441.00 7.01 Compartment Light $354.00 7.03 Plug-in Spotlight $332.00 7.04 Vehicle Mounted Arrow Board $1,251.00 8.01 1500 Feet of Continuous Rod $2,010.00 8.02 20' Hose Guide $987.00 8.03 Hose Guide Bell $166.00 8.06 Two Root Saws $556.00 8.07 Two Augers (4" AND 5")$495.00 8.11 Torque Wrench $350.00 8.12 Rod Bending Kit $240.00 8.14 Connector C-Plugs $312.00 8.15 12-Volt Operator's Station $250.00 8.19 100' Sewer Tape $1,390.00 8.21 Tool Box $1,000.00 9.03 Spotlights $890.00 9.05 Window Tint $300.00 GRAND TOTAL:$135,085.00 FOR ALL DEPARTMENTS-SEWER RODDER TRUCK- BID OPENING 10/25/19 @ 11:00 Specialty Item Description Jet-Vac Equipment Company Invitation to Bid Sealed bids will be received at this office until Friday, October 25, 2019 @ 11:00 a.m. for furnishing for: Bid Item #19-287 Sewer Rodder Truck for Augusta, GA – Central Services Department - Fleet Maintenance Division – Commodity Codes: 04-072-00 Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, October 11, 2019 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of ninety (90) days after bids have been opened, pending the execution of contract with the successful bidder. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 19, 26, October 3, 10, 2019 Metro Courier September 19, 2019 Administrative Services Committee Meeting 1/14/2020 1:20 PM 2020 Sewer Rodder Truck Department:Central Services Department - Fleet Management Division Presenter:Ron Crowden Caption:The Utilities Department - Construction Division requests the replacement of one sewer rodder truck from Jet Vac Equipment Company of Sumter, S.C. for $135,085. Background:The Utilities Department - Construction Division is requesting to purchase a replacement sewer rodder truck to remove sludge, obstructions and tree roots within the sewer system. The loss of Asset # F02132, which was a Ford F-450 sewer rodder truck, has left a shortage within the Construction Division. This negatively affects their ability to handle pipe obstructions that occur. The vehicle which is being replaced, asset # F02132, was a Ford F-450 sewer rodder truck that was initially acquired in 2003 at a cost of $63,047. The vehicle was recommended for disposal and sold on GovDeals.com after the engine failed on the vehicle in June 2019. At the time of disposal, the vehicle accumulated 122 work orders totaling over $39,844 in repairs. The mileage on the vehicle at the time of disposal was 90,514 miles. Analysis:The Procurement Department published a competitive bid using the Demand Star application for a Truck, Sewer Rodder. Invitations to bid were sent to fifteen (15) vendors. The vendor, Jet-Vac Equipment Company, from Sumter, SC was the only responding vendor and offered the requested product with necessary specifications. The Procurement Department published a competitive bid using the Demand Star application for a Truck, Sewer Rodder. Invitations to bid were sent to fifteen (15) vendors. The vendor, Jet-Vac Equipment Company, from Sumter, SC was the only responding vendor and offered the requested product with necessary specifications. Financial Impact:One (1) – 2020 Ford F550 Truck with Modell 866 Sewer Rodder Body @ $135,085.00 each. The total purchase is $135,085.00 for the Utilities-Construction Division. The equipment will be purchased with capital funds (ACCT# 506-04-3410/54.22910). Alternatives:(1) Approve the request; (2) Do not approve the request Recommendation:Approve the purchase of one – 2020 Ford 550 Truck, Sewer Rodder for the Utilities-Construction Division. Funds are Available in the Following Accounts: Utilities Department Capital Funds: 506-04-3410/54.22910 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 1/14/2020 1:20 PM 2020 Annual Bid Recommendation of Award Department:Procurement Presenter:Geri A. Sams Caption:The items require Commission approval due to the fact that purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item requires Commission approval: Utilities 20-060 Chemicals; Recreation 20-045 Athletic Clothing. Background:Each item has been bid through the sealed bid process as directed in the Augusta Procurement Code. The User Departments have reviewed the submittals and has presented a recommendation of award to the Procurement Department. Analysis:The User Departments are responsible for the purchase of the items listed on the individual bids. Financial Impact: Alternatives:Not to award and require the User Departments to follow the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Approve the recommendation as submitted by the User Departments. Funds are Available in the Following Accounts: Various funds provided by the User Departments. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 1/14/2020 1:20 PM Equipment Service Agreements Department:Central Services Department Presenter:Takiyah A. Douse Caption:Motion to approve the five-year service agreements for the Judicial Center ($83,933.40), Webster Detention Center ($186,433.49), Municipal Building ($116,676.22) and Sheriff’s Office ($37,287.07) provided by Trane, Inc., as the original equipment manufacturer. Background:The previous five year service agreement contracts for the Webster Detention Center, Sheriff’s Office, Judicial Center, and Municipal Building expired on December 31, 2019. The absence of this service contract will leave the HVAC chiller equipment at these facilities susceptible to out of contract expenses, should a need for service arise. The equipment warranty will be void if any other vendor services the equipment. As the original equipment manufacturer, Trane, Inc. is able to provide Augusta preferential service agreements that will aid in limited down time, expedited parts, and timely recurring preventative maintenance. Analysis:Each contract is for five years and includes advanced diagnostic data, annual equipment inspections, quarterly operating inspections, refrigerant usage reports and 24 hours a day service. Proper equipment maintenance can save time and money, by minimizing unscheduled repairs and/or service calls. Financial Impact:Year 1 Total Cost $ 79,924.53 • RCSO Admin $ 7,023.19 • Judicial Center $ 15,809.24 • Webster Detention $ 35,115.60 • Municipal Building $ 21,976.50 Year 2 Total Cost $ 82,322.28 • RCSO Admin $ 7,233.89 • Judicial Center $ 16,283.52 • Webster Detention $ 36,169.07 • Municipal Building $ 22,635.80 Year 3 Total Cost $ 84,791.93 • RCSO Admin $ 7,450.90 • Judicial Center $ 16,772.02 • Webster Detention $ 37,254.14 • Municipal Building $ 23,314.87 Year 4 Total Cost $ 87,335.68 • RCSO Admin $ 7,674.43 • Judicial Center $ 17,275.18 • Webster Detention $ 38,371.76 • Municipal Building $ 24,014.31 Year 5 Total Cost $ 89,955.66 • RCSO Admin $ 7,904.66 • Judicial Center $ 17,793.34 • Webster Detention $ 39,522.92 • Municipal Building $ 24,734.74 Alternatives:Year 1 Total Cost $ 79,924.53 • RCSO Admin $ 7,023.19 • Judicial Center $ 15,809.24 • Webster Detention $ 35,115.60 • Municipal Building $ 21,976.50 Year 2 Total Cost $ 82,322.28 • RCSO Admin $ 7,233.89 • Judicial Center $ 16,283.52 • Webster Detention $ 36,169.07 • Municipal Building $ 22,635.80 Year 3 Total Cost $ 84,791.93 • RCSO Admin $ 7,450.90 • Judicial Center $ 16,772.02 • Webster Detention $ 37,254.14 • Municipal Building $ 23,314.87 Year 4 Total Cost $ 87,335.68 • RCSO Admin $ 7,674.43 • Judicial Center $ 17,275.18 • Webster Detention $ 38,371.76 • Municipal Building $ 24,014.31 Year 5 Total Cost $ 89,955.66 • RCSO Admin $ 7,904.66 • Judicial Center $ 17,793.34 • Webster Detention $ 39,522.92 • Municipal Building $ 24,734.74 Recommendation:Motion to approve the five-year service agreements for the Judicial Center ($83,933.40), Webster Detention Center ($186,433.49), Municipal Building ($116,676.22) and Sheriff’s Office ($37,287.07) provided by Trane, Inc., as the original equipment manufacturer. Funds are Available in the Following Accounts: RCSO Admin; 101016216 Judicial Center; 101016215 Webster Detention Center; 101016213 Municipal Building; 101016211 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 1/14/2020 1:20 PM HCD & Compliance Collaboration Department:Compliance Presenter:Treza Edwards Caption:HCD & Compliance Departments Collaboration. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Administrator Law Finance Compliance 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! 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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,, ! 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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'(! 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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 1/14/2020 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. (Referred from December 17 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And ANTIOCH MINISTRIES in the amount of $309,000.00 USD Three Hundred and Nine Thousand Dollars and 00/100 for Fiscal Year 2019 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1420 Twiggs Street THIS AGREEMENT (“Contract”), is made and entered into as of the day of ________ 2019 (“the effective date”) by and between Augusta, Georgia, a political subdivision of the State of Georgia (hereinafter referred to as “Augusta”), acting through the Housing and Community Development Department (hereinafter referred to as “AHCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Antioch ministries, a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "ANTIOCH MINISTRIES” as party in the second part. In order to establish the background, context and frame of reference for this Agreement and to manifest the objectives and the intentions of the respective parties herein, the following statements, representations and explanations are set forth. Such statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions, which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, Augusta wishes to increase homeownership opportunities and preserve and increase the supply of affordable/market rate housing for eligible families; and WHEREAS, Augusta wishes to enter into a contractual Agreement with ANTIOCH MINISTRIES for the administration of eligible affordable and market rate housing development activities utilizing Laney Walker Bond Financing; and WHEREAS, Title I of the Housing and Community Development Act of 1974, P. L. 93-383 (hereinafter the “Act”) consolidated several existing programs for community development into a Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 2 single program of Community Development Block Grants (hereinafter “CDBG”) for the purpose of allowing local discretion for the determination of needs and priorities of community development. Through citizen participation workshops and the adoption of the City of Augusta Community Development Annual Plan, the citizens of the City and the Mayor and City of Augusta, Georgia Board of Commissioners, determined the needs and priorities of community development in the City as set forth below. WHEREAS, Pursuant to HUD regulations at 24 CFR 570.200 (a), certain projects were included in the City’s CDBG submission to HUD, referred to as the Annual Plan. The City determined that the projects included in the Annual Plan each addressed one or more of the following three national objectives: (a). Activities benefiting low- and moderate-income persons; (b). Activities which aid in the prevention or elimination of slum and/or blight; and/or, (c). Activities designed to meet community development needs having a particular urgency. WHEREAS, the City’s Minor Major Home Repair Program is a CDBG eligible activity as it addresses one or more of these objectives. WHEREAS, ANTIOCH MINISTRIES has been selected and approved through a solicitation process for development partners to assist in the redevelopment of Laney Walker and Bethlehem communities; and WHEREAS, ANTIOCH MINISTRIES has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, ANTIOCH MINISTRIES has requested, and Augusta has approved a total of $309,000.00 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. GENERAL CONDITIONS A. General Compliance Contractor agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG)) including subpart K of these regulations, except that (1) the Contractor does not assume the City’s environmental responsibilities and (2) the Contractor does not assume the City’s responsibility for initiating the review process. The Contractor agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this contract. The Contractor further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. B. Independent Contractor Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 3 Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of any and all possible unemployment benefits because contractor is an independent contractor. C. Hold Harmless To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the City, Officers, Directors, and Employees of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph. D. Insurance & Bonding The Contractor shall carry sufficient insurance coverage to protect contract assets from loss due to theft, fraud and/or undue physical damage, and as a minimum shall purchase a blanket fidelity bond covering all employees in an amount equal to cash advances from the City. Workers' Compensation Employer’s Liability with limits of: $100,000 Each Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee The Contractor shall comply with the bonding and insurance requirements of 24 CFR 84.31 and 84.48, Bonding and Insurance. E. The City’s Recognition The Contractor shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Contractor will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. F. Amendments The City or Contractor may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each organization, and approved by the City’s governing body. Such amendments shall not invalidate this Agreement, nor relieve or release the City or Contractor from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 4 amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both the City and the Contractor. G. Completion of Home Repair Construction Projects It is further agreed that the Contractor will completion all construction repairs to the addresses listed below with corresponding finalization dates and will submit to the City within one-week notice of the completion of each project as described below: 1. Scope of Services Project Description: ANTIOCH MINISTRIES agrees to utilize approved Laney Walker/Bethlehem Bond Financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. This project is a mixed income housing effort which involves development and construction of a new multi-family duplex unit along Twiggs Street. Under this Agreement: Perform new construction services for one (1) multi-family duplex unit identified as property number 1420 Twiggs Street and in accordance with the plans and project manual. Perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta; Perform all functions required to ensure delivery of a final product meeting all requirements as set forth by said Agreement to include:  Materials list to include brand name and/or model number of materials as specified or agreed to adjustments to specifications including but not limited to: appliances, windows, HVAC, fixtures and First Quality lumber. ANTIOCH MINISTRIES is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by AHCD. Actual material invoices may be requested to verify charges. 2. Use of Funds: Laney Walker/Bethlehem Bond Financing funds shall be used by ANTIOCH MINISTRIES for the purposes and objectives as stated in Article I, Scope of Services, of this Agreement. The use of funding for any other purpose(s) is not permitted. The following summarizes the proposed uses of funds under this Agreement based on total material and labor cost of $299,000.00 (amount minus the $10,000.00 developer’s fee). I. Construction An amount not to exceed overhead and profit materials and labor, as outlined and approved on the Work Write-Up shall be expended by ANTIOCH MINISTRIES for construction costs related to the development of one single family detached home identified as 1420 Twiggs Street as part of the Laney Walker Bethlehem 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. II. Profit Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 5 An amount not to exceed amount as outlined and approved in Article I. Scope of Services, Section B. Use of Funds and on the Work Write-Up, shall be paid to ANTIOCH MINISTRIES for costs identified as necessary operating time and expenses in addition to the profit accrued in the development of one single family detached home identified as 1420 Twiggs Street. AHCD will have the latitude to pay O&P directly to the procured developer/contractor on a pay for performance basis or upon the sale of the single family detached home identified as 1420 Twiggs Street. III. Developer’s Fee An amount not to exceed $10,000.00 in a grant shall be expended to ANTIOCH MINITRIES, INC. in support of the project development fees. Drawdowns are to be requested after sale of the single family detached home identified as 1420 Twiggs Street. A. Program Location and Specific Goals to be Achieved ANTIOCH MINISTRIES 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. B. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by ANTIOCH MINISTRIES will be in compliance with legislation supporting community development in Laney Walker/Bethlehem as authorized under the Urban Redevelopment Authority which acts in behalf of the Augusta Commission to provide oversight of the operation of the Laney Walker/Bethlehem Redevelopment Project. Notwithstanding any other provisions of this contract, ANTIOCH MINISTRIES shall provide activities and services as described in the description of the project, including use of funds, its goals and objectives, tasks to be performed and a detailed schedule for completing the tasks for this project as provided in Exhibit A of this contract. ARTICLE II. BUDGET AND METHOD OF PAYMENT ANTIOCH MINISTRIES will carry out and oversee the implementation of the project as set forth in this Agreement and agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition, and upon approval by Augusta, ANTIOCH MINISTRIES, may engage the services of outside professional services consultants and contractors to help carry out the program and projects. A. Augusta shall designate and make Laney Walker/Bethlehem Bond Financing funds available in the following manner: 1. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, shall be on a pay for performance basis provided ANTIOCH MINISTRIES and AHCD determine the progress is satisfactory. ANTIOCH MINISTRIES shall utilize the AIA Form provided by AHCD (see Appendix). For invoicing, ANTIOCH MINISTRIES will include documentation showing proof of completion of work in Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 6 accordance with the amount requested, inspected and accepted by AHCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 2. AHCD will monitor the progress of the project and ANTIOCH MINISTRIES’s performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 3. Upon the completion of this Agreement, any unused or residual funds remaining shall revert to Augusta and shall be due and payable on such date of the termination and shall be paid no later than thirty (30) days thereafter. ANTIOCH MINISTRIES and AHCD shall share in the cost and proceeds of developing the residence at 1420 Twiggs Street as follows: 4. Funds may not be transferred from line item to line item in the project budget without the prior written approval of Augusta Housing and Community Development. 6. This Agreement is based upon the availability of funding under the Laney Walker/Bethlehem Revitalization Project. Should funds no longer be available, it is agreed to by both parties that this contract shall terminate and any ANTIOCH MINISTRIES and AHCD deemed satisfactorily progress made within the contracted construction only amount. 7. AHCD will retain five percent (5%) of an amount of construction costs, including only materials and labor as outlined and approved on the Work Write-Up, after the Certificate of Occupancy has been issued until ANTIOCH MINISTRIES and AHCD determine that all AHCD punch list items have been satisfied. B. Project Financing The Augusta Housing and Community Development Department (AHCD) will provide an amount not to exceed the actual construction costs including only materials and labor as outlined and approved on the Work Write-Up to be expended by ANTIOCH MINISTRIES for construction costs related to the development of one single family detached home identified as 1420 Twiggs Street. Additionally, AHCD will provide one hundred percent (100%) of all change orders (where applicable) as approved by both Augusta and ANTIOCH MINISTRIES in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities ANTIOCH MINISTRIES shall be permitted to commence with the expenditure of Laney Walker/Bethlehem Bond Financing funds as outlined in said Agreement upon procurement of a construction contractor in accordance with its policies and procedures; and approval of a detailed outline of project expenditures anticipated for the completion of the development within 180 days of said home identified as 1420 Twiggs Street . Liquidated Damages Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 7 ANTIOCH MINISTRIES agrees to pay as liquidated damages to Augusta the sum of one hundred dollars ($100.00) for each consecutive calendar day after the expiration of the Contract Time of Completion Time, except for authorized extensions of time by Augusta. This section is independent of any section within this Agreement concerning the default of ANTIOCH MINISTRIES. The parties agree that these provisions for liquidated damages are not intended to operate as penalties for breach of Contract. The liquidated damages set forth above are not intended to compensate Augusta for any damages other than inconvenience and loss of use or delay in services. The existence or recovery of such liquidated damages shall not preclude Augusta from recovering other damages in addition to the payments made hereunder which Augusta can document as being attributable to the documented failure of ANTIOCH MINISTRIES. In addition to other costs that may be recouped, Augusta may include costs of personnel and assets used to coordinate, inspect, and re-inspect items within this Agreement as well as attorney fees if applicable. Specified excuses ANTIOCH MINISTRIES is not responsible for delay in performance caused by hurricanes, tornados, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. Temporary Suspension or Delay of Performance of Contract To the extent that it does not alter the scope of this Agreement, Augusta may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by ANTIOCH MINISTRIES under this Agreement. D. Project Budget: Limitations All costs associated with construction, O&P, construction management, and real estate expenses have been outlined in said Agreement as percentage-based costs related to the development of one single family detached home identified as 1420 Twiggs Street as part of the Heritage Pine Project. AHCD will have the latitude to pay such costs directly to the procured construction contractor. ANTIOCH MINISTRIES shall be paid a total consideration of no more than $10,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of ANTIOCH MINISTRIES. It is also understood by both parties to this contract that the funding provided under this contract for this specific project shall be the only funds provided by Augusta – unless otherwise agreed to by Augusta and ANTIOCH MINISTRIES. ANTIOCH MINISTRIES 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 The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and ANTIOCH MINISTRIES (whichever date is later) and shall end at the completion of all program Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 8 activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall Augusta provide advance funding to ANTIOCH MINISTRIES, or any subcontractor hereunder. B. ANTIOCH MINISTRIES shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to ANTIOCH MINISTRIES’s compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. D. All purchases of capital equipment, goods and services shall comply with the procurement procedures of OMB Circular A-110 "Uniform Administrative Requirements for Grant Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations" as well as the procurement policy of Augusta. E. Requests by ANTIOCH MINISTRIES for payment shall be accompanied by proper documentation and shall be submitted to AHCD, transmitted by a cover memo, for approval no later than thirty (30) calendar days after the last date covered by the request. For purposes of this section, proper documentation includes: Updated Exhibit A- schedule (Gantt Chart), Updated Exhibit B- Work Write-Up, and AIA Form. F. ANTIOCH MINISTRIES shall maintain an adequate financial system and internal fiscal controls. G. Unexpended Funds: Unexpended funds shall be retained by Augusta. Upon written request, Augusta may consider the reallocation of unexpended funds to eligible projects proposed by ANTIOCH MINISTRIES. H. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. I. Upon the sale of the detached single-family home at 1420 Twiggs Street, AHCD is to provide ANTIOCH MINISTRIES with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest ANTIOCH MINISTRIES agrees to comply with the conflict of interest provisions contained in 24 CFR 85.36, 570.611, OMB Circular A-110 and OMB Circular A-102 as appropriate. This conflict of interest provision applies to any person who is an employee, agent, consultant, officer, or elected official or appointed official of ANTIOCH MINISTRIES. 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 Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 9 activities, may obtain any financial interest or benefit from the activities, or have a financial interest in any contract, sub-contract, or agreement with respect to the contract activities, either for themselves or those with whom they have business or family ties, during their tenure or for one year thereafter. For the purpose of this provision, "family ties", as defined in the above cited volume and provisions of the Code of Federal Regulations, include those related as Spouse, Father, Mother, Father-in-law, Mother-in-law, Step-parent, Children, Step- children, Brother, Sister, Brother-in-law, Sister-in-law, Grandparent, Grandchildren of the individual holding any interest in the subject matter of this Agreement. ANTIOCH MINISTRIES in the persons of Directors, Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub-contractors and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached as part in parcel to this Agreement) Augusta may, from time to time, request changes to the scope of this Agreement and obligations to be performed hereunder by ANTIOCH MINISTRIES. In such instances, ANTIOCH MINISTRIES shall consult with AHCD/Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this Agreement and shall be approved by the governing bodies of both Augusta and ANTIOCH MINISTRIES. Statutes, regulations, guidelines and forms referenced throughout this Agreement are listed in Appendix A and are attached and included as part in parcel to this Agreement. ARTICLE VI. OTHER REQUIREMENTS A. ANTIOCH MINISTRIES agrees that it will conduct and administer activities in conformity with Pub. L. 88-352, "Title VI of the Civil Rights Act of 1964", and with Pub. L. 90-284 "Fair Housing Act" and that it will affirmatively further fair housing. One suggested activity is to use the fair housing symbol and language in ANTIOCH MINISTRIES’s publications and/or advertisements. (24 CFR 570.601). B. ANTIOCH MINISTRIES agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. ANTIOCH MINISTRIES agrees to comply with 24 CFR Part I, which provides that no person shall be excluded from participation in this project on the grounds of race, color, national origin, or sex; or be subject to discrimination under any program or activity funded in whole or in part with federal funds made available pursuant to the Act. D. No person employed in the work covered by this contract shall be discharged or in any way discriminated against because he or she has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his or her employer. (24 CFR 570.603) E. ANTIOCH MINISTRIES agrees that in accordance with the National Environmental Policy Act of 1969 and 24 CFR Part 58, it will cooperate with Augusta/HCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta/HCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by AHCD pursuant to (24 CFR 570.604). Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 10 F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), ANTIOCH MINISTRIES agrees that funds shall not be expended for acquisition or construction in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards (representing the 100-year floodplain). Exceptions will be made if the community is participating in the National Flood Insurance Program or less than a year has passed since FEMA notification and flood insurance has been obtained in accordance with section 102(a) of the Flood Disaster Protection Act of 1973. G. ANTIOCH MINISTRIES agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities will be conducted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development Act of 1974 (24 CFR 570.606). H. ANTIOCH MINISTRIES agrees to comply with Executive Order 11246 and 12086 and the regulations issued pursuant thereto (41 CFR 60) which provides that no person shall be discriminated against on the basis of race, color, religion, sex or national origin. ANTIOCH MINISTRIES will in all solicitations or advertisements for employees placed state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. I. ANTIOCH MINISTRIES will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. ANTIOCH MINISTRIES will take appropriate action to ensure that applicants are employed, and that employees are treated fairly during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or advertising; lay- off or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. ANTIOCH MINISTRIES 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. J. In accordance with Section 570.608 of the CDBG Regulations, ANTIOCH MINISTRIES agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead-based paint in residential structures and to comply with 24 CFR 570.608 and 24 CFR 35 with regard to notification of the hazards of lead-based paint poisoning and the elimination of lead-based paint hazards. K. ANTIOCH MINISTRIES agrees to comply with 24 CFR 570.609 with regards to the direct or indirect use of any contractor during any period of debarment, suspension or placement in ineligibility status. No contract will be executed until such time that the debarred, suspended or ineligible contractor has been approved and reinstated by AHCD. L. In accordance with 24 CFR part 24, subpart F, ANTIOCH MINISTRIES agrees to administer a policy to provide a drug-free workplace that is free from illegal use, possession or distribution of drugs or alcohol by its beneficiaries as required by the Drug Free Workplace Act of 1988. M. Any publicity generated by ANTIOCH MINISTRIES 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 Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 11 Georgia Housing and Community Development Department" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. ANTIOCH MINISTRIES shall comply with all applicable laws, ordinances and codes of the federal, state, and local governments and shall commit no trespass on any public or private property in performing any of the work embraced by this contract. ANTIOCH MINISTRIES agrees to obtain all necessary permits for intended improvements or activities. O. ANTIOCH MINISTRIES shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. ANTIOCH MINISTRIES agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by Augusta setting forth the provisions of this nondiscrimination clause. Except as prohibited by law or the March 14, 2007 Court Order in the case Thompson Wrecking, Inc. v. Augusta, Georgia, Civil Action No. 1:07-CV-019 (S.D. GA 2007). ANY LANGUAGE THAT VIOLATES THIS COURT ORDER IS VOIDABLE BY THE AUGUSTA GOVERNMENT. ANTIOCH MINISTRIES agrees to comply with any federally mandated requirements as to minority and women owned- business enterprises. P. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractors each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A §13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractors are retained to perform such physical services. Q. ANTIOCH MINISTRIES agrees that low and moderate income persons reside within Augusta-Richmond County and that contract for work in connection with the project be awarded to eligible businesses which are located in or owned in substantial part by persons residing in Augusta-Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta-Richmond County area is not desirable. R. ANTIOCH MINISTRIES 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 Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 12 implementing regulations at 24 CFR part 8. For purposes of the emergency shelter grants program, the term dwelling units in 24 CFR Part 8 shall include sleeping accommodations. S. ANTIOCH MINISTRIES will not discriminate against any employee or applicant for employment on the basis of religion and will not give preference of persons on the basis of religion. ANTIOCH MINISTRIES will not discriminate against any person applying for shelter on the basis of religion. ANTIOCH MINISTRIES will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no religious influence in the provision of shelter and other eligible activities funded by this grant. T. Indirect costs will only be paid if ANTIOCH MINISTRIES has indirect cost allocation plan approved by the Department of Housing and Urban Development prior to the execution of this Contract. U. AHCD shall not approve any travel or travel related expenses to ANTIOCH MINISTRIES with funds provided under this contract. V. Construction Requirements In the absence of local codes, properties must meet the HUD Section 8 Housing Quality Standards [HQS]. All housing assisted under this Agreement is “new construction” by definition and therefore must meet the local building codes for new housing in Augusta Georgia, as applicable. ANTIOCH MINISTRIES 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 of proper disposal of, the name and location of the disposal facility, date of disposal and all related fee. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of ANTIOCH MINISTRIES or any subcontractor of ANTIOCH MINISTRIES or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. ARTICLE X. SUSPENSION AND TERMINATION A. In the event ANTIOCH MINISTRIES materially fails to comply with any terms of this Agreement, including the timely completion of activities as described in the timetable and/or contained in ARTICLE II.C, Augusta may withhold cash payments until ANTIOCH MINISTRIES cures any breach of the Agreement. If ANTIOCH MINISTRIES fails to cure the breach, Augusta may suspend or terminate the current award of funds. ANTIOCH MINISTRIES will not be eligible to receive any other funding. B. Notwithstanding the above, ANTIOCH MINISTRIES shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to ANTIOCH MINISTRIES for the purposes of offsetting the exact amount of damages once determined. Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 13 C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay ANTIOCH MINISTRIES for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, ANTIOCH MINISTRIES shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to Laney Walker Bond Financing funds previously disbursed or income derived therefrom. E. To the extent that it does not alter the scope of this Agreement, Augusta, GA may unilaterally order a temporary stopping of the work or delaying of the work to be performed by ANTIOCH MINISTRIES under this contract. 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: Hardy 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 ANTIOCH MINISTRIES will receive all notices at the address indicated below: Antioch Ministries ATTN: Mr. Scylance Scott 1378 Laney Walker Blvd. Augusta, GA 30901 ARTICLE XII. INDEMNIFICATION ANTIOCH MINISTRIES will at all times hereafter indemnify and hold harmless Augusta, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 14 corporation or property, by virtue of the performance of this Agreement. By execution of this Agreement, ANTIOCH MINISTRIES specifically consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court. Should it become necessary to determine the meaning or otherwise interpret any work, phrase or provision of this Agreement, or should the terms of this Agreement in any way be the subject of litigation in any court of laws or equity. It is agreed that the laws of the State of Georgia shall exclusively control the same. The parties hereto do agree to bind themselves, their heirs, executors, administrators, trustees, successors and assigns, all jointly and severally under the terms of this Agreement. ARTICLE XIII. PRIOR AND FUTURE AGREEMENTS This Document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to ANTIOCH MINISTRIES beyond the term of this Agreement. ANTIOCH MINISTRIES warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ANTIOCH MINISTRIES for the purpose of securing business and that ANTIOCH MINISTRIES 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 CDBG 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 1420 Twiggs Street Contract Page 15 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): ______________ Augusta, Georgia Law Department Date: ____________________ By:__________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Jarvis R. Sims, as its Interim City Administrator Date: ____________________ By: _________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 16 ATTEST: Antioch ministries By: _________________________ Mr. Scylance Scott, Director Date:_______________________ Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 17 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 18 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 19 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta-Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 20 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. "Standard Building Code", 2000 Edition, Southern Building Congress, International, Inc., Birmingham, Alabama. B. "Standard Plumbing Code", latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. C. Standard Mechanical Code, latest edition, Southern Building Congress, International, Inc., Birmingham, Alabama. D. “National Electric Code”, latest edition, National Fire Protection Association, Quincy, Massachusetts. E. Model Energy Code, 1997, Council of American Building Officials. F. “ADA Accessibility Guidelines for Buildings and Facilities”, Department of Justice, American with Disabilities Act of 1990”. G. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. H. Part 1910 – Occupational Safety and Health Standards, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 202, October 18, 1972). I. Part 1926 - Safety and Health Regulations for Construction, Chapter XVII of Title 29, Code of Federal Regulations (Federal Register, Volume 37, Number 243, December 16, 1972. J. Section 106 of the National Historic Preservation Act (16 U.S.C. 470f'). 2. Project Review. All plans, specifications, work write-ups, projected cost estimates, punch lists or other means of outlining work on a particular project will be submitted in writing to AHCD for review and approval prior to bidding. AHCD Construction and Rehabilitation Inspectors or AHCD’s agent will review these items for compliance with new construction and/or rehabilitation standards and materials use. 3. Rehabilitation Standards. All rehabilitation work will comply with the "Uniform Physical Condition Standards for HUD Housing." Workmanship and material standards will comply with the Augusta-Richmond County Housing & Community Development Department Contractors Manual and Performance Standards. A copy of this manual is provided to every contractor when included on the AHCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an AHCD Construction and Rehabilitation Inspector or AHCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 21 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Antioch ministries LLC acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioner and approval of the Mayor. Under Georgia law, Antioch ministries LLC is deemed to possess knowledge concerning Augusta, Georgia’s ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Antioch ministries LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Antioch ministries LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Antioch ministries LLC provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia’s Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by JLovett Homes & Construction. Antioch ministries LLC assumes all risk of non- payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized including, without limitation, all remedies at law or equity. This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. ____________________________________ Mr. Scylance Scott Antioch ministries, LLC. Owner Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 22 EXHIBIT A PROJECT SCHEDULE OF COMPLETION ANTIOCH MINISTRIES MUST PROVIDE A COMPLETED SCHEDULE OF COMPLETION AS EXHIBIT A - WITH APPROPRIATE PROJECT MILESTONES WITHIN 10 TO 15 DAYS AFTER SIGNING THIS AGREEMENT. THIS SCHEDULE MUST BE PROVIDED IN SUFFICIENT DETAIL TO PERMIT AHCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 23 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 24 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. AHCD must review and approve all new construction work, project specifications and total development cost for each residential development project before work is commenced and before funds can be released for payment reimbursement. Construction payments will be released to ANTIOCH MINISTRIES in accordance with the attached drawdown schedule and budget. 2. AHCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the Project. 3. With AHCD approval, ANTIOCH MINISTRIES may use funds under this Agreement for the following purposes: a. To support development costs as outlined in Item 6 below. 4. Completion delays, remedies, and penalties. a. If the Contractor fails to complete the work within the time frame specified in the contract, plus any authorized delays, AHCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (AHCD)” clause of this contract. ii. Assess liquidated damages of Two Hundred Dollars ($200) per working day from the schedule of completion to the date of final acceptance of the project. The total amount of liquidated damages will be deducted from the total contract price, plus any change order amounts. b. The contractor shall not be charged with liquidated damages for any delays in the completion of the work due: i. To any acts of the Federal, State, or City/County Government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense, or any other National, State, or City/County emergency. ii. To any acts of the Owner that hinder the progress of the work; iii. To cause not reasonable foreseeable by the parties in this contract at the time the execution of the contract which are beyond the control and without the fault or negligence of the Contractor; including but not restricted to acts of God; acts of the public enemy; acts of another contractor in the performance of some other contract with the owner; fires; floods; epidemics; quarantine restrictions; strikes; freight embargoes; and weather or unusual severity such as hurricanes, tornadoes, cyclones, and other extreme weather conditions; and iv. To any delay of the subcontractor occasioned by any other causes specified in subparagraphs A and B above. Provided, however, that the contractor promptly (within 10 days) notifies AHCD and ANTIOCH MINISTRIES 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 Augusta Housing & Community Development Department 1420 Twiggs Street Contract Page 25 completion of the work as whole; in the form of an amendment to this contract. 5. New Construction Costs and Requirements a. ANTIOCH MINISTRIES will provide construction management for the project to ensure that construction work is being carried out in accordance with plans, specifications and the project budget. b. ANTIOCH MINISTRIES must make sure contractors obtain and post all permits on job site. c. ANTIOCH MINISTRIES must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. AHCD or its agent may continually inspect each house for contract compliance and to determine the percent of completion prior to processing a draw request and releasing payment. AHCD may choose not to release payments if the work being performed is not of acceptable quality to AHCD and if the house is not being built or rehabilitated in accordance with plans and specifications, or if the project is not on schedule. 6. Permanent Financing and Sales Prices a. The sales price of each home sold in accordance with this Agreement must be based on a formal appraisal. Unless otherwise agreed to by AHCD, the sales price of each house shall not exceed the appraised value of the house. b. The purchasers of houses constructed must meet the Augusta program requirements. c. Buyers will be required to borrow no less than 80% of the sale prices of the house from a private lending institution unless otherwise agreed to by AHCD. AUGUSTA, GA 1420 TWIGGS STREET DUPLEX CONVERSION TO d e s i g n Augusta, GA 30904 1617 Walton Way studio g r o u p architecture + interior design FOR AUGUSTA HOUSING & COMMUNITY DEVELOPMENT DEPARTMENT 8/4//2016 LOCATION: Telephone: (706) 667-9784 Fax: (706) 667-9786 D1.1 INDEX OF DRAWINGS WASTE & VENT PIPING PLANSP1.1 COVER PLUMBING DRAWINGS INDEX OF DRAWINGS LOCATION MAP WATER PIPING PLANSP2.1 A2.1 FIRST & SECOND FLOOR PLANS & GENERAL NOTES INTERIOR ELEVATIONSA5.1 EXTERIOR ELEVATIONS - NEWA4.1 FINISH, DOOR & WINDOW SCHEDULESA3.1 ARCHITECTURAL DRAWINGS FIRST & SECOND FLOOR ELECTRICAL POWER & LIGHTING PLAN E1.1 ELECTRICAL DRAWINGS HVAC FLOOR PLANSM1.1 MECHANICAL DRAWINGS HVAC DETAILSM2.1 M3.1 HVAC NOTES, LEGEND & SCHEDULES PLUMBING FIXTURES, SCHEDULES & DETAILS P3.1 D1.2 DEMOLITION - EXTERIOR ELEVATION DEMOLITION - EXTERIOR ELEVATION DEMOLITION PLAN- FIRST & SECOND FLOOR D1.3 A1.1 FOUNDATION PLAN PLUMBING SPECIFICATIONSP4.1 M4.1 HVAC SPECIFICATIONS Administrative Services Committee Meeting 1/14/2020 1:20 PM HCD_ Duplex Development on Twiggs (Street) Request (Johnson House) 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 Antioch Ministries to reconstruct one (1) affordable, multi-family duplex unit on Twiggs Street. Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, Housing and 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 reconstruction of one (1) affordable, multi-family duplex unit on Twiggs Street within Laney Walker/Bethlehem also known as the Johnson House. Analysis:The approval of the contract will continue development activities in the Twiggs Street Development node. Financial Impact:Augusta Housing and Community Development Department receives annual allocations from Laney Walker Bethlehem Project which will fund this contract. Contract Amount (1420 Twiggs Street) - $309,000.00 Alternatives:Do not approve HCD’s Request. Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to contract with Antioch Ministries to reconstruct one (1) affordable, multi-family duplex unit on Twiggs Street. Laney Walker/Bethlehem Revitalization Project funds Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission s 1-2-28 AUGUSTA-RICHMOND COUNTY CODE, READOPTED 7.10.2007 Secs. 1-2-28, l-Z-29. Reserved. ARTICLE 3 ADMINISTRATOR FOR AUGUSTA-RICHMOND COUNTY Sec. 1-2-30. Office created. (a) There is hereby created the office ofAdmin_istrator for Augusta-Richmond County. (b) The administrator for Augusta-Richmond County shall be elected,/appointed by a majorityvote of the Commission of Augusta-Richmond County, Georgia, from nominations presented bythe Mayor following the Commission approvedrecruitment process. The Mayor shall present asmany as three top candidates for appointment, along with his recommendation. The Commission shall elect/appoint an Administrator from amongthe candidate or candidates presented by the Mayor. Should none of the candidates be elected./ appointed, then the Mayor shall nominate asmany as three new candidates from those who applied through thr recruitment process. (c) The Administrator is employed at the plea- sure of the Mayor and Commission and performs duties under the direction and supervision ofthe Commission through the Mayor. The Administra- tor maintains regular contact with the Mayor andthrough the Mayor keeps all Commission mem- bers informed on significant and,/or controversial issues involving the government, its seryices, policies, and employees. (d) In the event of a vacancy in said offrce for any cause, the Commission may elect an ActingAdministrator by a majority vote pending the election/appointment of an Administrator as pro- vided in subsection (c) hereof. (Ord. No. 6754, g l, t-4-0b; Ord. No. 6772, * l, 3-1-05) Sec. 1-2-31. Suspension, removal by commis- sion; hearing. (a) The Administrator for Augusta-Richmond County may be removed only by a majority vote ofthe Commission. (b) The Mayor is empowered to impose disci_plinary action upon the Administrator after rati_fication by a majority of the Commission. In caseof suspension or removal, the Administrator forAugusta-Richmond County shall be given a writ_ten statement of the reasons for such action. Hemay, within five (b) days from receipt thereof, request a public hearing thereon before the Com_ missjon. Upon receipt of such request, a hearingshall be set not earlier than ten (10) days nor lateithan frfteen (15) days from the date of suchrequest. Pending such hearing, and until final action has been taken thereon, the Administrator for Augusta-Richmond County may be suspended from office and all of the duties thereof performed by some other person designated by the Commis- sion to perform such duties. The action of the Commission in suspending or removing the Ad-ministrator for Augusta-Richmond County shall be final. Sec. 1-2-32. Qualifrcations. The Administrator for Augusta-Richmond County shall be chosen by the Commission solely upon the basis of his executive and administra-tive qualifications, with special reference to hisactual experience in or knowledge of accepted practices in respect to the duties of his offrce, ashereinafter set forth. He shall be of good charac- ter and be ofproven executive ability and experi- ence. No person related by blood or marriagewithin the third degree to any member of the Commission shall be eligible for appointment asAdministrator for Augusta-Richmond County. No member of the Commission, or holder of a public elective office in Augusta-Richmond County dur- ing the term of office for which he was elected, orfor a period of one (1) year thereafter, shall be eligible for appointment as Administrator for Au-gusta-Richmond County. Sec. 1-2-33. Salary. The Administrator for Augusta-Richmond County shall be paid an annual salary to be fixed by the Commission. Sec. 1-2-34. Bond. Before entering upon his duties, the Adminis-trator for Augusta-Richmond County shall give T1:46 Administrative Services Committee Meeting 1/14/2020 1:20 PM Hiring Process for Administrator Department: Presenter:Commissioner Ben Hasan Caption:Discuss the hiring process for the position of Administrator. (Requested by Commissioner Ben Hasan) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 1/14/2020 1:20 PM Set the Qualifying Fees for Local Elective Offices up for Election in 2020 Department:Board of Election Presenter:Lynn Bailey Caption:Set the qualifying fees for Local Elective Offices up for Election in 2020. Background:The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan election, or general election is to be held shall fix and publish a qualifying fee for each county or municipal office to be filled in the upcoming primary or election. Analysis:Required by Georgia law. Once approved by the Commission, the Board of Elections will publish, as required. Financial Impact:$30 Alternatives:None Recommendation:Approve the item Funds are Available in the Following Accounts: 101-01-4110-52.33111 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting Commission Chamber' 1211012019 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 Item (HCD's) request to contract with Columbia Ventures Foundry Apartments, Action: LLC to complete infrastructure improvements at Wrightsboro Road and RA Approved Dent intersection. (Requested by Administration) Unanimous consent is given add this item to the agenda. Made Seconded MotionBy By Result to 2. Motion to approve Housing and Community Development Department's ltem (HCD's) request to provide additional funds ($25,000) the Community Action: Development Collaborative to assist with rehabilitation cost of 1233 Perry Approved Avenue. Motions f#:'" Motion rext Motions Motion Type Approve Made By Commissioner Mary Davis Seconded By Commissioner John Clarke Motion Result Passes Motion Text Motion to approve. Motion Passes 4-0. 3. Approve the revision of Ordinance 7271 to expand and strengthen the Local ltem Small Business Opportunity Program. The current ordinance is insufficient for Action: a city the size of Augusta Georgia. Approved Motions Motion Motion Textrype Motion to Approve approve. Motion Passes 4-0. Made By Seconded By Commissioner Commissioner Mary Davis Bobby williams Passes Motion Result Motion Result 4. Motion to approve Housing and Community Development Department's Item (HCD's) contract procedural process (as presented for calendar year 2020). Action: Approved Motions Motion Motion TextI ype Motion to Approve approve. Motion Passes 4-0. Made By Seconded By 5. Motion to approve HCD's Laney Walker/Bethlehem Revitalization Project Item contract procedural process (as presented for calendar year 2020). Action: Approved Motions Motion Motion Text'r'ype Motion to Approve approve. Motion Passes 4-0. Made By Commissioner Commissioner Mary Davis John Clarke Passes seconded By Motion Result Commissioner Commissioner Mary Davis John Clark. Passes Made By seconded By ffiiir" Commissioner Commissioner Passes Mary Davis John Clarke 6. Discuss the usage of the former JLEC, 401 Walton Way building. (Requested Item by Commissioner Marion Williams) Action: Approved Motions Motion;----- Motion Textrype Approve Motion to approve postponing the demolition of this building for one year and revisit this issue at the end ofeach 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 Item onNovember 12,2019. Action: Approved Motions $otion Motion Text Made By seconded By Motion Type rrrvrrv' r var Result Motion to commissioner commissioner nApprove appr:ve: Mary Davis John Clarke Passes Motion Passes 4-0. ' 8. Protest Discussion - A request by William J. Keogh, III, attorney with Hull Item Barrett representing Jackson Demolition to protest the decision of deeming Action: their Request for Proposal as Non-Compliant in reference to RFP l9-273 Disapproved 401 Walton Way Demolition Augusta Central Services Department. Motions f#:" Motion rext Made By Seconded By Htjil Motion to deny theDeny protest request. commissioner Commissioner Motion passes 4-0. Bobby Williams John Clarke rasses 9. Protest Discussion - A request by Flint Equipment Co. (Chuck Atkins) to Item protest the decision of the Environmental Services recommendation of the Action: award of Bid Item 19-226 Waste Handler Dozer to Yancey Brothers. Disapproved Motions |'#:"' Motion Text Made By seconded By f;lil Motion to deny the commissioner commissionerDenv 'J:f:l passes 4-0. Bobby williams r"h;;i;.k. Passes Administrative Services Committee Meeting 1/14/2020 1:20 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on December 10, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: