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2022-07-12-Meeting Minutes
Administrative Services Committee Meeting Commission Chamber - 7/12/2022 ATTENDANCE: Hons. Hardie Davis, Jr., Mayor; Hasan, Chairman; Scott, Vice Chairman; Frantom and B. Williams, members. ADMINISTRATIVE SERVICES 1. Presentation by Ms. Natalie Bryan with P.E.A.R.L. (Providing Education and Advocacy to Rebuild Lives) regarding Weekend of Wellness in support of Minority Mental Health Awareness Month. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Delete Motion to delete this item from the agenda. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 2. Motion to approve due to purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item: Marshal Department: 22-042 Uniforms and Accessories. The recommendation of award is for two (2) year with the option to extend for one (1) additional year upon mutual consent of both parties. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 3. Motion to amend the Commission approval on June 30, 2022 to include funding details for an additional $20,000 for the Arts in the Heart Festival. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 4. Discuss properties owned by the city that have been sitting empty and aren't being utilized. (Requested by Commissioner Catherine McKnight) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 5. Discuss moving the meeting times to the following: Executive Session - 2pm Committees - 4pm Commission Meeting - 5pm (Requested by Commissioner Sean Frantom) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the full Commission with no recommendation. Commisioner Sean Frantom Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Ms. Scott votes No. Motion Passes 3-1. Commissioner Bobby Williams Commisioner Sean Frantom Passes 6. Receive as information the emergency roof replacement at the Coroner Office in the amount of $76,500.00 by Hixon’s Roofing. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 7. Motion to approve the lease agreement between Augusta, Ga and MSTFLIP Inc. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 8. Motion to approve development of (1) single-family home, new construction.Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 9. Motion to approve the contract with Mass Media Marketing, LTD also known as “M3” for Housing and Community Development (HCD) marketing. This contract is for two (2) years with two (2) one year renewal options. RFQ 22- 159. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Passes Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott 10. Motion to approve the minutes of the Administrative Services Committee held on June 14, 2022. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 11. Receive as information the emergency roof replacement at the Municipal Golf Course Building in the amount of $27,509.01 by GS Roofing and Construction. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes 12. Motion to receive as information the purchase of one 4 door Dodge work truck from Thomson Chrysler Dodge Jeep Ram FIAT due to current pandemic economic conditions. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Francine Scott Passes www.augustaga.gov Administrative Services Committee Meeting 7/12/2022 1:10 PM Attendance 7/12/22 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM REQT'EST FORM Commission meetings: First and third Tuesdays of each month - 2:00 p.m. Committee meetings: Second and last Tuesdays of each month - 1:00 p.m. Commission/Committee: (Please check one and insert meeting date) x Commission Date of Meetng 7112122 Public Safety Committee Date of Meeting Public Services Committee Date of Meeting Administrative Services Committee Date of Meeting Engineering Services Committee Date of Meeting Finance Committee Date of Meeting Contact Information for IndividuaUPresenter Making the Request: Name: Natalie Bryan w/ P.E.A.RAddress: 1264 Merrv Street Auousta GA 30904 Telephone Number: Fax Number: (7621585-4610 E-Mail Address: nata lie@wea repearl.orq Caption/Topic of Discussion to be placed on the Agenda: Weekend of Wellness in support of Minority Mental Health Awareness Month ild Lives) Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: 7 06-821-1820 Fax Number: 706-821-1838 E-Mail Address: nmorawski@augustaga.gov Requests may be faxed, e-mailed or delivered in person and must be received in the Clerkrs Office no later than 9:00 a.m. on the Thursday preceding the Commission and Committee meetings of the following week. A five-minute time limit wilt be allowed for presentations. From: Sent: To: Subject: Attachments: Good afternoon, Charlotte Denson <charlotte.denson@waldenu.edu> Tuesday, June 28, 2022 5:45 PM Nancy Morawski IEXTERNALI Agenda request AGENDA REQUEST.pdf Please see request to speak with the county commissioners at the next available committee or commissioner meeting which ever comes first. Thank you! Charlotte Denson MSW lntern Walden University [NOTICE: This message originated outside of the City of Augusta's mail system -- DO NOT CLICK on links, open attachments or respond to requests for information unless you are sure the content is safe.] Administrative Services Committee Meeting 7/12/2022 1:10 PM Natalie Bryan Department: Presenter: Caption:Presentation by Ms. Natalie Bryan with P.E.A.R.L. (Providing Education and Advocacy to Rebuild Lives) regarding Weekend of Wellness in support of Minority Mental Health Awareness Month. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 7/12/2022 1:10 PM Annual Bid Approval 22-042 Uniforms & Accessories - Marshal's Office Department:Procurement Presenter:Geri Sams Caption:Motion to approve due to purchases on the individual purchase orders will exceed $25,000.00 per order. The following annual bid item: Marshal Department: 22-042 Uniforms and Accessories. The recommendation of award is for two (2) year with the option to extend for one (1) additional year upon mutual consent of both parties. Background:The 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. The recommendation of award is for two (2) years with the option to extend for one (1) additional year upon mutual consent of both parties. Analysis:Two vendors responded. Uniforms by John submitted the lowest most responsive bid. The request is to award bid item 22-042 to Uniforms by John. Financial Impact:The Marshal's Offices is responsible for the purchase of the items listed on the bid. Purchases will be made on an as needed basis. Alternatives:Not to award and make purchases per the Augusta Procurement Code. Recommendation:Approve the recommendation as submitted by the User Department. Funds are Available in the Following Accounts: 101-02-2610 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 7/12/2022 1:10 PM Arts in the Heart of Augusta Department:Office of the Administrator Presenter:Administrator Douse Caption:Motion to amend the Commission approval on June 30, 2022 to include funding details for an additional $20,000 for the Arts in the Heart Festival. Background:On June 30, 2022 during the Commission Meeting, the Commission approved an additional $20,00 to be allocated for the Arts in the Heart Festival for security purposes. This approval did not detail pertinent funding details for further direction to staff. Analysis:In an effort to ensure funding details are processed in accordance with Commission action, funding accounts and amounts are needed. Financial Impact:Account #101013312 $14,870 and Account #101051111 $5,130 Alternatives:1) Motion to amend the Commission approval on June 30, 2022 to include funding details for an additional $20,000 for the Arts in the Heart Festival 2) Do not amend the previous motion approved on June 30, 2022 Recommendation:Motion to amend the Commission approval on June 30, 2022 to include funding details for an additional $20,000 for the Arts in the Heart Festival Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Natasha L. McFarley From: Sent: To: Subiect: Natasha, Commissioner Catherine Smith-McKnight Wednesday, July 6, 20227:46PM Natasha L. McFarley City owned properties I would like to put on the Committee agenda to discuss properties owned by the city that have been sitting empty and aren't being utilized. Thank you. Commissioner McKnight Get Outlook for iOS I his e-mail contains confidential information and is intended only for the individual nanred. lf you are not the named addressee, you should no1 disseminate, distribule or copy this e-mail. Please notify the sender irnmediately by e-rnail if you have received this e-mail by mistake and delete this e,mail from your system. T he City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taken on the basis of lhe information provided, unless that information is subsequently confirmed in writing. Any views or opinions presenled in lhis e-mail are solely those of the author and do not necessarily representthoseoftheCityofAugusta E-mail transmissicnscannotbeguaranteedtobesecureorerror-freeasinformationcouldbeintercepled,corrupted. lost.destroyed. arrive late or incomplete. or conlain viruses. I he sender therefore does not accept liability for any errors or omissions in the content of this message which arise as a result of the e-mail transmission. lf verification is required, please request a hard copy version. AED:104 1 Administrative Services Committee Meeting 7/12/2022 1:10 PM City Properties Department: Presenter: Caption:Discuss properties owned by the city that have been sitting empty and aren't being utilized. (Requested by Commissioner Catherine McKnight) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Nancy Morawski From: Sent: To: Subject: See below- Thanks, Sean Get Outlook for iOS Commissioner Sean Frantom Tuesday, July 5, 202210:25 AM Nancy Morawski Fwd: Public Services Agenda ltem From: Commissioner Sean Frantom Sent: Tuesday, July 5,202210:24:18 AM To: Lena Bonner <lbonner@augustaga.gov> Cc: Takiyah A. Douse <TDouse@augustaga.gov> Subject: Public Services Agenda ltem Ms. Bonner, Please add the following agenda item to the agenda- Discuss moving the meeting times to the following - Executive Session - 2pm Committees- 4pm Commission Meeting - 5pm Thank you, Sean Get Outlook for iOS This e-mail coniains conlidential iniormation and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,disiributeorcopythise-mail Pleasenotifythescnderimmedratelybye-mail ifyouhavereceivedihise-mail bymistakeanddeletethise-mail fromyoursysiem.The Ciiy of Augusta accepls no liability for lhe content of this e-mail or for the oonsequences o1 any actions taien on the basis of the rnformation provided, unlessthat information is subsequerrtly confirrned in writing. Any views or opinions presented in this e-mail are solely those of the auttror and do not nec;essarily representthose oI the City of Augusta. F-rnail transmissions cannot be guaranteed lo be secure or error-free as iriformation could be intercepted, corrupted, lost. desiroyed,arrlve late or incomplete, or contain viruses. Ihe sender therefore does not accept liabilily for any errors or omissions in the content of this message which ariie asaresultofthee-mail transmission. lf verificertionisrequrred pleaserequestahardcopyversion AFI):.104 1 Administrative Services Committee Meeting 7/12/2022 1:10 PM Commission/Committee Meeting Times Department: Presenter: Caption:Discuss moving the meeting times to the following: Executive Session - 2pm Committees - 4pm Commission Meeting - 5pm (Requested by Commissioner Sean Frantom) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 7/12/2022 1:10 PM Coroner Office Roof Replacement Department:Central Services Presenter:Ron Lampkin Caption:Receive as information the emergency roof replacement at the Coroner Office in the amount of $76,500.00 by Hixon’s Roofing. Background:After receiving reports of severe leaks at the facility, an assessment of the building was performed. The results of the assessment indicated the need to replace the roof and drain system. Hixon’s Roofing was selected as the qualified vendor to perform this task in the needed timeframe. The roof was replaced in an emergency fashion and no further leaks have been noted. Analysis:Hixon’s Roofing replaced the roof and drains to prevent further damage to the facility. Financial Impact:$76,500.00 charged to SPLOST VII GL: 101036110 / 52.23111 - $18,692.00 Encumbered $19,934.63 JL: 272016210 / 54.13120 - $57,808.00 sufficent funds $245,950 Alternatives:a) Receive as information b) Do not receive as information Recommendation:Receive as information the emergency roof replacement at the Coroner Office in the amount of $76,500.00 by Hixon’s Roofing. Funds are Available in the Following Accounts: $76,500.00 charged to SPLOST VII GL: 101036110 / 52.23111 - $18,692.00 JL: 272016210 / 54.13120 - $57,808.00 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co., Insurance Brokers of CA. 500 N. Brand Boulevard, Suite 100 Glendale, CA 91203 License #0726293 CONTACT NAME: Britney HearnsPHONE (A/C, No, Ext): 818-539-1259 FAX(A/C, No):818-539-1529E-MAIL ADDRESS: Britney_Hearns@ajg.com INSURER(S) AFFORDING COVERAGE NAIC # INSURED MSTFLIP Inc. 1941 Heckle Street Augusta GA 30904 INSURER A : Atlantic Specialty Insurance Company 27154 INSURER B : OBI National Insurance Company 14190 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A COMMERCIAL GENERAL LIABILITY X CP09658-00 06/22/22 08/14/22 EACH OCCURRENCE $ 1,000,000 X CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 _________________________________ MED EXP (Any one person) $ 10,000 _________________________________ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 1,000,000 OTHER $ A AUTOMOBILE LIABILITY X CP09658-00 710-04-11-30-0000Hired Auto Physical Damage Limit: Included in Misc. Equip Deductible: 10% of the loss, subject to a $2,500 minimum / $7,500 maximum Valuation: ACV 06/22/22 08/14/22 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO BODILY INJURY (Per person) $ OWNED AUTOS ONLY SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS ONLY X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ A UMBRELLA LIAB X OCCUR EX04545-00 Excess Over: General Liability Auto Liability Employers Liability Third Party Property Damage 06/22/22 08/14/22 EACH OCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION $ B WORKERS COMPENSATION AND EMPLOYERS' LABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A 406-04-87-81-0000“if any”Workers’ Compensation provided by the payroll service 06/22/22 06/23/23 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE – EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A PRODUCTION PACKAGE Miscellaneous Equipment Props, Sets & Wardrobe Third Party Property Damage LP 710-04-11-30-0000Special Form Territory: Worldwide Valuation: Replacement Cost 06/22/22 08/14/22 $1,000,000 Limit $ 2,500 Deductible $1,000,000 Limit $ 2,500 Deductible $1,000,000 Limit $ 1,500 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) The certificate holder is included as an additional insured under the general liability policy (per form CG 20 26 04 13) and auto liability policy (per policy form) and a loss payee under the production package policy but only as required by written contract and only with respect to the premises, vehicles, equipment, props, sets or wardrobe rented or leased by the named insured for the production: “Mistletoe Flip.” CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Administrative Services Committee Meeting 7/12/2022 1:10 PM Craig Houghton Lease Agreement Department:Office of the Administrator Presenter:Administrator Douse Caption:Motion to approve the lease agreement between Augusta, Ga and MSTFLIP Inc. Background:MSTFLIP Inc. is interested in utilizing the Craig Houghton Elementary School Building for fil related activities between July 1, 2022 – August 31, 2022. This film, sources by Film Augusta is anticipated to impact our local economy and film related activity Analysis:The film industry in the state of Georgia has brown from $20M to over $4B from 2007 to 2020. This direct spending can be seen throughout the state and local communities throughout. Film Augusta continues to recruit strong film prospects and diversify Augusta’s film resume. Financial Impact:Rental income of $3,428.58 for the sixty day time frame Alternatives:1) Motion to approve the lease agreement between Augusta, Ga and MSTFLIP Inc., 2) Do not approve the lease agreement between Augusta, Ga and MSTFLIP Inc., Recommendation:Motion to approve the lease agreement between Augusta, Ga and MSTFLIP Inc., Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 1 CONTRACT between AUGUSTA, GEORGIA And DUTCH HOUSE PROPERTIES, LLC in the amount of $202,000.00 USD Two Hundred and Six Thousand and 00/100 for Fiscal Year 2022 Providing funding for LANEY WALKER/BETHLEHEM REVITALIZATION PROJECT 1528 Twiggs Street THIS AGREEMENT (“Contract”), is made and entered into as of the ___ day of 2022 (“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 “HCD”) - with principal offices at 510 Fenwick Street, Augusta, Georgia 30901, as party of the first part, and Dutch House Properties, LLC., a developer, organized pursuant to the Laws of the State of Georgia, hereinafter called "Dutch House” as party in the second part. WITNESSETH WHEREAS, Augusta is qualified by the U. S. Department of Housing and Urban Development (hereinafter called HUD) as a Participating Jurisdiction, and has received Laney Walker/Bethlehem Bond Financing for the purpose of providing and retaining affordable and market rate housing for eligible families; and WHEREAS, DUTCH HOUSE, a procured developer and contractor with HCD 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 DUTCH HOUSE 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, DUTCH HOUSE 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 1528 Twiggs Street Contract Page 2 WHEREAS, DUTCH HOUSE has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, DUTCH HOUSE has requested, and Augusta has approved a total of $202,000.00 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. SCOPE OF SERVICES A. Scope of Services Project Description: DUTCH HOUSE agrees to utilize approved Laney Walker/Bethlehem Bond financing funds to support project related costs associated with the Laney Walker/Bethlehem Redevelopment Project. DUTCH HOUSE PROPERTIES, LLC agrees to match Laney Walker/Bethlehem Bond funds 50% of total construction cost in the form of reimbursement. Under this Agreement: DUTCH HOUSE will perform as a procured developer with Laney Walker/Bethlehem. DUTCH HOUSE will perform new construction for one (1) single family detached home identified as property number 1528 Twiggs Street. DUTCH HOUSE will perform all required construction management and project oversight; in accordance with all laws, ordinances, and regulations of Augusta. DUTCH HOUSE will 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. DUTCH HOUSE is to provide a finish schedule with the specifications, brands and model numbers for all interior finishes 90 days from completion for agreement by HCD. Actual material invoices may be requested to verify charges. B. Use of Funds: Laney Walker/Bethlehem Bond funds shall be used by DUTCH HOUSE 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 $202,000.00 1. Profit An amount not to exceed percent (50%) of the construction cost 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 DUTCH HOUSE 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 1528 Twiggs Street. The design and specifications of the property shall be approved by HCD prior to construction (see Appendix). HCD 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 1528 Twiggs Street. Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 3 2. Developer’s Fee Disbursements Developer’s Fee shall be dispensed when construction is 100% completed and certificate of occupancy is received. Developer’s Fee is dispensed upon sale of the home and should not exceed sixteen percent (16%). C. Program Location and Specific Goals to be Achieved DUTCH HOUSE shall conduct project development activities and related services in its project area Laney Walker/Bethlehem that incorporates the following boundaries: Fifteenth Street, R.A. Dent, Wrightsboro Road, Twiggs Street, MLK Boulevard and Walton Way. D. Project Eligibility Determination It has been determined that the use of Laney Walker/Bethlehem Bond Financing funds by DUTCH HOUSE 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, DUTCH HOUSE 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 DUTCH HOUSE 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 HCD. In addition, and upon approval by Augusta, DUTCH HOUSE 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 funds available in the following manner: 1. Augusta agrees to pay DUTCH HOUSE, a maximum of $202,000.00 under this Agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to DUTCH HOUSE’S compliance with all terms and conditions of this Agreement and the procedures for documenting expenses and activities as set forth in said Agreement. 2. The method of payment for construction costs, including only materials and labor as outlined and approved on the Work Write-Up, not to exceed the aforementioned contracted amount of $202,000.00 and shall be on a pay for performance basis provided DUTCH HOUSE and HCD determine the progress is satisfactory. DUTCH HOUSE shall utilize the AIA Form provided by HCD (see Appendix). For invoicing, DUTCH HOUSE will include documentation showing proof of completion of work in accordance with the amount requested, inspected, and accepted by HCD, lien waivers for vendors and sub-contractors, as specified in the Work Write-Up found in Exhibit B & E. 3. When nearing 50%, the developer, DUTCH HOUSE, should be prepared to pay their 50%: $101,000.00 as agreed to HCD for material and labor only. Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 4 4. HCD will monitor the progress of the project and DUTCH HOUSE’S performance on a weekly basis with regards to the production of housing units and the overall effectiveness of project. 5. 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. DUTCH HOUSE and HCD shall share in the cost and proceeds of developing the residence at 1528 Twiggs Street as follows: 6. 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. 7. 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 DUTCH HOUSE deemed satisfactorily progress made within the contracted construction only amount not to exceed fifty percent (50%) shall be paid to DUTCH HOUSE. 8. HCD will retain ten percent (10%) of an amount within the one hundred percent (100%) 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 DUTCH HOUSE and HCD determine that all HCD punch-list items have been satisfied. B. Project Financing The Augusta Housing and Community Development 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 DUTCH HOUSE for construction costs related to the development of one single family detached home identified as 1528 Twiggs Street. Additionally, HCD will provide 100% of all change orders (where applicable) as approved by HCD and DUTCH HOUSE in writing. All funding is being provided as payment for services rendered as per this Agreement. C. Timetable for Completion of Project Activities DUTCH HOUSE 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 120 days of said home identified as 1528 Twiggs Street. Liquidated Damages DUTCH HOUSE agrees to pay as liquidated damages to HCD the sum of two hundred dollars ($200.00) 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 DUTCH HOUSE. The Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 5 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 DUTCH HOUSE. 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 DUTCH HOUSE 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 DUTCH HOUSE 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 1528 Twiggs Street as part of the Laney Walker/Bethlehem Revitalization Project. HCD will have the latitude to pay such costs directly to the procured construction contractor. DUTCH HOUSE shall be paid a total consideration of no more than $202,000.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of HCD. 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 DUTCH HOUSE. Augusta shall adhere to the budget as outlined in the Work Write-Up (Exhibit B) in the performance of this contract. Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 6 ARTICLE III. TERM OF CONTRACT The term of this Agreement shall commence on the date when this Agreement is executed by Augusta and DUTCH HOUSE (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article II.C, or in accordance with ARTICLE X: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay-for-performance contract and in no event shall HCD provide advance funding to DUTCH HOUSE or any subcontractor hereunder. B. DUTCH HOUSE shall not use these funds for any purpose other than the purpose set forth in this Agreement. C. Subject to DUTCH HOUSE’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 DUTCH HOUSE for payment shall be accompanied by proper documentation and shall be submitted to HCD, 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. DUTCH HOUSE 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 DUTCH HOUSE. 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 1528 Twiggs Street, HCD is to provide DUTCH HOUSE with any outstanding payments on approved invoices and related costs received within ten (10) business days. ARTICLE V. ADMINISTRATIVE REQUIREMENTS Conflict of Interest DUTCH HOUSE 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 DUTCH HOUSE. 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 Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 7 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. DUTCH HOUSE 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 DUTCH HOUSE. In such instances, DUTCH HOUSE shall consult with HCD/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 DUTCH HOUSE. 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. DUTCH HOUSE 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 DUTCH HOUSE publications and/or advertisements. (24 CFR 570.601). B. DUTCH HOUSE agrees that the ownership in the housing assisted units must meet the definition of “homeownership” in §92.2. C. DUTCH HOUSE 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. DUTCH HOUSE 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 Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 8 development activity, an environmental review must be conducted by HCD pursuant to (24 CFR 570.604). F. Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001-4128), DUTCH HOUSE 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. DUTCH HOUSE 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. DUTCH HOUSE 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. DUTCH HOUSE 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. DUTCH HOUSE will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. DUTCH HOUSE 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. DUTCH HOUSE 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, DUTCH HOUSE 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. DUTCH HOUSE 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 HCD. L. In accordance with 24 CFR part 24, subpart F, DUTCH HOUSE 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 DUTCH HOUSE 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 HCD in making the project possible. The words “Augusta, Georgia Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 9 Department of Housing and Community Development" will be explicitly stated in any and all pieces of publicity; including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles. N. DUTCH HOUSE 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. DUTCH HOUSE agrees to obtain all necessary permits for intended improvements or activities. O. DUTCH HOUSE shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. P. DUTCH HOUSE agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HCD, 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. DUTCH HOUSE agrees to comply with any federally mandated requirements as to minority and women owned business enterprises. Q. 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 HCD at the time the subcontractors are retained to perform such physical services. R. DUTCH HOUSE 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 Richmond County. (24 CFR 570.697) Utilization of contractors and/or subcontractors outside of the Augusta, Georgia- Richmond County area is not desirable. S. DUTCH HOUSE 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 1528 Twiggs Street Contract Page 10 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. T. DUTCH HOUSE 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. DUTCH HOUSE will not discriminate against any person applying for shelter on the basis of religion. DUTCH HOUSE 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. U. Indirect costs will only be paid if DUTCH HOUSE has indirect cost allocation plan approved by the Augusta Housing and Community Development prior to the execution of this Contract. V. HCD shall not approve any travel or travel related expenses to DUTCH HOUSE with funds provided under this. W. 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. DUTCH HOUSE 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 fees. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of DUTCH HOUSE or any subcontractor of DUTCH HOUSE or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta Housing & Community Development Department. ARTICLE VII. SUSPENSION AND TERMINATION A. In the event DUTCH HOUSE 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, Georgia may withhold cash payments until DUTCH HOUSE cures any breach of the Agreement. If DUTCH HOUSE fails to cure the breach, Augusta may suspend or terminate the current award of funds. DUTCH HOUSE will not be eligible to receive any other funding. B. Damages sustained as a result of any breach of this Agreement. In addition, to any other remedies it may have at law or equity, HCD may withhold any payments to DUTCH HOUSE for the purposes of offsetting the exact amount of damages once determined. C. In the best interest of the project and to better serve the people in the target areas and fulfill the purposes of the Laney Walker/ Bethlehem Revitalization project, either party may terminate this Agreement upon giving thirty (30) day notice in writing of its intent to terminate, stating its reasons for doing so. In the event Augusta terminates this Agreement, Augusta shall pay Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 11 DUTCH HOUSE for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, DUTCH HOUSE shall not be relieved of any duties or obligations imposed on it under this Agreement with respect to HCD 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 DUTCH HOUSE under this contract. ARTICLE VIII. 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: Takiyah Douse, Interim Administrator Municipal Building 535 Telfair Street, Suite 910 Augusta, Georgia 30901 With copies to: Augusta Housing and Community Development Department ATTN: Hawthorne Welcher, Jr., Director 510 Fenwick Street Augusta, Georgia 30901 Dutch House Properties, LLC will receive all notices at the address indicated below: Dutch House Properties, LLC ATTN: Maureen Ruiz 200 Pleasant Home Rd. Augusta, GA 30907 With copies to: Larry McCord Design Build, LLC 2016 Highland Avenue Augusta, GA. 30904 Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 12 ARTICLE IX. INDEMNIFICATION DUTCH HOUSE will at all times hereafter indemnify and hold harmless Augusta, its officers, agents, and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation, or property, by virtue of the performance of this Agreement. By execution of this Agreement, DUTCH HOUSE 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 X. 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. HCD is not obligated to provide funding of any kind to DUTCH HOUSE beyond the term of this Agreement. DUTCH HOUSE 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 DUTCH HOUSE for the purpose of securing business and that DUTCH HOUSE has not received any non-Augusta fee related to this Agreement without the prior written consent of HCD. For breach or violation of this warranty, HCD 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 XI. 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 XII. 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. Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 13 ARTICLE XIII. COUNTERPARTS This Agreement is executed in two (2) counterparts– each of which shall be deemed an original and together shall constitute one and the same Agreement with one counterpart being delivered to each party hereto. ARTICLE XIV. INSURANCE The DEVELOPER/CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 14 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: Approved as to Form by (please initial here): Augusta, GA Law Department Date: ____________________ By: __________________________________ Mayor Hardie Davis, Jr., as its Mayor Date: ____________________ By: _______________________________ Takiyah Douse, as its Interim Administrator Date: _____________________ By: _________________________________ Hawthorne Welcher, Jr., as its Director Date: _____________________ By: ________________________ Lena Bonner, as its Clerk of Commission Affix Seal Here: ATTEST: DUTCH HOUSE PROPERTIES, LLC By: _________________________ Owner Date: _______________________ Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 15 APPENDIX 1 Architectural Plans/Designs Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 16 APPENDIX 2 American Institute of Architects (AIA) Form - Sample Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 17 APPENDIX 3 Statutes: (Available on Request) OMB Circular A-110 - Uniform Administrative Requirements for Grants and Agreement with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations OMB Circular A- 122 - Cost Principles for Non-Profit Organizations OMB Circular A-133 - Audits of Institutions of Higher Education & other Non-Profit Institutions 40 USC 276 Davis-Bacon Act 40 USC 327 Contract Work Hours and Safety Standard Act Uniform Relocation Assistance and Real Property Acquisition Policies Act Lead Based Paint Poisoning Prevention Act 24 CFR 35 – HUD Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Housing Receiving Federal Assistance and Federally-Owned Residential Property being sold, Final Rule Augusta, Georgia- Richmond County Procurement Policy Conflict of Interest Affidavit Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 18 APPENDIX 4 CONSTRUCTION REQUIREMENTS 1. All construction projects shall comply with Federal, State, and local codes and ordinances, including, but not limited to, the following: A. All work shall be in compliance with the International Building Code current edition of National Electric Code, International Plumbing and Mechanical Code, and ADA 2010 Guidelines. B. Georgia Energy Code International Energy Conservation Code (IECC-2015). C. Williams-Steiger Occupational Safety and Health Act of 1970, Public Law 91-596. D. 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). E. 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. F. 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 HCD for review and approval prior to bidding. HCD Construction and Rehabilitation Inspectors or HCD’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 Antioch Ministries, Inc. -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 HCD Approved Contractors List. A copy is enclosed for inclusion. 4. Inspections. All projects will be inspected and approved by an HCD Construction and Rehabilitation Inspector or HCD’s agent prior to release of the funds for that project. Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 19 APPENDIX 5 CONTRACTOR ACKNOWLEDGEMENT Larry L. McCord Design Build, 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, Larry L. McCord Design Build, LLC is deemed to possess knowledge concerning HCD ability to assume contractual obligations and the consequences of Contractor’s provision of goods or services to HCD under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that Larry L. McCord Design Build, LLC may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Larry L. McCord Design Build, LLC agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if Larry L. McCord Design Build, 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 Larry L. McCord Design Build, LLC. Larry L. McCord Design Build, LLC assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia (Laney Walker/Bethlehem Revitalization Project), 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. ____________________________________ Name Larry L. McCord Design Build, LLC, Owner Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 20 EXHIBIT A PROJECT SCHEDULE OF COMPLETION DUTCH HOUSE 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 HCD TO MONITOR AND ASSESS PROGRESS IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT. A SAMPLE SCHEDULE IS PROVIDED. Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 21 EXHIBIT B WORK WRITE-UP Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 22 EXHIBIT C PROJECT DEVELOPMENT AND MANAGEMENT PROCEDURES 1. HCD 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 DUTCH HOUSE in accordance with the attached drawdown schedule and budget. 2. HCD will provide the lot on which all new construction efforts will be performed under this Agreement and in connection with the project. 3. With HCD approval, DUTCH HOUSE 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, HCD may: i. Terminate the contractor in accordance with the “Provisions for Augusta Housing and Community Development Department (HCD)” 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 HCD and DUTCH HOUSE in writing of the cause of the delay. If the facts show the delay to be properly excusable under the terms of this contract, HCD 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. 5. New Construction Costs and Requirements Augusta Housing & Community Development Department 1528 Twiggs Street Contract Page 23 a. DUTCH HOUSE 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. DUTCH HOUSE must make sure contractors obtain and post all permits on job site. c. DUTCH HOUSE must collect progress and final lien releases from the contractor, subcontractors, and material suppliers prior to making a payment to a contractor. d. HCD 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. HCD may choose not to release payments if the work being performed is not of acceptable quality to HCD 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 HCD, 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, GA 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 HCD. DE S I G N /BU I L D REVISED DRAWN BY CHK'D. BY DATE SHEET NO. DESCRIPTION PROJECT NO. 20 1 6 HI G H L A N D AV E . AU G U S T A GA . 30 9 0 4 LA R R Y L. Mc C O R D A-001 ll m c c o r d @co m c a s t .ne t 70 6 73 3 29 3 1 (0) NE W RE S I D E N C E 3/2/22 PRELIM. FL. LLM THIS DRAWING IS THE PROPERTY OF LARRY L McCORD LLC DESIGN BUILD. AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART OR USED FOR FURNISHING INFORMATION TO OTHERS. ANY ATTEMPT TO REPRODUCE MUST BE APPROVED IN WRITING BY LARRY L McCORD OWNER OF LARRY L McCORD LLC DESIGN BUILD. 4/11/22 FIN. SET 15 2 8 TW I G G ST R E E T AU G U S T A GE O R G I A 30 9 0 1 AU G U S T A HO U S I N G & CO M M U N I T Y DE V L . AU G U S T A GE O R G I A 30 9 0 1 SHEET INDEX ID A-001 A-102 A-103 A-104 A-201 A-202 A-203 A-204 Name COVER SHEET 1. FIRST FLOOR A-103 FIRST FLOOR PLAN F-1 FOUNDATION PLAN NORTH ELEVATION EAST ELEVATION SOUTH ELEVATION WEST ELEVATION 11 ' - 6 " 14 ' - 0 " 14 ' - 0 " 14 ' - 0 " 13'-10"13'-10" 8" CMU 8"CMU 8"CMU 8"CMU 3000 psi 4" conc. slab w/ fiber mix, over 6mil.poly. and compacted soil to 95% density CJ CJ CJ CJ CJ CJ CJ UP TWIGG STREET DR I V E WA Y DR I V E WA Y WALK WAY SCALE: 1/4" = 1'-0" 3 Generic Axonometry (3) A-001 PROJECT DATA : FOR LOCATION: 1528 TWIGG STREET AUGUSTA ,GA. 30901 SQ. FT. 1,579 HEATED SQ. FT. 325 GARAGE SQ. FT. TOTAL 1,904 AUGUSTA HOUSING AND COMMUNITY DEVL. FS-1 NCS DOOR FTNISH SCHEDULE DE S I G N /BU I L D REVISED DRAWN BY CHK'D. BY DATE SHEET NO. DESCRIPTION PROJECT NO. 20 1 6 HI G H L A N D AV E . AU G U S T A GA . 30 9 0 4 LA R R Y L. Mc C O R D A-103 ll m c c o r d @co m c a s t .ne t 70 6 73 3 29 3 1 (0) NE W RE S I D E N C E 3/2/22 PRELIM. FL. LLM THIS DRAWING IS THE PROPERTY OF LARRY L McCORD LLC DESIGN BUILD. AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART OR USED FOR FURNISHING INFORMATION TO OTHERS. ANY ATTEMPT TO REPRODUCE MUST BE APPROVED IN WRITING BY LARRY L McCORD OWNER OF LARRY L McCORD LLC DESIGN BUILD. 4/11/22 FIN. SET 15 2 8 TW I G G ST R E E T AU G U S T A GE O R G I A 30 9 0 1 AU G U S T A HO U S I N G & CO M M U N I T Y DE V L . AU G U S T A GE O R G I A 30 9 0 1 1 2 3 4 4 RI S E R S (8 21 /32 ") 1 2 3 4 4 RISERS (7 13/16") 72 2'-8" by 5'-0" 18 3'-0" by 6'-8" 17 3'-0" by 6'-8" 18 2'-0" by 6'-8" 21 2'-8" by 6'-8" 22 2'-8" by 6'-8" 20 2'-0" by 6'-8" 16 2'-8" by 6'-8" 25 2'-0" by 6'-8" 18 2'-8" by 6'-8" 20 8'-0" by 8'-0" 19 2'-8" by 6'-8" 14 2'-8" by 6'-8" 23 2'-0" by 6'-8" 13 2'-8" by 6'-8" 15 2'-8" by 6'-8" 75 2'-8" by 5'-0" 76 2'-8" by 5'-0" 75 2'-8" by 5'-0" 76 2'-8" by 5'-0" 69 2'-8" by 5'-0" 70 2'-8" by 5'-0" F DW DR W F AFL F F F A FL A F L 25'-4 3/4"3'-7 1/4" 29'-0" 4' - 1 / 2 " 24 ' - 6 3/ 4 " 30 ' - 3 " 14 ' - 2 " 73 ' - 1 / 2 " 14'-1 3/4"14'-10 1/4" 3' - 0 " 29'-0" 4' - 1 / 2 " 69 ' - 0 " 73 ' - 1 / 2 " 24'-7 1/2" 13 ' - 9 1/ 2 " 6' - 6 3/ 4 " 11 ' - 2 " 11'-5 1/4" 5' - 1 / 4 " 11 ' - 6 3/ 4 " 6'-9 3/4"4'-3" 14 ' - 6 3/ 4 " 28'-4" 8'-1" 9'-3 1/2" 5'-8" 2' - 4 1/ 4 "6' - 9 1/ 2 " 10'-2 1/2" 12'-6" 14 ' - 2 " 4' - 4 3/ 4 " 11'-9 3/4" 3' - 4 3/ 4 "AC PORCH Garage CLO.2 CLO.3 LAUN. BEDRM. 1 BEDRM. 2 OWNER BEDRM. OWNER BATHRM. BATHRM.2 KITCHEN DININGLIVING RM. CLO.1 WH UP PORCH GFI EF 3 3 STOVE DW F.L. F.L. F.L. F.L. CHANDELIER GFI GFI GFI GFI EF GFIGFI sh l v . SCALE: 1/4" = 1'-0" 1 ELECTRICAL PLAN A-103 SCALE: 1/4" = 1'-0" 2 Generic Axonometry (3) A-103 DE S I G N /BU I L D REVISED DRAWN BY CHK'D. BY DATE SHEET NO. DESCRIPTION PROJECT NO. 20 1 6 HI G H L A N D AV E . AU G U S T A GA . 30 9 0 4 LA R R Y L. Mc C O R D A-104 ll m c c o r d @co m c a s t .ne t 70 6 73 3 29 3 1 (0) NE W RE S I D E N C E 3/2/22 PRELIM. FL. LLM THIS DRAWING IS THE PROPERTY OF LARRY L McCORD LLC DESIGN BUILD. AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART OR USED FOR FURNISHING INFORMATION TO OTHERS. ANY ATTEMPT TO REPRODUCE MUST BE APPROVED IN WRITING BY LARRY L McCORD OWNER OF LARRY L McCORD LLC DESIGN BUILD. 4/11/22 FIN. SET 15 2 8 TW I G G ST R E E T AU G U S T A GE O R G I A 30 9 0 1 AU G U S T A HO U S I N G & CO M M U N I T Y DE V L . AU G U S T A GE O R G I A 30 9 0 1 25'-4"3'-8" 29'-0" 4' - 1 / 2 " 24 ' - 6 3/ 4 " 30 ' - 3 " 14 ' - 2 " 73 ' - 1 / 2 " 14'-1 3/4"14'-10 1/4" 29'-0" 4' - 1 / 2 " 69 ' - 0 " 73 ' - 1 / 2 " 11 ' - 6 " 14 ' - 0 " 14 ' - 0 " 14 ' - 0 " 13'-10"13'-10" 8" CMU 8"CMU 8"CMU 8"CMU Control Joint 1/4" Deep see plans for locations 4" Conc. Slab 1/2" gyp. bd. 3.5"batt insulation 1/2" osb plywd. house wrap 2x4 treated bott. pl. 1' air space brick veneer 10"anchor bolts @ 6'o.c. 8" c.m.u 12" dura wall 16" o.c. 6" BATT INSULAT. 3000 PSI concrete footing (2) #4 rebar contin. Hardie siding 2x4's 16" O.C. brick rowlock 4"concrete slab 3000psi over 6 mil. poly, compacted soil3000 psi 4" conc. slab w/ fiber mix, over 6mil. poly. and compacted soil to 95% density CJ CJ CJ CJ CJ CJ CJ 4" CONTROL JOINT DETAIL NTS 2' - 0" 8" FOOTING, AND FOUNDATION NOTE FROUNDATION & SLAB SUB GRADE SHALL BE TERMITE TREATED & INSPECTED BEFORE SLAB POURED. FROUNDATION ANCHOR BOLT SHALL BE 1/2"X 10" & SPACED 6' O.C. INSTALL ONE ANCHOR BOLT 12" OFF EACH CORNER. SEE FOUNDATION PLAN FOR LOCATION OF 8" INCH THICKEN GRADE BEAMS. FINISH ELEVATIONSSHALL PROVIDE A POSITIVE A POSITIVE WATER FLOW AWAY FROM THE BUILDING ON ALL SIDE. PROTECT ADJACENT STREET & OTHER PROPERTY FROM SOIL EROSION. PROVIDE C POP SILK FENCING AS NEEDED TO PREVENT SOIL EROSION. YARD GRASS SHALL BE ESTABLISH BEFORE FINAL INSPECTION IS ISSUE AND OR CERTIFICATE OF OCUPANCY. DO NOT SCALE DRAWING; IF ANY CLARITY NEEDED CALL DESIGN BUILD CONTRACTOR LISTED ON THE PLANS. ALL EXISTING UTILITIES SHALL BE LOCATED AND PROPERLY MARKED BEFORE ANY DIGGING ON SITE. (CALL 811 FOR ALL LOCATES.) ALL CONSTRUCTION PHASES SHALL BE GOVERN BY THE LOCAL CODE ,THE INTERNATIONAL RESIDENTIAL BUILDING CODES, INTERNATINAL PLUMBING & MECHANICAL CODE, NATIONAL ELECTRICAL CODE, & ANY UPDATES THAT APPLY. ALL SUBCONTRACTOR & TRADEMANS SHALL VERIFY ANY CONCERN OR ERRORS IN WRITING TO THE CONTRACTOR FOR CLARITY OR DICUSSION. DESIGN BUILD CONTRACTOR SHALL BE HELD HARMLESS FOR ANY ERRORS OR OMISSIONS. SCALE: 1/4" = 1'-0" 1 FOUNDATION PLAN A-104 DE S I G N /BU I L D REVISED DRAWN BY CHK'D. BY DATE SHEET NO. DESCRIPTION PROJECT NO. 20 1 6 HI G H L A N D AV E . AU G U S T A GA . 30 9 0 4 LA R R Y L. Mc C O R D A-203 ll m c c o r d @co m c a s t .ne t 70 6 73 3 29 3 1 (0) NE W RE S I D E N C E 3/2/22 PRELIM. FL. LLM THIS DRAWING IS THE PROPERTY OF LARRY L McCORD LLC DESIGN BUILD. AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART OR USED FOR FURNISHING INFORMATION TO OTHERS. ANY ATTEMPT TO REPRODUCE MUST BE APPROVED IN WRITING BY LARRY L McCORD OWNER OF LARRY L McCORD LLC DESIGN BUILD. 4/11/22 FIN. SET 15 2 8 TW I G G ST R E E T AU G U S T A GE O R G I A 30 9 0 1 AU G U S T A HO U S I N G & CO M M U N I T Y DE V L . AU G U S T A GE O R G I A 30 9 0 1 2' - 6 " vinly shake siding 1x6 hardie trim rectangler vinyl gable vent architectural shingle 1x4 hardie trim 1x4 hardie trim 1x8 hardie trim 1x8 hardie trim 1x4 hardie trim 7" hardie siding brick rowlock (4) wd.6x6 col. brick col. conc. top 7 12 5'-0" 1'-6" 9' - 0 " 30 year architectural shingle 1x4 hardie trim 1x8 hardie trim 1x4 hardie trim 7" hardie siding brick rowlock 1x4 hardie trim 1x4 hardie trim 1x8 hardie trim ridge vent per 1x6 wd. col. conc. top brick col. FLOOR LINE CLG. LINE 9' - 0 " 1'-2 1/4" 2' - 5 1/ 2 " 30 year architectural shingle 1x4 hardie trim 1x8 hardie trim1x4 hardie trim 7" hardie siding brick rowlock 1x4 hardie trim 1x4 hardie trim 1x8 hardie trim ridge vent per 1x6 wd. col. conc. top brick col. fl. line clg. line 30 year architectural shingle 1x4 hardie trim 1x8 hardie trim1x4 hardie trim 7" hardie siding brick rowlock 1x4 hardie trim 1x4 hardie trim 1x8 hardie trim ridge vent per 1x6 wd. col. conc. top brick col. brick rowlock 7" hardie siding 1x4 hardie trim SCALE: 1/4" = 1'-0" 2 NORTH ELEVATION A-203 SCALE: 1/4" = 1'-0" 4 EAST ELEVATION A-203 SCALE: 1/4" = 1'-0" 3 WEST ELEVATION A-203SCALE: 1/4" = 1'-0" 1 SOUTH ELEVATION A-203 DE S I G N /BU I L D REVISED DRAWN BY CHK'D. BY DATE SHEET NO. DESCRIPTION PROJECT NO. 20 1 6 HI G H L A N D AV E . AU G U S T A GA . 30 9 0 4 LA R R Y L. Mc C O R D FS-1 ll m c c o r d @co m c a s t .ne t 70 6 73 3 29 3 1 (0) NE W RE S I D E N C E 3/2/22 PRELIM. FL. LLM THIS DRAWING IS THE PROPERTY OF LARRY L McCORD LLC DESIGN BUILD. AND IS NOT TO BE REPRODUCED OR COPIED IN WHOLE OR IN PART OR USED FOR FURNISHING INFORMATION TO OTHERS. ANY ATTEMPT TO REPRODUCE MUST BE APPROVED IN WRITING BY LARRY L McCORD OWNER OF LARRY L McCORD LLC DESIGN BUILD. 4/11/22 FIN. SET 15 2 8 TW I G G ST R E E T AU G U S T A GE O R G I A 30 9 0 1 AU G U S T A HO U S I N G & CO M M U N I T Y DE V L . AU G U S T A GE O R G I A 30 9 0 1 FINISH SCHEDULE ROOM NAME FLOOR BASE WALLS MATERIAL FINISH CEILING CEILING HGT.REMARKS 9'-0"PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED PAINTED GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. GYP. BD./ SMOOTH CLG. Luxury Vinyl Tile Luxury Vinyl Tile Luxury Vinyl Tile CARPET Luxury Vinyl Tile Luxury Vinyl Tile Luxury Vinyl Tile CONCRETE CONCRETE 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. 3 1/2" WD. BASE Wd. GYP. BD.9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" 9'-0" LIVING RM. DINING RM. KITCHEN HALLWAY BEDRM. #1 BEDRM. #2 OWNER BEDRM. AC CLO. BEDRM. CLO. BEDRM. CLO. OWNER CLO. OWNER BATHRM. BATHRM. #2 LAUN. RM. GARAGE Luxury Vinyl Tile CARPET CARPET CARPET CARPET CARPET 3 1/2" WD. BASE Wd. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. GYP. BD. DOOR ELEVATION WINDOW ELEVATION SIX PANEL EXTER. MET. DOOR SIX PANEL MASONITE INTER. DOOR 6'-8" 6'-8" NOTE: ALL INTER. TRIM SHALL BE PAINT FINISH. Administrative Services Committee Meeting 7/12/2022 1:10 PM HCD_ Laney Walker/Bethlehem new construction of one (1) single family home Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve development of (1) single-family home, new construction. Background:In 2008, the Augusta Commission passed legislation supporting community development in Laney Walker/Bethlehem. Since that time, the Augusta Housing & Community Development Department has developed a master plan and development guidelines for the area, set up financial incentive programs for developers and home buyers, selected a team of development partners to focus on catalytic change, and created a marketing strategy to promote the overall effort. This project involves the new construction of one (1) single family home (workforce) identified as 1528 Twiggs Street, within Laney Walker/Bethlehem. Address Budget Project Type 1528 Twiggs Street $202,000 New Construction Augusta, GA 30901 (labor/material) Analysis:The approval of the contract will allow for development activities on these sites to begin. Financial Impact:HCD utilizes Laney Walker/Bethlehem Revitalization funding. Contract Amount 1528 Twiggs Street - $202,000 Alternatives:Deny HCDs Request Recommendation:Motion to approve Housing and Community Development Department’s (HCD's) request to provide Laney Walker/Bethlehem Revitalization Funding to contract with Capitalrise, LLC to develop new construction of one (1) single family workforce unit, identified as 1528 Twiggs Street, within Laney Walker/Bethlehem. Funds are Available in the Following Accounts: Funding: Laney Walker/Bethlehem Revitalization funding GL Code: 298- 07-7343-5413150 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Thursday, March 31, 2022 @ 3:00 p.m. via ZOOM Meeting ID: 824 5498 1414; Passcode: 779980 for furnishing: Bid Item #22-178 Asphalt Patch Repair, Concrete Curb, and Sidewalk Replacement for Augusta, GA – Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. 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, March 18, 2022 @ 5:00 P.M. No bid will be accepted by fax or email, 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. GEORGIA E-Verify and Public Contracts: The Georgia E-Verify law requires contractors and all sub-contractors on Georgia public contract (contracts with a government agency) for the physical performance of services over $2,499 in value to enroll in E-Verify, regardless of the number of employees. They may be exempt from this requirement if they have no employees and do not plan to hire employees for the purpose of completing any part of the public contract. Certain professions are also exempt. All requests for proposals issued by a city must include the contractor affidavit as part of the requirement for their bid to be considered. 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 or email, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 24, 2022 and March 3, 10, 17, 2022 Metro Courier February 24, 2022 OFFICIAL VENDORS J & B Construction and Services Inc 3550 Gordon Highway Grovetown, GA 30813 Blair Construction Inc 4308 Evans To Locks Rd. Evans, GA 30809 LEP Contracting LLC 2917 Foxhall Circle Augusta, GA 30907 Georgia-Carolina Paving Company 3020 Milledgeville Rd. Augusta, GA 30904 Attachment B Yes Yes Yes Yes Addendum 1 Yes Yes Yes Yes E-Verify Number 229939 224004 1512510 100183 SAVE Form Yes Yes Yes Yes 6% Compliance Goal Yes - Compliant Yes - Compliant No - Non Compliant No - Non Compliant Asphalt 2" Thick $354,375.00 $91,000.00 $103,950.00 $122,500.00 Curb & Gutter $12,150.00 $10,000.00 $4,840.00 $7,000.00 Concrete Sidewalk, 4" Think $5,400.00 $68,600.00 $49,214.00 $3,000.00 Graded Aggregate Base $27,000.00 $45,000.00 $15,400.00 $200.00 Saw Cutting (when approved by AUG $340.00 $300.00 $275.00 $25.00 Mobilization $6,480.00 $12,000.00 $12,000.00 $2,000.00 Emergency Moblization $2,700.00 $5,000.00 $3,000.00 $1,300.00 Total $408,445.00 $231,900.00 $188,679.00 $136,025.00 Bid Opening Bid Item #22-178 Asphalt Patch Repair, Concrete Curb, and Sidewalk Replacement for Augusta, Georgia- Utilities Department Bid Due: Thur April 14, 2022 @ 3:00 p.m. Total Number Specifications Mailed Out: 13 Total Number Specifications Download (Demandstar): 2 Total Electronic Notifications (Demandstar): 110 Total Georgia Procurement Registry: 859 Total packages submitted: 4 Total Non-Compliant: 2 Bid Form: Page 1 of 1 Thought Process, LLC 6736 S. Cregier Ave. Chicago, IL 60649 Mass Media Marketing LLC dba M3 Agency 229 Fury's Ferry Rd. Ste 123 Augusta, GA 30907 Alison South Marketing Group 668 Broad St. Augusta, GA 30901 Financial Athletes of America 1208 Eisenhower Hr. Augusta, GA 30904 A.D. Creative 105 North Broadway Billings, MT 59101 Tranter Grey Media 4075 Evans To Locks Rd. Evans, GA 30809 BSRM 1348 Beecker St. SW Atlanta, GA 30310 She Creates Enterprises 10968 Woodbury Hwy Greenville, GA 30222 Thought Process, LLC 6736 S. Cregier Ave. Chicago, IL 60649 Mass Media Marketing LLC dba M3 Agency 229 Fury's Ferry Rd. Ste 123 Augusta, GA 30907 Alison South Marketing Group 668 Broad St. Augusta, GA 30901 Financial Athletes of America 1208 Eisenhower Hr. Augusta, GA 30904 A.D. Creative 105 North Broadway Billings, MT 59101 Tranter Grey Media 4075 Evans To Locks Rd. Evans, GA 30809 BSRM 1348 Beecker St. SW Atlanta, GA 30310 She Creates Enterprises 10968 Woodbury Hwy Greenville, GA 30222 Evaluation Criteria Ranking Points Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) Scale 0 (Low) to 5 (High) 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS FAILED 2. Qualifications & Experience (0-5)20 3.0 5.0 4.0 2.0 3.0 3.5 3.0 60 100 80 40 60 70 60 3. Organization & Approach Include (0-5)15 3.0 5.0 4.5 2.0 3.5 3.5 2.5 45 75 67.5 30 52.5 52.5 37.5 4. Scope of Services • Providing professional, effective communication services • Producing quality graphic design and copywriting • Devising, implementing and coordinating marketing campaigns and promotions • Developing, implementing, monitoring and adjusting media strategies while working within a modest budget to promote programs, events, and facilities • Coordinating with multiple parties to meet deadlines • Capacity - Explain proposer’s workload cap Augusta and level of experience commensurate with the level of service required by the City. Ability of the firm to complete the individual task within the requested time frame listed included in Section III. • Facilities - Explain proposer’s facilities and availability of support staff. • Insurance - Proof of Insurance of $2 million comprehensive and automobile liability insurance, as well as proof of coverage by Workers’ Compensation Insurance or exemption. • Sub-consultants - A list of the tasks, responsibilities, and qualifications of any sub-consultants proposed to be used on a routine basis. • Local Resources - Describe your proposed use of local businesses and markets in and around Augusta. Include the steps you have taken in the past to support local businesses and promote community involvement as well as the steps you would take if selected for this project. (0-5)40 3.0 5.0 4.5 1.5 3.5 4.0 3.0 120 200 180 60 140 160 120 5. Financial Stability (0-5)5 3.0 5.0 4.5 1.0 3.5 4.0 3.0 15 25 22.5 5 17.5 20 15 6. References (0-5)5 5.0 5.0 5.0 5.0 5.0 5.0 5.0 25 25 25 25 25 25 25 25 17 25 22.5 11.5 18.5 20 16.5 265 425 375 160 295 327.5 257.5 7. Presentation by Team (0-5)10 0.0 5.0 2.5 0.0 0.0 4.5 0.0 0 50 25 0 0 45 0 8. Q&A Response to Panel Questions (0-5)5 0.0 5.0 3.5 0.0 0.0 4.0 0.0 0 25 17.5 0 0 20 0 15 0 10 6 0 0 8.5 0 0 75 42.5 0 0 65 0 17 35 28.5 11.5 18.5 28.5 16.5 265 500 417.5 160 295 392.5 257.5 Evaluation Sheet Item - RFQ Item #22-159 Marketing Services for Augusta, GA – Housing and Community Development RFQ Evaluation Meeting: Monday, February 28, 2022 @ 3:00 p.m. Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered Vendors Phase 1 Total Phase 2 - (Total Maximum Ranking 10 - Maximum Weighted Total Possible 75) Ranking of 0-5 (Enter a number value between 0 and 5) Weighted Scores Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 425) Procurement DepartmentRepresentative:____________Nancy Williams________________________________ Procurement Department Completion Date: ___________3/30/22__________________ Phase 2 (Option - Numbers 7-8 (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: _____Cumulative ____________________ Date: _3/09/22 - Phase I_ 03/30/2022__Phase II_______ AUGUSTA HOUSING & COMMUNITY DEVELOPMENT MARKETING SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND MASS MEDIA MARKETING, LTD. This Agreement made and entered into this _____ day of ______ 2022 (the “Effective Date”), by and between Augusta, Georgia, (hereinafter referred to as the Augusta) a political subdivision of the State of Georgia, acting by and through the Augusta Housing & Community Development whose address is 510 Fenwick St, Augusta, GA 30901, and Mass Media Marketing, LTD., (hereinafter referred to as the Consultant) a Georgia corporation whose address is 229 Fury’s Ferry Rd, Ste 123, Augusta, GA 30907. WHEREAS, Augusta Housing & Community Development on behalf of Augusta, Georgia, desired to retain the services of a full service advertising agency to provide counsel, perform market research, to develop a comprehensive integrated marketing strategy and to produce a multifaceted advertising campaign to support the mission of Augusta Housing & Community Development and WHEREAS, Augusta Housing & Community Development facilitates and supports the growth of related industry to strengthen the local Augusta economy and home development sectors. WHEREAS, Augusta received proposals from several qualified firms in response to its Request for Proposal (RFP) 22-159; and WHEREAS, after reviewing the proposals Augusta Housing & Community Development determined it would be in its best interest to enter into an Agreement with Consultant to provide these services, and recommended said Consultant for award to the Augusta Commission; and WHEREAS, on the _____th day of ________, 2022, the Augusta, Georgia Commission approved the award for said marketing services to Consultant. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Consultant and Augusta, intending to be legally bound, do hereby covenant and agree as follows: ARTICLE I. SCOPE OF SERVICES TO BE PROVIDED A. Consultant is authorized to purchase advertising space, time, services and materials. Consultant understands its authorization shall be subject to the budgets, plans, policies and terms as approved by Augusta Housing & Community Development . B. Consultant may, after receiving written authorization from Augusta Housing & Community Development, execute standard contracts and order forms that are used in the advertising industry to purchase advertising. C. Consultant may provide marketing for special events, community outreach projects and other marketing tasks as assigned by Augusta Housing & Community Development . D. Consultant may provide Augusta Housing & Community Development with facilitation and assistance with Strategic Plan creation and implementation. E. Consultant will provide Integrated Marketing Program development and implementation. The Program might include, but not be limited to the development of, detailed annual media plan, public relations campaign, multi-media advertising (design, produce, and buy for both traditional and non-traditional media), website design, podcast development, event planning and marketing, and direct marketing. F. Consultant shall facilitate the development and implementation of a comprehensive and cohesive marketing and outreach strategy to help build the brand and identity of Augusta Housing & Community Development’s brands in order to foster home and economic development through marketing to prospective residents, industries and businesses. G. Consultant shall provide consultation and creative support in order to reinforce Augusta Housing & Community Development’s brand positioning, and respond quickly to opportunities that present themselves such as improvements in fares, services or economic development opportunities. H. Consultant shall research opportunities and outreach strategies to develop strategic alliance partnerships in order to expand the Augusta Housing & Community Development’s alliance partner base. I. Consultant warrants it has a strong understanding of design, branding, economic and commercial development, Augusta Housing & Community Development and the challenges and opportunities they face. J. Consultant warrants it has the ability to develop a complete marketing, branding and communication strategy that draws upon the strengths of Augusta Housing & Community Development and its available property. K. Consultant shall provide any other services that were part of Consultant’s Response to RFP 22-159, which is attached hereto as Exhibit “A,” and incorporated herein. ARTICLE II GENERAL CONDITIONS A. Agreement Term The term of this Agreement commences on the Effective Date hereof and terminates absolutely and without further obligation on the part of Augusta, Georgia each and every December 31st, unless terminated earlier in accordance with the termination provisions of the Agreement. The term of this agreement automatically renews on each January 1st, unless terminated in accordance with the termination provisions of the Agreement. The term of this agreement shall terminate absolutely, with no further renewals, two years from the Effective Date, unless extended by written amendment. All extensions shall be annually, for an additional one year term upon mutual consent of both parties with all terms and conditions remaining the same. In no case shall this Agreement shall be extended more than two (2) times. B. Work Authorization. Each assignment performed under Article I will be initiated upon the specific written or verbal request and authorization of Augusta Housing & Community Development. ARTICLE III AUGUSTA HOUSING & COMMUNITY DEVELOPMENT RESPONSIBILITIES A. Basic Data Provided By Augusta Housing & Community Development. Augusta Housing & Community Development will assist the Consultant in obtaining such data and information as are needed and available. B. Augusta Housing & Community Development Representative. To expedite the undertaking of services performed under this Agreement and to permit the coordination of materials, commitments, and correspondence, Augusta Housing & Community Development will designate a specific staff member as its representative to whom all correspondence, materials, and requests for conferences and information will be directed. Augusta Housing & Community Development designates Shauntia Lewis, SLewis@augustaga.gov, as its representative to whom all correspondence should be directed. ARTICLE IV CONSIDERATION/FEES A. Augusta Housing & Community Development shall pay to Consultant the fees and expenses as set forth on Exhibit “B” (the "Rate Schedules"), which is attached hereto and incorporated herein. The rates as set forth in Exhibit “B” shall be in effect for the duration of this Agreement. The fees to be paid to Consultant for services under this Agreement will be determined either on the actual time and materials expended on the work or on a per project basis, depending on the nature of the assignment requested and will be subject to Augusta Housing & Community Development’s acceptance and approval for each assignment. B. Adjustment in price in this Agreement shall be computed in one of the following ways: a. By agreement on a fixed price adjustment before commence of the pertinent performance or as soon thereafter as practicable; b. By unit prices specified in this Agreement or subsequently agreed upon; c. By the costs attributable to the events or situations under such clause with adjustment of profit or fee, all as specified in this Agreement or subsequently agreed upon; and/or d. In such other manner as the contracting parties may mutually agree upon. ARTICLE V REPRESENTATIONS AND WARRANTIES OF CONSULTANT Consultant hereby represents and warrants to Augusta Housing & Community Development as follows: A. The Consultant warrants that it has knowledge and experience in city government departments; knowledge and experience in marketing such departments; experience in integrated marketing program development and implementation; working knowledge and success with consumer branding and effective advertising; a proven record in facilitation and designing strategic plans and comprehensive resources in the area of experience, expertise, creative talent and manpower, as well as the necessary systems to provide the required services and programs. B. Due Authorization and Binding Obligation. This Agreement has been duly authorized, executed and delivered by Consultant and constitutes a legal, valid and binding obligation of Consultant, enforceable against Consultant in accordance with its terms, except to the extent its enforceability may be limited by (i) applicable bankruptcy, reorganization, moratorium or similar laws affecting enforcement of creditors' rights or remedies generally, (ii) general equitable principles concerning remedies, and (iii) limitations on the enforceability of rights to indemnification by federal or State laws or regulations or public policy. C. No Conflict. To its knowledge, neither the execution nor delivery of this Agreement by Consultant, nor the performance by Consultant of its obligations hereunder (i) conflicts with, violates or results in a material breach of any law or governmental regulation applicable to Consultant, (ii) conflicts with, violates or results in a material breach of any term or condition of any order, judgment or decree, or any contract, agreement or instrument, to which Consultant is a party or by which Consultant or any of its properties or assets are bound, or constitutes a material default under any of the foregoing, or (iii) constitutes a default under or results in the creation of, any lien, charge, encumbrance or security interest upon any assets of Consultant under any agreement or instrument to which Consultant is a party or by which Consultant or its assets may be bound or affected. D. No Approvals Required. No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution and delivery of this Agreement by Consultant or the performance of its obligations hereunder, except such as have been duly obtained or made. E. Financial Condition. There has been no material adverse change in the financial condition of Consultant that would impair the ability of Consultant to perform its obligations under this Agreement. F. No Collusion. Consultant's Proposal is genuine and not collusive or a sham. Consultant has not colluded, conspired, connived or agreed, directly or indirectly, with any other person, to put in a sham proposal, or to refrain from proposing, and has not in any manner, directly or indirectly, sought, by agreement, collusion, communication or conference with any person, to fix the prices of Consultant's proposal or the proposals of any other person or to secure any advantage against any person interested in this Agreement. G. Information Supplied By Consultant. The information supplied and representations and warranties made by Consultant and in all submittals made in response to the RFP, including Consultant's Proposal, and in all post-proposal submittals with respect to Consultant (and, to its knowledge, all information supplied in such submittals with respect to any subsidiary or subcontractor) are true, correct and complete in all material respects. Consultant's Proposal does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein, or necessary in order to make the statements therein not misleading. H. Ethics: Gratuities and Kickbacks. Neither Consultant, any subsidiary, or any agent or other representative of Consultant has given or agreed to give, any employee or former employee of Augusta Housing & Community Development or any other person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a procurement requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any procurement requirement or an Agreement or subcontract, or to any solicitation or proposal for an Agreement or subcontract. Notwithstanding any other provision hereof, for the breach or violation of this representation and warranty and upon a finding after notice and hearing, Augusta may terminate this Agreement. I. Contingent Fees. The Consultant 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 Consultant for the purpose of securing business and that the Consultant has not received any non-Augusta fee related to this Agreement without the prior written consent of the Augusta. For breach or violation of this warranty, the Augusta shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. J. Existence and Powers. Consultant is a corporation duly organized and validly existing under the laws of Georgia and is duly qualified to do business in the State of Georgia, with full power, authority and legal right to enter into and perform its obligations under this Agreement. ARTICLE VI TERMINATION A. Augusta may terminate this Agreement upon thirty (30) days written notice to the Consultant for any reason whatsoever at its sole discretion. Augusta Housing & Community Development shall upon invoice, pay for all service rendered to the date of termination as provided for herein. B. Augusta shall have the right to terminate this Agreement for a violation of the terms hereof, at any time after thirty (30) days’ notice, other such other time period as set forth in such notice, has been given to the Consultant and unless corrective action has been taken or commenced within said thirty (30) day period and thereafter diligently completed. C. Termination of the Agreement for Default. Failure of the Consultant, which has not been remedies or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. Augusta, Georgia may terminate this contract in part or in whole upon written notice to the Consultant pursuant to this term. D. Augusta shall have the right to terminate this Agreement immediately upon or after any of the following: 1. Assignment for Creditors: The Consultant makes a general assignment for the benefit of creditors. 2. Bankruptcy: The Consultant files a petition for relief as a debtor under any Article or chapter of the Federal Bankruptcy Code, as amended from time to time. 3. Receivership: A receiver, trustee, or custodian is appointed for all or substantially all of the assets of the Consultant in any proceeding brought by or against the Consultant, or the Consultant consents to or acquiesces in such appointment. C. Termination. Augusta may terminate this Agreement any time for breach of contractual obligations by providing written notice of such cancellation. Should Augusta exercise its right to cancel the Agreement for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation. Furthermore, Augusta may terminate this Agreement at any time upon the giving of written notice as follows: 1. In the event that the Consultant fails to discharge any obligations or remedy any default or breach under this Agreement for a period continuing more than thirty (30) days after the providing written notice specifying such failure or default and that such failure or default continues to exist as of the date upon which such notice so terminating this Agreement is given; or 2. In the event that the Consultant makes an assignment for the benefit of creditors, or commences or has commenced against it any proceeding in bankruptcy, insolvency, or reorganization pursuant to bankruptcy laws or laws of debtor's moratorium; or 3. In the event that appropriate and otherwise unobligated funds are no longer available to satisfy the obligations of Augusta Housing & Community Development. D. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter the scope of this Agreement, Augusta Georgia may unliterally order a temporary stopping of the work, or delaying of the work to be performed by Consultant under this Agreement. ARTICLE VII MISCELLANEOUS PROVISIONS A. Consultant will promptly observe and comply with applicable provisions of all published federal, state, and local laws, rules and regulations which govern or apply to the services rendered by Consultant herein, or to the wages paid by Consultant to its employees. B. Consultant will procure and keep in force during the term of this Agreement all necessary licenses, registrations, certificates, permits, and other authorizations as are required herein. C. All reports, documents, data bases, commercials, and other deliverable products produced by Consultant for sole purposes of Augusta Housing & Community Development under the terms of this Agreement will at all times be the exclusive property of Augusta Housing & Community Development. D. Governing Law. This Agreement and any questions concerning its validity, construction or performance shall be governed by the laws of the State of Georgia, irrespective of the place of execution or the place or places of performance. E. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. F. Severability. In the event that any part, provision or term of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties shall negotiate in good faith and agree to such amendments, modifications, or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein, and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise affected by such action, remain in full force and effect. G. No Third Party Beneficiary. This Agreement is intended to be solely for the benefit of Consultant and Augusta and their respective successors and permitted assigns and is not intended to and shall not confer any rights or benefits on any Person not a signatory hereto. H. Augusta Housing & Community Development Approvals and Consents. When this Agreement requires any approval or consent by Augusta Housing & Community Development to a Consultant submission, request or report, the approval or consent shall be given by Augusta Housing & Community Development’s Authorized Representative in writing and such writing shall be conclusive evidence of such approval or consent, subject only to compliance by Augusta Housing & Community Development with the applicable law that generally governs its affairs. Unless expressly stated otherwise in this Agreement, and except for requests, reports and submittals made by the Consultant that do not, by their terms or the terms of this Agreement, require a response or action, if Augusta Housing & Community Development does not find a request, report or submittal acceptable, it shall provide written response to Consultant describing its objections and the reasons therefore within thirty (30) days of the Augusta Housing & Community Development’s receipt thereof. If no response is received, the request, report or submittal shall be deemed rejected. I. Notices and Authorized Representatives. All notices, consents, approvals or communications required or permitted hereunder shall be and may be relied upon when in writing and shall be (i) transmitted by registered or certified mail, postage prepaid, return receipt requested, with notice deemed to be given upon receipt, or (ii) delivered by hand or nationally recognized courier service, or (iii) sent by facsimile transmission with confirmed receipt thereof, with a hard copy thereof transmitted pursuant to (i) or (ii) above. All such notices, consents, approvals or communications shall be addressed as follows: For Augusta: Office of the Mayor 535 Telfair Street Suite 200 Augusta, Georgia 30901 Augusta Housing & Community Development 510 Fenwick St. Augusta, Georgia 30901 Attn: Shauntia Lewis With a Copy to: General Counsel Augusta Law Department 535 Telfair Street, Building 3000 Augusta, GA 30901 For Consultant: Mass Media Marketing, LTD ______________________ ___________________ Attn: J. Nondiscrimination. During the performance of services under this Agreement, Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin. Consultant will take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action will include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. K. Indemnification. Consultant hereby agrees to hold harmless, indemnify and defend Augusta, Augusta Housing & Community Development, its members, elected officials, officers and employees, against any claim, action, loss, damage, injury (whether mental or physical, and including death to persons, or damage to property), liability, cost and expense of whatsoever kind or nature including, but not by way of limitation, attorneys' fees and court costs, caused by negligent acts or acts of commission or omission by Consultant its officers, employees, sub-consultants, or other representatives. L. Compliance with laws: The Consultant shall obtain and maintain all licenses, permits, liability insurance, workman's compensation insurance and comply with any and all other standards or regulations required by federal, state or City statute, ordinances and rules during the performance of any contract between the Consultant and Augusta. Consultant shall also provide, pay for, and maintain with companies, reasonably satisfactory to Augusta, the types of insurance as set forth in the Augusta-Richmond County Code, and Georgia law as the same may be amended from time to time. M. Prompt Pay Act. The terms of this Agreement supersede any and all provisions of the Georgia Prompt Pay Act. N. Contractor 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 Commissioners and approval of the Mayor. Under Georgia law, Contractor 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 the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor 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 Contractor. Contractor 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. O. 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(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) 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 subcontractor(s) is retained to perform such physical services. P. Inspection. Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of Consultant or any subcontractor of Consultant or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. Q. Independent Contractor. The Consultant shall act at all times as an independent contractor, not as an agent of Augusta or Augusta Housing & Community Development; and shall retain control over its employees, agents, servants and subcontractors. R. Assignment and Subcontracting. The Consultant shall not sell, convey, transfer, mortgage, subcontract, sublease or assign this Agreement or any part thereof, or any rights created thereby, without the prior written consent of Augusta. Any assignment or transfer of this Agreement or any rights of the Consultant hereunder, without the prior written consent of Augusta shall be invalid, and shall convey to Augusta the right to terminate this Agreement at its sole discretion. S. Choice of Law and Venue. This Agreement shall be performable and enforceable in the Superior Court of Richmond County, Georgia, and shall be construed in accordance with the laws of the State of Georgia. Consultant by execution of this Agreement specifically consents to jurisdiction and venue in the Superior Court of Richmond County and waives any right to contest same. T. Invalid Provisions: If any covenant, condition or provision contained in this Agreement is held to be invalid by any Court of competent jurisdiction, the invalidity of any such covenant, condition or provision shall in no way affect any other covenants, conditions or provisions contained in this Agreement; provided, that the validity of such covenant, condition or provision does not materially prejudice either the Augusta Housing & Community Development or Consultant in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. U. Waivers. Failure by Augusta to insist upon the strict performance by the Consultant of any of the terms herein contained shall not constitute a waiver of Augusta's right to thereafter enforce any such term, but the same shall continue in full force and effect. The exercise of any right to terminate arising under this Agreement shall not operate to deprive Augusta of any coexisting right to seek damages or other remedies arising from the default of the Consultant. V. Entire Agreement. This Agreement constitutes the entire agreement between the parties and will supersede and replace all prior agreements or understandings, written or oral, in relation to the matters set forth herein. Notwithstanding the foregoing, however, Consultant hereby affirms the completeness and accuracy of all of the information provided by it in its proposal to Augusta in pursuit of this Agreement. Should there be a conflict between any provision in this Agreement and the Consultant’s response to RFP 22-159 (Exhibit “A”), the Consultant’s response to RFP 22-159 shall take precedence over this Agreement. [SIGNATURES ON THE FOLLOWING PAGE] IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Mass Media Marketing, LTD Augusta, Georgia By: By: Name: Name: Hardie Davis, Jr. Title: Title: Mayor Date: Date: Augusta Housing & Community Development By: Name: Title: Date: Attest: __________________________________ Lena J. Bonner, Clerk of Commission EXHIBIT A CONSULTANT’S RESPONSE TO RFP 22-159 EXHIBIT B RATE SCHEDULE Meeting ID Topic Start Time End Time Min Participants 88596026341 Pre-Qualifications Conference - RFQ Item #22-159 Marketing Services for Augusta, GA HCD 1/24/2022 9:45 1/24/2022 10:40 55 37 Name (Original Name)User Email Total Minutes Guest Ashkea White (Shill@augustaga.gov)shill@augustaga.gov 55 No Sarah Harper Scott - White Hart Insight (Sarah Harper Scott)sarah@whitehartinsight.com 56 Yes Nancy Williams 56 Yes Zoom user lefontleefilms@gmail.com 56 Yes Anna Freeman 55 Yes Chris Dutton 53 Yes Dinah Dempsey ddempsey@augustaga.gov 53 Yes Sharon - c21 sgoldmacher@c21pr.com 53 Yes Tywanna Scott 52 Yes rhian swain rhian@redwolfadvertising.com 49 Yes Tammy Urbansky @ The Miner Agency tammy@themineragency.com 47 Yes Sandra Wills sandrajwills@thegraphicshouse.biz 47 Yes Cynthia 46 Yes Lisa Weaver lwweaver@wach.com 46 Yes lauren.farmer 45 Yes Jackie Lester 44 Yes Dr. Yolanda Jackson yljackson25@gmail.com 44 Yes Chris Sizemore chris@chrissizemore.me 43 Yes Brian Brown (444 Group)info@goboldly444.com 43 Yes Bobby NeSmith bobby@mgreenproductions.com 23 Yes Christina christinareyes@mtrmarketing.com 41 Yes Darrell White 42 Yes marilynmarkle 41 Yes Victoria Joiner victoria@h2ocreativegroup.com 41 Yes 15617026131 40 Yes Adrienne Allen adrienne@theipyagency.com 39 Yes Anisha Brady anishasbrady@gmail.com 13 Yes Kayla Tucker Adams info@kaylatuckeradams.com 38 Yes Shauntia’s iPhone 39 Yes 17703371995 24 Yes Gwendolyn Griffin-Harmon ggharmon@peaceandharmonysolutions.com 37 Yes SCE askhouseofgrace@gmail.com 35 Yes Christina Perricone christina@swatchdigital.com 32 Yes Julie Larsen 23 Yes Kavon Travis kavon@phuconcepts.com 15 Yes Natasha Davis "The Chief Visionary"admin@impactbrandingconsulting.com 13 Yes Administrative Services Committee Meeting 7/12/2022 1:10 PM HCD_Mass Media Marketing Contract Approval Request Department:HCD Presenter:Hawthorne Welcher, Jr. and/or HCD Staff Caption:Motion to approve the contract with Mass Media Marketing, LTD also known as “M3” for Housing and Community Development (HCD) marketing. This contract is for two (2) years with two (2) one year renewal options. RFQ 22-159. Background:The action is for HCD marketing. The approved vendor will assist HCD with a full spectrum of marketing, advertising, event management, and other related services. Analysis:Approval of this request will allow HCD to market all services HCD provides and assist with advertising outreach efforts. RFQ 22-159 was submitted to the Augusta Procurement Department on December 14, 2021. The RFQ opening date was February 15, 2022; there were eight vendors that responded with seven being compliant. The evaluation committee met on March 30, 2022, to assess the proposals. The committee scored Mass Media LTD as the recommended vendor. Mass Media LTD performed in an exemplary manner through all phases of the evaluation. They exhibited innovative processes, resources, expertise, and the motivation to collaboratively work with HCD to grow its branding, marketing, and various services campaigns. Financial Impact:HCD receives program income from rent, loans, etc. for CDBG and HOME grants where a portion can be used for administrative related expenses. HCD would like to increase our administrative budget, using program income, to pay for marketing. The contract is for $120K and will be paid by the following. We will be using residual program income from CDBG and HOME to pay for this eligible expense. 221073111-3891130 $60,000 221073112-3891135 $60,000 221073111-5211119 $60,000 221073112-5211119 $60,000 Alternatives:Deny HCDs Request Recommendation:Motion to approve the contract with Mass Media Marketing, LTD also known as “M3” for Housing and Community Development (HCD) marketing. This contract is for two (2) years with two (2) one year renewal options. RFQ 22-159. Funds are Available in the Following Accounts: 221073111-3891130 $60,000 221073112-3891135 $60,000 221073111- 5211119 $60,000 221073112-5211119 $60,000 REVIEWED AND APPROVED BY: Procurement. Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting Commission Chamber - 611412022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Hasan, Chairman; Scott, Vice Chairman; B. Williams, member. Absent: Hon. Frantom, member. ADMINISTRATIVE SERVICES 1. Motion to approve the purchase of one (l) 2023 Truck, Box Type 14,500 Item GVWR, l4', at a total cost of $63,240.00 from CSRA Fleetcare, Inc. of Action: Augusta, GA (Bid #22-215) for the Central Services Department - Facilities Approved Maintenance Division. 2. Motion to approve the minutes of the Administrative Services Committee held Item on May 31,2022. Action: Approved Motions Motion;----- Motion Textr ype Motion to Approve approve. Motion Passes 3-0. Motions Motion Motion Textr ype Motion to Approve approve. Motion Passes 3-0. Commissioner Commissioner Bobby williams Francine scott Passes Made By Seconded By Made By Seconded By Motion Result Motion Result Commissioner Commissioner Bobby Williams Francine Scott Passes 3. Motion to rescind the mini theater's 365-day extension approved by Item commission on February 15, 2022 and replace with a contract end date of Action: October 31, 2025, and approval to allocate an additional $500,000 from Approved SPLOST 6. Also to approved the project agreement and authorize the Mayor to execute the attached agreement. (Requested by Commissioner Dennis Williams) Motions Motionrype Motron rext Made By seconded By fJJil Motion to approve and to also ask Mr. Butler to meet with the Finance Department to show Commissioner Approve sufficient proof that he Bobby F;Tffi:ti".lT Passes has the matching funds Williams for the $500,000 that has been allocated. Motion Passes 3-0. www.augustaga.gov Administrative Services Committee Meeting 7/12/2022 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Administrative Services Committee held on June 14, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Administrative Services Committee Meeting 7/12/2022 1:10 PM Municipal Golf Course Roof Department:Central Services Presenter:Ron Lampkin Caption:Receive as information the emergency roof replacement at the Municipal Golf Course Building in the amount of $27,509.01 by GS Roofing and Construction. Background:After receiving a report of severe leaks at the facility, an assessment of the noted areas indicated the need for a roof replacement. GS Roofing and Construction was selected as the qualified vendor to perform this task in the needed timeframe. Analysis:GS Roofing and Construction will replace the roof to prevent further damage to the facility. Financial Impact:$27,509.01 charged to CSD Capital 2022 GL: 272016210 / 53.19120 Alternatives:a) Receive as information b) Do not receive as information Recommendation:Receive as information the emergency roof replacement at the Municipal Golf Course Building in the amount of $27,509.01 by GS Roofing and Construction. Funds are Available in the Following Accounts: $27,509.01 charged to CSD Capital 2022 GL: 272016210 / 53.19120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Administrative Services Committee Meeting 7/12/2022 1:10 PM Receive as information about the direct purchase of a work truck Department:Utilities Presenter:Wes Byne Caption:Motion to receive as information the purchase of one 4 door Dodge work truck from Thomson Chrysler Dodge Jeep Ram FIAT due to current pandemic economic conditions. Background:AUD is out of crew trucks to support our operations and bids for this year will not be available until the 4th quarter. We are providing information about the purchase of a vehicle directly from a local dealer. Analysis:We have received an estimate of the cost of the truck and available options. Procurement has moved to purchase the vehicle due to current pandemic economic conditions. AUD has reviewed this proposal and found it acceptable given the current market conditions. Financial Impact:Funding not to exceed the amount of $40,000 is available from accounts: 506043410-5422210 Alternatives:No alternatives are recommended. Recommendation:AUD and Procurement are providing this as information. Funds are Available in the Following Accounts: Funding are available in the following accounts: 506043410-5422210 REVIEWED AND APPROVED BY: