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HomeMy WebLinkAboutTHOMPSON BUILDING WRECKING CO $74,400.00 CDBG -RECOVERY (CDBG-R) AND LANEY WALKER BOND FINANCING CONTRACT between AUGUSTA, GEORGIA And THOMPSON BUILDING WRECKING CO., INC. in the amount of $74,400.00 Seventy -Four Thousand Four Hundred Dollars @ 00 /100 for Fiscal Year 2010 Providing funding for COMMUNITY DEVELOPMENT BLOCK GRANT — RECOVERY (CDBG -R) and LANEY WALKER BOND FINANCING "Residential and Commercial Building Demolition" THIS AGREEMENT ( "Contract "), is made and entered into as of the 30th day of August , 2010 ( "the effective date ") by and between Augusta, Georgia, acting through the Housing and Community Development Department (hereinafter referred to as "AAHCD ") - with principal offices at 925 Laney Walker Blvd., 2n Floor, Augusta, Georgia 30901, as party of the first part, hereinafter called "Augusta ", and Thompson Building Wrecking Co., Inc., organized pursuant to the Laws of the State of Georgia, hereinafter called "THOMPSON WRECKING" 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 Community Development Block Grant — Recovery (CDBG -R) and Laney Walker BOND Financing_(via the Augusta Richmond County Commission approval) for the purpose of providing and retaining affordable housing for Laney Walker/Bethlehem Program eligible families; and WHEREAS, Augusta wishes to enter into a contractual agreement with Thompson Building Wrecking Co., Inc. for the administration of a Laney Walker/Bethlehem Revitalization Project eligible affordable housing development activity known as demolition; and WHEREAS, Thompson Wrecking has been selected and approved through a qualification process for demolition/wrecking partners to assist in the redevelopment of the Laney Walker /Bethlehem communities. WHEREAS, Thompson Wrecking has agreed to provide services funded through this contract free from political activities, religious influences or requirements; and WHEREAS, Thompson Wrecking has requested and Augusta has approved a total of $74,400.00 in funds to perform Laney Walker/Bethlehem eligible activities as described in Article I, below: 1 NOW, THEREFORE, the parties of this agreement for the consideration set forth below, do here and now agree to the following terms and conditions as applicable and in strict accordance with "Request for Proposal" RFP 10 - 125 all as prepared by the Procurement Department for the City of Augusta for properties below: ARTICLE I. SCOPE OF SERVICES A. Scope of Services Project Description: Thompson Wrecking agrees to utilize approved funds to support project related costs associated with the Residential and Commercial Building Demolition Project. This project involves demolition of one (1) multi - family apartment unit, one (1) commercial unit and one (1) single family housing unit. Under this agreement: Perform demolition, shoring and clearing of sites. Perform asbestos removal of three sites. B. Use of Funds: Funds shall be used by Thompson Wrecking for the purposes and objectives stated in Article I, Scope of Services, and Exhibit "A" of this Agreement. The use of these funds for any other purpose(s) is not permitted. The following summarizes the proposed uses of the funds under this Agreement: 1. Demolition and Clearing An amount not to exceed $54,400.00 shall be expended by Thompson Wrecking to support the demolition and clearing of sites to be used for future residential and commercial development. The sites for demolition and clearing are located at: (a) 910 Wrightsboro Road (b) 1478 Wrightsboro Road (c) 1136 Florence Street 2. Other Costs /Asbestos Removal An amount not to exceed $20,000.00 shall be expended by THOMPSON WRECKING to support the other demolition costs associated with the three properties listed above to include asbestos removal. C. Program Location and Specific Goals to be Achieved Thompson Wrecking shall conduct demolition activities and related services in its project area that incorporates the following boundaries: James Brown Blvd. on the West; R.A. Dent on the East; Wrightsboro Road on the South; and Laney Walker Boulevard on the North and its designated geographic boundaries approved by AAHCD. 2 D. Proj ect Eligibility Determination It has been determined that the use of the funds by Thompson Wrecking will be in compliance with 24 CFR Part 570. Notwithstanding any other provisions of this contract, Thompson Wrecking shall provide activities and services as described in the description of the project, including use of funds. ARTICLE II. BUDGET AND METHOD OF PAYMENT Thompson Wrecking will be compensated in accordance with this Article II, Budget and Method of Payment, that specifically identifies the use of project funding as represented in Article II. C.2 of this Agreement. Thompson Wrecking agrees to perform the required services under the general coordination of the Augusta Housing and Community Development Department. In addition and upon approval by Augusta, Thompson Wrecking, 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 the funds available in the following manner: 1. Augusta agrees to pay Thompson Wrecking, a maximum of $74,400.00 under this agreement for project expenses incurred as outlined in ARTICLE I, Scope of Services, subject to Thompson Wrecking compliance with all terms and conditions of this agreement and the procedures for documenting expenses and activities as set forth in ARTICLE V. [Notice to Proceed will be provided upon the receipt of a 100% Payment/Performance Bond]. 2. The method of payment shall be on a reimbursement basis. 3. Upon the termination 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. 4. Funds may not be transferred from line to line item in the project budget without the prior written approval of Augusta. 5. This Agreement is based upon the availability of Laney Walker Bethlehem CDBG - R/BOND Financing Funds. B. Timetable for Completion of Project Activities 1. Thompson Wrecking shall expend the designated funds by October 10, 2010. C. Project Budget: Limitations 1. Thompson Wrecking shall be paid a total consideration of $74,400.00 for full performance of the services specified under this Agreement. Any cost above this amount shall be the sole responsibility of Thompson Wrecking. 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 Thompson Wrecking. 2. Thompson Wrecking shall adhere to the following budget in the performance of this contract. 3 A. Project Activity Cost $ 74,400.00 Demolition & Clearing 54,400.00 Other Costs /Asbestos Removal 20,000.00 TOTAL PROJECT COST: $74,400.00 ARTICLE III. TERM OF CONTRACT The term of this agreement shall commence on the date when this agreement is executed by Augusta and the Thompson Wrecking (whichever date is later) and shall end at the completion of all program activities, within the time specified in Article LD, or in accordance with ARTICLE IX: Suspension and Termination. ARTICLE IV. DOCUMENTATION AND PAYMENT A. This is a pay- for - performance contract and in no event shall Augusta provide advance funding to Thompson Wrecking, or any subcontractor hereunder. All payments to Thompson Wrecking by Augusta will be made on a reimbursement basis. B. Thompson Wrecking shall maintain a separate account and accounting process for funding sources. C. Thompson Wrecking shall not use these funds for any purpose other than the purpose set forth in this Agreement. D. Subject to Thompson Wrecking compliance with the provisions of this Agreement, Augusta agrees to reimburse all budgeted costs allowable under federal, state, and local guidelines. E. Requests by Thompson Wrecking for payment shall be accompanied by proper documentation and shall be submitted to AAHCD, 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: "Reimbursement Request" form. copies of invoices, receipts, other evidence of indebtedness, budget itemization and description of specific activities undertaken. Invoices shall not be honored if received by Augusta later than sixty (60) calendar days after expiration date of this Agreement. F. Thompson Wrecking 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. ARTICLE V. ADMINISTRATIVE REQUIREMENTS A. Augusta may, from time to time, request changes to the scope of this agreement and obligations to be performed hereunder by Thompson Wrecking. In such instances, Thompson Wrecking shall consult with AAHCD /Augusta on any changes that will result in substantive changes to this Agreement. All such changes shall be made via written amendments to this 4 Agreement and shall be approved by the governing bodies of both Augusta and Thompson Wrecking. B. Thompson Wrecking agrees to comply with 24 CFR 84.21 -28 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. ARTICLE VI. OTHER REQUIREMENTS A. Compliance Thompson Wrecking agrees to comply with the Title VI of the "Civil Rights Act of 1964 ", as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086.. B. Non - Discrimination Thompson Wrecking agrees to comply with the non - discrimination in employment and contracting opportunity laws, regulations and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279. The applicable non - discrimination provisions in Section 109 of the Housing and Community Development Act are still applicable. C. Environmental Standards Thompson Wrecking agrees that in accordance with the National Environmental Policy Act of 1969, it will cooperate with Augusta/AAHCD in complying with the Act and regulations, and that no activities will be undertaken until notified by Augusta /AAHCD that the activity is in compliance with the Act and regulations. Prior to beginning any project development activity, an environmental review must be conducted by the Augusta- Richmond County Planning Department pursuant to (24 CFR 570.604). D. Flood Insurance Consistent with the Flood Disaster Protection Act of 1973 (42 USC 4001 - 4128), THOMPSON WRECKING Construct agrees that the 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. E. Displacement and Relocation Thompson Wrecking agrees to take all reasonable steps to minimize displacement of persons as a result of assisted activities. Any such activities assisted with the funds will be conducted in accordance with the Unifoun Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) and the Housing and Community Development. 5 F. Non - Discrimination in Employment Thompson Wrecking 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. Thompson Wrecking will in all solicitations or advertisements for employees placed by or on behalf of Thompson Wrecking, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin or familial status. G. Thompson Wrecking agrees to comply with the Lead Based Paint Poisoning Prevention Act pursuant to prohibition against the use of lead -based paint in residential structures with regard to notification of the hazards of lead -based paint poisoning and the elimination of lead -based paint hazards. H. Debarred, Suspended or Ineligible Contractor Thompson Wrecking. 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 AAHCD. Drug Free Workplace In accordance with 24 CFR part 24, subpart F, Thompson Wrecking 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. J. Publicity Any publicity generated by Thompson Wrecking for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of Augusta - Richmond County in making the project possible. The words "Augusta- Richmond County 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. K. Compliance with Laws and Permits Thompson Wrecking 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. Thompson Wrecking agrees to obtain all necessary permits for intended improvements or activities. L. Assignment of Contract Thompson Wrecking shall not assign any interest in this contract or transfer any interest in the same without the prior written approval of Augusta. 6 M. Equal Employment Opportunity Thompson Wrecking agrees to comply with all Equal Opportunity provisions. N. Affirmative Action Thompson Wrecking will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, or familial status. Thompson Wrecking will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, or Thompson Wrecking social 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. Thompson Wrecking 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. O. Religious Influence Thompson Wrecking 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. Thompson Wrecking will not discriminate against any person applying for shelter on the basis of religion. Thompson Wrecking 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. P. Travel If applicable, Thompson Wrecking shall obtain prior written approval from the Grantee for any travel outside the State of Georgia with funds provided under this contract. ARTICLE VII. SUSPENSION AND TERMINATION A. In the event Thompson Wrecking 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 I, Scope of Services, Augusta may withhold cash payments until Thompson Wrecking, Inc. cures any breach of the agreement. If Thompson Wrecking fails to cure the breach, Augusta may suspend or terminate the current award of CDBG- R/BOND funds for the Thompson Wrecking program. B. Notwithstanding the above, Thompson Wrecking shall not be relieved of its liability to Augusta for damages sustained as a result of any breach of this agreement. In addition, to any other remedies it may have at law or equity, Augusta may withhold any payments to Thompson Wrecking until such time as the exact amount of damages is determined. C. In the best interest of the project and to better serve the people in the target areas,either party may terminate this Agreement upon giving fifteen (15) days notice in writing of its intent to terminate, stating its reasons for doing so. hi the event Augusta terminates the Agreement, 7 Augusta shall pay Thompson Wrecking for documented committed eligible costs incurred prior to the date of notice of termination. D. Notwithstanding any termination or suspension of this Agreement, Thompson Wrecking shall not be relieved of any duties or obligations imposed on it under ARTICLES V, VI, VII, VIII, IX, XI, and XII of this agreement with respect to CDBG- R/BOND funds previously disbursed or income derived therefrom. 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 Municipal Building 530 Greene Street, Suite 801 Augusta, Georgia 30911 With copies to: Augusta Housing and Community Development Department 925 Laney Walker Blvd., 2n Floor Augusta, Georgia 30901 Thompson Wrecking will receive all notices at the address indicated below: Thompson Building Wrecking 631 Eleventh Street P.O. Box 932 Augusta, GA 30903 ARTICLE IX. INDEMNIFICATION Thompson Wrecking 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, Thompson Wrecking 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 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. 8 ARTICLE X. INSURANCE AND BONDING Thompson Wrecking shall acquire adequate insurance coverage to protect all contract assets from loss or damage resulting from theft, fraud or physical damage as outlined in the Request for Proposal. All policies and amounts of coverage shall be subject to approval by Augusta. Additionally, Thompson Wrecking shall procure and provide for approval by Augusta a payment /performance BOND made payable to the City in the amount of 100% of the award amount. Such BOND is due prior to contract execution as a guarantee that goods meet requirements of the contract including timely delivery, performance specifications and warranty requirements. Additionally, Thompson Wrecking shall procure officers and directors liability insurance under policies to be approved by the Augusta. All of the above policies shall provide that no act or omission of the grantee, its agents, servants or employees shall invalidate any insurance coverage for other named insured. No insurance policy providing insurance coverage required to be provided by Thompson Wrecking hereunder shall be cancelable without at least fifteen days advance written notice to the Grantee. All insurance policies required hereunder or copies thereof shall be promptly submitted for approval by the Augusta. ARTICLE XI. PRIOR AND FUTURE AGREEMENTS This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. Augusta is not obligated to provide funding of any kind to Thompson Wrecking beyond the term of this Agreement. ARTICLE XII. 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. 9 IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first written above: ATTEST: AUGUSTA. GEORGIA (Augusta) SEAL a_c_;,-„,(;-______ By, l /�� i / 6 David S. Copenhaver 'L/ "14i f g As Its Mayor Lena Bo I, ' f / Clerk of Commission i _ l.. i 'rederick Russell t dministrato A . ' L a NAMIri. II ester A. eeler, III e ector i CD /j7 ATTEST: THOMPSON BUILDING /:ttk ING CO. INC. By %\,. _ ,Ia!■ SEAL . k Its: \\ \-- , As Its Corporate Secretary . (Plain Witness) 10 AUGUSTA LAW DEPARTMENT Matt Aitken G O `R G I A ANDREW G. MACKENZIE Corey Johnson GENERAL COUNSEL Joe Bowles Augusta Law Department Alvin Mason DAVID S. COPENHAVER Blll Lockett Mayor WAYNE BROWN Joe Jackson Senior Staff Attorney Jerry Brigham Jimmy Smith KENNETH S. BRAY J. R. Hatney StaffAttomey Don Grantham ALVIN MASON Mayor Pro Tem Frederick L. Russell Administrator September 2, 2010 Mayor Deke Copenhaver Augusta, Georgia 530 Greene Street, Suite 802 Augusta, Georgia 30901 Dear Mayor Copenhaver: Please find enclosed the contract fr Thompson Building Wrecking Co., Inc. that I have reviewed as to form and substance. Augusta- Richmond County Commission approved this agreement on July 10, 2007. I have tabbed the applicable portions of the agreement for your signature with a red flag. After your signature and dating, the contract may be executed by the Clerk of Commission, Ms. Lena Bonner. The copy of the contract agreement should be returned to the originating department and the attention of: Chester A. Wheeler, III- Director Housing Neighborhood Development, 925 Laney Walker Boulevard — Augusta, Georgia 30901. Thank you for your consideration in this matter. Sincerely, , r Andrew G. Mackenzie AGM/gsb Enclosure: 501 Greene Street, Suite 302 Augusta, Georgia 30901 (706) 842 -5550 - Fax (706) 842 -5556