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:
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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.
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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.
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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
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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.
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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.
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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,
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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.
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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.
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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)
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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