HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT AUGUSTA AND APD URBAN PLANNING & MANAGEMENT LLC FOR PROPERTY MANAGEMENT AND PROPERTY ACQUISTION SERVICESAPD Urban Planning & Management , LLC. arty, Management and Property Acquisition Agreement
PROFESSIONAL SERVICES AGREEMENT BETWEEN
AUGUSTA, GEORGIA
AND
APD URBAN PLANNING & MANAGEMENT, LLC
FOR PROPERTY MANAGEMENT AND PROPERTY ACQUIISITION
SERVICES
This Agreement is made and entered into this � day of January, 2012, by and between Augusta,
Georgia, by and through the Augusta - Richmond County Commission, (hereinafter referred to as
"Grantee "), and APD Urban Planning & Management, LLC., (hereinafter referred to as the
"Consultant ").
WHEREAS, the Grantee is undertaking certain activities related to the revitalization of certain
neighborhoods; and
WHEREAS, the Grantee desires to engage the Consultant for the , purpose of providing project
management services and act as Grantee's representative in support of the revitalization initiative in the
Laney - Walker and Bethlehem neighborhoods; and
WHEREAS, the Grantee will utilize non - federal and federal Community Development Block Grant and
HOME Investment Partnership funds for this initiative; and
WHEREAS, the Grantee requires Consultant to comply with the Community Development Block Grant
Program regulations at 24 CFR Part 570 and HOME Investment Partnerships Program regulations at 24
CFR 92.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
EMPLOYMENT OF CONSULTANT. Grantee agrees to engage the Consultant, and the
Consultant agrees to provide consultant services which involves acting as the Grantee's
representative and working with Grantee's staff, contractors, developers, funding sources
and neighborhood -based organizations as part of managing the redevelopment of Laney -
Walker and Bethlehem neighborhoods.
2. SCOPE OF SERVICES. The Consultant will provide the services ( "Services" set forth in
Appendix A, attached hereto and incorporated herein by reference.
It is understood and agreed by the parties that the services of the Consultant do not
include any of the following: the disbursement or account of funds distributed by the
Grantee's financial officer, legal advice, fiscal audits or assistance with activities not
related to this project.
3. LIAISON. The Grantee's designated liaison with the Consultant is Chester A. Wheeler,
III, Director of the Augusta Community Development Department. The Consultant's
designated liaison with the Grantee is 0. Jesse Wiles.
4. EFFECTIVE DATE AND TIME OF PERFORJvLANCE. This Contract takes effect on
January , 2012, with the Grantee's right to renew contract terms, conditions and
compensation annually.. Grantee may discontinue contract after one year or at any time
during the contract period with 30 days notice to Consultant. Consultant may
discontinue contract with 6o -day notice to Grantee.
\ TINESSETH
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APD Urban Planning & Managen. , LLC. Property Management and Property Acquisition ti . anent
COMPENSATION. For the satisfactory completion of the services to be provided under
this Contract, the Grantee will pay the Consultant a sum not to exceed Five Hundred
Seventy Thousand -Two Hundred Seventy dollars and no cents ($570,27o.00) annually,
which the Grantee agrees to pay as set forth in "Appendix B — Compensation /Budget ",
attached hereto and incorporated herein by reference. Compensation for services will be
provided in two parts: 1) $54o,27o paid to Consultant in installments, based on actual
work performed and based upon the completion of key components of the project
deliverables, and 2)$3o,000 paid (on an as- needed basis) to the Consultant's sub-
contractor IntegralGude for special Construction Management Advisory service, based on
Task Orders and agreed on billing rates. Total compensation not to exceed $570,270
6. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that the
Consultant is an independent contractor and as such, neither it nor its employees, if any,
are employees of the Grantee for purposes of tax, retirement systems, or social security
(FICA) withholding. It is further understood that the Consultant will maintain at its
expense for the duration of this Contract, coverage in a workers' compensation plan for
its principles and employees for the services to be performed hereunder.
7. ELIGIBILITY. The Consultant certifies that the Consultant's firm and the firm's
principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for
participation in federally assisted contracts under Executive Order 12549: "Debarment
and Suspension" [24 CFR 24.505].
8. CONFLICT OF INTEREST. The Consultant covenants that it presently has no interest
and will not acquire any interest, direct or indirect, in the project that would conflict in
any manner or degree with the performance of its services hereunder, The Consultant
further covenants that, in performing this Contract, it will employ no person who has any
such interest.
9. ENTIRE AGREEMENT: MODIFICATION. This Contract contains the entire agreement
between the parties, and no statements, promises or inducements made by either party,
or agents of either party, that are not contained in the written Contract, are valid or
binding. No changes, amendments or alterations shall be effective unless in writing and
signed by both parties. The Consultant specifically acknowledges that in entering into the
executing this agreement, Consultant relies, solely upon the provisions contained in this
agreement and not others.
1o. NON- ASSIGNMENT OF AGREEMENT. Inasmuch as this agreement is intended to
secure the specialized services of the Consultant, Consultant may not assign its rights,
including the right to compensation, transfer, delegate or subcontract any interest herein
without the prior written consent of Grantee. Any subcontractor or assignee -will be
bound by all the terms and conditions of this contract.
11. ASSIGNMENT OF PERSONNEL. The Consultant shall not substitute any personnel for
those specifically named in its proposal unless personnel with substantially equal or
better qualifications and experience are provided and acceptable to Grantee, as is
evidence in writing.
12. INDEMNIFICATION. The Consultant waives any and all claims and recourse against the
Grantee, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incidental to the
Consultant's performance of this contract. Further, the Consultant will indemnify, hold
harmless, and defend the Grantee against any and all claims, demands, damages, costs,
expenses, liability arising out of the Consultant's performance of this Contract except for
liability arising out of the concurrent or sole negligence of the Grantee or its officers,
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APD Urban Planning & Management , LLC. :rty Management and Property Acquisition Agreement
agents or employees. Consultant shall also indemnify Grantee for any adverse
determination made by the Internal Revenue Service or the State Franchise Tax Board
against the Grantee with respect to Consultant's `independent contractor' status that
would establish a liability for failure to make any social security or income tax
withholding payments.
13. INSURANCE. Consultant shall have and maintain in full force and effect for the duration
of this Agreement, insurance insuring against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work by
Consultant, its agents, representatives, employees, or sub - consultants.
14. BREACH OF CONTRACT. In the event of Breach of Contract by the Consultant, the
Grantee may at its option, engage the services of another Consultant to complete the work
and deduct the cost of the completion from the amount due to the Consultant. In the
event either the Grantee or the Consultant do not fulfill performance under this
agreement, then the affected party may pursue all legal remedies available for breach of
contract.
15. TERMINATION OF CONTRACT. This Contract may be terminated as follows:
(a) Termination for cause.
If the Grantee determines that the Consultant has failed to comply with the terms
and conditions of the Contract, it may terminate this Contract in whole or in part
any time before the date of completion. lithe Consultant fails to comply with any
of the terms and conditions of this Contract, the Grantee may give notice, in
writing, to the Consultant of any or all deficiencies claimed. The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified in
the notice, the Grantee may, with no further notice, declare this Contract to be
terminated. The Consultant will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination, Iess the amount
of reasonable damage suffered by the Grantee by reason of the Consultant's
failure to comply with this Contract,
(ii) Notwithstanding the above, the Consultant is not relived of liability to the
Grantee for damages sustained by the Grantee by virtue of any breach of the
Contract by the Consultant, and the Grantee may withhold any payments to the
Contractor for purposes of setoff until such time as the exact amount of damages
due the Grantee from the Consultant is determined
(i)
(iii) Grantee may terminate this contract should funding cease or be materially
decreased.
16. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and
conditions of this Contract, the prevailing party is entitled to recover reasonable
attorney's fees and other costs and expenses, whether the same are incurred with or
without suit.
17. DOCUMENTS INCORPORATED BY REFERENCE. The Consultant's Request for
Qualifications for property acquisition services for the Laney - Walker and Bethlehem
neighborhoods, submitted September 3, 2008, and all applicable federal and state
statutes and regulations incorporated into this Contract by this reference are binding
upon the Consultant.
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APD Urban Planning & Managers , LL.C. Property Management and Property Acquisition r _..eInent
18. U.S. President Executive Order 11246
a. Approve Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's
specifications in keeping with the principles as provided in President's Executive Order
11246 of September 24, 1965. The Grantee shall provide program guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall submit
a plan for approval prior to the award of funds.
b. Women -and Minority -Owned Businesses (W /MBE) (24 CFR ;70.610 & Part 84
applies)
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms
"small business" means a business that meets the criteria set forth in section 3 (a) of the
Small Business Act, as amended (15 U.S. C. 632), and "minority and women's business
enterprise" means a business at least fifty -one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group
members" are Afro - Americans, Spanish - speaking, Spanish surnamed or Spanish- heritage
Americans, Asian- Americans and American Indians. The Subrecipient may rely on
written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
Disclaimer: Augusta - Richmond County, Georgia does not operate a DBE, MBE or WBE
program but rather pursuant to its code of ordinances, this local government operates
instead a local small business opportunity program.
19. NONDISCRIMINATION AND EQUAL OPPORTUNITY. The Consultant will abide by the
Federal requirements set forth in 24 CFR 5.1o5(a), Nondiscrimination and Equal
Opportunity, as these apply to the CDBG program and activities.
a) Requirements of the Fair Housing Act [42 U.S.C. 3601 -20] and Executive Orders
11063 and 12259 (regarding Equal Opportunity in Housing);
b) Prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1 975 [4 U.S.C. 6101 -07];
c) Prohibitions against discrimination against an otherwise qualified individual with a
physical or mental disability, as provided in Section 504 of the Rehabilitation Act of
1 973 [42 U.S.C. 794]; and
20. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 [12 U.S.Q.
1701U].
The Consultant will ensure that, to the greatest extent feasible, opportunities for training
and employment arising in connection with this project will be extended to lower income
project area residents. Further, Consultant will, to the greatest extent feasible, utilize
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APD Urban Planning & Management , 7 71 . ;operty Management and Property Acquisition Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first written above.
ATTEST:
SEAL
cH t4®Qr-'Q �I
i�► /! e. T ���
en.a tJ. f!#+ r er
Clerk cif Commission
By:
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17.AA?
AUGUS IA, GEORGIA
(Grantee)
David S. Copenhaver
As its Mayor
Frederick L. Russell
City Administrator
Chester A. Wheeler, III, Director
Augusta Housing & Community Development Dept.
APD Urban Planning & Management, LI,C
(Consultant)
O. Jesse Wiles
APD Urban Planning & Managemei ..C. Property Management and Property Acquisition AT nt
business concerns located in or substantially owned by residents of the project area, in
the awarding of contracts and purchasing of services and supplies.
21. NONDISCRIMINATION. The Consultant will not discriminate against any employee or
applicant for employment on the basis of race, color, religion, creed, political ideas,
gender, age, marital status, physical or mental disability, or national origin.
22. LOBBYING PROVISIONS. The Consultant certifies that no Federal appropriated funds
have been pain or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer of employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
23. OWNERSHIP AND PUBLICATION OF MA'T'ERIALS. All reports, information, data, and
other materials prepared by the Consultant pursuant to this contract are to be the
property of the Grantee, which have nonexclusive and unrestricted authority to release,
publish or otherwise use, in whole or in part, information relating thereto. Any reuse
without written verification or adaptation by Consultant for the specific purpose intended
will be at the Owner's sole risk and without liability or legal exposure to the Consultant.
No material produced in whole or in part under this Contract may be subject to copyright
or patent in the United States or in any other country without the prior written
permission of the Grantee.
24. REPORTS AND INFORMATION. The Consultant will maintain accounts and records,
including personnel, 'property and financial records, which are adequate to identify and
account for all costs pertaining to this Contract; and such other records as may be
deemed necessary by the Grantee to assure proper accounting for all project funds, both
federal and non - federal shares. These records will be made available for audit purposes
to the Grantee or its authorized representative, and will be retained by the Consultant for
five (5) years after the expiration of this Contract, unless permission to destroy them is
granted by the Grantee.
The Consultant, at such times and in such forms as the Grantee may require, shall furnish
Grantee bi- weekly progress reports in accordance with the outline indicated in Appendix
C.
25. ACCESS TO RECORDS. It is expressly understood that the Consultant records relating to
this Contract will be available during normal business hours for inspection by the
Grantee, the Housing and Community Development Department, the U.S. Department of
Housing and Urban Development and the U.S. Comptroller General,
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APD Urban Planning & Management , LL. operty Management and Property Acquisition Agreeiner.
Our review of market analysis data occurs as an ongoing part of our project management. We
make sure our findings are reviewed and disseminated to the appropriate parties in an effort to
help the team understand the market and what it will and will not support.
Deliverable: Summary report of project area indicators that impede growth and development
as well as new opportunities and strengths.
Task 2.2 Development Project Planning
The success of the Heritage Pine project area is the result of following a well thought -out
planning process that establishes project goals and responds to stakeholder interests. At the
onset of each project, APD has, and will continue to meet with members of the Development
Team to:
• Establish short term and long term development goals and objectives
• Define project concepts (schematic floor plans, site plans, financial models, etc.)
• Document project related activities and expenditures that have occurred
• Build a consensus plan of action for moving projects through development process to
construction phase
• Engage in team building discussion and dialogue, establish clear channels of
communication
Deliverable: Creation and updating of individual project development plans of action
Task 2.3 Project Schedule Development
With the understanding that project schedules change for a variety of reasons, we also
understand that no key aspect of a redevelopment project should start without a Project
Schedule. A project schedule is developed for every aspects of the project that takes into
consideration desired completion dates and an understanding of impediments that are likely to
occur. APD will compile a comprehensive Overall Project Schedule (OPS) based on current and
previous project experience. The OPS determines the timeframe for completion of all program
components within agreed strategic goals and will serve as the roadmap for project
implementation. During the process of developing the OPS, draft schedules are presented for
consideration, and revised accordingly until a consensus is reached. Baseline schedules are
established that will serve as the benchmark for implementation. Individual OPS will include all
activities pertinent to the execution of the project including pre - development activities,
financing, construction, occupancy, residential sales, and project closeout.
For purposes of this RFP, APD has developed a preliminary schedule based on the following
assumptions:
• Completion at the following nodes is dependent on successful negotiations with the
respective developers at East Mill Village (W2), Twiggs Circle (W1 &T1 -T4), Foundry
Place (W4), and The Boulevard (3B1 &LW1).
• The Dollar General (DG) project is dependent on a favorable underwriting review by DG
corporate.
• The market study suggests an absorption rate of 10 units per year for -sale housing,
assumption is that this holds true for each node.
• The new starts of single- family houses in Heritage Pine (P1) are dependent on pre -
selling standing inventory.
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APD Urban. Planning & Managemer Property Management and Property Acquisition Ag Ott
APPENDIX A
SCOPE OF SERVICES
TASK ONE Development Team Management
As the current Project Manager and Owner Representative, it is our obligation to thoroughly
assess the current and future needs of this project and evaluate accordingly. We have
established a series of weekly meeting designed to orchestrate and manage the actions of the
Project Development Team members. Our responsibilities include management of the entire
development process, including assisting in the selection of development team members,
determining meeting schedules, preparing meeting agendas, facilitation of meetings,
generating and maintaining project Action Item Agendas, and tracking action items through
completion.
During each development phase, APD makes sure that relevant information is collected,
processed, and then analyzed so that all team members have responsibility and input in the
process. Our goal is always to have a well- documented process with clear results and clear
communication among all team members.
APD is well respected by the development team that has been assembled for this project and as
a result we are able to hold ourselves and our team members accountable.
Deliverables: Weekly meeting reports including but not limited to:
• Schedule report indicating relative progress compared to baseline schedule
• List of critical items and their status
• List and timeline of important next steps
• Budget report indicating budgets,` expenses and variance
• Record of design team meetings and decisions •
TASK TWO Project Management
Task 2.1 Document Review, Data Gathering, Market Analysis
Coordination
APD continuously reviews key documents and reports relative to the Laney Walker /Bethlehem
(LW /B) neighborhoods' six pre - selected Project Development Areas. Through this task, we
establish, re- establish, and consider changes needed to achievable program goals for each
neighborhood development projects. This includes, but is not limited to, continued coordination
and application of the market analysis data generated in the Residential and Retail Market
Analysis completed during Phase I of the project.
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APD groan Planning & Management, LL. .operty Management and Property Acquisition Agreemen.
TASK THREE Property Acquisition Analysis
Our property acquisition work with AHCDD and the Augusta Land Bank Authority has been just
short of amazing. In a three year period we have contacted over 1000 property owner and have
converted over 75% of the property owners to willing sellers. We have closed on over $2
million of property without the use of Eminent Domain! Although the majority of
property acquisition for the Laney Walker and Bethlehem revitalization projects occurred in
Phase I, strategic property acquisition analysis is still required to pursue key parcels within the
development nodes. Assembling key property and gaining site control is an essential
component of the neighborhood redevelopment strategy. Our future services will include:
• Identify key redevelopment parcels
• Review documents regarding ownership and market value
• Prepare preliminary sources - and -uses budgets as part of property acquisition decision -
making process
• Map key development parcels
Task 3;1 identification of Key Redevelopment Parcels
APD has made extraordinary process in property acquisition for the Laney Walker. and
Bethlehem redevelopment project, acquiring over $2 million in properties, and did so ahead of
the projected schedule. The key to this successful strategy was the use of the institutional
knowledge available to the APD Team. Two members of the APD Team, Catherine Manness and
Dianne Beck, knew many of the potential sellers and lived in. the Laney Walker /Bethlehem
neighborhoods, thus provided a unique perspective to the property acquisition process. In
additional to traditional methods, the APD staff went above and beyond to build relationships
with potential sellers that often guaranteed a smooth selling process. They were able to gather
information in such a manner that assured confidentiality and extreme professionalism. Weekly
Property Acquisition services include weekly follow up calls, arranging conference calls and
special meetings with potential" sellers, taking time to explain what is necessary to sell the
property, and developing a professional bond with potential sellers (APD is always the seller's
first contact). If potential sellers were unable to be identified, APD used an outreach strategy
that included visiting neighborhood churches, site visits to speak with neighborhoods, online
research and attending Town Hall meetings to stay abreast of community happenings. This
institutional knowledge strategy coupled with traditional property acquisition techniques will
continue into the next phase of property acquisition — identifying and acquiring key
redevelopment parcels in the six identified project development areas.
Deliverable:
• Strategic action plan for assembling key redevelopment parcels
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APD Urban Planning & Managetnei `,C. Property Management and Properly Acquisition Ag snt
• The Hyde Park relocations are not included in these projections.
• Bond funds are only responsible for building the infrastructure at Holley Street Commons
(H1) and East Mill Village (W2).
Deliverable; Individual OPS per development node; overall development project schedules
Task Z4 Project Budget Development
Developing and managing the budget tests how clearly and completely each project has been
defined. Our prior experience as developers give us the insight needed to capture project
expenses for all hard and soft costs and identify all sources of funds. Each budget we prepare
includes the costs of all consultants, an estimate of construction costs, and all other costs that
will be incurred for each project.
During the preparation of the budget, APD outlines the basis on which each cost is developed.
Once the budget is authorized, APD has demonstrated the ability to manage the project within
the agreed budget guidelines. We also acknowledge that maintaining a strict adherence to a
budget on this type of redevelopment project is an ongoing challenge. Our understanding of
urban development help us prepare our client for the unexpected. At each stage of the design,
the budget is refined and the contingency amount will be reduced until we get to a budget
number that will ultimately be used to for the construction budget.
Deliverables:
• Project. budgets
• Financial analysis, including scheduled recoup of investment via property taxes, etc.
• Cash Flow Analysis
Task 2.4 Development of Program Reporting System
Although we currently use a Program Reporting System that is satisfactory to AHCDD, we think
this can be improved. We recommend using the established program reporting system
database to report on schedule, budget and project status for each program project. We
suggest that the reports be shared periodically to keep all stakeholders informed. This useful
tool can be tailored to produce different levels of information that can be shared with:
• General Public via monthly updates on a dedicated project website
• Commissioners (updated reports can provided periodically)
• Department Staff (updated reports can provided at weekly meetings)
• Government Officials (semi - annual reporting for Uniform Relocation Act (URA)
Deliverable:
• Ongoing and regular updates of program reporting system
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APD Urban Planning & Management , LLC, ,perty Management and Property Acquisition Agreement
TASK FOUR Review of Development Regulatory Frameworks
Many of the proposed redevelopment projects will require rezoning and /or variances in order to
achieve the desired development patterns and building densities, During the past three (3)
years, we have learned a valuable lesson regarding the time and effort that is expended in
approaching regulatory changes in one Project Area at a time. Our ability to attract qualified
builders and developers to the LW /B redevelopment area will have a lot to do with our ability to
have all regulatory impediments to development resolved as a condition of their participation.
We still have a lot of work to do in this area,
Task 4.1 Review of Proposed Development Projects
APD will review proposed development projects for consistency with the respective zoning and
land use regulations.
Task 4.2 Meeting Facilitation
APD will facilitate meetings with the Planning Department, and other departments, as needed,
and make recommendations on appropriate approaches to and use and zoning that would be
consistent with short- and long -range redevelopment goals, including the implementation of
Overlay Zoning to protect critical areas.
Task 4.3 Design and Enforcement of Architectural Guidelines
The APD Team will design and enforce architectural guidelines that are consistent with our
Pattern Book to insure redevelopment patterns are consistent with the neighborhoods' rich
historic and cultural past.
Deliverables:
• Updated memorandums outlining recommended approach to redevelopment
• GIS mapping and detailed site plan development for graphic presentations
• Completion of the Overlay Zoning process for each of the six (6) Project Development
Areas
TASK FIVE Adherence to Administrative Procurement
Requirements
Although we currently have a strong team of professionals necessary to assist in many of the
current redevelopment initiatives, we do have areas in which additional team members are
needed. As the LW /B redevelopment project moves into project areas requiring more
restoration, mixed use projects, multifamily projects, and projects designed to stimulate
economic development, new team member skills will be needed. We understand the
importance of adherence to the procurement regulations when soliciting the services of third
party consultants and contractors. We have been successful in creating a process that has
passed the scrutiny of Inspector General Contract file reviews.
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APD Urban Planning & Manageme LC. Property Management and Property Acquisition. Ag ent
Task 3.2 Property Acquisition Alternatives
APD uses a proven property acquisition process that ensures adherence to all applicable
uniform relocation standards and guidelines.
Based on the development phase, APD has identified two property acquisition alternatives that
can be used:
• Option Agreement to Purchase to gain site control of the property/properties, until a
developer is ready for development; or
• Contract of Sale to allow the Augusta Land Bank to own the property/properties.
Task 3.3 GIS Mapping of Property Acquisition Process
The GIS (Geographic Information System) mapping technology enables APD to provide ACHDD
with a graphic based tracking system of property acquisition and land assembly progress. The
APD Team will compile and analyzed property acquisition data and present weekly reports to
the client. As part of the file creation, a property chart will be created that includes a photo of
every property and detailed information on the property. The property data base will be set up
as an excel spreadsheet and linked to City's GIS data base that will feature a "point and click"
application to reference both location and parcel specific information. The database is currently
presented during regular Project Management meetings as overlays specific to the project
development areas, and password protected for limited access.
Deliverable:
• GIS mapping and detailed . property acquisition development status_ for graphic
presentations _
Task 3,4 Adherence to Uniform Relocation Act and Real Property
Acquisition
An important component of the Property Acquisition process is developing a relocation strategy.
APD has worked with ACHDD over the last three years in developing a relocation strategy that
ensures adherence to the Federal Uniform Relocation Act. As a part of this task, APD will
continue to work with ACHDD to identify potential relocation sites, and contact appropriate
agencies to gather information needed to eliminate potential problematic relocation sites.
Detailed documentation is maintained to ensure rights of relocated tenants and homeowners
are protected.
Deliverables:
• Identify and arrange for the acquisition of remaining parcels in active Project
Development Areas,
• Negotiate Options to Purchase of key parcels in the Foundry Place, Boulevard, and
Heritage Pine Project Areas, and
• Revise current process of working with builders, purchasers, realtors and the closing
attorney to expedite closing with new homebuyers
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APD Urban Planning & Management , LL . operty Management and Property Acquisition Agreeme&.
as "model" projects that will serve as a pattern for other development occurring within close
proximity.
Deliverables: .
• Written documentation of meetings with developers /builders to review plans and
construction specifications
• Written documentation on issues impacting construction progress
TASK SEVEN Identification of Funding Sources
The LW /B project is fortunate to have a bond financed funding stream that is supported by a
local hotel /motel fee. While this is unique to our experience in managing neighborhood
redevelopment projects, we also realize that it is not enough funding to capitalize this project.
Unless additional funding sources are identified, the LW /B project will fall short of even its most
modest goals of redevelopment. As discussed in Task Six, we have the experience and the
contacts to identify national organizations that have the ability to bring money to this award -
winning project.
Task Z1 Identification of Funding Sources
Inner -city redevelopment projects will often require layer- funding sources to help make projects
feasible. Over the past three years, we have proven our ability to identify organizations
interested in partnering with the City of Augusta on this project. Through this task, we will
expand our assistance in identifying and securing funds to leverage funds provided by the
AHCDD.
Deliverables
• Use our experience, credibility, and contacts' to bring national funding sources and
partnership opportunities to the LW /B project
• Provide technical assistance to the AHCDD to apply for financing through funding
sources that include state, federal, and private foundations
• Prepare funding applications
• Negotiate funding
• Review development proformas to aid in application processes for funding alternatives,
i.e. LIHTC applications
Task J.2 Experience with Federal Funding Sources
APD has extensive experience in utilizing federal funds on urban revitalization projects,
including HOME, CDBG, and NSP. On all projects in which APD has managed and employ the
use of state and federal funds, APD's financial management and recordkeeping policies have
resulted in stellar monitoring and audit visits, resulting in no findings. In Phase I of this project,
APD has demonstrated the ability to facilitate mixed use development through leveraging public
funds with private financing. These examples include the following:
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APD Urban Planning & Managemer C. Property Management and Property Acquisition Ag °nt
Deliverables:
• Prepare a scope of work to be used in the solicitation of additional team members based
on our knowledge of the expanded set of skills needed for new projects
• Develop a procurement file checklist for all third party solicitations,
• Design and manage an internal auditing process to make sure that project files are kept
current,
TASK SEX Project Facilitation with Developers
In the approach section of our scope of work, we described Phase II as "Deal Making and
Ground Breaking ". Simply stated, this means that we view negotiating deals that leverage City
funding is one of our most important responsibilities. Regardless of who is selected to manage
the next phase of the LW /B redevelopment project, they should have the skills to negotiate
deals with developers that lead to the start up of new projects. It is an often used term that
says "it's not bragging if you can deliver ". We know how to bring key players to the table. Our
contacts with national entities such as NeighborWorks of America, Enterprise Foundation,
Purpose Built Communities, and Builders of Hope and their interest in the LW /B project is
evidence that we know how to get key players to the table for this project.
Task 6.1 Meet with Potential Laney Walker/Bethlehem Developers
In tandem with ACHDD, APD will meet with potential developers on -site or via conference call,
who are interested in developing in LW /B, Generally, these meetings will include:
• Gaining a more detailed understanding of the proposed projects, including the
development entity's program or objectives for the site
• Discussing how the proposed project complies with the LW /B Neighborhood Plan
recommendations
• Reviewing site plans and building design characteristics to encourage compliance with
current local government regulations and modified regulations along with design
standards being proposed by AHCDD and the LW /B Neighborhood Plan
• Proposing project development considerations to insure the project meets the spirit and
intent of the development framework established in the plan
• Discussing potential partnership opportunities with other private developments working
within the same general location
Discussing potential partnership and support opportunities with the Laney
Walker /Bethlehem non -profit organizations
• Discussing the ability of the developer to quickly move to the project quickly to the
construction phase
APD is aware that additional developers with stronger capacity will be needed for future
development, The APD Team will work with AHCDD to solicit additional developers who might
be interested in working in key Laney Walker /Bethlehem catalyst project areas. Ideally, these
sites will include areas identified in the neighborhood plan as key development zones. The
common characteristic in each of these zones is the need to establish development guidelines
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APD urban Planning & Management , LL& Jperty Management and Property Acquisition Agreemen,
Deliverables:
• Provide written, regular progress reports and updates at the Schematic Design, Design
Development, Construction Documents (progress) and Construction Documents (final)
phases.
• Monitor schedules and budgets to ensure timely progress and completion
TASK NINE Construction Management
Once design work is completed, the APD Team will continue to facilitate the process of initiating
construction activity. The current builders and developers possess both general construction
and specialty work (specifically, flat work), however stronger construction oversight and
management is needed for a revitalization project of this type and scale, especially when
construction activity increases. APD has supplemented its skills and knowledge of this project,
bringing back to its team, the construction advisory set of IntergralGude Program
Management, a construction services and management company with national experience and
familiarity with the Laney Walker and Bethlehem neighborhoods, to assist with this task.
During construction, the APD Team will monitor the construction schedule and cost, and inspect
the quality of the construction on scheduled site visits. The Team will facilitate the resolution of
all construction - related issues, and keep the development team informed of the construction
progress throughout the process.
Task 9.1 Coordination of Construction Team
The APD Team will facilitate any construction team meetings to coordinate project issues.
Typical agenda items will include a review of the construction progress, schedule, and
outstanding action items from the Action Item, Agenda (AIA), budget, pending Requests for
Information (RFIs), and changes. APD will document the meetings and decisions, and
distribute the record to all Team members.
Deliverables: Written documentation of meeting minutes, construction progress reports for all
projects
Task 9.2 Manitorinq of Construction Process
As construction policies were previously developed during Phase I of this project, the APD Team
will continue to manage, monitor, and ensure continued compliance with ACHDD housing
standards as well as monitor adherence to architectural and design guidelines. This includes
but may not be limited to the following:
• Provide construction oversight and coordination;
• Coordinate all proposed change orders and Requests for Information;
• Maintain flow of information between ACHDD and developers;
• Review and approve as appropriate, regular applications for payment;
• Provide site inspections and oversee contractor /developer performance;
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APD Urban Planning & Manageme LC. Property Management and Property Acquisition A} nt
• Four (4) homes on 11 St were developed with HOME funds [Heritage Pine -P1]
• Three (3) duplexes on Florence St were developed with a combination of NSP funds and
private financing [Heritage Pine -P1]
• Two (2) homes on Pine St, and one (1) on Laney Walker were developed with a
combination of HOME funds and private financing (HOME funds were repaid on this
project) [Heritage Pine -P1]
• One (1) home on Holly St has income eligible homebuyer, as the infrastructure was
completed using HOME funds [Heritage Pine -P1]
• Cul -de -sac to be developed with HOME funds [Holley Street Commons -H1]
Deliverable:
• Maintain internal file system for property acquisition and construction management that
will comply to HUD and local government audits
TASK EIGHT Coordination of Design Ser ices
Task 8,1 Coordination ofArchitectural and Design Services
Our firm is fortunate to have building and landscape architects, urban planners, and
construction managers working full -time in our Augusta, GA. office. These professionals all .have
graduate degrees and experience in working on the Laney Walker /Bethlehem project,
Because of the historic and cultural significance of the Laney Walker /Bethlehem neighborhoods,
this project will require our knowledge of the skills of design.,professionals with experience
working in older established neighborhoods. While the current selection of design firms are
strong in new inflil construction and historic preservation, there' is a need for increased capacity
of selected design .firms to work in mixed use projects, multi - family development, and mixed
use development. APD will work with ACHDD to establish goals for re- evaluating the current
stable of architects and engineers. APD will also work with ACHDD to develop procurement
criteria to expand the current list in order to develop a full team that is able to provide the
required design and construction documents for these redevelopment projects.
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Deliverables:
• Develop design metrics /checklists to establish consensus -based goals for project
• Procure additional design and construction firms as deemed necessary
Task 8:2 Administration of Architectural and Design Services
Once the final slate of design consultants is established, APD will help to manage their workload
and provide guidance to the design team. This oversight and focus will insure compliance to
the terms of the contract and implementation of each project program within the established
budget.
APD Urban Planning & Management , LL. .operty Management and Property Acquisition Agreemei.
• Outreach to neighboring organizations and existing community development
corporations and churches
APD will also work with the Branding and Marketing Consultant and local realtors to develop
structured outreach to schools, universities, and hospitals to increase awareness of the LW /B
redevelopment project.
Deliverables;
• Quarterly meeting summaries and outline of public and stakeholder input process;
written project materials.
Task 1a2 2 Public and Private Partnerships
One of the ways to encourage redevelopment is through encouraging public and private
partnerships with experienced lenders, builders, developers, community stakeholders, and
entities responsible for acquisition and development. APD strongly believes this effort is a
crucial step towards stimulating construction starts in more impactful numbers. APD will
continue to foster these critical partnerships.
Deliverables:
• Broker and prepare Memorandums of Understanding and Partnership Agreements with
clearly defined goals, objectives, roles, responsibilities and evaluation benchmarks
• Conduct and document meetings with proposed partnerships
• Review development proformas
• Assist in application processes for funding alternatives including LIHTC applications
Task 10.3 Preservation of Cultural Heritage
The APD team understands that the bond funding for the Laney Walker /Bethlehem project is
tied to the development of a tourism component. AHCDD has already begun efforts in the
creation of an African American Heritage Trail within the community. This includes meetings
with a committee of community stakeholders and community leaders and the development' of a
draft of a scope of work to be followed. APD will continue this effort by continuing to obtain
feedback from community members and leaders on how the Trail should be shaped.
Deliverables:
• Refinement of scope of work that will serve as a framework for a procured or solicited
company to develop a plan and implementation steps
• Coordination of a group of professionals to develop the content portion of the Trail
• Assistance in selection of a design team to provide a schematic layout and proposed budget
• Oversight of an NEH Planning Grant, should that be awarded (August 2012)
• Written documentation of coordination and management of solicited design team
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APO Urban Planning & Manageme LC. Property Management and Property Acquisition Ag °nt
• Maintain set of as -built drawings to reflect changes /revisions /modifications;
• Monitor all project schedules; and
• Provide pipeline reporting of aggregate status
Deliverables;
• Regular site visit reports to include photo documentation of construction progress and
project recommendations
• Individual Project Site Visit Status Reports on current projects under construction or in
pre - development stages
,Task 9.3 Procurement of Additional Construction Services
Although builders /developers have been procured, APD is aware that stronger capacity will be
needed to fully and successfully prepared to move forward with the current crop of builders, or
assist AHCDD in identifying additional companies that would be able to execute the work. If it
is determined that more are needed, APD will coordinate with Augusta's Procurement
Department on the selection, vetting, and procurement of these companies.
Deliverables;
• Development of construction solicitation package
• Facilitation of bidding process
• Recommendations based on analysis of bids received
TASK TEN COMMUNITY ENGAGEMENT AND OUTREACH
The APD team's approach to community engagement will build on the previous outreach
conducted in the Laney Walker and Bethlehem redevelopment areas. We have conducted and
participated in over twenty (20) neighborhood meetings during the past three (3) years.
Community stakeholders know who we are, and know of our excellent track record in working
in an open and transparent environment. Working with ACHDD and the current Branding and
Marketing team, APD will continue its concerted efforts to implement a community engagement
strategy that is inclusive of all segments of the population including local residents, businesses,
schools, churches, property owners, neighborhood associations, and elected officials.
Task 101 Public Involvement Plan
In the elaboration of the Neighborhood Plan, APD, along with the AHCDD, has held numerous
community meetings in order to document the needs of Laney Walker and Bethlehem
communities. APD acknowledges that the AHCDD has made a concerted effort to continue to
communicate with the neighborhoods through quarterly update meetings. We envision
continuing this effort through:
• Presentations and boards for future quarterly meetings
• Meetings and correspondence with community leaders and neighborhood associations
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APD Urban Planning & Management , LLC perty Management and Property Acquisition Agreemen‘
TASK TWELVE EVALUATION
For any plan to be successful, a clear guideline or roadmap must be established to determine if
in fact, the plan has succeeded. Logic models help stakeholders clearly and visually identify
inputs, activities, outputs, and the resulting outcomes.
Task 121 Monitoring, Tracking and Reporting Tools
The APD Team will provide technical assistance or application development /reviews for
adherence to program criteria for a discrete number of items. A monitoring tool will be
developed that would address all areas of compliance, including a pre - monitoring plan at the
project start -up. The monitoring tool will establish the maximum process for accountability,
responsibility and authority of ACHDD to carry out local, Federal and State statutory and
regulatory requirements. APD, along with Melaver- McIntosh and ACHDD, have identified the
following evaluation metrics for the Laney Walker /Bethlehem project:
Deliverables:
• Logic model demonstrating the evaluation plan to be used to document the outcomes
resulting from specific strategies and actions utilized in the redevelopment of Laney
Walker /Bethlehem
• Monitoring, tracking and reporting tool and training for various redevelopment activities.
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APD Urban Planning & Manageme LC. Property Management and Property Acquisition Ar ent
TASK ELEVEN COORDINATION OF MARKETING TEAM
In conjunction with Melaver /McIntosh and ACHDD, we have already started developing the
branding and marketing of the Laney Walker and Bethlehem redevelopment efforts. During
Phase I, AHCDD procured a realtor (Meybohm) and branding and marketing team (Melaver-
McIntosh) to work on the Laney Walker /Bethlehem project. As a result of these efforts, the
Laney Walker /Bethlehem revitalization projects have received the following awards and
recognitions:
Awards:
• Georgia Planning Association 2011 Outstanding Plan Implementation Award
• Finalist for Southern Living's Heroes of the New South Award
• Georgia County Excellence Award (2012)
Conferences:
• 2011 Georgia Planning Association Spring Conference
• Georgia Initiative for Community Housing, Americus, Georgia, June 2011
• New Partners for Smart Growth Conference, San Diego, February 2012
• American Planning Association National Planning Conference, Los Angeles, April 2012
Press /Articles:
• Harvard University Student Journal of Real Estate, "Municipal Government: The Next
Master Developer ?," Vol I
• Georgia Planning Association Newsletter, June, July and August 2011
• Verge Magazine, "Vision: The Quiet Brilliance Behind the Rebirth of a Neighborhood,"
July 2011
• Augusta Chronicle, "Laney Walker - Bethlehem Revitalization Won't Displace Residents,"
June 30, 2011
• Augusta Chronicle, "New homes rejuvenate older areas," Feb. 12, 2011
• Augusta Chronicle, "First home sold in Laney - Walker revitalization project," March 2,
2011
APD envisions the continuation of this vitally important working relationship with both Meybohm
and Melaver - McIntosh to successfully move the project forward.
Deliverables:
• Conduct coordination meetings to ensure that there is a consistent level of outreach to
the community pertaining to the project
• Review marketing materials, including videos, flyers, and website information
• Actively participate in any branding and marketing efforts to provide continuity between
realtor, marketing, ACHDD and developers
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APD Urban. Planning & Management , LLC. rty Management and Pmperty Acquisition Agreement
Project Staffing
Position
Principal 70%
Senior Project Manager 100%
Senior Construction Manager .. 100%
Urban Design Manager 100%
Urban Planner /Landscape Architect .100%
Auto CAD Assistant 100%
Property Acquisition Manager 100%
GIS Manager 20%
Project Administrator 10%
APPENDIX B
COMPENSATION /BUDGET
Consultant requests for payment may be submitted monthly. Weekly reports will be provided
through a written narrative and photos which will adequately describe and document the work
performed. Total payments for the services rendered under this Contract will not exceed
$570,270. The monthly billing will be in the amount of $45,022.50 ($540,270 annual amount).
The Special Commercial Construction Management Advisory Services will be billed on an as
needed basis (at an hourly rate), not to exceed the agreed upon amount of $30,000 dollars.
Compensation for services will be provided in installments, based on actual work performed
along with other reimbursable costs. Payment will be based upon completion of key
components of the project work plan.
Tasks #1 thru #12
Special Commercial Construction Management Advisory Services
Travel /Printing /Reproduction
TOTAL BUDGET
Percent of Time
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$540,270
$ 30,000
$ N/C ..
$570,270
APD Urban Planning & Managen. . , LLC. Property Management and Property Acquisition a,.;ement
APPENDIX C
WEEKLY PROGRESS REPORT
(Due on Monday for Prior Week Activities)
FOR WEEK OF:
CONSULTANT: ASSET PROPERTY DISPORITION, INC.
Address:
Contact Person: Phone*:
Project Name:
Project Management Services for Laney - Walker /Bethlehem Revitalization Project
Part I. ACTIVITY STATUS FOR WEEK — Describe Progress Achieved in Accomplishing Project
Goals and Objectives during this report period,
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APD Urban Planning & Management , LLC. rty Management and Property Acquisition Agreement
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APD Urban Planning & Management , LLC. ety Management and Property Acquisition Agreement
PROFESSIONAL SERVICES AGREEMENT BETWEEN
AUGUSTA, GEORGIA
AND
FOR PROPERTY MANAGEMENT AND PROPERTY ACQUIISITION
SERVICES
APD URBAN PLANNING & MANAGEMENT, LLC
(7121(_)I.tA1p,
`�1�a
This Agreement is made and entered into this day of January, 2012, by and between Augusta,
Georgia, by and through the Augusta - Richmond County Commission, (hereinafter referred to as
"Grantee "), and APD Urban Planning & Management, LLC., (hereinafter referred to as the
"Consultant ").
WITNESSETH
NOW, THEREFORE, the parties hereto do mutually agree as follows:
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WHEREAS, the Grantee is undertaking certain activities related to the revitalization of certain
neighborhoods; and
WHEREAS, the Grantee desires to engage the Consultant for the purpose of providing project
management services and act as Grantee's representative in support of the revitalization initiative in the
Laney - Walker and Bethlehem neighborhoods; and
WHEREAS, the Grantee will utilize non - federal and federal Community Development Block Grant and
HOME Investment Partnership funds for this initiative; and
WHEREAS, the Grantee requires Consultant to comply with the Community Development Block Grant
Program regulations at 24 CFR Part 570. and HOME Investment Partnerships Program regulations at 24
CFR 92.
EMPLOYMENT QF CONSIJLTAA'T. Grantee agrees to engage the Consultant, and the
Consultant agrees to provide consultant services which involves acting as the Grantee's
representative and working with Grantee's staff, contractors, developers, funding sources
and neighborhood -based organizations as part of managing the redevelopment of Laney -
Walker and Bethlehem neighborhoods.
2: SCOPE OF SERVICES. The Consultant will provide the services ( "Services" set forth in
Appendix A, attached hereto and incorporated herein by reference.
It is understood and agreed by the parties that the services of the Consultant do not
include any of the following: the disbursement or account of funds distributed by the
Grantee's financial officer, legal advice, fiscal audits or assistance with activities not
related to this project.
3. LIAISON. The Grantee's designated liaison with the Consultant is Chester A. Wheeler,
III, Director of the Augusta Community Development Department. The Consultant's
designated liaison with the Grantee is 0. Jesse Wiles.
4. EFFECTIVE DATE AND TIME OF PERFORMANCE. This Contract takes effect on
January , 2012, with the Grantee's right to renew contract terms, conditions and
compensation annually.. Grantee may discontinue contract after one year or at any time
during the contract period with 30 days notice to Consultant. Consultant may
discontinue contract with 6o -day notice to Grantee.
APD Urban Planning & Manage%. , LLC. Property Management and Property Acquisition A .,anent
COMPENSATION. For the satisfactory completion of the services to be provided under
this Contract, the Grantee will pay the Consultant a sum not to exceed Five Hundred
Seventy Thousand -Two Hundred Seventy dollars and no cents ($57o,27o.00) annually,
which the Grantee agrees to pay as set forth in "Appendix B — Compensation /Budget ",
attached hereto and incorporated herein by reference. Compensation for services will be
provided in two parts: i) $540,27o paid to Consultant in installments, based on actual
work performed and based upon the completion of key components of the project
deliverables, and 2)$3o,000 paid (on an as- needed basis) to the Consultant's sub-
contractor IntegralGude for special Construction Management Advisory service, based on
Task Orders and agreed on billing rates. Total compensation not to exceed $570,270
6. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that the
Consultant is an independent contractor and as such, neither it nor its employees, if any,
are employees of the Grantee for purposes of tax, retirement systems, or social security
(FICA) withholding. It is further understood that the Consultant will maintain at its
expense for the duration of this Contract, coverage in a workers' compensation plan for
its principles and employees for the services to be performed hereunder.
7. ELIGIBILITY. The Consultant certifies that the Consultant's firm and the firm's
principals are not debarred, suspended, voluntarily excluded, or otherwise ineligible for
participation in federally assisted contracts under Executive Order 12549: "Debarment
and Suspension" [24 CFR 24.505].
8. CONFLICT OF INTEREST. The Consultant covenants that it presently has no interest
and will not acquire any interest, direct or indirect, in the project that would conflict in
any manner or degree with the performance of its services hereunder. The Consultant
further covenants that, in performing this Contract, it will employ no person who has any
such interest.
9. ENTIRE AGREEMENT: MODIFICATION. This Contract contains the entire agreement
between the parties, and no statements, promises or inducements made by either party,
or agents of either party, that are not contained in the written Contract, are valid or
binding. No changes, amendments or alterations shall be effective unless in writing and
signed by both parties. The Consultant specifically acknowledges that in entering into the
executing this agreement, Consultant relies solely upon the provisions contained in this
agreement and not others.
io. NON- ASSIGNMENT OF AGREEMENT. Inasmuch as this agreement is intended to
secure the specialized services of the Consultant, Consultant may not assign its rights,
including the right to compensation, transfer, delegate or subcontract any interest herein
without the prior written consent of Grantee. Any subcontractor or assignee-will be
bound by all the terms and conditions of this contract.
11. ASSIGNMENT OF PERSONNEL. The Consultant shall not substitute any personnel for
those specifically named in its proposal unless personnel with substantially equal or
better qualifications and experience are provided and acceptable to Grantee, as is
evidence in writing.
12. INDEMNIFICATION. The Consultant waives any and all claims and recourse against the
Grantee, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incidental to the
Consultant's performance of this contract. Further, the Consultant will indemnify, hold
harmless, and defend the Grantee against any and all claims, demands, damages, costs,
expenses, liability arising out of the Consultant's performance of this Contract except for
liability arising out of the concurrent or sole negligence of the Grantee or its officers,
Page 2 of 23
APD Urban Planning cY Management , LLC. :rty Management and Property Acquisition Agreement
agents or employees. Consultant shall also indemnify Grantee for any adverse
determination made by the Internal Revenue Service or the State Franchise Tax Board
against the Grantee with respect to Consultant's `independent contractor' status that
would establish a liability for failure to make any social security or income tax
withholding payments.
13, INSURANCE. Consultant shall have and maintain in full force and effect for the duration
of this Agreement, insurance insuring against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the work by
Consultant, its agents, representatives, employees, or sub - consultants.
1 4. BREACH OF CONTRACT. In the event of Breach of Contract by the Consultant, the
Grantee may at its option, engage the services of another Consultant to complete the work
and deduct the cost of the completion from the amount due to the Consultant. In the
event either the Grantee or the Consultant do not fulfill performance under this
agreement, then the affected party may pursue all legal remedies available for breach of
contract.
15. TERMINATION OF CONTRACT. This Contract may be terminated as follows:
(a) Termination for cause.
(i) If the Grantee determines that the Consultant has failed to comply with the terms
and conditions of the Contract, it may terminate this Contract in whole or in part
any time before the date of completion. If the Consultant fails to comply with any
of the terms and conditions of this Contract, the Grantee may give notice, in
writing, to the Consultant of any or all deficiencies claimed, The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified in
the notice, the Grantee may, with no further notice, declare this Contract to be
terminated. The Consultant will thereafter be entitled to receive payment for
those services reasonably performed to the date of termination, less the amount
of reasonable damage suffered by the Grantee by reason of the Consultant's
failure to comply with this Contract.
(ii) Notwithstanding the above, the Consultant is not relived of liability to the
Grantee for damages sustained by the Grantee by virtue of any breach of the
Contract by the Consultant, and the Grantee may withhold any payments to the
Contractor for purposes of setoff until such time as the exact amount of damages
due the Grantee from the Consultant is determined.
(iii) Grantee may terminate this contract should funding cease or be materially
decreased.
16. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and
conditions of this Contract, the prevailing party is entitled to recover reasonable
attorney's fees and other costs and expenses, whether the same are incurred with or
without suit.
17, DOCUIVIENTS INCORPORATED BY REFERENCE. The Consultant's Request for
Qualifications for property acquisition services for the Laney - Walker and Bethlehem
neighborhoods, submitted September 3, 2008, and all applicable federal and state
statutes and regulations incorporated into this Contract by this reference are binding
upon the Consultant.
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APD Urban Planning & Manager LLC. Property Management and Property Acquisition h.,- ..ement
18. U.S. President Executive Order 11246
a„ Approved Plan
The Subrecipient agrees that it shall be committed to carry out pursuant to the Grantee's
specifications in keeping with the principles as provided in President's Executive Order
11246 of September 24, 1965. The Grantee shall provide program guidelines to the
Subrecipient to assist in the formulation of such program. The Subrecipient shall submit
a plan for approval prior to the award of funds.
b. Women -and Minority -Owned Businesses (W /MBE) (24 CFR 570.610 & Part 84
applies)
The Subrecipient will use its best efforts to afford small businesses, minority business
enterprises and women's business enterprises the maximum practicable opportunity to
participate in the performance of this Agreement. As used in this Agreement, the terms
"small business" means a business that meets the criteria set forth in section 3 (a) of the
Small Business Act, as amended (15 U.S. C. 632), and "minority and women's business
enterprise" means a business at least fifty-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group
members" are Afro - Americans, Spanish- speaking, Spanish surnamed or Spanish - heritage
Americans, Asian- Americans and American Indians. The Subrecipient may rely on
written representations by businesses regarding their status as minority and female
business enterprises in lieu of an independent investigation.
Disclaimer: Augusta - Richmond County, Georgia does not operate a DBE, MBE or WBE
program but rather pursuant to its code of ordinances, this local government operates
instead a local small business opportunity program.
19. NONDISCRIMINATION AND EQUAL OPPORTUNITY. The Consultant will abide by the
Federal requirements set forth in 24 CFR 5.105(a), Nondiscrimination and Equal
Opportunity, as these apply to the CDBG program and activities.
a) Requirements of the Fair Housing Act [42 U.S.C. 3601 -20] and Executive Orders
11063 and 12259 (regarding Equal Opportunity in Housing);
b) Prohibitions against discrimination on the basis of age under the Age Discrimination
Act of 1975 [4 U.S.C. 6101 -07];
c) Prohibitions against discrimination against an otherwise qualified individual with a
physical or mental disability, as provided in Section 504 of the Rehabilitation Act of
1 973 [42 U.S.C. 794]; and
20. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 [12 U.S.C.
1701U].
The Consultant will ensure that, to the greatest extent feasible, opportunities for training
and employment arising in connection with this project will be extended to lower income
project area residents. Further, Consultant will, to the greatest extent feasible, utilize
Page 4 of 23
APD Urban Nanning & Management ,
ATTEST:
SEAL
6).R
erza g. +; `• er. -
Clerk OfCornihission
,operty Management and Property Acquisition Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first written above.
Page 6 of 23
By:
t7,14/
AUGUSTA, GEORGIA
(Grantee)
David S. Copenhaver
As its Mayor
Frederick L. Russell
City Administrator
Chester A. Wheeler, III, Director
Augusta Housing & Community Development Dept.
APD Urban Planning & Management, LLC
(Consultant)
APD Urban Planning & Managemei _C. Property Management and Property Acquisition Agi nt
business concerns located in or substantially owned by residents of the project area, in
the awarding of contracts and purchasing of services and supplies.
21. NONDISCRIMINATION. The Consultant will not discriminate against any employee or
applicant for employment on the basis of race, color, religion, creed, political ideas,
gender, age, marital status, physical or mental disability, or national origin.
22. LOBBYING PROVISIONS. The Consultant certifies that no Federal appropriated funds
have been pain or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer of employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement and the
extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan or cooperative agreement.
23. OWNERSHIP AND PUBLICATION OF MATERIALS. All reports, information, data, and
other materials prepared by the Consultant pursuant to this contract are to be the
property of the Grantee, which have nonexclusive and unrestricted authority to release,
publish or otherwise use, in whole or in part, information relating thereto. Any reuse
without written verification or adaptation by Consultant for the specific purpose intended
will be at the Owner's sole risk and without liability or legal exposure to the Consultant.
No material produced in whole or in part under this Contract may be subject to copyright
or patent in the United States or in any other country without the prior written
permission of the Grantee.
24. REPORTS AND INFORMATION. The Consultant will maintain accounts and records,
including personnel, property and financial records, which are adequate to identify and
account for all costs pertaining to this Contract; and such other records as may be
deemed necessary by the Grantee to assure proper accounting for all project funds, both
federal and non - federal shares. These records will be made available for audit purposes
to the Grantee or its authorized representative, and will be retained by the Consultant for
five (5) years after the expiration of this Contract, unless permission to destroy them is
granted by the Grantee.
The Consultant, at such times and in such forms as the Grantee may require, shall furnish
Grantee bi- weekly progress reports in accordance with the outline indicated in Appendix
25. ACCESS TO RECORDS. It is expressly understood that the Consultant records relating to
this Contract will be available during normal business hours for inspection by the
Grantee, the Housing and Community Development Department, the U.S. Department of
Housing and Urban Development and the U.S. Comptroller General.
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APD Urban Planning & Management , I.I:. operty Management and Property Acquisition Agreemei.
Our review of market analysis data occurs as an ongoing part of our project management, We
make sure our findings are reviewed and disseminated to the appropriate parties in an effort to
help the team understand the market and what it will and will not support.
Deliverable: Summary report of project area indicators that impede growth and development
as well as new opportunities and strengths.
Task 2.2 Development Project Planning
The success of the Heritage Pine project area is the result of following a well thought -out
planning process that establishes project goals and responds to stakeholder interests. At the
onset of each project, APD has, and will continue to meet with members of the Development
Team to:
• Establish short term and long term development goals and objectives
• Define project concepts (schematic floor plans, site plans, financial models, etc.)
• Document project related activities and expenditures that have occurred
• Build a consensus plan of action for moving projects through development process to
construction phase
• Engage in team building discussion and dialogue, establish clear channels of
communication
Deliverable: Creation and updating of individual project development plans of action
Task 2.3 Project Schedule Development
With the understanding that project schedules change for a variety of reasons, we &so
understand that no key aspect of a redevelopment project should start without a Project
Schedule. A project schedule is developed for every aspects of the project that takes into
consideration desired completion dates and an understanding of impediments that are likely to
occur. APD will compile a comprehensive Overall Project Schedule (OPS) based on current and
previous project experience. The OPS determines the timeframe for completion of all program
components within agreed strategic goals and will serve as the roadmap for project
implementation. During the process of developing the OPS, draft schedules are presented for
consideration, and revised accordingly until a consensus is reached. Baseline schedules are
established that will serve as the benchmark for implementation. Individual OPS will include all
activities pertinent to the execution of the project including pre - development activities,
financing, construction, occupancy, residential sales, and project closeout.
For purposes of this RFP, APD has developed a preliminary schedule based on the following
assumptions:
• Completion at the following nodes is dependent on successful negotiations with the
respective developers at East Mill Village (W2), Twiggs Circle (W1 &T1 -T4), Foundry
Place (W4), and The Boulevard (JB1 &LW1).
• The Dollar General (DG) project is dependent on a favorable underwriting review by DG
corporate.
• The market study suggests an absorption rate of 10 units per year for -sale housing,
assumption is that this holds true for each node.
• The new starts of single - family houses in Heritage Pine (P1) are dependent on pre -
selling standing inventory.
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APD Urban Planning & Managemer :.C. Property Management and Property Acquisition Ag nt
APPENDIX A
SCOPE OF SERVICES
TASK ONE Development Team Management
As the current Project Manager and Owner Representative, it is our obligation to thoroughly
assess the current and future needs of this project and evaluate accordingly. We have
established a series of weekly meeting designed to orchestrate and manage the actions of the
Project Development Team members. Our responsibilities include management of the entire
development process, including assisting in the selection of development team members,
determining meeting schedules, preparing meeting agendas, facilitation of meetings,
generating and maintaining project Action Item Agendas, and tracking action items through
completion.
During each development phase, APD makes sure that relevant information is collected,
processed, and then analyzed so that all team members have responsibility and input in the
process. Our goal is always to have a well- documented process with clear results and clear
communication among all team members.
APO is well respected by the development team that has been assembled for this project and as
a result we are able to hold ourselves and our team members accountable.
Deliverables: Weekly meeting reports including but not limited to:
• Schedule report indicating relative progress compared to baseline schedule
• List of critical items and their status
• List and timeline of important next steps
• Budget report indicating budgets,` expenses and variance
• Record of design team meetings and decisions •
TASK TWO Project Management
Task 2.1 Document Review, Data Gatherin , Market Analysis
Coordination
APD continuously reviews key documents and reports relative to the Laney Walker /Bethlehem
(LW /B) neighborhoods' six pre - selected Project Development Areas. Through this task, we
establish, re- establish, and consider changes needed to achievable program goals for each
neighborhood development projects. This includes, but is not limited to, continued coordination
and application of the market analysis data generated in the Residential and Retail Market
Analysis completed during Phase I of the project.
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APD Urban Planning & Management , operty Management and Property Acquisition Agreemen.
TASK THREE Property Acquisition Analysis
Our property acquisition work with AHCDD and the Augusta Land Bank Authority has been just
short of amazing. In a three year period we have contacted over 1000 property owner and have
converted over 75% of the property owners to willing sellers. We have closed on over $2
million of property without the use of Eminent Domain! Although the majority of
property acquisition for the Laney Walker and Bethlehem revitalization projects occurred in
Phase I, strategic property acquisition analysis is still required to pursue key parcels within the
development nodes. Assembling key property and gaining site control is an essential
component of the neighborhood redevelopment strategy. Our future services will include:
• Identify key redevelopment parcels
• Review documents regarding ownership and market value
• Prepare preliminary sources -and -uses budgets as part of property acquisition decision -
making process
• Map key development parcels
Task 3.1 Identification of Key Redevelopment Parcels
APD has made extraordinary process in property acquisition for the Laney Walker and
Bethlehem redevelopment project, acquiring over $2 million in properties, and did so ahead of
the projected schedule. The key to this successful strategy was the use of the institutional
knowledge available to the APD Team. Two members of the APD Team, Catherine Manness and
Dianne Beck, knew many of the potential sellers and lived in the Laney Walker /Bethlehem
neighborhoods, thus provided a unique perspective to the property acquisition process. In
additional to traditional methods, the APD staff went above and beyond to build relationships
with potential sellers that often guaranteed a smooth selling process. They were able to gather
information in such a manner that assured confidentiality and extreme professionalism. Weekly
Property Acquisition services include weekly follow up calls, arranging conference calls and
special meetings with potential' sellers, taking time to explain what is necessary to sell the
property, and developing a professional bond with potential sellers (APD is always the seller's
first contact). If potential sellers were unable to be identified, APD used an outreach strategy
that included visiting neighborhood churches, site visits to speak with neighborhoods, online
research and attending Town Hall meetings to stay abreast of community happenings. This
institutional knowledge strategy coupled with traditional property acquisition techniques will
continue into the next phase of property acquisition — identifying and acquiring key
redevelopment parcels in the six identified project development areas.
Deliverable:
• Strategic action plan for assembling key redevelopment parcels
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APD Urban Planning & Managemei LC, Property Management and Property Acquisition Ag tnt
• The Hyde Park relocations are not included in these projections.
• Bond funds are only responsible for building the infrastructure at Holley Street Commons
(Hi) and East Mill Village (W2).
Deliverable: Individual OPS per development node; overall development project schedules
Task .14 Project Budget Development
Developing and managing the budget tests how dearly and completely each project has been
defined. Our prior experience as developers give us the insight needed to capture project
expenses for all hard and soft costs and identify all sources of funds. Each budget we prepare
includes the costs of all consultants, an estimate of construction costs, and all other costs that
will be incurred for each project.
During the preparation of the budget, APD outlines the basis on which each cost is developed.
Once the budget is authorized, APD has demonstrated the ability to manage the project within
the agreed budget guidelines. We also acknowledge that maintaining a strict adherence to a
budget on this type of redevelopment project is an ongoing challenge. Our understanding of
urban development help us prepare our client for the unexpected. At each stage of the design,
the budget is refined and the contingency amount will be reduced until we get to a budget
number that will ultimately be used to for the construction budget.
Deliverables:
• Project budgets
• Financial analysis, including scheduled recoup of investment via property taxes, etc.
• Cash Flow Analysis
Task .14 Development of Program Reporting System
Although we currently use a Program Reporting System that is satisfactory to AHCDD, we think
this can be improved. We recommend using the established program reporting system
database to report on schedule, budget and project status for each program project. We
suggest that the reports be shared periodically to keep all stakeholders informed. This useful
tool can be tailored to produce different levels of information that can be shared with:
• General Public via monthly updates on a dedicated project website
• Commissioners (updated reports can provided periodically)
• Department Staff (updated reports can provided at weekly meetings)
• Government Officials (semi- annual reporting for Uniform Relocation Act (URA)
Deliverable:
• Ongoing and regular updates of program reporting system
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APD Urban Planning & Management , LLC ,perty Management and Property Acquisition Agreement
TASK FOUR Review of Development Regulatory Frameworks
Many of the proposed redevelopment projects will require rezoning and /or variances in order to
achieve the desired development patterns and building densities. During the past three (3)
years, we have learned a valuable lesson regarding the time and effort that is expended in
approaching regulatory changes in one Project Area at a time. Our ability to attract qualified
builders and developers to the LW /B redevelopment area will have a lot to do with our ability to
have all regulatory impediments to development resolved as a condition of their participation.
We still have a lot of work to do in this area.
Task 4.1 Review of Proposed Development Projects
APD will review proposed development projects for consistency with the respective zoning and
and use regulations.
Task 4.2 Meeting Facilitation
APD will facilitate meetings with the Planning Department, and other departments, as needed,
and make recommendations on appropriate approaches to and use and zoning that would be
consistent with short- and long -range redevelopment goals, including the implementation of
Overlay Zoning to protect critical areas,
Task 4.3 Design and Enforcement of Architectural Guidelines
The APD Team will design and enforce architectural guidelines that are consistent with our
Pattern Book to insure redevelopment patterns are consistent with the neighborhoods' rich
historic and cultural past.
Deliverables:
• Updated memorandums outlining recommended approach to redevelopment
• GIS mapping and detailed site plan development for graphic presentations
• Completion of the Overlay Zoning process for each of the six (6) Project Development
Areas
TASK FIVE Adherence to Administrative Procurement
Requirements
Although we currently have a strong team of professionals necessary to assist in many of the
current redevelopment initiatives, we do have areas in which additional team members are
needed. As the LW /B redevelopment project moves into project areas requiring more
restoration, mixed use projects, multifamily projects, and projects designed to stimulate
economic development, new team member skills will be needed. We understand the
importance of adherence to the procurement regulations when soliciting the services of third
party consultants and contractors. We have been successful in creating a process that has
passed the scrutiny of Inspector General Contract file reviews,
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APD Urban Planning & Manageme LC. Property Management and Property Acquisition. Ag ent
Task 3.2 Property Acquisition Alternatives
APD uses a proven property acquisition process that ensures adherence to all applicable
uniform relocation standards and guidelines.
Based on the development phase, APD has identified two property acquisition alternatives that
can be used:
• Option Agreement to Purchase to gain site control of the property/properties, until a
developer is ready for development; or
• Contract of Sale to allow the Augusta Land Bank to own the property /properties.
Task 3.3 GIS Mapping of Property Acquisition Process
The GIS (Geographic Information System) mapping technology enables APD to provide ACHDD
with a graphic based tracking system of property acquisition and land assembly progress. The
APD Team will compile and analyzed property acquisition data and present weekly reports to
the client. As part of the file creation, a property chart will be created that includes a photo of
every property and detailed information on the property. The property data base will be set up
as an excel spreadsheet and linked to City's GIS data base that will feature a "point and click"
application to reference both location and parcel specific information. The database is currently
presented during regular Project Management meetings as overlays specific to the project
development areas, and password protected for limited access.
Deliverable:
• GIS mapping and detailed property acquisition development status_ for graphic
presentations
Task 3.4 Adherence to Uniform Relocation Act and Real Property
Acquisition
An important component of the Property Acquisition process is developing a relocation strategy.
APD has worked with ACHDD over the last three years in developing a relocation strategy that
ensures adherence to the Federal Uniform Relocation Act. As a part of this task, APD will
continue to work with ACHDD to identify potential relocation sites, and contact appropriate
agencies to gather information needed to eliminate potential problematic relocation sites.
Detailed documentation is maintained to ensure rights of relocated tenants and homeowners
are protected.
Deliverables:
• Identify and arrange for the acquisition of remaining parcels in active Project
Development Areas,
• Negotiate Options to Purchase of key parcels in the Foundry Place, Boulevard, and
Heritage Pine Project Areas, and
• Revise current process of working with builders, purchasers, realtors and the closing
attorney to expedite closing with new homebuyers
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APD Urban Planning & Management , LL . operty Management and Property Acquisition Agreeme .
as "model" projects that will serve as a pattern for other development occurring within close
proximity.
Deliverables;
• Written documentation of meetings with developers /builders to review plans and
construction specifications
• Written documentation on issues impacting construction progress
TASK SEVEN identification of Funding Sources
The LW /B project is fortunate to have a bond financed funding stream that is supported by a
local hotel /motel fee. While this is unique to our experience in managing neighborhood
redevelopment projects, we also realize that it is not enough funding to capitalize this project.
Unless additional funding sources are identified, the LW /B project will fall short of even its most
modest goals of redevelopment. As discussed in Task Six, we have the experience and the
contacts to identify national organizations that have the ability to bring money to this award -
winning project.
Task Z1 Identification of Funding Sources
Inner -city redevelopment projects will often require layer- funding sources to help make projects
feasible. Over the past three years, we have proven our ability to identify organizations
interested in partnering with the City of Augusta on this project. Through this task, we will
expand our assistance in identifying and securing funds to leverage funds provided by the
AHCDD.
Deliverables:
• Use our experience, credibility, and contacts to bring national funding sources and
partnership opportunities to the LW /B project
• Provide technical assistance to the AHCDD to apply for financing through funding
sources that include state, federal, and private foundations
• Prepare funding applications
• Negotiate funding
• Review development proformas to aid in application processes for funding alternatives,
i.e. LIHTC applications
Task 7,2 Experience with Federal Funding Sources
APD has extensive experience in utilizing federal funds on urban revitalization projects,
including HOME, CDBG, and NSP. On all projects in which APD has managed and employ the
use of state and federal funds, APD's financial management and recordkeeping policies have
resulted in stellar monitoring and audit visits, resulting in no findings. In Phase I of this project,
APD has demonstrated the ability to facilitate mixed use development through leveraging public
funds with private financing. These examples include the following:
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APD Urban Planning & Managemer :.C. Property Management and Property Acquisition Ag nt
Deliverables:
• Prepare a scope of work to be used in the solicitation of additional team members based
on our knowledge of the expanded set of skills needed for new projects
• Develop a procurement file checklist for all third party solicitations,
• Design and manage an internal auditing process to make sure that project files are kept
current.
TASK SIX Project Facilitation with Developers
In the approach section of our scope of work, we described Phase II as `Deal Making and
Ground Breaking ". Simply stated, this means that we view negotiating deals that leverage City
funding is one of our most important responsibilities. Regardless of who is selected to manage
the next phase of the LW /B redevelopment project, they should have the skills to negotiate
deals with developers that lead to the start up of new projects. It is an often used term that
says "it's not bragging if you can deliver ". We know how to bring key players to the table. Our
contacts with national entities such as NeighborWorks of America, Enterprise Foundation,
Purpose But Communities, and Builders of Hope and their interest in the LW /B project is
evidence that we know how to get key players to the table for this project.
Task 6.1 Meet with Potential Laney Walker /Bethlehem Developers
In tandem with ACHDD, APD will meet with potential developers on -site or via conference call,
who are interested in developing in LW /B. Generally, these meetings will include:
• Gaining a more detailed understanding of the proposed projects, including the
development entity's program or objectives for the site
• Discussing how the proposed project complies with the LW /B Neighborhood Plan
recommendations
Reviewing site plans and building design characteristics to encourage compliance with
current local government regulations and modified regulations along with design
standards being proposed by AHCDD and the LW /B Neighborhood Plan
• Proposing project development considerations to insure the project meets the spirit and
intent of the development framework established in the plan
• Discussing potential partnership opportunities with other private developments working
within the same general location
• Discussing potential partnership and support opportunities with the Laney
Walker /Bethlehem non - profit organizations
• Discussing the ability of the developer to quickly move to the project quickly to the
construction phase
APD is aware that additional developers with stronger capacity will be needed for future
development, The APD Team will work with AHCDD to solicit additional developers who might
be interested in working in key Laney Walker /Bethlehem catalyst project areas. Ideally, these
sites will include areas identified in the neighborhood plan as key development zones. The
common characteristic in each of these zones is the need to establish development guidelines
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APD Urban Planning & Management , L1.1 Jperty Management and Property Acquisition Agreemen,
Deliverables:
• Provide written, regular progress reports and updates at the Schematic Design, Design
Development, Construction Documents (progress) and Construction Documents (final)
phases.
• Monitor schedules and budgets to ensure timely progress and completion
TASK NINE Construction Management
Once design work is completed, the APD Team will continue to facilitate the process of initiating
construction activity. The current builders and developers possess both general construction
and specialty work (specifically, fiat work), however stronger construction oversight and
management is needed for a revitalization project of this type and scale, especially when
construction activity increases. APD has supplemented its skills and knowledge of this project,
bringing back to its team, the construction advisory services of IntergralGude Program
Management, a construction services and management company with national experience and
familiarity with the Laney Walker and Bethlehem neighborhoods, to assist with this task.
During construction, the APD Team will monitor the construction schedule and cost, and inspect
the quality of the construction on scheduled site visits, The Team will facilitate the resolution of
all construction - related issues, and keep the development team informed of the construction
progress throughout the process.
Task 9,1 Coordination of Construction Team
The APD Team will facilitate any construction team meetings to coordinate project issues.
Typical agenda items will include a review of the construction progress, schedule, and
outstanding action items from the Action Item. Agenda (AIA), budget, pending Requests for
Information (RFIs), and changes. APD will document the meetings and decisions, and
distribute the record to all Team members.
Deliverables: Written documentation of meeting minutes, construction progress reports for all
projects
Task 9.2 Monitoring of Construction Process
As construction policies were previously developed during Phase I of this project, the APD Team
will continue to manage, monitor, and ensure continued compliance with ACHDD housing
standards as well as monitor adherence to architectural and design guidelines. This includes
but may not be limited to the following:
• Provide construction oversight and coordination;
• Coordinate all proposed change orders and Requests for Information;
• Maintain flow of information between ACHDD and developers;
• Review and approve as appropriate, regular applications for payment;
• Provide site inspections and oversee contractor /developer performance;
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APD Urban Planning & Manageme LC. Property Management and Property Acquisition Al ent
• Four (4) homes on 11 St were developed with HOME funds [Heritage Pine -P1]
• Three (3) duplexes on Florence St were developed with a combination of NSP funds and
private financing [Heritage Pine -P1]
• Two (2) homes on Pine St, and one (1) on Laney Walker were developed with a
combination of HOME funds and private financing (HOME funds were repaid on this
project) [Heritage Pine -P1]
• One (1) home on Holly St has income eligible homebuyer, as the infrastructure was
completed using HOME funds [Heritage Pine -P1]
• Cul -de -sac to be developed with HOME funds [Holley Street Commons -H1]
Deliverable:
• Maintain internal file system for properly acquisition and construction management that
will comply to HUD and local government audits
TASK EIGHT Coordination of Design Services
Task 8,1 Coordination of Architectural and Design Services
Our firm is fortunate to have building and landscape architects, urban planners, and
construction managers working full -time in our Augusta, GA. office. These professionals all.have
graduate degrees and experience in working on the Laney Walker /Bethlehem project. ..
Because of the historic and cultural significance of the Laney Walker /Bethlehem neighborhoods,
this project will require our knowledge of the skills of design rofessionals with experience
working in older established neighborhoods. While the current selection of design firms are
strong in new infill construction and historic preservation, there' is a need for increased capacity
of selected design .firms to work in mixed use projects, multi- family development, and mixed
use development. APD will work with ACHDD to establish goals for re- evaluating the current
stable of architects and engineers. APD will also work with ACHDD to develop procurement
criteria to expand the current list in order to develop a full team that is able to provide the
required design and construction documents for these redevelopment projects.
Deliverables:
• Develop design metrics /checklists to establish consensus -based goals for project
• Procure additional design and construction firms as deemed necessary
Task 8,2 Administration of Architectural and Design Services
Once the final slate of design consultants is established, APD will help to manage their workload
and provide guidance to the design team. This oversight and focus will insure compliance to
the terms of the contract and implementation of each project program within the established
budget.
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APD Urban Planning & Management , LL. .operty Management and Property Acquisition Agreemei.
• Outreach to neighboring organizations and existing community development
corporations and churches
APD will also work with the Branding and Marketing Consultant and local realtors to develop
structured outreach to schools, universities, and hospitals to increase awareness of the LW /B
redevelopment project.
Deliverables:
• Quarterly meeting summaries and outline of public and stakeholder input process;
written project materials.
Task 1 0,2 Public and Private Partnerships
One of the ways to encourage redevelopment is through encouraging public and private
partnerships with experienced lenders, builders, developers, community stakeholders, and
entities responsible for acquisition and development. APD strongly believes this effort is a
crucial step towards stimulating construction starts in more impactful numbers. APD will
continue to foster these critical partnerships.
Deliverables:
• Broker and prepare Memorandums of Understanding and Partnership Agreements with
clearly defined goals, objectives, roles, responsibilities and evaluation benchmarks
• Conduct and document meetings with proposed partnerships
• Review development proformas
• Assist in application processes for funding alternatives including LIHTC applications
Task 103 Preservation of Cultural Heritage
The APD team understands that the bond funding for the Laney Walker /Bethlehem project is
tied to the development of a tourism component. AHCDD has already begun efforts in the
creation of an African American Heritage Trail within the community. This includes meetings
with a committee of community stakeholders and community leaders and the development of a
draft of a scope of work to be followed. APD will continue this effort by continuing to obtain
feedback from community members and leaders on how the Trail should be shaped.
Deliverables:
• Refinement of scope of work that will serve as a framework for a procured or solicited
company to develop a plan and implementation steps
• Coordination of a group of professionals to develop the content portion of the Trail
• Assistance in selection of a design team to provide a schematic layout and proposed budget
• Oversight of an NEH Planning Grant, should that be awarded (August 2012)
• Written documentation of coordination and management of solicited design team
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APD Urban Planning & Managene LC. Property Management and Property Acquisition Ag snt
• Maintain set of as -built drawings to reflect changes /revisions /modifications;
• Monitor all project schedules; and
• Provide pipeline reporting of aggregate status
Deliverables:
• Regular site visit reports to include photo documentation of construction progress and
project recommendations
• Individual Project Site Visit Status Reports on current projects under construction or in
pre - development stages
,Task 9.3 Procurement of Additional Construction Services
Although builders /developers have been procured, APD is aware that stronger capacity will be
needed to fully and successfully prepared to move forward with the current crop of builders, or
assist AHCDD in identifying additional companies that would be able to execute the work. If it
is determined that more are needed, APD will coordinate with Augusta's Procurement
Department on the selection, vetting, and procurement of these companies.
Deliverables:
• Development of construction solicitation package
• Facilitation of bidding process
• Recommendations based on analysis of bids received
TASK TEN COMMUNITY ENGAGEMENT AND OUTREACH
The APD team's approach to community engagement will build on the previous outreach
conducted in the Laney Walker and Bethlehem redevelopment areas. We have conducted and
participated in over twenty (20) neighborhood meetings during the past three (3) years.
Community stakeholders know who we are, and know of our excellent track record in working
in an open and transparent environment. Working with ACHDD and the current Branding and
Marketing team, APD will continue its concerted efforts to implement a community engagement
strategy that is inclusive of all segments of the population including local residents, businesses,
schools, churches, property owners, neighborhood associations, and elected officials.
Task 10.1 Public Involvement Pia!?
In the elaboration of the Neighborhood Plan, APD, along with the AHCDD, has held numerous
community meetings in order to document the needs of Laney Walker and Bethlehem
communities. APD acknowledges that the AHCDD has made a concerted effort to continue to
communicate with the neighborhoods through quarterly update meetings. We envision
continuing this effort through:
• Presentations and boards for future quarterly meetings
• Meetings and correspondence with community leaders and neighborhood associations
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APD Urban Planning & Management , LLC ;petty Management and Property Acquisition Agreemen,
TASK TWELVE EVALUATION
For any plan to be successful, a clear guideline or roadmap must be established to determine if
in fact, the plan has succeeded. Logic models help stakeholders clearly and visually identify
inputs, activities, outputs, and the resulting outcomes.
Task 12.1 Monitoring, Tracking and Reporting Toms
The APD Team will provide technical assistance or application development /reviews for
adherence to program criteria for a discrete number of items. A monitoring tool will be
developed that would address all areas of compliance, including a pre - monitoring plan at the
project start -up. The monitoring tool will establish the maximum process for accountability,
responsibility and authority of ACHDD to carry out local, Federal and State statutory and
regulatory requirements. APD, along with Melaver- McIntosh and ACHDD, have identified the
following evaluation metrics for the Laney Walker /Bethlehem project:
Deliverables:
• Logic model demonstrating the evaluation plan to be used to document the outcomes
resulting from specific strategies and actions utilized in the redevelopment of Laney
Walker /Bethlehem
• Monitoring, tracking and reporting tool and training for various redevelopment activities.
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APD Urban Planning & Manageint LC. Properly Management and Property Acquisition Ai ent
TASK ELEVEN COORDINATION OF MARKETING TEAM
In conjunction with Melaver /McIntosh and ACHDD, we have already started developing the
branding and marketing of the Laney Walker and Bethlehem redevelopment efforts. During
Phase I, AHCDD procured a reactor (Meybohm) and branding and marketing team (Melaver-
McIntosh) to work on the Laney Walker /Bethlehem project. As a result of these efforts, the
Laney Walker /Bethlehem revitalization projects have received the following awards and
recognitions:
Awards:
• Georgia Planning Association 2011 Outstanding Plan Implementation Award
• Finalist for Southern Living's Heroes of the New South Award
• Georgia County Excellence Award (2012)
Conferences:
• 2011 Georgia Planning Association Spring Conference
• Georgia Initiative for Community Housing, Americus, Georgia, June 2011
• New Partners for Smart Growth Conference, San Diego, February 2012
• American Planning Association National Planning Conference, Los Angeles, April 2012
Press /Articles:
• Harvard University Student Journal of Real Estate, "Municipal Government: The Next
Master Developer ?," Vol I
• Georgia Planning Association Newsletter, June, July and August 2011
• Verge Magazine, "Vision: The Quiet Brilliance Behind the Rebirth of a Neighborhood,"
July 2011
• Augusta Chronicle, "Laney Walker - Bethlehem Revitalization Won't Displace Residents,"
June 30, 2011
• Augusta Chronicle, "New homes rejuvenate older areas," Feb. 12, 2011
• Augusta Chronicle, "First home sold in Laney - Walker revitalization project," March 2,
2011
APD envisions the continuation of this vitally important working relationship with both Meybohm
and Melaver- McIntosh to successfully move the project forward.
Deliverables:
• Conduct coordination meetings to ensure that there is a consistent level of outreach to
the community pertaining to the project
• Review marketing materials, including videos, flyers, and website information
• Actively participate in any branding and marketing efforts to provide continuity between
realtor, marketing, ACHDD and developers
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APD Urban Planning & Management , LLC. rty Management and Property Acquisition Agreement
Project Staffing
Position
Principal 70%
Senior Project Manager 100%
Senior Construction Manager... 100%
Urban Design Manager 100%
Urban Planner /Landscape Architect 100%
Auto CAD Assistant 100%
Property Acquisition Manager 100
GIS Manager ,20%
Project Administrator 10%
APPENDIX 13
COMPENSATION /BUDGET
Consultant requests for payment may be submitted monthly. Weekly reports will be provided
through a written narrative and photos which will adequately describe and document the work
performed. Total payments for the services rendered under this Contract will not exceed
$570,270. The monthly billing will be in the amount of $45,022.50 ($540,270 annual amount).
The Special Commercial Construction Management Advisory Services will be billed on an as
needed basis (at an hourly rate), not to exceed the agreed upon amount of $30,000 dollars.
Compensation for services will be provided in installments, based on actual work performed
along with other reimbursable costs. Payment will be based upon completion of key
components of the project work plan.
Tasks #1 thru #12
Special Commercial Construction Management Advisory Services
Travel /Printing /Reproduction
TOTAL BUDGET
Percent of Time
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$540,270
$ 30,000
$ N/C
$570,270
APD Urban PIanning & Managen. . , LLC. Property Management and Property Acquisition A, .:ement
APPENDIX C
WEEKLY PROGRESS REPORT
(Due on Monday for Prior Week Activities)
FOR WEEK OF:
CONSULTANT: ASSET PROPERTY DISPORITION, INC.
Address:
Contact Person: Phone #:
Project Name:
Project Management Services for Laney - Walker /Bethlehem Revitalization Project
Part I. ACTIVITY STATUS FOR WEEK — Describe Progress Achieved in Accomplishing Project
Goals and Objectives during this report period.
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APD Urban Planning & Management , LLC. qty Management and Property Acquisition Agreement
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