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HomeMy WebLinkAboutASSET PROPERTY DISPOSITION INC PROFESSIONAL SERVICES LANEY WALKER BETHLEHEM NEIGHBORHOODS ACTION PLAN WITNESSETH - . ..........- AGREEMENT BETWEEN AUGUSTA, GEORGIA AND ASSET PROPERTY DISPOSITION, INC. FOR PROFESSIONAL SERVICES FOR LANEY-WALKER AND BETHLEHEM NEIGHBORHOODS ACTION PLAN This Agreement is made and entered into this 17th day of December, 2007, by and between Augusta, Georgia, by and through the Augusta-Richmond County Commission, as the Implementor of the HOME Investment Partnerships Program (hereinafter referred to as "Grantee"), and Asset Property Disposition, Inc. (hereinafter referred to as the "Consultant"). WHEREAS, the U. S. Department of Housing and Urban Development, herein referred to as "HUD" has awarded Augusta, Georgia grant funds under the HOME Investment Partnerships Program (HOME) Grant for purposes of providing affordable housing which shall consist of preparation and implementation of a neighborhood action plan for the neighborhoods known as Laney-Walker and Bethlehem; and WHEREAS, Grantee desires .to engage the Consultant to render certain services related to the administration of the above described HOME project; and WHEREAS, Grantee has complied with state and federal procurement requirements regarding the selection of consultants;. and WHEREAS, Grantee desires to enter into an agreement with the Consultant as hereinafter provided to assure the effective management of the project; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. EMPLOYMENT OF CONSULTANT. Grantee agrees to engage the Consultant, and the Consultant agrees to provide consultant services in order to provide for the administration and management of the HOME project for Augusta, Georgia. 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 the HOME 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 O. Jesse Wiles 4. EFFECTIVE DATE AND TIME OF PERFORMANCE. This Contract takes effect on December 17, 2007. The services to be performed by the Consultant will be completed no later than May 31, 2008. 2 5. 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 One Hundred Forty-Seven Thousand, Seven Hundred Seventy Dollars and no cents ($147,770.00), 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 installments, based on actual work performed based upon the completion of key components of the project deliverables. The Consultant may submit monthly requests for payment, based on actual work performed, which must be accompanied by an itemized invoice describing the services furnished, the number of hours worked to accomplish each item, the amount being billed for each item, a description of any other eligible expenses incurred during the billing period, and the total amount being billed. 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 system, 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 HOME 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. MODIFICATION AND ASSIGNABILITY OF CONTRACT. This Contract contains the entire agreement between the parties, and no statements, promises or inducements made by either party, or agents of either party, which are not contained in the written Contract, are valid or binding. This Contract may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. The Consultant may not subcontract or assign its rights, including the right to compensation, or duties arising hereunder without the prior written consent of the Grantee. Any subcontractor or assignee will be bound by all the terms and conditions of this contract. 10. 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. 3 11. TERMINATION OF CONTRACT. This Contract may be terminated as follows: (a) Termination due to loss of funding. This Contract will terminate, in whole or in part, at the discretion of the Grantee in the event that HUD terminates payments under the HOME Program so as to prevent the Grantee from paying the Consultant with HOME funds. In this event, the Grantee will give the Consultant advance written notice which sets forth the effective date of the termination and explains that the termination is due to a loss or reduction of the HOME Program grant. (b) 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. I 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 relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this 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. 12. DOCUMENTS INCORPORATED BY REFERENCE. The Consultant's Request for Qualifications for preparation of a neighborhood action plan for Laney-Walker and Bethlehem, dated October 17, 2007, and all applicable federal and state statutes and regulations incorporated into this Contract by this reference and are binding upon the Consultant. 13. CIVIL RIGHTS ACT OF 1964 r42 U.S.C. 2000dl. The Consultant will abide by the provisions of the Civil Rights Act of 1964 which states that under Title VI, no person may, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 14. 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 HOME 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); 4 b) prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 [42 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 A~t qt.. 1973 [42 U.S.C. 794]; and d) Executive Order 11246 as amended regarding Equal Employment Opportunities. 15. SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968 f12 U.S.C. 1701u1. The Consultant will ensure that, to the greatest extent feasible, opportunities for training and employment arising in connection with this HOME-assisted project will be extended to lower income project area residents. Further, Consultant will, to the greatest extent feasible, utilize business concerns located in or substantially owned by residents of the project area, in the awarding of contracts and purchasing of services and supplies. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES fExecutive orders 11625, 12432. 12138 and 112461. The Consultant will take affirmative steps to assure that minority and women-owned businesses are used when possible as sources of supplies, equipment, construction and services. Additionally, the Consultant must document all affirmative steps taken to solicit the participation of minority and women-owned businesses and will forward this documentation (along with the names of the minority subcontractors and suppliers) to the Grantee. 17. 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. 18. LOBBYING PROVISIONS. The Consultant certifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or 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. 19. 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. 5 20. 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 monthly progress reports in accordance with the outline indicated in Appendix C. Progress reports shall be submitted by the 15th day of each month for prior month activities. 21. 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. 22. INDEMINIFICA TION. 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, except for liability arising out of concurrent or sole negligence of the Grantee or its officers, agents or employees. 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, agents or employees. 23. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this Contract, the prevailing part is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit. AUGUSTA, GEORGIA (Grantee) IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first written above. ATTEST: SEAL ~ 'riJ ,. ii; \~-~,. -, -. GfT;:.~':~.-.,:: (,-;-' , ;;, \;. :~'":<. c,' ~':~.\~:. ATTEST: SEAL By: Davi S. Copenhaver s its Mayor w Cjj( /r 1'/ . .' ,/./ // Frederick L. Russell City Administrator ~#~ Chester A. Wheeler, III Director AHCDD BY: ASSET PROPERTY DISPOSITION, INC. (consult:; . Jesse Wiles As its President 6 . . 1. Project Definition An<t Management 1.1 Meeting with Project Management Team · Report outlining the refined project scope and work plan · Stakeholders profile · A refined community participation process · A contact list to be distributed to Client Team & consulting Team to aid in project efficienc and coordination Presentation & Meeting Summa Complete Project Refinements Dec 2007 APPENDIX A SCOPE OF SERVICES The Consultant will be responsible for preparation of a detailed neighborhood implementation action plan for the neighborhoods of Laney-Walker and Bethlehe'm. This Implementation Action Plan will be utilized by the Grantee for revitalization and future development in the designated neighborhoods. A. PROJECT BOUNDARIES 1. Contiguous parts of the neighborhoods of Laney-Walker and Bethlehem with the boundaries as outlined below; and 2. Commercial corridor of Walton Way from 7th/Twiggs Street to 12th Street SOUTH: WEST: EAST: NORTH: Anderson/Davidson/Parks Streets Mill/Phillips Streets Twiggs Street Dugas Street B. TASKS, DELlVERABLES AND TIMETABLE TASKS DELlVERABLES TIME- TABLE 2. Data.Collectipn, Con<tition.ll1ventory & General 2.1 Data Collection/Base Map Preparation Complete existing housing conditions inventory 01/31/08 - Prepare map series and data specifically prepared for the project area for use throughout the project. To include Housing Existin Conditions Invento 2.2 Demographic Profile - Data & analysis report for project area to include population, race, age, median household income, employment, homeownership, transportation trends, occu ied housing ains & losses. 2.3 Land Use, Traffic Analysis/Growth Patterns - Review land uses specifically to the Laney- Walker/Bethlehem tar eted area. 7 TASKS 2.4 Project Kick-off Public Meeting - Facilitate public meeting for the purpose of introducing the refined scope of work, announce opportunities for structured public involvement, confinn what have been learned about the community and confinn how the Consultant's work will evolve into an Implementation Plan. Will include workshops designed to confinn resident's references. 3. Development Scemuios 3.1 Workshop with the Project Management Team · - Conduct workshop with Project Management Team to solicit ideas regarding the future development of the targeted area. Also, conduct workshop exercises that will enable the residents to review conclusions · and recommendations they helped generate as part of the ARC Target Area Master Plan and the l.aney Walker Housing Market Analysis. 3.2 Development Scenarios - Prepare development scenarios to include Traffic/pedestrian/bicycle circulation and connectivity, public transit, land use, focal point for redevelopment, focal points for revitalization and conservation and focal points to expand on the City's historic resources. 3.3 Project Development Area Planning - Identify potential project development areas consistin of 1-5 blocks 3.4 Construction Drawings - Pre are 1 set of construction drawin s 4. R~gulatol"Y framewor~ 4.1 Regulatory Environment Outline finding and recommendations of zoning and land use regulations to support the development of the overall ro'ect area. 5. ProjectSites 5.1 Pro'ect Sites 5.2 Prioritizing Pro'ect Sites 5.3 Prepare Predevelopment project Roles & Res onsibilities Checklist DELlVERABLES Summary of Meeting 3 to 5 Development Site Plans TIME- TABLE Dec 2007- Jan 2008 Jan-Feb Complete 5 Schematic house designs & 1 01/31/08 set of construction drawings for 2 selected designs 6. ConceptiJalProjecf Site Design 6.1 Streetscape Design · Render up to 4 Streetscapes - Design conceptual theme for project sites 6.2 Architectural Design for New Construction & Vacant Structure Rehabilitation · Complete all schematic house designs - Provide 12 architecturally compatible designs for new single-family homeownership and rental new construction and vacant structure rehabilitation. 8 Dec 2007 - Feb 2008 Draft recommendations for Prioritizing Project 03/30/08 Sites Mar- April 2008 Jan-Apr 2008 - Tf~ TASKS DELlVERABLES TABLE .. " . - - 7. Financing Acquisition and Strategy 7.1 Researching and Creating Financing Options April - - Assist in researching, identifying and applying for May funding sources 2008 7.2 Recommendation for location of Senior Citizen Development Present to Housing & Community Development 01/15108 8. Predevelopment Process. .' , 8.1 Predevelopment Process Matrix April- - Prepare outline of action steps for Neighborhood Present to Housing & Community Development May Revitalization 2008 9. Project Book 9.1 Project Book Complete Project Book 05/30/08 - Produce an illustrative final report to document the Project Book to include: Implementation Plan process which can be used by . Development Infonnation City officials for the Lane-Walker/Bethlehem . Building Designs & overall Design neighborhood and other neighborhood future Guidelines development projects. . Site Planning for Project Development Areas . Streetscape/Landscape Design . Market Analysis considerations . Community Resources & Capacity Building . Outline of a Request for Proposals to solicit builders and/or developers to implement project. 9 APPENDIX B COMPENSA TION/BUDGET Consultant requests for payment may be submitted monthly and must be accompanied by a written narrative report which adequately describes and documents the work performed during the period relative to the implementation schedule. Total payment for the services rendered under this Contract will not exceed $147,770.00. Compensation for project services will be provided in installments, based on actual work performed along with other reimbursable costs such as printing and travel. Payment will be based upon completion of key components of the project work plan as follows: Task #1: Task #2: Task #3: Task #4: Task #5 Task #6 Task #7 Task #8 Task #9 Project Definition and Management Data collection, Conditions Inventory Development Scenarios Regulatory Framework Project Sites Conceptual Project Site Design Financing Acquisition Strategy Predevelopment Process Project Book Printing/Reproduction Travel $ 10,630 $ 24,460 $ 29,380 $ 4,600 $ 10,400 $ 26,300 $ 9,860 $ 6,320 $ 15,820 $ 3,500 $ 6,500 TOTAL BUDGET $ 147,770 10 .. APPENDIX C MONTHLY PROGRESS REPORT CONSULTANT Address Contact Person Phone # Project Name Project # PART I. ACTIVITY STATUS FOR MONTH Progress Achieved in Accomplishing Project Goals and Objectives DECEMBER 2007: JANUARY 2008: FEBRUARY 2008 MARCH 2008 APRIL 2008 MAY 2008 11