HomeMy WebLinkAboutDLJ CONSULTING FOR HISTORIC RENOVATION PROFESSIONAL SERVICES SPECIAL SERVICES CONTRACT $6,000DLJ Consulting
Historic Renovation Professional Services
CONTRACT
Between
AUGUSTA, GEORGIA
And
DLJ Consulting
In the amount of
$ 6,000
Funded through
The Laney-Walker/Bethlehem Neighborhood Redevelopment Program
For Historic Renovation Professional Services
Special Services Contract
THIS AGREEMENT ( "Contract "), is made and entered into as of the 1st day of June,
2010, ( "the effective date ") by and between Augusta, Georgia, acting through the Housing
and Community Development Department (hereinafter referred to as "AHCDD ") - with
principal offices at 925 Laney Walker Blvd, Augusta, Georgia, 30901, as party of the first
part, hereinafter called "AUGUSTA ", and DLJ Consulting, a sole proprietorship,
thereinafter called "DLJ CONSULTING" as party in the second part.
AUGUSTA/AHCDD is embarking on a project with city funding called the Laney -
Walker /Bethlehem Neighborhood Revitalization Project. An integral part of this project is to
restore and renovate historical properties.
The party's names above agree that DLJ Consulting shall provide Historic Preservation
Professional Services to AUGUSTA through AHCDD through this Special Services Contract
under the following terms and conditions:
SECTION 1. PROJECT SCOPE OF WORK
DLJ consulting will provide AUGUSTA/AHCDD with a recommendation on how to
sensitively renovate the historic Penny Savings Bank building for use as city offices.
SECTION 2. PROJECT DESCRIPTION
The scope of this contract will encompass the following tasks:
1. Meet with Chester Wheeler and other city staff, as appropriate, to learn more about the city's
objectives in renovating, and occupying the Penny Savings Bank Building.
2. Meet with Jesse Wiles and the proposed architect for the renovation of the bank building to
review and discuss the overall development concept.
3. Tour the bank building and document the architectural details of the interior and exterior of
the building.
4. Document the architectural context of the neighborhood surrounding the bank building.
Page 1 of 9
DLJ Consulting
Historic Renovation Professional Services
5. Meet with the architect to discuss conceptual design alternatives.
6. Make recommendations to Jesse Wiles and Chester Wheeler on the historic preservation
potential of the building, including whether or not the building may be eligible for listing on
the National Register of Historic Places.
7. Recommendations will include preservation of the buildings architectural integrity within the
context of the proposed adaptive re -use.
8. Recommendations will include any applicable historic preservation financial incentives.
9. Provide the City of Augusta with a written report on the historic preservation
recommendations.
10. Consult with the project architect on design development through the schematic design phase
SECTION 3. APPROACH
Denise Johnson of DLJ Consulting will perform the work for this effort. The proposed scope of work
includes a two -day visit to Augusta, GA, where Ms. Johnson will visit the site and meet with key
project stakeholders. Ms. Johnson will produce a written trip report highlighting the initial analysis
and high -level recommendations made during the two -day visit. This Report will be delivered within
10 days of two -day visit to Augusta. Within 30 days of the two -day site visit, Ms. Johnson will
produce the second deliverable which will include the final recommendation on the historic
preservation of the Penny Savings Bank.
SECTION 4. DETAILED TASK LIST
The following is a detailed task list and definition of two deliverables for this project:
Task 1: Two -day Onsite Visit to Augusta, GA
1. Meet with Chester Wheeler and other city staff, as appropriate, to learn more about the city's
objectives in renovating, and occupying the Penny Savings Bank Building.
2. Meet with Jesse Wiles and the proposed architect for the renovation of the bank building to
review and discuss the overall development concept.
3. Tour the bank building and document the architectural details of the interior and exterior of
the building.
4. Document the architectural context of the neighborhood surrounding the bank building.
5. Meet with the architect to discuss conceptual design alternatives.
6. Document meeting with in Trip Report.
Task 1 Deliverable: Trip Report with Initial Analysis
1. The trip report will document the high -level results of the two day visit. This report will
capture an initial SWOT (strengths, weaknesses, opportunities, threats) for the renovation of
the Penny Savings Bank. In addition, the report will capture any initial architectural ideas
about the renovation of the building, including questions and concerns. An initial
recommendation will be made as to the feasibility of the renovation of this building in relation
to the information presented to DLJ Consulting during their two -day visit. This Deliverable
is due within ten days of the completion of the two -day on -site visit.
DLJ Consulting may submit with the Deliverable for Task 1 an invoice for $2,500 for project
professional services to produce the Deliverable and the actual travel expenses for the two -day
trip. All actual travels expenses will be reimbursed according to GSA standards for the city of
Augusta. AUGUSTA/AHCDD will not reimburse for costs exceeding GSA per -diem
standards or costs not allowed under GSA rules.
Page 2 of 9
DLJ Consulting
Historic Renovation Professional Services
AUGUSTA/AHCDD will approve /request changes /disapprove deliverable within 10 days of
receipt of deliverable. Once deliverable is approved as is or with changes, Task 1 invoice will
be paid within 45 days of deliverable approval date
Task 2: Penny Savings Bank Renovations Analysis and Recommendation
1. Make recommendations to AUGUSTA/AHCDD on the historic preservation potential of the
building, including whether or not the building may be eligible for listing on the National
Register of Historic Places.
2. Recommendations will include preservation of the buildings architectural integrity within the
context of the proposed adaptive re -use.
3. Recommendations will include any applicable historic preservation financial incentives.
4. Provide AUGUSTA/AHCDD with a written report on the historic preservation
recommendations within 30 business days of two -day onsite visit.
Task 2: Deliverable: Penny Savings Bank Historical Preservation
Recommendation
The Historical Preservation Recommendation Deliverable will contain the following:
1. Recommendations on the historic preservation potential of the building, including whether or
not the building may be eligible for listing on the National Register of Historic Places.
2. Define the preservation of the buildings architectural integrity within the context of the
proposed adaptive re -use.
3. Define applicable historic preservation financial incentives.
4. Provide AUGUSTA/AHCDD with this Deliverable within 30 days of the days of two -day
onsite visit.
5. AUGUSTA/AHCDD will approve /request changes /disapprove deliverable within 10 days of
receipt of deliverable. Once deliverable is approved as is or with changes, Task 2 invoice will
be paid within 45 days of deliverable approval date.
DLJ Consulting may submit with the Deliverable for Task 2 the final invoice for $2,500 for project
professional services to produce the Deliverable. All travels expenses will be reimbursed according
to GSA standards for the city of Augusta. AUGUSTA/AHCDD will not reimburse for costs
exceeding GSA per -diem standards or costs not allowed under GSA rules
SECTION 5. DETAILED BUDGET FOR PROJECT
Total Budget for this Contract is not to exceed $6,000 and is proposed as follows:
Professional Services: $5,000
Travel Expenses: Actual costs not to exceed $1,000 **
** All travels expenses will be reimbursed on an actual basis according to GSA standards for the city
of Augusta. AUGUSTA/AHCDD will not reimburse for costs exceeding GSA per -diem standards or
costs not allowed under GSA rules. Estimated travel expenses must be approved by
AUGUSTA/AHCDD via email prior to travel occurring.
Page 3 of 9
DLJ Consulting
Historic Renovation Professional Services
SECTION 6. CONTRACT TERMINATION
Termination of this contract may be made by either party upon five (5) days written notice of the
other. All correspondence should be made in writing and sent via direct mail to
AUGUSTA/AHCDD, 925 Laney Walker Blvd., Suite 200, Augusta, GA 30901.
SECTION 7. CONTRACT GUIDANCE
This contract, together with all exhibits referenced herein, constitutes the entire contract between
AUGUSTA/AHCDD and DLJ Consulting and supersedes all other proposal, oral, or written between
the parties on this subject. This contract may be modified only in writing and with the mutual consent
of the parties hereto. This contract shall be construed and regulated by the laws of the State of
Georgia.
In all cases, the parties agree to use all reasonable effort to carry out the letter and spirit of this
Contract and to use good faith and commercial reasonableness in their dealing with one another.
All claims, disputes and other matters in question between AUGUSTA/AHCDD and DLJ Consulting
arising out or relating to this contract, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. DLJ Consulting by executing this contract, specifically consents to
venue in Richmond County and waive any right to contest the venue in the Superior court of
Richmond County, Georgia.
The parties agree that they are not joint ventures or partners for any purposes, but that DLJ
Consulting acts as an independent contractor of AUGUSTA/AHCDD. AUGUSTA/AHCDD
acknowledges and agrees that it cannot and shall not control the time, method, and/or manner of
performance under this contract.
SECTION 8. BUDGET AND METHOD OF PAYMENT
AUGUSTA/AHCDD agrees to pay DLJ Consulting a maximum of $6,000 under this agreement for
professional services and project expenses incurred as outlined in Section 5 and in compliance with all
terms and conditions of this agreement and the procedures for documenting expenses and activities as
set forth in Section 4 and 9.
AUGUSTA/AHCDD will monitor the progress of the project and performance on a daily basis with
regards to the production of housing units and the overall effectiveness of project. If no deliverables
as stated in Section 4 are produced, AUGUSTA/AHCDD will reserve the right to withhold payment
of invoices until receipt of such deliverables are made to AUGUSTA/AHCDD and accepted.
AUGUSTA/AHCDD will reimburse up to $1,000 in actual travel expenses. All travels expenses will
be reimbursed on an actual basis according to GSA standards for the City of Augusta.
AUGUSTA/AHCDD will not reimburse for costs exceeding 2010 GSA per -diem standards or costs
not allowed under GSA rules. Please reference GSA website for current 2010 per -diem costs. All
expenses must be estimated and approved by AUGUSTA/AHCDD prior to occurring.
Payment of invoices will be made within 45 days of the associated deliverable acceptance date.
Invoice payment details are stated in Section 4.
Page 4 of 9
DLJ Consulting
Historic Renovation Professional Services
SECTION 9. RECORD KEEPING, REPORTING AND MONITORING
REQUIREMENTS
A. DLJ Consulting will keep accurate records of all expenses and provide additional financial
information to AUGUSTA/AHCDD about any invoices within 10 business days of request.
B. DLJ Consulting shall prepare and submit two deliverables; the first will be a Detailed Trip
Report that is due within 10 days after the two day visit; the second will be the Final
Recommendation Report that will be delivered 30 days after two -day visit. These deliverables
are defined in Section 4.
C. DLJ Consulting shall maintain books and records in accordance with generally accepted
accounting principles. Documents shall be maintained in accordance with practices that
sufficiently and properly reflect all expenditure of funds provided by AUGUSTA/AHCDD
under this Agreement.
D. DLJ Consulting shall make all records for this project available to AUGUSTA/AHCDD or
their duly authorized representatives for the purpose of making audits, examinations, excerpts
and transcriptions.
E. In compliance with OMB Circular A -110 regarding retention and custodial requirements for
records, DLJ Consulting shall maintain financial records, supporting documents, statistical
records, and all other records pertinent to this Agreement for a period of three years, with the
following qualifications:
F. If any litigation, claim or audit is started before the expiration of the 3 -year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been
resolved.
G. Records for non - expendable personal property acquired with NSP grant funds shall be
retained for three years after its final disposition. Non - expendable personal property means
tangible personal property having a useful life of more than one year and an acquisition cost of
$300 or more per unit.
H. Open Records Disclosure DLJ Consulting records related to this Agreement and the services
to be provided under the grant may be a public record subject to Georgia's Open Records Act
(O.C.G.A. § 50- 18 -70). DLJ Consulting agrees to comply with the Open Records Act should
a request be submitted to it.
SECTION 10. ADMINISTRATIVE REQUIREMENTS
A. Conflict oflnterest
This conflict of interest applies to any person who is an employee, agent, consultant, officer,
or elected official or appointed official of DLJ Consulting. No person described above who
exercises, may exercise or has exercised any functions or responsibilities with respect to the
project activities supported under this contract; or who are in a position to participate in a
decision - making process or gain inside information with regard to such activities, may obtain
any financial interest or benefit from the activities, or have a financial interest in any contract,
sub - contract, or agreement with respect to the contract activities, either for themselves or those
with whom they have business or family ties, during their tenure or for one year thereafter.
Page 5 of 9
DLJ Consulting
Historic Renovation Professional Services
For the purpose of this provision, "family ties ", as defined in the above cited volume and
provisions of the Code of Federal Regulations, include those related as Spouse, Father,
Mother, Father -in -law, Mother -in -law, Step - parent, Children, Step - children, Brother, Sister,
Brother -in -law, Sister -in -law, Grandparent, Grandchildren of the individual holding any
interest in the subject matter of this Agreement. DLJ Consulting in the persons of Directors,
Officers, Employees, Staff, Volunteers and Associates such as Contractors, Sub - contractors
and Consultants shall sign and submit a Conflict of Interest Affidavit. (Affidavit form attached
as part in parcel to this Agreement)
B. Augusta may, from time to time, request changes to the scope of this agreement and
obligations to be performed hereunder by DLJ Consulting. In such instances, DLJ
Consulting shall consult with AUGUSTA/AHCDD on any changes that will result in
substantive changes to this Agreement. All such changes shall be made via written
amendments to this Agreement and shall be approved by the governing bodies of both
AUGUSTA/AHCDD and DLJ Consulting.
SECTION 11. OTHER REQUIREMENTS
A. Publicitv
a. Any publicity generated by DLJ Consulting for the project funded pursuant to this
Agreement, during the term of this Agreement or for one year thereafter, will make
reference to the contribution of Augusta - Richmond County in making the project
possible. The words "Augusta- Richmond County Department of Housing and
Community Development" will be explicitly stated in any and all pieces of publicity;
including but not limited to flyers, press releases, posters, brochures, public service
announcements, interviews, and newspaper articles.
B. Assiwiment of Contract
a. DLJ Consulting shall not assign any interest in this contract or transfer any interest in
the contract.
C. Travel
a. DLJ Consulting shall obtain prior written approval from AUGUSTA/AHCDD for
any travel cost that will be reimbursed with project funds. All Federal Travel
Regulations are applicable and GSA Rates must be followed in order to be
reimbursed. All travel costs are part of the overall contract budget in Section 5.
Estimated travel costs should be emailed to dwickes ,augu_ staga.gov for approval.
SECTION 12. SUSPENSION AND TERMINATION
A. In the event DLJ Consulting materially fails to comply with any terms of this agreement,
including the timely completion of activities as described in the timetable and /or contained in
Scope of Services, or the provisions of this Contract, AUGUSTA/AHCDD may withhold
cash payments until DLJ Consulting cures any breach of the agreement. If DLJ Consulting
fails to cure the breach, AUGUSTA/AHCDD may suspend or terminate the current contract
upon giving five (5) days notice.
Page 6 of 9
DLJ Consulting
Historic Renovation Professional Services
B. Notwithstanding the above, DLJ Consulting shall not be relieved of its liability to
AUGUSTA/AHCDD for damages sustained as a result of any breach of this agreement. In
addition, to any other remedies it may have at law or equity, AUGUSTA/AHCDD may
withhold any payments to DLJ Consulting for the purposes of set off until such time as the
exact amount of damages is determined.
C. In the best interest of the program and to better serve the people in the target areas and fulfill
the purposes of the Act, either party may terminate this Agreement upon giving five (5) days
notice in writing of its intent to terminate, stating its reasons for doing so. In the event
AUGUSTA/AHCDD terminates the Agreement, AUGUSTA/AHCDD shall pay DLJ
Consulting for documented committed eligible costs incurred prior to the date of notice of
termination.
D. Notwithstanding any termination or suspension of this Agreement, DLJ Consulting shall not
be relieved of any duties or obligations imposed on it within this agreement with respect to
funds previously disbursed or income derived there from.
SECTION 12. NOTICES
Whenever either party desires to give notice unto the other, such notice must be in writing, sent by
certified United States mail, return receipt requested, addressed to the party for whom it is intended, at
the place last specified, and the place for giving of notice shall remain such until it shall have been
changed by written notice.
AUGUSTA/AHCDD will receive all notice at the address indicated below:
Augusta Housing and Community Department
925 Laney Walker Blvd., 2 nd Floor
Augusta, Georgia 30901
DLJ Consulting will receive all notices at the address indicated below:
DLJ Consulting
Attn. Denise L. Johnson
1438 S Street, N.W.
Washington, DC 20009
SECTION 13. INDEMNIFICATION
DLJ Consulting will at all times hereafter indemnify and hold harmless AUGUSTA/AHCDD, its
officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any
kind, including court costs, attorney fees and expenses, accruing or resulting from any or all suits or
damages of any kind resulting from injuries or damages sustained by any person or persons,
corporation or property, by virtue of the performance of this Agreement. By execution of this
Agreement, DLJ Consulting specifically consents to jurisdiction and venue in the Superior Court of
Richmond County, Georgia and waives any right to contest jurisdiction or venue in said Court.
Page 7 of 9
DLJ Consulting
Historic Renovation Professional Services
SECTION 14. INSURANCE AND BONDING
DLJ Consulting 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 DLJ
Consulting, its agents, representatives, employees, or sub - consultants
SECTION 15. PRIOR AND FUTURE AGREEMENTS
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements or understandings applicable to the matters contained herein and the parties agree that
there are no commitments, agreements, or understandings concerning the subject matter of this
agreement that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements whether oral or
written. AUGUSTA/AHCDD is not obligated to provide funding of any kind to DLJ Consulting
beyond the term of this Agreement.
SECTION 16. COUNTERPARTS
This agreement is executed in three (3) counterparts — each of which shall be deemed an original and
together shall constitute one and the same Agreement with one counterpart being delivered to each
party hereto.
IM WITNESS WHEREOF, the parties have set their hands and seals as of the date first written
above:
ATTEST: AUGUSTA, GEORGIA
(AUGUSTA/AHCDD)
SEAL By
1414 David S. Copenhaver
f' /l As Its Mayor
Lena onner
Clerk of Commission
ATTEST: DLJ Consulting
(DLJ Consulting)
L. Johnson,
C
Frederick L. Russell
City Administrator
Page 8 of 9
DLJ Consulting
Historic Renovation Professional Services
Chester A. Wheeler, III, Director
Augusta Housing & Community
Development Department
General Counsel
Andrew G. MacKenzie
Page 9 of 9
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.