HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT BETWEEN AUGUST GA AND APD URBAN PLANNING & MANAGEMENT LLC FOR PROPERTY MANAGEMENT AND PROPERTY AQUISTION SERVICES APD Urban Planning & Management , LLC. Properiy Management and Property Acquisirion Agreement
PROFESSIONAL SERVICES AGREEMENT BETWEEN
AUGUSTA, GEORGIA
AND
APD URBAN PLANNING & MANAGEMENT, LLC
FOR PROPERTY MANAGEMENT AND PROPERTY ACQUIISITION
SERVI� ES
�
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
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 5�o and HOME Investment Partnerships Program regulations at 24
CFR 92
NOW, THEREFORE, the parties hereto do mutually agree as follows
i. 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 O. Jesse Wiles.
4. EFFECTNE DATE AND TIME OF PERFORMANCE. This Contract takes effect on
January , 2oi2, 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 3o days notice to Consultant. Consultant may
discontinue contract with 6o-day notice to Grantee.
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APD Urban Planning & Management , LLC. Property Management and Property Acquisition Ageement
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.
i3. 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.
i4. BREACH OF CONTR.ACT. 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
i5. 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.
i6. 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.
i�. 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 & Management , LLC. Properiy Management and Pmperty Acquisition Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the date first written above.
ATTEST: AUGUSTA, GEORGIA
(Grantee)
�
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� �� S ��4r0., e � �� . .
� �- �� � "m p � � 1�,� David S. openhaver
� �, r,� � _ . � � fi���
�' e :�, j As its Mayor
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�
rederick L. Russell
City Administrator
Chester A. Wheeler, III, Director
Augusta Housing & Community Development Dept.
APD Urban Planning & Management, LLC
(Consultant)
� ��,
� r
O. Jesse Wiles
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APD Urban Planning & Management , LL.C. Property Management and Property Acquisition Agreement
APPENDIX A
SCOPE OF SERVICES
T��� �I�E ��velt���ent Te��t ��na��rr��n�
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 ineetings,
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 ne� steps
• Budget report indicating budgets, expenses and variance
• Record of design team meetings and decisions
T��� f� �raj�et a�ag�����
�'��k� �..� E3�ec� ��r�° ���i� , �a�a �"�tf��r%��� �a�lr�t Am��l����
�������t�ti��
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 Pluming & Management , LI.C. Property Management and Property Acquisition Agreement
• 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
�`asl� � � P�€r�ect �crd�et �e�eBcap�er�t
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.
Deliverab/es:
� Project budgets
• Financial analysis, including scheduled recoup of investment via property taxes, etc.
• Cash Flow Anafysis
�a�s� � � �'?�v�����tt�tt�` e����m,����t f���e��'��rg ,�`,�.��`�r�t
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 monthfy updates on a dedicated project website
• Commissioners (updated reports can provided periodically)
• Department Staff (updated reports can provided at weekfy 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. Properiy Management and Property Acquisition Ageement
�`aslr .� Z Pr����7r,�,cr�uisi�6om A6te��at��ee�
APD uses a proven property acquisition process that ensures adherence to ail applicable
uniform relocation standards and guidelines.
Based on the development phase, APD has identified two properly 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.
�"a�� .3:.3 ��'.� 1►�a�r�a6�g of �r��er�t Ai�uisi�iaa� ��
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 properly 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
�`�.��C .� � ,�e����er�� tc� �r���e��,� ,�e�e���ti�� �� a�ef ���8 �r��+e�
��e��ris�����
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 , LI.C. Property Management and Property Acquisition Agreement
De/iverables:
• 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.
'���1C �I� F�raj�e$ F�c�i��a�i�n ���� �3�v�����r�
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.
Ta��C �:� �fe�t �rit�i P�a���tf�i���e}� �a/k���,/����if�ir�� �e��f�pe�s
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
develapment. 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 indude areas identified in the neighborhood plan as key deveiopment zones. The
common characteristic in each of these zones is the need to establish development guidelines
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APD Urban Planning & Management , LI,C. Property Management and Property Acquisition Agreement
• 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
�`���C �I���' �ca�rdi�a�t��n ��' �3��ig� S�r~�i�e�
�°�,�,k � �' ��ar��e�eat�ca� ��Ae�f���e��e�af a�� ���i�r� ,�'e d�e�
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 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.
De/iverables,•
• Develop design metrics/checklists to establish consensus-based goals for project
• Procure additional design and construction firms as deemed necessary
�`��,� � .� ��`r�i�e.�� �a�`A�~�,�i��r�:�a� �r�� �e���� .���ic��
Once the final slate of design consultants is estabfished, 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 , LLC. Property Management and Property Acquisition Agreement
• 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
�`a�s� � .� ��°t����e�ar�rrt ca�Ad`��t�o�aa�` ����r�r�i�a� ��r
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.
Deliverab/es:
• Development of construction solicitation package
• Facilitation of bidding process
• Recommendations based on anafysis of bids received
�°�� �'°� �C}C+��I.��I E���4��C��[��° ��� �'3E��'��A�Ei
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.
�`�s�s .�1� ,� �a��ti�.£���1��,���t �/a;�
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 Beth(ehem
communities. APD acknowledges that the AHCDD has made a concerted effort to continue to
communicate with the neighborhoods through quacterly 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. Property Management and Pmperry Acquisirion Agreement
T�1�� ELE��N ����2�3I�{t��'��6N t)F ��t�t1�ET�(V� T'�1�1�1
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 lnitiative 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/Artic%s:
� 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,"
]une 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.
Deliverab/es:
• 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 Platming & Management , LI.C. Property Management and Pmperty Acquisition Agreement
APPENDIX 6
COMPENSATION/BUDGET _
Consultant requests for payment may be submitted monthly. Weekiy 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 $540,270
Special Commercial Construction Management Advisory Services $ 30,000 -
Travel/Printing/Reproduction $ N/G -
TOTAL BUDGET $570,270
Project Staf�ng . - -
, - ,�.. .-�-. �, : ,
Position Percent of Time
Principal , - • 70%
Senior Pro�ect Nfanager 100°Io � �
Senior Construction Manager 100%
Urban Design Manager 100%
Urban Planner/Landscape Architect 100%
Auto CAD Assistant 1D0%
Property Acquisition Manager 100%
GIS Manager 20%
Project Administrator 10%
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