The URL can be used to link to this page

Home My WebLink AboutPROFESSIONAL SERVICES AGREEMENT BETWEEN AUGUSTA GA AND APD URBAN PLANNING & MANAGEMENT LLC FOR PROPERTY MANAGEMENTAND PROPERTY ACQUISATION SERVICES APD il�b,an Planning & Management , LL.C. Property Mananement and Property Acquisition Agreement � � PROFESSIONAL SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA �C AND APD URBAN PI.ANNING & MANAGEMENT, LLC �� '' FOR PROPERTY MANAGEMENT AND PROPERTY ACQUIISITION __�' SERVICES This Agreement is made and entered into this �'�=�day of January, 2oi2, 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 "ConsuItant"). WITNESSETH WHEREAS, the Grantee is undertaking certain activities related to fhe 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-Waiker and Bethlehem neighborhoods; and WHEREAS, the Grantee wiIl utilize non-federal and federal Community Development Block Grant and . HOME Investment Partnership fiznds for this initiative; and WHERE.gS, the Grantee requires Consultant to comply with the Community Development Block Grant Program regulations at 24 CFR Part 57o and HOME Investment Partnerships Program regulations at 24 CFR g2. 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 in��olves acting as the Grantee's representative and worldng with Grantee's staff, contractors, developers, funding sources and neighborhood-based organizations as part of managing the redevelopment of Laney- Wa�ker and Bethlehem neighborhoods. 2: SCOPE OF SERVICES. The Consultant.will provide the services ("Services" set forth in Appendix A, attached hereto and incarporated 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, TII, 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 , 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 not�ce to Consultant. Consultant may discontinue contract with 6o-dav notice to Grantee. Page 1 of 23 1.�..1 (�I�..)�i}J� .,; { APD i�irban Planning & Management , LLC. Property Management and Property Acquisition A�eement ;�_ � _ _ 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. ig. INSURANCE. Consuitant 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 Consnitant, its agents, representatives, employees, or sub-consultants. i4. 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 tl�e affected party may pursue all legal remedies available for breach of contract. i5. TERMINAT'ION 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 a11 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 e�:penses, 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. Page 3 of 23 .,, r APL Urban Planning & Management , LLC. Property Management and Property Acquisition Agreement � IN WI'INESS WHEREOF, the parties hereto have executed this Contract as of the date first written above. ATTEST: AUGUSTA, GEORGIA (Grantee) ��.�� .r`J� SEAL BY� � �� ,�c David S. Copenhaver - �w�,��il��r� �� As its Mayor �� '�� '• �e�� 1�� V'.. . . . . Y .:: � 1 � `5 :S �� . . _ � ' �, � �. �' P.+r .` Y �.�... '�✓ � � � .. � Clex`� �� ommission � � � � � "c, � � V'E. - . � , , _ . . . . . - � �' ... � � . .. �. . . � t Frederick L. Russell ' City Administrator Chester A. Wheeler, III, Director Augusta Housing & Community Development Dept. ' APD Urban Planning & Management. LLC (Consultant) V � e� O. Jesse Wiles Page 6 of 23 APD Urban Planning & Mana�ement , LL.C. Property Management and Property Acquisition Agreement ' �� K. , . . ... . . . . . . . . . . .. -0ur 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. 7'as�C 2.2 �evef�p�rre�n� Pro,�e� Pfan�a6�,� 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 buifding discussion and dialogue, establish dear channels of communication Deliverable: Creation and updating of individual project development plans of action 7"�s� 2.3 �'r�,�ect �fi�e��B� �3��s�lc�p►��a�� 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 compfetion dates and an understanding of impediments that are likely to occur. APD wil( 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 assumptians • Compfetion at the following nodes is dependent on successful negotiations with the respective developers at East Mill Village (W2), Twiggs Circle (W1&Ti-T4), Foundry Place (W4), and The Boulevard OBI&LW1). • The Dollar General (DG) project is dependent on a favorable u.nderwriting 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-famiiy houses in Heritage Pine (P1) are dependent on pre- selling standing inventory. Page 8 of 23 APD, Urban Planning & Managemenz , LLC. Property Management and Property Acquisition Agreement , �. ,: • 1'�,5� �'H�� rope� �►�qt�isi�E�� f�s�s 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 c%sed on over $2 mi//ion of pr•operty 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 properly acquisition decision- making process • Map key deveiopment parcels �"�s� 3;i �'�'e�tif�a��cr�r �a�tC�,� �'e�`�v��6c��nt F�a�e�� 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 avai{able 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 relatianships with potential sellers that often guaranteed a smooth seffing process. They were able to gather information in such a manner that assured confidentiality and extreme professionafism. Weekfy Property Acquisition services incfude 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, onfine research and attending Town Hall meetings to stay abreast of community happenings. This institutiona! knowledge strategy coupled with traditional property acquisition techniques wil4 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 redevefopment parcels Page 10 of 23 APD, Urban Planniug & Management , LL,C. Property Management and Properry Acquisition Agreement � , , YA�� Re�r�er� �� 3e�elo�r�e�� Re�u�� ra��rvo� 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 reguiatory changes in one Project Area at a time. Our ability to attract qualified builders and devefopers 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 af their participation. We still have a lot of work to do in this area. 7"a.�� 4 .F �`��ie�r c��'r€r,��z.��a' �e�e%r��r�� r,��s APD wi(I review proposed development projects for consistency with the respective zoning and land use regu{ations. �a.�k � 2 �e��fa�� ,��i/6��i�� APD will facilitate meetings with the Planning Department, and other departments, as needed, and make recommendations on appropriate appraaches to land use and zoning that would be consistent with short- and long-range redevelopment gaals, including the implementation of Overlay Zoning to protect critical areas. �'�s� � 3 ,�ae�r",�� r�� e�fo�ce�ne�� n�,4�h��cte�� c��'e%�e� The APD Team wil! design and enforce architectural guidelines that are consistent with our Pattern Book to insure redevelopment pat�erns 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 • Campletion of the Overlay Zoning process for each of the six (6) Project Development Areas �`�� f.��"�� '��i ,��61C��C'�'�� "��"�� "�� . Although we currentfy have a strong team of professionals necessary to assist in many of the current redevelopment initiatives, we do have areas in which additional team rnembers are needed. As the LW/B redevelopment project moves into project areas requiring more restoration, mixed use projects, multifamiiy 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. Page 12 of 23 APD Urban Plannuig & Management , LL.C. Property Management and Property Acquisition Agreement . � ; _ •� as ��modei" projects that wiii serve as a pattern for other development occurring within close proximity. _ Deliverables: • Written documentation of ineetings with developers/builders to review plans and construction specifications • Written documentation on issues impacting construction progress �'��l� �E�`�9� Ide��f�ca�i�� an� ��u��e� 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 praject. �`a.�� ;.� ��e��arr �►��r��a�iaa� ,�€��r�� Inner-city redevelopment projects will often require {ayer-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 wiil expand our assistance in identifying and securing funds to leverage funds provided by the AHCDD. Deliverab/es: • 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 throug'h 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 ��.s/t �';.� ��-r`��e� �i�� e�� =�a��,�� .�� APD has e�ensive experience in utilizing federal funds on urban revitalization projects, incfuding 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 ieveraging public funds with private financing. These examples inciude the following: Page 14 of 23 APD Urban Planning & Mana�ement , LL.C. Property Management and Property Acquisition Agreement , . ! . f . . .. _. . . .. . .. . ... .... . . . � . . .. � . . . . 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 �� t��re��6a� �lar�a�g�mer�� Once design work is completed, the APD Team will continue to facifitate 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 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 af all construction-related issues, and keep the development team informed of the construction progress throughout the process. �"as� �e 1 �'�a��ef��r� �� a��ts€�r�e� �"�a�ar 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 aIf Team members. Deliverables: Written documentation of ineeting minutes, construction progress reports for all projects �"�.�f� �. � �c��tita�,�s�,� �� `��t.�� ",��e.�.� As construction policies were previously developed during Phase I of this project, the APD Team will continue to manage, monitor, and ensure continued campliance 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, Page 16 of 23 APD, Urban Planning & Management , LLC. Properiy Management and Prope� Acquisition Agreement � ` , __ _ .. , �' . • 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 • Quarterfy meeting summaries and outline of public and stakeholder input process; written project materials. �'��fc 1 �,�' �''��i�`i� a�ra�f Pri�a�te P"a�e��~�ta��as One of the ways to encourage redevelopment is through encouraging public and private partnerships with experienced lenders, builders, developers, community stakehofders, 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 �'�sk� .� �;3 f�r�esee��at�� o�` ��ef��r�! �'e��c,�� The APD team understands that the bond funding for the Laney Walker/Bethlehem project is tied to the devefopment 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 developmen'� of a draft of a scope of work to be foflowed. APD will continue this effort by continuing to obta:in 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 soiicited company to develop a p{an 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 Pfanning Grant, should that be awarded (August 2012) • Written documentation of coordination and management of solicited design team Page 18 of 23 APD Urban Planning & Management , LLC. Property Management and Property Acquisition Agreement , ,, _ �i�� fEL�i� E��4L��N 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. �`as�C 1�,� lV1'c�nit�ra�rg, �r�el�in� a�c� Repon�6r�g T�fs The APD Team will provide technicat 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, induding 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: De/iverab/es _ • Logic model demonstrating the evaluatian plan to be used to document the outcomes resulting from specifc strategies and actions utiiized in the redevelopment of Laney Walker/Bethlehem • Monitoring, tracking and reporting tool and training for various redevefopment activities. Page 20 of 23 APD Urban Planning & Management , LLC. Property Management and Property Acquisition Agreement . , APPENDIX B COMPENSATION/BUDGET Consultant requests for payment may be submitted monthiy. Weekly reports wili be provided through a written narrative and photos which will adequately describe and document the work perFormed. Total payments tor 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 hour(y 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 compfetion of key components of the project work plan. Tasks #1 thru #12 $540,270 Special Commercial Construction Management Advisory Services $ 30,000 - Travel/Rrinting/Reproduction $ 14/G TOTAL BUDGET $570,270 Project Staf�ng . � �. . , ,. .�; _ �, _ Positiori ' Percent of Time Principa! . • 70% Senior Pro�ect Manager 100°l0 � � Seniar Construction Manager 100% y . Urban Design Manager 1Q0% Urban Pfanner/Landscape Architect 100% Auto CAD Assistant 100% Property Aequisition Manager 100% GIS Manager 20% Project Administrator 10% Page 21 of 23 APD Urban Planning & Management , LLC. Property Management and Property Acquisition Agreement . , � Page 23 of 23