Loading...
HomeMy WebLinkAbout99-273 t Resolution No. 99-273 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH TRKLA, PETTIGREW, ALLEN & PAYNE, INC. FOR A TAX INCREMENT FINANCING FEASIBILITY STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Professional Services Agreement on behalf of the City of Elgin with Trkla, Pettigrew, Allen & Payne, Inc . for a central area tax increment financing district feasibility study, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schack, Mayor Presented: October 27, 1999 Adopted: October 27, 1999 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk i 1 Professional Services Agreement THIS AGREEMENT is made and entered into this day of or 999 by and between the City of Elgin,Illinois,a municipal corporation(hereinafter referred to as"City"),and Trkla,Pettigrew, Allen,&Payne,Inc.,an Illinois corporation,and an urban planning and economic development consulting firm located at 222 South Riverside Plaza in Chicago,Illinois(hereinafter referred to as "Consultant"). Whereas,the City has determined it to be in its best interests to obtain the assistance of a Consultant concerning the various studies,analyses and report preparation leading to consideration of the possible establishment of a Tax Increment Financing Redevelopment Project Area for Elgin's Central Area. Whereas, Consultant is experienced in all aspects of the tax increment financing study and planning process and desires to render Consultant services to the City. NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged,the parties hereto hereby agree as follows: 1. Scope of Work Consultant shall perform and direct the necessary qualified personnel to perform the services of Phases I,II,and III of the Scope of Services proposal,a copy of which is attached hereto and made a part hereof as Exhibit 1. Each phase of the Scope of Services shall be separately authorized by the City,and,upon completion of each phase,the City may exercise the option not to proceed with subsequent phase(s). 2. Time Schedule and Term Consultant shall perform and complete the various services and tasks in Exhibit 1 hereto according to the time line included in Exhibit 1. Alterations to the time line may be made by mutual written agreement of the parties. The term of this Agreement is for one year from the date and year first written above and Consultant shall have performed and completed all of the services to be provided within such one(1)year period. 3. Study Area The primary study area for this Agreement is generally defined by Big Timber Road,Lovell Street and Congdon Street on the North,by Crystal Street and State Street on the west,by Liberty Street and Hill Avenue on the east,and Oak Street and U.S. Route 20 on the south as depicted in Exhibit 2. 4. Fee So long as Consultant is discharging its obligations hereunder to the reasonable satisfaction of City, Consultant shall be paid a lump sum fee for such services not to exceed$65,000 in total for all tasks combined regardless of the actual cost and expenses incurred by the Consultant. Said fee is divided as follows: Phase I, $35,000;Phase II,$25,000;and Phase III, $5,000. Progress Payments Each month the Consultant shall provide an invoice that describes the invoice period,the services City of Elgin Professional Services Agreement Central Area TIF page 1 rendered(including percent work completed),fees and expenses due,payment due date,billing history,and other appropriate information. Additional Services Additional services and expenses by the Consultant beyond the Scope of Work of this contract require prior written approval of the City Council of the City of Elgin and shall be compensated according to terms agreed upon in such written approval. 5. Rights in Results of Services The results of Consultant's services under this Agreement shall be the exclusive property of City,and all documents(including,without limitation,all writings,drawings,blueprints,pictures,recordings, computer or machine-readable data,and all copies or reproductions hereof)which describe or relate to the services performed or to be performed pursuant to this Agreement or the results thereof, including,without limitation,all notes,data, reports or other information received or generated in the performance of this Agreement shall be the exclusive property of City and shall be delivered to City upon request(except for one copy,which may be retained by Consultant for its confidential files). No articles,papers,treatises,or presentation related to or in any way based upon or associated with the services performed pursuant to this Agreement shall be presented or submitted for publication without the prior written consent of City. It is agreed that the results of Consultant's services and the work product provided under this Agreement are not intended or represented to be suitable for reuse by the City on any project not contemplated by this Agreement and such reuse shall be without liability to the Consultant. 6. Other Agreements Consultant warrants that it is not a party to any other existing or previous agreement which would prevent Consultant from entering into this Agreement or which would adversely affect Consultant's ability to perform services under this Agreement. During the term of this Agreement,Consultant shall not,without the prior written consent of City,perform services for any persons,firm or corporation other than City if such services could foreseeably lead to a conflict with Consultant's obligations under this Agreement. 7. Subcontracting If Consultant intends to hire or retain any person,firm or corporation to perform services under this Agreement, Consultant shall first secure the written agreement of such party that such party(1)shall assume and agree to be bound by the same obligations as Consultant has assumed under the provisions of this Agreement,and(2)that such party shall not be or act as an agent or employee of City,not assume or create a commitment or obligation on behalf of nor bind City in any'respect whatsoever. Consultant shall provide City with a copy of each such written agreement. Prior to subcontracting, Contractor shall obtain prior written approval of the City for each individual subcontractor. City shall have the right to refuse approval of any subcontractor for any reason. Any fees,payments or other costs associated with any sub contractor or other persons or firm shall be at the sole cost of the Consultant payable from the fees the City is paying to Consultant pursuant to this Agreement. 8. Assignment City of Elgin Professional Services Agreement Central Area TIP' Page 2 Neither this Agreement nor any of the rights or obligations hereunder may be assigned or otherwise transferred by Consultant,nor shall the benefits of this Agreement inure to the benefit of any trustee in bankruptcy,receiver or creditor of either party,except as may be required by law,whether by operation of law or otherwise,without the prior written consent of either party. Any attempt to assign or transfer this Agreement or any rights hereunder without such consent shall be null and void and of no force or effect. 9. Independent Contractor Consultant is and shall perform its services under this Agreement as an independent contractor,and shall not be deemed an agent,employee or legal representative of City. Consultant has no authority to assume or create any commitment or obligation on behalf of or to bind City in any respect whatsoever. 10. Licenses Consultant shall obtain at its cost any and all licenses required by federal, state,or local statutes, regulations or ordinances necessary for the performance of its serves pursuant to this Agreement. 11. Compliance with Laws Consultant shall at all times impose work orders on its employees and subcontractors which are designed to assure that they comply with all applicable federal,state and local laws and regulations (including,but not limited to,occupational safety and environmental protection statutes and regulations)in performing services hereunder,and shall comply with any directions of governmental agencies and City relating to site safety,security,traffic or other matters. Failure to comply with this Section shall constitute a material breach of this Agreement,and shall entitle City to terminate this Agreement upon ten(10)days written notice without penalty to City. 12. Indemnification of City Consultant shall hold harmless and indemnify City from and against any and all suits,causes of action,claims for damages,damages and any other liability to the extent caused by the negligent acts of the Consultant,its collaborating firms,its subcontractors or agents in the performance of this Agreement. 13. Force Majeure The Consultant shall not be liable to the City for any failure,delay or interruption of service or for any failure or delay in the performance of any obligation under this Agreement due to strike, walkouts,acts of God,governmental restrictions,enemy action,civil commotion,unavoidable casualty,unavailability of fuel or parts or other similar acts beyond the reasonable control of the Consultant. 14. Consultant's Insurance Consultant shall obtain and maintain the following policies of insurance: (1) Worker's compensation and occupational disease insurance in amounts required under the laws of the State of Illinois; City of Elgin Professional Services Agreement Central Area TIF page 3 (2) Comprehensive general liability and automobile liability insurance for bodily injury,death or loss of or damage to property of third persons in the minimum amount of$1 million per occurrence which policy shall name City as additional insureds. Consultant shall furnish to City of Elgin a certified copy of such policies concurrently with the execution of this Agreement. (3) Professional liability insurance for errors and omissions in the minimum amount of$1 million per occurrence and in aggregate. Consultant shall furnish to the City a Certificate of Insurance as evidence of such policy concurrently with the execution of this Agreement. 15. Severability If any portion of this Agreement, or application thereof to any person or circumstance,shall to any extent be deemed to be invalid,void,or otherwise unenforceable for any reason,the remainder of this Agreement,and the application of such provision to persons or circumstances other than those as to which it is held invalid,shall not be affected thereby,and each provision of this Agreement shall be valid and shall remain in full force and effect. 16. Governing Law Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,Illinois. 17. Termination The City may by written notice to the Consultant terminate the whole or any part of this contract if the Consultant fails to make delivery of the services within the time specified herein or any extension thereof: or if the contractor fails to perform any of the other provisions of the contract,or fails to make progress so as to endanger performance of this contract in accordance with its terms,and in either of theses two circumstances does not cure such failure within ten(10)days(or such longer period as the City may authorize in writing)after receipt of notice from the City specifying such failure. In the event this Agreement is so terminated,the Consultant shall be paid for services actually performed and reasonable expenses actually incurred prior to termination according to the rates set forth in Exhibit 3 attached hereto,except that such payment and reimbursement shall in no event exceed the amount specified under Section 4 above. 18. Additional Provisions This Agreement includes those additional provisions contained in Exhibits 4, 5, 6 and 7 relating to Consultant's certifications,affirmative action information,equal employment commitment guidelines and sexual harassment policy. 19. News Releases The Consultant may not issue any news releases without prior approval from the City,nor will the Consultant make public proposals developed under this Agreement without prior written approval from the City prior to said documentation becoming matters of public record. 20. Entire Agreement This Agreement contains the entire understanding and agreement between the parties hereto with City ofElgin Professional Services Agreement Central Area TIF page 4 respect to the subject matter hereof and supersedes all previous communication,negotiations and agreements,whether oral or written,between the parties hereto with respect to such subject matter, and no additions to or modifications of this Agreement or waiver of any provisions of this Agreement shall be binding on either party unless made in writing and executed by City. 21. Notices Communication to the Consultant means notice in writing to Mr. John C. Pettigrew,Principal,Trkla, Pettigrew,Allen,&Payne,Inc.,222 S. Riverside Plaza, Chicago,IL 60606. Communication to the City means notice to the contracting officer in writing to Mr.Mark Biernacki,City of Elgin, 150 Dexter Court,Elgin,IL 60120. 22. No Personal Liability No officer, director,or employee of the City or of the Consultant shall be personally liable for the fulfillment of the conditions of this Agreement. 23. Cost and Quantity Opinions In providing estimated construction costs,the City understands that the Consultant is not an architect or engineer and is not qualified to provide opinions of probable cost and will therefore rely on cost estimates prepared by representatives of the City of Elgin or other secondary data sources. The Consultant makes no warranty,express or implied,that the bids or the negotiated cost of the work will not vary from the Consultant's estimates of future construction costs. 24. Standards of Care In providing services under this Agreement,the Consultant shall endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. &at/GPI a r2 The terms and condition set forth herein are accepted as of this ?#day of etob•r,1999. CITY OF ELGIN TRKLA,PETTIGREW,ALLEN&PAYNE,INC. By. By: �.k�.,k. - _ - �'O Jo e A. Parker City Manager T' 0‘57.6.#zr- Attest: Dolonna Mecum, 'ty Clerk City of Elgin �. Professional Services Agreement Central Area TIF page 5 EXHIBIT 1: SCOPE OF WORK Our proposal covers three phases of work. It is anticipated that each phase will be separately authorized by the City of Elgin. The first phase includes surveys of project eligibility, preliminary analysis of redevelopment project scope and potential,and preliminary tax increment financing analysis. The second phase of work will include preparation of draft reports, including a Redevelopment Plan, required to initiate the public hearing process and to serve as a basis for consideration of the adoptive ordinances. The third phase consists of finalizing reports and proceeding with the required meeting with local taxing districts and the public hearing,concluding with City action on adopting ordinances. PHASE I Task 100: Project Initiation A job initiation meeting will be held to set the framework of the study. Basic requirements and policies of the tax increment financing program will be presented and discussed during this meeting. The purpose of this meeting is to (a) review the overall study objectives; (b)refine, as deemed necessary, the work program for the study; (c) resolve any questions regarding contract interpretation; (d) establish a firm basis for all participants working together to complete the assignment in an orderly manner; and (e) secure available data,plans and studies which will be useful in completing the assignment. Task 101: Project Eligibility Surveys,Analysis Surveys and analyses will be undertaken to record and assess existing conditions and to provide the City of Elgin with the documentation required to support a finding or project eligibility. Analyses will include: • Exterior survey of the condition and use of each building; • Examination of platting,ownership,and tax delinquencies of vacant land; • Field survey of site conditions covering roadways, lighting, parking facilities, landscaping, fences and walls,and general property maintenance; • Analysis of existing uses and their relationships; • Comparison of current land use to current zoning ordinance provisions and the current zoning map; • Analysis of original and current platting,air photos for building size and layout; • Analysis of vacant sites and vacant buildings; • Analysis of building floor area and site overage;and • Review of previously prepared plans,studies and data. In addition to the above, data and reports covering building code violations for the last five years within the Study Area as provided by the City will be reviewed and correlated with other summary data and findings. Data available from secondary sources with respect to building age,extent of occupancy/vacancies, date of most recent renovation,physical deterioration,and obsolescence,etc. will be collected and reviewed. Findings from the survey and analysis will be recorded on maps, survey forms, tables and/or charts as required for presentation to representatives of City of Elgin. The consultant will utilize all the data, surveys and analyses in documenting the conditions that exist within the proposed Tax Increment Financing District which warrant designation of the area as a redevelopment project area in accordance with provisions of the Illinois Tax Increment Allocation Redevelopment Act. Task 102: Prepare Preliminary Development Concept The consultant, in cooperation with other advisors,will provide assistance in preparation of a preliminary development concept for the Study Area. The development concept will indicate the location of land-use activities, areas for new development,vehicular movement patterns, and connections and relationships to surrounding areas. The development concept is desirable to formulate a more comprehensive approach for preliminary estimates of program and tax increment potentials. The development concept will include: • Analysis of existing physical conditions within and adjacent to the Study Area. It will include consideration of topography, visibility, identity, the local street system, and access to the major arterial street system. Existing city policies and plans will be taken into account. • Analysis of adjacent land uses in terms of compatibility and need for buffering nearby services and potential integration or coordination of adjacent sites within the Project. • Preparation of a preliminary development concept illustrating land-use, building and site origination along with holding capacity quantities, circulation patterns, peripheral site treatments,and phasing. Task 103: Review TIF Project Scope and Potential The consultant,with assistance from representatives of the City of Elgin will prepare a preliminary listing of required public improvements and facilities, and alternative program proposals covering acquisition, site preparation,and new development,etc. Representatives of the City of Elgin will assist the consultant in identification of the type, amount and timing of private investment in new development, and securing current cost estimates for required public improvements and facilities. The project scope and potential identified as part of this task will provide the basis for the Preliminary TIF analysis to be prepared as part of Task 103. Task 104: Preliminary Tax Increment Financing Analysis A preliminary tax increment financing analysis will be prepared for review and consideration by the City of Elgin. This will include: • A pro forma analysis of tax increment financing, showing anticipated public costs,sources of financing,and anticipated tax increments. • A budget for the project execution phase, including estimates for administration and repayment of planning costs, rehabilitation, real estate purchases and related acquisition expenses, demolition and site clearance,project improvements, interest costs, capitalized interest costs, and contingencies. It is anticipated that two iterations of the tax increment financing analysis will be required to test alternative assumptions. Task 105: Progress Meetings Meetings with representatives from the City of Elgin will be held to review the findings of the project eligibility and preliminary TIF analysis, and to secure agreement on proceeding with preparation of draft reports and plans. PHASE II Task 200: Draft Project Eligibility Report A draft report describing the methodology and criteria used and the findings of the survey and analysis of project eligibility will be prepared for review with staff members of the City of Elgin. Task 201: Draft Redevelopment Plan A preliminary Redevelopment Plan will be prepared in draft form for review and consideration by the City. The preliminary plan will conform to the requirements set forth in the Illinois Tax Increment Allocation Redevelopment Act and include the following: (a) description of the proposed development project area;(b)statement of goals and objectives: (c)summary of conditions found to exist which warrant designation of all or parts of the project as either a "conservation area" or a "blighted area"; (d) a description of plan and project objectives and redevelopment activities; (e) a general land-use plan; (f) redevelopment and design controls; (g)summary of redevelopment projects costs; (h)description of sources of funds to pay redevelopment costs, and the types of obligations which may be issued; (i) statement on the lack of growth and development through investment by private enterprise; (j) summary description of the financial impact of the redevelopment project; (k)preliminary assessment of demand on taxing district services;and(1)statement on program to address financial and service impacts. The City of Elgin will be responsible for providing a legal boundary description of the redevelopment project area. Typically, the legal boundary description is prepared by the City's engineering department or consulting engineer following agreement on the Redevelopment Project Area limits determined as part of Task 104. Task 202: Progress Meetings Meetings with representatives of the City of Elgin will be held to review draft reports prepared as part of Tasks 200 and 201,and to secure agreement to initiate the public hearing process. PHASE III Task 300: Initiate Public Hearing Process The City of Elgin will be responsible for all notices by mail and publications associated with the public hearing process! Typically notices are sent to all taxing districts and to all tax payers of record for all property within the Redevelopment Project Area limits determined as part of Task 104. Depending on the number of properties involved, the City may wish to retain a mailing service for this purpose. Task 301: Prepare Final Reports Draft reports prepared as part of Tasks 200 and 201, and will be refined and prepared in final form for delivery to the City. Task 302: Joint Review Board Meeting Public Hearing Consultant will assist the City in preparing for,and will participate in, 1)a meeting with the Joint Review Board; and 2) a public hearing on the proposed Redevelopment Project designation and proposed Redevelopment Plan. • Task 303: City Action on TIF Ordinances The following ordinances will be prepared by the City Attorney or designated counsel for introduction and consideration by the Finance Committee and City Board (1) designating the Tax Increment Redevelopment Project Area;(2)approving the Tax Increment Redevelopment Plan; and(3)adopting Tax Increment Financing for the Redevelopment Project Area. Meetings The consultant will participate in the following: 1. A meeting with City staff to review findings of the project eligibility and preliminary TIF analysis. 2. Meetings with the City Council to review Phase I findings. 3. A meeting with City staff members to review findings and draft reports prepared by the consultant,including: (a)project eligibility report,and(b)Redevelopment Plan. 4. Meetings with the City Council to review Phase II reports. 5. An informational meetings with residents and business owners of the Study Area. 6. An informational meeting with representatives of local taxing districts to review the scope of and need for the proposed project. 7. A public hearing on the proposed Redevelopment Plan and Project. 8. A meeting with legal counsel for the City to review findings,draft reports,and procedural aspects of the program. PROJECT SCHEDULE We believe that our proposed work program for the Elgin assignment can be completed within a approximately a twelve month time period. Each of the three steps will require about four months to complete. The precise timing of the project will depend upon the number of meetings conducted during the course of the study, and the extent and nature of community involvement. Therefore, we suggest that the City remain somewhat flexible in terms of its precise schedule to ensure adequate time for review, discussion and consensus building at key points in the study process. Our Project Team is prepared to begin work on the Elgin assignment immediately, and will strive accelerate the schedule if the City so desires. Phase Time Frame I 8-12 weeks II 6-12 weeks III 45-90 days(Notice and hearing time) A memorandum report will be submitted at the conclusion of Phase I.The report will summarize the work completed in the first phase of study for use in the progress meeting following the completion of Phase I. A draft Eligibility Report and Redevelopment Plan will be prepared as part of Phase II to be used to initiate the public hearing process. A final report will be prepared prior to formal adoption and filing of the TIF Redevelopment Project Area and will include any changes identified as a result of staff review and the public hearing process. Additional Services and Meetings As authorized by the City of Elgin,the Consultant will participate in additional meetings and will complete additional assignments outside of the Scope of Services which will assist the City with adoption of the appropriate ordinances. Additional services and meetings will be billed on a time and expense basis. EXHIBIT II PROPOSED TIE STUDY AREA , . • . . • ,„ .,.. -2-....,,,N-4,..,,,,,...,t.,:u ilangimell - - a :TAttttaAt(AI di i....LEEEEissi -.LE:F,;,gli RE.,..__.--=mum mil ' i. II....ant�� aia°Aiwtt Rrnmt .� C 3 ME w_ V� m um. ;mn t _ E�.mm ..........„„b,1. ~� �� V ,to. 5 1 I i71� � �� 7BuauCln .dpartitW�tW -� �� — r= uu - ar..,,_ nu/.7 q11• nu= - s Ir"a tn_ ;_, :sum=am=ii /-1 .9 1 A,q, . _ 4.70,..,. ......=-. ,, .-vii ...,er. . e....tI111111-mt=m>: MI i - .tz=� — MIN:m _ uu , �•u' , t^-� a'?''1. ._1.J num:tar�ln1n -�if'c um^ 1 • �P§ - = -= % 1�4� .�=_; +==,.. '=w I _s " ,,',twl.it'I➢ imA nwau . _ t.�1:1 r, 70,.. ��__ �r��IQF'+�F61�7►jl lltl/� U�..� 11 Mp��_ '\ �0��- gam- + - ,`� �„ _= �.�1. :�, Ir Ilil L-"rr ■ I' it . �C±aj�� ���110t 41 ' Is a =_--"•"1;?,-a=cri lummunA111 mi=5 aquamota •©[y -= = , .A,.;: 1 , Va= -• r• d�lwmmiuur IIJIIt�= 9 I � � I 'ice �+ t= � •` \- 2. �r.L-3---.:-_-._..... /, =caiwammii IZIAUM =� ' !!UTd 1 r rl' mu Gi!�� ...,,, ,g data - „' � r-—, I l 11 i71 t ul�ui �1 4 �� cc a--�.�y y.-N,�v'�i•�p • AMC HTiTt-6 - 1- c: _1 ,IIII=F 1 may,,.?}� A.. ;.,Iy._ _' I� C 711/4; a: /Wli�r E°°° MM'a-� Wit" I+� 'y�1�� 1 .��r•`�J� � i a., �a )I ..... as f / ----M i'ffl::::-:= Viitt,fifilA g g7q..- 3-wz,ism ,,,,m- .. \ e.„\ .ak .,110 1 1-„num L-'.'''t �•g, o fag °� r-.p� \ \ , �" _F� L amp j 1- � =, emir•°GPI^ ? �~ �a pV tyi -- , 1 ®211E- ill c I _ \ " �^ __'- pEa _.3% } L ll�a� qG g, 1111 �- {r.,.. .i ` �1 � V PIN G'= ,_. - E G .r ~'vim- I� � utu5 Im app""-. .- ` r"Y,,-^- `� ..,.. -�`� ,1 ;1_ f1�•=•,�llt InII�I u=le,-lee rim ■I'...r, IId�� C C.:E' �I''ii111'wU G a'- Fi�i a , 1„d('i�Tgw ' �� ., �- i � ` I 4 N NO SCALE EXIT 3: Fee Schedule Trkla,Pettigrew,Allen&Payne,Inc. Fee Schedule Hourly billing rates in effect are: Partner/Principal $140.00 Principal Associate $100.00 Senior Associate $85.00 Associates $75.00 Graphics $60.00 Technical/Clerical $45.00 The billing for each phase will include out-of-pocket expenses in addition to the above compensation schedule. Out-of-pocket expenses include travel, delivery/overnight services, and reproduction related to completing the assignment. Out-of-pocket expenses are estimated to not exceed $2,000 without approval by the City. EXHIBIT 4 Consultant Certified that: 1. The undersigned firm certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue except for tax it is contesting in accordance with the procedures established by the appropriate revenue act. 2. The undersigned firm certifies that the firm is not barred from making an offer to contract as a result of a violation of 720 ILCS 5/33I-3 or E-4. 3. The undersigned firm certifies that the firm shall comply,where applicable,with the Prevailing Wage Act(820 ILCS 130/0.01,et seq). The undersigned firm certifies that the firm shall comply with the City's contract compliance ordinance relating to Affirmative Action. C%a T By: Da : /D /z3/9 ' • EXHIBIT 5: Affirmative Action Information City of Elgin Contract Compliance Affirmative Action Information To assure compliance with the city of Elgin's contract compliance ordinance, all contractors and vendors, herein referred to as"bidders",are requested to submit the following Affirmative Action information: 1. Work Force Analysis using the enclosed bidder's employee utilization form. 2. Provide the information required by item #3 on the employee utilization form if the answer to question 2 on the form is `yes'. 3. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and females to assure equal employment opportunity. (A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement.) SEP-29 99 10:39 FROM:CODEADMIN 8479316790 TO:312 382 2128 PAGE:02 . BIDDER'S EMPLOYEE UTILIZATION FORM This report is requited by the City of Elgin and must be submitted before the contract can be awarded. • Chapter 3.12.1000 Affirmative Action - City Contracts I. Name and Address of Bidder Description of Project Trkla, Pettigrew, Allen & Payne, Inc. ___Fmc River k Cent,-tl F1r-in 222 South Rivers_P]aza, Su;to 1616 - P_rorosed Tax Increment Chicago, Illinois -60606 Financing District JOB CATEGORIES Total Whites Blacks Hispanics Asians or American Minority Female Employees Pacific Indians (M &,F) (All Islanders Categories) M / F M / F M / F M / F M / F % % Example:Managers 18 3 5 3 2 4 1 55.6% 44.4% (10/18) (9118) Principals 3 3 0 0 - L $ Principal Associai.e 1 _ 1 0 Senior Associates 3 L. 2 _ r _ 0 67 Associates , 2 _l,_ _ 1 100 50 Accountant 1 1 100 100 r - 1 Secretary 1 1 _ _100 1_00 Interns 2 1 1 0 50 TOTALS 13 6 3 1 2 1 30.7 46 Signature of Compan O,tcial Tide Telephone Number Date Signed Page i_ �/ ofi President 312-382-2100 rp// ii(q q 2. Have you ever been awarded a bid by the City of Elgin? XX Yes* No T— i 3. If the answer to question *2 is Yes, please submit a copy of the Employee Utiliza.uon Form that was submitted with your last successful bid along with a fully completed copy of this form. * Award more than 15 years ago. 4. If the statistical data provided above shows under-utilization of minorities and/or females, please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in pact. SEP-29 99 10:39 FROM:CODEADMIN 8479316790 TO:312 382 2129 PAGE:03 s�., OF Etc • City of Elgin, Illinois Sexual Harassment Policies and Programs ( i'E o reb-` •r a sAuk..r zo�r11r ; Effective July 1, 1993, every party to any contract with the City of Elgin and every eligible bidder is required to have written sexual harassment policies that include, at a minimum, the following information: (I) the illegality of sexual harassment (ii) the definition of sexual harassment under state law (iii) a description of sexual harassment, utilizing examples (iv) the vendor's internal complaint process including penalties (v) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission (vi) directions on how to contact the department and commission (vii) protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set forth above, and I hereby agree to furnish the City of Elgin - Human Resources Department with a copy of these policies if they so request. Signature/Title w✓/� -.gay" /, a ' ,President Company rkla Petti. - Al Payne, Inc. Date Sexual harassment is defined as follows: "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to nr rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin - Human Resources Department at (847) 931-5618. I hereby agree to fully indemnify and hold the City of .Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, costs of judgment against it arising from any sexual harassment complaint resulting from the act of any member of my organization in the performance of this contract. / 5ipnacu�e/Titie .U�ab/, �� iL President Company rkla, Pettigrew, • .en & Payne, Inc. Date 107/ nJ.31b( b 10:312 382 2128 PAGE:04 TAX/COLLUSION/DEBARMENT AFFIDAVIT State of_ Illinois _ss. County of _ Cook John C. Pettigrew , being first duly sworn, deposes and says: That he is Presidde}t of the firm of the party making the foregoing bid and that the bidder is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5133E-3 or 5133E-4, as amended; and, no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place; and, bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. Signature of Bidder, if an individual: Signature of Bidder, if a partnership: Subscribed and sworn to before me this Ictfib day of Or 49 e4 , 1999 Signature of Bidder, if a corporation: M commission expires: 6 J i 11 e ■-nt 7.. 4* "OFFICIAL SEAL" / 444 - , dita trap ww N • auu+xt C�> i StC` `:',4r5103 �3 . Secretary \.4 y*•. alga •4 _ . J:•I ir �j OF ft.0 00,_ ., f 9 , City of Elgin Agenda Item No. October 1, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Consultant Selection for the Tax Increment Financing Feasibility Study PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Trkla, Pettigrew, Allen, and Payne, Inc . to prepare the Central Area Tax Increment Financing District feasibility study. BACKGROUND The City Council budgeted $40, 000 in 1999 to prepare a feasibility study for the expanded use of tax increment financing (TIF) for the central areas of the City. In July 1999, staff received responses to our Request for Proposals from six consulting firms . The proposals were reviewed by a selection team consisting of Community Development Manager Mark Biernacki, Fiscal Services Manager Jim Nowicki, and Economic Development and Business Services Director Ray Moller. Interviews were conducted with three firms : Trkla, Pettigrew, Allen, and Payne, Inc. (Chicago) , Kane, McKenna, and Assoc . (Chicago) , and Peckham, Guyton, Albers, and Viets, Inc. (St .Louis) . The team decided not to interview the other three firms of City Vision, Inc. (Madison, Wisconsin) , Ernst and Young (Chicago) , Bell and Boyd/Arthur Anderson (Chicago) . While these are all qualified firms, the selection team based interview selections on their applicable experience in Illinois with TIF developments . The interview team reviewed the submitted materials and assessed the prospective consultants ' abilities in the following areas : Knowledge, education, and experience of the staff to be assigned to the project . Degree at which the proposed scope of services addressed the project ' s objectives. The consultants ' specialized experience and qualifications on similar projects . TIF Consultant Selection October 4 , 1999 Page 2 Demonstrated familiarity with Illinois TIF law, both existing and proposed. Overall value of the product for the professional fee to be charged. Based on the above areas, and after interviewing the top three firms, the selection team is recommending the firm of Trkla, Pettigrew, Allen, and Payne (TPAP) to prepare the TIF feasibility study. It is also recommended that this firm be chosen to prepare the actual TIF district documents and materials should the City Council decide to proceed with that phase at a later date . Staff has negotiated a total fee of $65, 000 for these services . TPAP ' s scope of services and the manner in which this total fee is to be expended is summarized as follows : Phase One - (fee: $35, 000, estimated duration: three months) - Project initiation - Project eligibility surveys and analysis - Preliminary development concepts - Preliminary list projects and cost estimates - Preliminary tax increment financing analysis - Analysis of options and recommendations Phase Two - Proceed only with further Council direction (fee : $25, 000, est . duration: two to three months) - Draft project eligibility report - Draft redevelopment plan and project area Phase Three (fee : $5, 000, est . duration: two to three months) - Final reports - Joint Review Board meetings and hearings - Council hearings and action of TIF ordinances A full copy of the scope of services and the schedule are attached. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED A staff selection team was involved in the review and selection process leading up to its recommendation. FINANCIAL IMPACT Of TPAP' s total $65, 000 proposal, adequate funding ($40, 000) has been budgeted for their $35, 000 Phase One portion in account number 270-0000-791 . 30-99, project number 179542 . Additional funds will r have to be budgeted should the City Council choose to proceed with phases two and three of this proposal . Additional funds are available within the Fox Bluff Corporate Center Fund to award the full contract amount within 1999 . These additional funds are estimated as follows : TIF Consultant Selection October 4 , 1999 rft. Page 3 TPAP' s proposed fee $65, 000 Budgeted amount - 40 , 000 Sub-total of new funds needed $25, 000 Direct costs, meeting expenses, + 10 , 000 promotional materials, and certified mailing costs per State Statutes Grand total of new funds needed =$35, 000 LEGAL IMPACT Win" None . ALTERNATIVES The City Council may chose not to enter into a contract with TPAP, or to choose from the list of the other prospective firms . RECOMMENDATION It is recommended that the Mayor and members of the City Council enter into an agreement with TPAP, Inc . to prepare the TIF Feasibility Study (phase one) , to contract for their services should the City Council choose to proceed with phases two and three, and to budget the extra $35, 000 using greater-than- anticipated Riverboat Revenues . R pectfully submitted, atewii,„ J ce . Parker City Manager JAP/mtb eft.