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HomeMy WebLinkAbout80-0122 TRKLA $O- 01 a,a T�z KL.A AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN TRKLA, PETTIGREW, ALLEN & PAYNE, INC. AND THE CITY OF ELGIN, ILLINOIS THIS AGREEMENT made and entered into this 22nd day of January , 1980, by and between TRKLA, PETTIGREW, ALLEN & PAYNE, INC. , an Illinois corporation with principal offices at 123 West Madison Street, Chicago, Illinois 60602 (hereinafter referred to as the "CONSULTANT") , and the CITY OF ELGIN, ILLINOIS (hereinafter referred to as the "CLIENT") , WITNESSETH THAT: WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance in connection with the preparation of a Downtown Market Analysis and Planning Study for the CITY OF ELGIN (hereinafter referred to as the "PROJECT"), and the CONSULTANT has signified his willingness to furnish technical and professional services to the CLIENT. NOW, THEREFORE, the parties hereto do mutually agree as follows: A. Scope of Consultant' s Services The CONSULTANT agrees to perform in a good and professional manner those services described in Attachment A, a copy of which is attached hereto and incorporated in this AGREEMENT. B. Services to be Provided by the Client The CLIENT agrees, as stated in the Request for a Proposal , to provide the CONSULTANT with the following information: 1 . Data from the 1976 Special Census 2. The 1976 Housing Study s 3. The 1977 Historic District Study 4. The 1979 physical inventory of the downtown area 5. Current land use data 6. Retail sales tax receipts for 1960-1979 7. The 1978 Dun and Bradstreet listing for the downtown area 8. The 1977 Parking Study 9. Traffic Counts as available 10. An inventory of changes in uses and establishments in the downtown, 1969-1979. In the event that any additional information, data, reports, records and maps are existing and available to the CLIENT and are useful for carrying out the work on this PROJECT, this information shall be promptly furnished to the CONSULTANT. The completion of the services to be performed by the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CLIENT, at no cost to the CONSULTANT, of service, data, and reports described above. The CLIENT will assist the CONSULTANT by assemblying and promptly making available such information the CLIENT may have pertinent to the PROJECT, including any previous reports and other data relative to the execution of the PROJECT. • 4 If, by reason of any fault of CLIENT, materials or services to be provided by the CLIENT are not made available to the CONSULTANT in a timely manner, the CONSULTANT may, at its option, stop on the PROJECT until such materials or services are provided. C. Changes The CLIENT may, from time to time, require or request changes in the scope of services of the CONSULTANT to be performed hereunder. Such changes, including any appropriate increase or decrease in the amount of compensation, which are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be incorporated in written amendments to this AGREEMENT. U. Consultant's Compensation The CONSULTANT shall be compensated for services rendered under the terms of AGREEMENT on the basis of the CONSULTANT's hourly rates current at the time of performance for the staff time devoted to the PROJECT plus reimbursement of actual cost for directly related job expenses such as travel, subsistence, printing, etc. The upset maximum cost for CONSULTANT services under this AGREEMENT is $96,000. The estimated fee reflects the following allocation among the four major phases: Phase I $45,000 Phase II $23,000 Phase III $17,000 Final Plan $ 6,000 Contingency $ 5,000 The CONSULTANT will not exceed this sum without specific written authorization from the CLIENT or an amendment to this AGREEMENT. . E. Method of Payment The CLIENT will pay to the consultant an advance of $9,000 within -r Y ten days of the date of this AGREEMENT. Thereafter, the CONSULTANT shall subrmit monthly invoices for costs incurred on the PROJECT during the billing period. All invoices will be accompanied by a written progress report. Invoices are due and payabl8.no later than thirty (30) days of invoice date. The amount advanced to the CONSULTANT will be deducted fran the first invoice. Total billings • o' I. Extra Work If requested and authorized in writing by the CLIENT, the CON- SULTANT will be available to furnish, or obtain from others, extra work of the following types: 1. Extra work due to changes in the general scope of the study including, but not limited to, changes in size, complexity or character of the work items. 2. Additional or extended services including study admini- stration due to: (a) the prolongation of the AGREEMENT time through no fault of the CONSULTANT, (b) the accelera- tion of the work schedule involving services beyond normal working hours, or (c) non-delivery of any materials, data, or other information to be furnished by the CLIENT or others not within the control of the CONSULTANT. 3. Additional services and costs necessitated by travel re- quired of the CONSULTANT other than the visits to the PROJECT as specified in Attachment A, Scope of Services. 4. Other additional services requested and authorized by the CLIENT which are not otherwise provided for under this AGREEMENT. 5. Attendance at additional meetings beyond those made part of this AGREEMENT. The costs and schedule for completing extra work authorized by the CLIENT shall be subject to negotiation between the CLIENT and the CONSULTANT in accordance with the provision of Paragraph C (Changes) of this AGREEMENT. J. Other Provisions The CLIENT and the CONSULTANT agree to the provisions incorporated r in this AMEITI NT and attached hereto as Part II, Terris and Conditions (Form 11-621E3, and dated February, 1969) . The term "local public agency" in the aforesaid Terms and Conditions, shall mean the CLIENT. • for services rendered under this AGRED'J1lr will not exceed the sum of $96,000 without express written authorization fnpm the CLI INI'. I'. Time of Performance i The services of CONSULTANT will begin upon delivery to the CON- SULTANT of an executed copy of this AGREEMENT and shall, absent causes beyond the control of the CONSULTANT, be completed within 270 Calendar Days thereafter. G. Nondiscrimination The CONSULTANT agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. 11. Excusable Delays The CONSULTANT shall not be in default by reason of any failure in performance of this AGREEMENT in accordance with its terms (including any failure by the CONSULTANT to make progress in the prosecution of the work hereunder which endangers suc h performance) if such failure arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes may include, but are not restricted or limited to, acts of God or of the public enemy, acts of government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform must be beyond the control and without the fault or negligence of the -r CONSULTANT, and the CONSULTANT shall not be deemed to be in default. • IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this ?GREEhIINP on the date and year first above written. 4 CONSULTANT: CLIENT: s TRIQA, PL1.1'IGREW, ALL EN & PAYNE, INC. CITY OF ELGIN, ILLINOI By: 466,044(tiftle-k, By: President Le Nelson, Cit Manager Attest: By: A ,At Title: (o ,� A rrACI MENT A SCOPE OF SERV Ifl_S This section describes the proposed work program for the completion of this assignment which is to undertake a market analysis and planning study for the Elgin downtown study area. The proposed work program is in response to the requirements set forth in the Request for Proposal. Factors considered in the preparation of this work program include: 1. All work items identified in the Request for Proposal must be covered in a logical and concise manner, showing the timing and sequence of all study activities. 2. The work program must be of a sufficient level of detail to document the proposed approach and to provide a basis for estimating consultants' fees. however, the work program must also be considered preliminary until it has been either accepted or modified during the project initiation task. While the proposed work plan embraces the elements described in the RFP, they have been recast into an integrated work program showing their relation- ships, timing, and sequence. They have also been keyed to decision-making checkpoints (see Figure 1, Preliminary Work Program) . As indicated in the Project Overview, this work program is geared toward generating local consensus, both from citizens and public policy-makers, at key junctures throughout the proposed work process. Accordingly, the work sequence diagram shows four working conferences which represent transition points between respective phases of the study, at which time either an under- standing must be reached or a decision made as a basis for proceeding into the next phase. PHASE I Phase I will initiate the overall study, organize the local participa- tion process, analyze existing conditions and operations, and generate basic 1 Phase 1 Phase 2 Phase 3 • REFINEMENT OF PLANS, • DEVELOPMENT FRAMEWORK EVALUATION OF ALTERNATIVES PROGRAMS AND STRATEGIES ' 10-12 Weeks 8-10 Weeks 8-10 Weeks 4-6 Weeks . a [ :eartC Cta ae:carch 1vl Peview of Existing Cnwntewn rjn-lions 111 I i'evelop =evitnal ,—__ r,:vgric S:.1 Econbr.ic Lpti: ,;rw Economic Fevicx, and Peview and ;.ornent Comment 1 - Profile v Assess-ent 500 t)0 AlternativeOevelopnent -- eveopnert IA Concepts an analysis of -✓rw"•.Own - ?e-ve•ofv^•^t Agree- 501 )00 menteeon Refine &03 903 Prepare i•t•nt1415 300, 100 ment onPrepare ,oect - __Synthesis: ^-1 Working Goals and Alternative 600 "i Working Preferred Project Pre H Working Fins' reds, Issues,---1 Evaluation Conference Alterna- Recor,menda- ManagementConference Plan n+a all°" 1"5 Opportunities Conference Objec- — - Plan tives Opportunities tives lions rd•area - �� :-prove, nt 502 aC2 potentials Alternative Refine - Programs, - _Develornent... Strategies. Strategy `m� Resources °eview of Exi-.tirg ... Stu lies • an-I Plans ,1 P arninj - '-and Design Inventories • il: I I f x7V4 XP, Identify - financial - Figure 1 pesource, PRELIMINARY WORK PROGRAM 203 DOWNTOWN MARKET ANALYSIS AND PLANNING STUDY ,ey Person -.- City of Elgin, Illinois lntenri^" Prepared by TRKLA, PETTIGREW, ALLEN & PAYNE 1 . guidelines and direction for the downtown plan and program. It will include significant effort in both the market analysis and physical planning cora- 1 rents of the program, with activities in each of the areas clo*ly coor- d dnated and interrelated. a r_ L Tasks lot) through 105 will focus on the analysis of economic and market conditions and potentials within the downtown and its various subareas. Tasks 200 through 1)3 will entail initial physical planning and design inventories and analyses. Both sets of activities will be synthesized in a summary statement of needs, issues and opportunities, which will provide the basis for a major working conference within the community. TASK ow: Project Initiation ►)lt.11:CFI\'1:: '1'u establish a fire► foundation for the completion of this assignment. DISCUSSION: Before actual work will begin, a job initiation conference will he held to set the framework for the study. Participants ir this conference will include the project director, key personnel from the consulting team, local staff working directly on this assignment, representatives from the various city departments, and representatives of the downtown business com- munity. The purposes of this conference are to (a) review the overall study objectives, (h) refine, as deemed necessary, the work program for the study, (c) resolve any questions regarding contract interpretation, and (d) estab- lish a firm basis for all participants working together to complete the assignment in an orderly manner. END I'ROIXl : All understanding and agreement between client and consulting team regarding the conduct of this assignment. TASK lull: Basic Economic Data Research c)Itll:('"I IV1:: '1'o collect and analyze all information relevant to the downtown market analysis including: (a) the collection and review of existing plans, maps, reports, prior feasibility and other studies, and any other available useful material; and (b) in- terviews and meetings with key businessmen, local officials, and other individuals having information pertinent to the proposed study program. IlISCt1SSION: 'I'hc information required for this task will be drawn from the r�•so►�rcc materials to be made available to the consultant team by local staff and data•new1y gathered as appropriate. Relevant on-file background information from the municipal data bank, inclusive of such data sources as previously prepared economic and planning studies, CBD-related records and statistics, downtown land-use information, historical records and trend data, and any other material-relating to the local and regional economies as well as the analysis of specific downtown-related land-use markets would be reviewed for the purpose of extracting and sunmarizing the directly pertinent information required for the conduct of this assignment. In this 3 respect, the consultant team's data assembly effort would particularly include a search of recent-year public records (i.e. , building permit data, sales tax statistics, maps and plans, traffic counts, parking space inventories, current 1 -use and zoning information, capital improvement program, andsimilar r levant particulars) in addition to other published data sources.= (i.e. , U.S. *sus publications, NIPC population and employment data, Chamber of Commerce, statistical compendiums and other records, priorly prepared studies on the region, etc.) to obtain the information needed. The project team would then proceed to collect and compile the information deemed needed in addition to the above (inclusive of interviews with know- ledgeable persons having useful information and any field inspections required) to fill the data gaps which exist, and to update the applicable data prepared previously. A survey of the area's retail merchant base would be undertaken (in terms of space occupied, type, quality, location, and competitive effec- tiveness) and assessed, and current sales volume achievements would be esti- mated for these merchants based upon a review of census and sales tax data, and recognition of size and quality factors relative to each merchant. The competitive alignments for office, multi-family housing, commercial service, and any other significant downtown type uses would also be inventoried and assessed. . .again, in terms of their physical, locational, and operational characteristics. Key community leaders, as well as downtown landowners and businessmen (i.e. , merchants, bankers, realtors, etc.) would be interviewed to obtain performance and opinion study input information otherwise unobtainable. These interviews would prove particularly useful in obtaining fundamental impressions regarding the downtown's present problems, strengths and weaknesses. END PRODUCT: Work paper summarizing pertinent data relative to the proposed downtown Elgin market analysis and planning study. TASK 1011: Study of Existing Downtown Functions OBJECTIVE: 1'o evaluate the current role and functions of downtown Elgin within its related metropolitan setting. DISCUSSION: This analysis would focus upon an assessment and quantification of the present use-mix and conditions within Elgin's downtown study area. Land-use organization and functional land-use relationships would be particularly noted. Significant changes in the land-use composition and competitive position of tale downtown during the past 10 years would especially be analyzed to gain an tiderstanding of the current and changing role of downtown Elgin within the com- munity and its .related region. An important part of the above described evaluation would be a thorough assess- ment of existing CBD merchant characteristics, including their effectiveness in merchandising and providing services, estimated business volumes, and their position relative to Elgin's tributary region and major competing shopping locations. A study would also be made of the historic pattern of non-CBD development, including prospects of new competitive developments based upon available information--as well as a careful review of the community's overall 4 existent merchant structure (i.e. , in terms of business cluster types and loca- tional alignment , space occupied by merchant type, individual merchant opera- tional effectiveness, and the strengths as well as deficiencies of this struc- tire) . Particular emphasis would be placed upon the study of ex tang major ttaffic-generating general merchandise type shopping facilities ► rich presently provide service to Elgin's trade area population, and consideration in this regard of the competitive situation as it is likely to develop. The changing Cull/non-CBD role of non-merchant functions (i.e. , office, commercial services, high-density, residential , etc.) would be similarly assessed. Al special point of emphasis in this assessment would be an analysis of downtown Llgin's f.4.s2t oru. In this regard, the regional trading area that is presently (and that would prospectively be) served by the commercial facilities existent (and anticipated) within the downtown study area would he delineated, based upon an analysis of factors, highway patterns, distribution of the population in the Elgin community and related far west suburban area, and the competition afforded by other trade centers within the tributary region, when judged in terms of the attractive strength attributable to down- town Elgin's commercial functions. This delineation which would include both prianary and secondary zones of influence, would be verified by means of such information as a license plate address check or major merchant charge account address analysis. Comparison of the estimated annual business volumes presently achieved by downtown Elgin's existing merchant facilities with the amount of business currently generated by residents of the downtown's tributary service area would permit a determination of how effective the downtown merchant struc- ture is in capturing its rightful or proportional share of the regional business available. Such an analysis would provide the basis for quantifica- tion of the deleterious impact of any deficiencies in the downtown merchant focus as the result of the problems and present physical conditions therein-- in terms of current business loss to competing trade centers and the overall effect of such deficiencies on the potential for downtown merchant space expansion. INI► PRODUCT: ltiork paper assessing present downtown Elgin functions and changing role within its related metropolitan setting. TASK 102: Develop Regional Economic Overview ORJECTIV'E: The objectives of this task are two-fold: (1) to develop an up- to-date overview of the related Elgin area economy which definitely establishes the community's prospects for change and further growth or development and (2) to provide a firm basis for estimating the future development potentials which accrue to downtown Elgin. DISCUSSION: This work task would focus upon an evaluation of pertinent economic base factors and trends deemed relevant to the prospects for future growth and development within the Elgin community and its related metro- politan setting. Principal study elements would include an assessment of population and employment growth history and prospects, the estimated dis- tribution of projected growth within the Elgin urbanizing area and immediate 5 related region, household income levels as well as other important demographic aspects of the population, character and extent of historic development within t community, and other such facets of the local economy which would generally r ate to a thorough analysis of selected Elgin area downtown-rel!ted land-use kets. Development trends in downtown-related use construction will be ascertained from historic and up-to-date building permit information for the city as a whole (as well as for adjacent "urbanizing" areas) . The scaled nature of Spring Hill Shopping Center (now under construction) and other proposed projects such as the St. Charles Mall on downtown expansion prospects would, for example, be included in this trend assessment. This data will serve as an indication of the manner in which the Elgin area downtown-related land- use markets have progressed in recent years in response to the demand pressures which have been applied, and current prospective developmental patterns now unfolding in this respect. In updating the information deemed pertinent, the consultant would make use of the results of the 1970 Censuses of Population and Housing, state and local statistical data source which would apply. Our intent, in any event, would be to carefully avoid duplication of valid work previously undertaken. As appropriate, we would re-state, update and complement this prior work to permit us to: (1) thoroughly understand the current role and make-up of the local economy; (2) fix the general parameters measuring past and possible future economic change within the Elgin community and its related metropo- litan setting; and (3) precisely define and quantify any prospects for change in population, employment, relevant land-uses, and other key factors con- cerning the local economy. END PRODUCT: Work paper summarizing up-to-date information detailing the general parameters measuring past and prospective economic change within the Elgin community and an understanding of regional growth indications and potentials supportive of new and continuing development within Elgin's central area. TASK 103: Consumer Profile Assessment OBJECTIVE: To prepare a consumer/non-consumer socioeconomic profile, and determine who does and does not use or frequent downtown Elgin and why. SCUSSION: A questionnaire would be designed to elicit from consumer respon- nts such information as to where they now shop and why, their frequency of visits to downtown Elgin and for what purpose, their buying patterns and selected socioeconomic characteristics, and opinions/suggestions concerning downtown Elgin. Consultant would seek the assistance of a local community group or groups (i.e. , League of Women's Voters, etc.) in distributing and collecting the subject questionnaire, making use of a valid sampling tech- nique. Results would then be tabulated, assessed and reported. 6 END PRODUCT: Work paper detailing assessment of results of completed consumer questionnaires survey and supplemental data source establishing a downtown Elgin consumer/non-consumer profile. TISK 104: Analysis of Downtown Development Potentials The economic consultant member of the project team would evaluate the economic and market factors deemed relevant to the prospects for downtown improvement and new use development, including an assessment of the role of Elgin within its tributary region, regional population growth trends and relationships, access conditions and impending changes relative thereto, development and growth trends within the community and related area, and similar important aspects of the local economy. This would be followed by an analysis of the primary strengths, weaknesses, problems, and possible areas of opportunity attributable to the downtown study area. The current land-use pattern within this area would additionally be investigated, as would the extent and nature of past investment within the downtown district as a whole. The adequacy of downtown parking facilities relative to present and projected future needs would also be examined. The above described evaluation would then be followed by an analysis of downtown development potentials focusing upon selected downtown type land- uses for which expansion opportunities would appear to exist. Such uses should be compatible with other downtown functions and serve to enhance the competitive position of downtown Elgin, including at least: retail uses; office uses; commercial service uses; multi-family housing; and any other uses for which a need or market opportunity can be identified. The market analysis would be designed to: (1) define the extent of the potential avail- able for various types of downtown land-uses (i.e. , to say what probably will succeed within the growing market framework at the downtown location and, therefore, what might be realistically planned for) ; and (2) provide instruc- tions to the planning consultant's staff as to the building blocks available to the downtown location over the near and long terms, and the demands to which the downtown's plan for improvement might be scaled. Carefully structured market analyses would be developed for each use to be studied. Each such evaluation would thoroughly assess the applicable supply and demand factors, and lead to a definition of the new space development potentials for each use which accrue to downtown Elgin over the short and long terms. The retail analysis would examine the prospects for attracting additional merchants into the study area, and investigate the area's expansion op well as theme possibilities after taking into account the impact of el5cistent competitive retail centers. The office study would encompass the demands for various types of downtown-suited office use (i.e. , financial, gbvernmental, professional, corporate) and determine the absorption capacity for these kinds of office space in terms of quality and price. Analysis of the economic, . locational and market constraints to the achievement of the estimated downtown spatial potentials for selected other commercial uses (i.e. , services - personal, business, repair, amusement-recreation; and any other such uses for which a market can be identified) would likewise be under- taken. 7 The consultant's analysis of downtown-related multi-family housing potentials would include an inventory of multiple family housing developments in the Elgin area, a forecast of the total multi-family housing unit needs within the com- ity and its various sectors inclusive of downtown, and the market opportunity atailable to the downtown location for such development in terms of type and nOnber of units, rental or pricing structures most marketable and rental/owner unit absorption timetables. EN )-PRODUCT: Work paper summarizing the results of the various CBD-related space use market analyses and conclusions as to the amount and types of space use development potentials which accrue to CBD study area, and providing instructions to downtown study task force and planning consultants as to the overall space use demands and mix which the downtown and central area neighborhood revital- isation plans might be scaled to. TASK 105: Subarea Improvement Potentials OBJECTIVE: To quantify the improvement potentials which specifically accrue to designated subarea components of downtown Elgin. DISCUSSION: The prior work task will establish the timing and level of market support for downtown-related uses in downtown Elgin, and identify the overall quantities of space that would be warranted over the projected improvement program time frame. This work task would identify the specific development projects that would be warranted downtown, specify the sites or locales in which these improvements potentials might best be expressed to achieve maximum impact , suggest the best types of tenants for available spaces or redevelopable sites to ideally effect an appropriate use mix or merchandising balance, and provide a basis for determining optimum development staging geared to probable market absorption relative to each type of use. This task would lead to specific recommendations as to the optimum configuration of individual projects their most appropriate locations, and best tenant/space mix composition, when judged from the standpoint of the physical/market/economic/political/ environmental constraints which would apply. Attention would specifically be directed to such subareas as the retail core, the South Grove Street area, the office core, the eastern CBD periphery, the area north of the Civic Center, and the "gateway" area west of the Fox River. . . in suggesting which improvements/projects would best be suited for each area, and recamnending how the existing use patterns in these areas might best he altered to enhance the area's economic viability. l ) PRODUCT: Work paper summarizing preliminary recommendations for the improvement of selected downtown Elgin subareas, identifying the specific uses or projects and use mixes warrant-ed. 8 TASK 200: Review of Past Plans, Reports, and Documents OIU CFIVE: To review all existing reports, studies and other doti.unents which V— may have a bearing on the study. I1SCIiSSION: It is essential that all previously prepared reports; studies and tither docunents having a bearing on this assignment be assembled and reviewed to determine (a) the validity of past assumptions, goals and conclusions re- garding existing conditions and future potentials within the downtown study area; (h) whether there arc conflicts with respect to these past assumptions, goals and conclusions; and (c) the status and utility of previously collected background data and material, and whether data gaps exist which should be filled. This task will also result in the identification and classification of background information which may be useful to the assignment, and will provide the basis for determining what new surveys and inventories will be redo i red. END PRODUCT: An overall understanding of applicable assumptions, goals, and other information considered to be useful to the assignment. TASK 201: Planning and Design Inventories OBJECTIVE: • To inventory, record, and evaluate data on the physical condition and characteristics of the downtown study area which may have a bearing on the revitalization study. DISCUSSION: The existing development pattern and environmental conditions within the downtown area will have a major influence on revitalization and development potentials in the study area. While the city has already collected a range of information related to the study area, certain new surveys and inventories will likely he required both to supplement and update the existing data base. The following field reconnaissance activities will be undertaken, as needed: a. Exiotinj Lund-ua . A parcel-by-parcel survey will be undertaken of all land areas within the downtown study area. Survey personnel will utilize the Standard land-use Coding Manual in recording the specific use of each building and parcel in the community. Field data will be mapped and analyzed to identify functional land-use areas, compatible and incompatible relationships, areas of underdevelopment, and apparent opportunity for intensification and development. I1. Bui1diny CouJ !.LO,t 3uvvcf. An exterior survey of the physical condition of all buildings in the study area will be undertaken, including resi- dential , commercial , and industrial construction. Survey personnel will utilize NIPC Quality Survey Manual system. Field data will- be mapped and analyzed to identify basically sound buildings and areas aid deteriorating buildings and areas. - 9 • c. Traffic and Parking Analysis. An analysis will be made of external traffic connections and internal circulation systems serving the overall downtown and each subarea with specific reference to Street 1 configuration and capacities, truck routes, accident locations, origin and destination of traffic, average traffic flow, andtransit routes and usage. Available traffic and circulation data will be collected from local county and state departments. Field reconnaissance surveys will be conducted to view problem locations and operating condi- tions. The existing parking supply will also be surveyed and analyzed, in terms of type, location, and usage. Field surveys will be used in conjunction with earlier parking studies to determine the adequacy of the existing supply, and the specifics of any deficiencies that exist. d. Environmental Analysis. An analysis of special environmental features within the downtown study area will be undertaken, including significant natural features, unique building groupings and special design resources and other streetscape and visual features. This analysis will also include a review of pedestrian movement within the area and the overall character of the pedestrian shopping environment. c. Public Utilities Analysis. Where available, existing data on the con- dition, location and capacity of public utilities within the study area will be assembled and reviewed. f. Municipal Codes Analysis. A review will be conducted of the various development and maintenance codes currently enforced in the downtown, including the zoning ordinance and building code. The implications of existing codes on downtown revitalization will be identified, and deficiencies and possible modifications presented. END PRODUCT: Work paper and accompanying graphics summarizing the results of the reconnaissance studies. TASK 202: Identify Financial Resources OBJECTIVE: To identify financial resources which may be made available to assist in the implementation of an action program in downtown Elgin. DISCUSSION: The various means for financing projects and improvements in the downtown would be investigated, and the applicable funding alternatives and procedures for obtaining such funding would be identified. The complete ringe of possible resources would be inventoried--with the emphasis on finan- cial resources, but also including public, private, and institutional assists which might be utilized. Possible federal, state, regional and local funding sources might include, for example, a variety of available federal grants, special service or assessment districts, tax incentives or abatements, revenue bonds, general oUligation bonds, private endownments, the use of-tax increment financing, and certain private sector sources. 10 This information would permit identification of the potential funding problems and gaps, as well as the formulation of a summary statement specifying the most a ropriate funding mechanisms for Elgin's downtown programs in t-rms of a licable procedures, timing and ranges of dollars available, and an assess- it of the difficulty obtaining these resources. ERD PRODUCT: Work paper summarizing potential financial resources, their availability, procedural requirements, and resource gaps or deficiencies. TASK 203: Key Person Interviews OBJECTIVE: To interview key persons and to obtain first-hand impressions and perceptions about the strengths and weaknesses of the down- town and opportunities for improvement and development, and to secure other information which may be useful to the assignment. DISCUSSION: Interviews with key persons will be undetaken in order to obtain first-hand impressions and perceptions about the strengths, weaknesses and opportunities of the downtown study area. Rather than conducting a struc- tured attitude survey, the interviews will be organized to allow correlations and comparisons with respect to local impressions and perceptions. Addi- tionally, each interview will attempt to secure additional information regarding the existing economic climate which may be of benefit to the study. Representatives from business, government, local lending institutions, area merchants and neighborhood residents will be contacted. Interviews will focus on the perception of existing conditions in the area: problems, needs and potentials. END PRODUCT: Work paper summarizing local impressions and perceptions regarding the strengths, weaknesses and potentials and other information considered to be useful to the assignment. TASK 300: Synthesis Needs, Issues, Opportunities OBJECTIVE: Bring together all findings and conclusions from Tasks 100-203 into a synthesized statement of (a) the needs, opportunities and constraints related to improvement and development in the downtown study area, and (b) the economic overview for develop- ment generally in the downtown, and the special improvement potentials of the various subareas. IISCUSSION: The findings and conclusions derived from Tasks 100-203 must bp brought together into a synthesized statement highlighting needs, oppor- tunities and constraints. The key findings must be highlighted in a manner which will facilitate local review and discussion. It is essential that agreement be reached on the problems and needs of the downtown study area before any discussion of plan and program choices or strategies. Accordingly, this information must lead to a local working conference or forum on the 11 . • I issues--needs, opportunities and constraints. The synthesis of materials will be undertaken by the consulting team with involvement of local staff prior to • ' public discussion of issues. died on the work completed in previous tasks, the consulting team will sum- miize the findings and recommendations comprising the downtown economic and _ mLPrket analysis. This will be prepared as an economic overview to help guide future planning and development decisions related to development activities in this area. END PROI)l1cf: Work paper summarizing the needs, opportunities, and constraints within the downtown study area. TASK 4(J(h Working Conference This task is designed to create a common informational threshold for all study participants. It is recommended that this involve study team members, local officials and local staff to identify goals and objectives based on the needs and opportunities derived from the previous tasks. The key is to elicit con- sensus at this point to serve as a basis for proceeding into the next phases. 1 41) PRODUCT: (a) Agreement on goals, objectives, and assumptions. (b) A basis for the preparation of alternative planning and design concepts and development scenarios. Ph ASli 11 Phase 11 will focus on the preparation and testing of alternative develop- ment plans for the downtown, high-priority project opportunities with the various subareas, and overall strategies for downtown improvement and develop- ment action. It will involve close cooperation between economic and physical planning members of the project team, as well as key local staff and public officials. It will conclude with a major working conference to review and select preferred plan alternatives. TASK S00: Alternative Development Concepts OPII:C1'IVI;: Prepare alternative planning and development concepts for the overall downtown and its various subareas. IUSCUSSION: The economic overview will provide an indication of the possible future character and role of the overall downtown as well as its various sub- areas. The field reconnaissance studies will indicate the specific needs and patentials of each area. This task will include the preparation of alterna- tive development and financial plans which reflect this future role and focus on the special planning and development needs of each specific subarea. Func- tional land-use and circulation concepts will be graphically depkcted and will include the general location of various land-use activities, areas for preserva- 12 • tion and rehabilitation, opportunities for new development, vehicular and pedestrian circulation patterns, parking locations, and alternative inter- relationships between commercial areas and surrounding neighborhoods. 44D PRODUCT: Graphics and supporting text illustrating and describing alternative planning and development concepts. TASK 501: Alternative Project Opportunities OBJECTIVE: To identify potential improvement projects and actions which could be undertaken within downtown's various subareas. DISCUSSION: An important part of the downtown planning study will be the identification of specific projects and actions which might be undertaken to improve and revitalize the various subareas in downtown, including the retail core, office district, South Grove Street area, the northern indus- trial area, the west side gateway area, and the mixed residential area on the eastern periphery of downtown. This task will identify specific project possibilities which might be undertaken within these areas, and may include priority rehabilitation projects, design studies for new development packages, streetscape improvements, specific parking projects, etc. These potential projects will be described in sufficient detail to allow the local study team to select those projects which most merit more in-depth study and refinement. END PRODUCT: Identification and description of potential subarea project opportunities. TASK S02: Alternative Programs, Strategies, and Resources OBJECTIVE: To evaluate preliminary programs, action alternatives, and strategies, and to evaluate the availability and applicability of various resources and tools. DISCUSSION, This task will begin to focus on the actions which may be required to bring about improvement and development in the downtown. Alternative scenarios, including expansion, consolidation, reduction, phase-out, etc. , will be evaluated in light of (a) limitations of the marketplace, and (b) local capabilities to undertake program actions, such as rehabilitation, installation of public improvements and supporting facilities, and land assembly. These must also be measured in light of the limitations on re- sources to undertake not only the above physically-oriented actions, but also the full range of technical and financial assistance in the "software" area, i.e. , financial packaging, small business assistance, minority busi- ness asssistance, technical training, etc. A first cut at alternative strategies and program "mixes" is essential at this point to correspond to 'the physical planning evaluation being undertaken in Tasks 600 and 601. END PRODUCT: Preliminary statement of program, strategy, and resource scenarios. 13 • TASK S03: Economic Review and Comment OBJECTIVE: To review the alternative planning concepts and project recommen- dations with respect to their economic implications. _s I DgSCUSSION: The economic consultant will review the alternative planning con- cepts and project recommendations in order to identify and quantify the economic implications of the proposals. For example, redevelopment and/or land-use designations will be tested against marketability findings to ascer- tain the realism of such proposals. This will also provide valuable input to Task 600, which follows. While this task is shown as a discreet work item, it in fact will be completed on an interactive basis with the planning con- sultants. END PRODUCT: Economic evaluation of alternative planning concepts and project potentials. TASK 600: Evaluation of Alternative Concepts and Programs OBJECTIVE: Compare and evaluate the relative merit and impacts of alterna- tive development concepts, projects, and programs for the down- town study area. DISCUSSION: The consultant, in cooperation with local staff, will prepare a list of criteria for comparing and evaluating the alternative development concepts for the downtown. Utilizing these criteria, which will focus upon important economic/social/cultural considerations, the consultant will prepare a "first-cut" evaluation of the relative merit and impacts of undertaking each alternative. The consultant's evaluation will not be presented as a recommen- dation, but rather as a tool for generating local review and comment. Local policy-makers and local staff will also be requested to conduct their own evaluation, utilizing a similar format. The evaluations and inputs thus described would provide the basis for possible refinements to the comparative development concepts, and ultimately to the formulation of improved, more acceptable improvement schemes. EM) PRODUCT: Work paper listing the evaluation criteria, explaining the evaluation format, and summarizing the consultants' initial evaluation of the six-block study area alternative development concepts. TASK 700: Working Conference This task is designed to facilitate local review and comment regarding plans, project, and program alternatives. It is recommended that this include study team members, local officials, and staff, and that it be focused on developing a consensus on plan and program components. END PRODUCT: Agreement on concept plan, projects, and preliminary action program for the overall downtown area and its various subareas. 14 • PHASE I 1 I Phase III will involve finalizing plan, and project recommendations, and tile preparation of a management program for scheduling, financing, and imple- ienting improvement and development recommendations. It will conclude with a major working conference to review draft versions of the plan components. TASK 800: Refine Development Plan OBJECTIVE: Refine and finalize the agreed-upon development concept for the overall downtown study area. DISCUSSION: Based upon the results of the working conference, the consultant will refine and finalize the planning and development concept for the down- town study area. Final plans will include recommendations for overall land- use and circulation systems as well as specific opportunities for rehabilita- tion action, redevelopment, and the strengthening of relationships between commercial and residential areas. General indications of acquisition, reloca- tion, demolitior:, and site clearance, and public improvements will also be included. END PRODUCT: Final graphics and draft text illustrating and describing recom- mended planning and development actions to be undertaken, in- cluding financial and economic impacts. TASK 801: Refine Project Recommendations OBJECTIVE: Refine recommendations for high-priority subarea project oppor- tunities. DISCUSSION: Based on the results of the working conference, the consultant will conduct special planning and design studies of those specific projects which the local study team judge to be most important. Final project recom- mendations may include preliminary design and development schemes, cost estimates, and implementation possibilities. END PRODUCT: Graphics and supporting text illustrating and describing final planning and design recommendations for high-priority subarea projects. TASK 802: Refine Development Strategy OBJECTIVE: Prepare a final development strategy for downtown study area. I)1SCUSS1ON: Working with local staff and policy-makers, a refined development strategy will be prepared to guide the implementation of the downtown improve- ment and revitalization program. This strategy will focus on the relationships of timing, needs, and resources and will seek to identify the optimum arrange- ment of activities and resource commitments to achieve project objectives. The strategy will be designed to secure the maximum leverage out of the commitment of public resources pledged to the program. 15 ENI) PRODUCT: A final development strategy for the downtown area. I SK 803: Prepare Management Plan OBJECTIVE: A management plan linking the various requirements and respon- sibilities of the development DISCUSSION: A management plan will be prepared linking together staff require- ments, scheduling and the timing and sequence of activities. This management plan will be designed to permit performance-oriented review and monitoring. Based on the development strategy and the timing and sequence of activities, a resource plan will be prepared showing the timing, amount and requirements of each distinct resource needed to support the programs. Where applications are required to other governmental units, appropriate lead times will be shown for application preparation and review. Project activities will be scheduled so that their timing and sequence will contribute to the successful implementation of the respective plans. The timing and sequence of activities will be shown both in calendar and precedence network formats and will show when public and/or private commitments must be made. The consultant will make recommendations for local review with respect to staffing requirements for the proposed projects. Staffing recommendations will cover both administrative and technical requirements and will be related to realistic estimates of workload activities in each technical area of project implementation. This plan will also show relationships to other ongoing city agencies as necessary. ENI) PRODUCT: A recommended management plan for the downtown improvement and development program. TASK 900: Working Conference This task is designed to facilitate final review and comment regarding draft versions of the final development plan, project recommendations, development strategy and overall management plan. END PRODUCT: Agreement on final plan, project, strategy, and management plan components. PREPARE FINAL REPORT At the conclusion of the study, a final report will be prepared describing the overall downtown development plan, project recommendations for various downtown subareas, the development strategy, and the management plan. Fifty (50) copies of the final plan report would be submitted to the city. 16 • HUD-621 B U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT RENEWAL ASSISTANCE ADMINISTRATION (5-76)PDC I CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES PART 11 - TERMS AND CONDITIONS 1 . Termination of Cont:ect for C:tise. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Con- tract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shall , at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shal ! not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor, and the Local Public Agency may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the Contractor Is determined. 2. Termination for Convenience of Local Public Agency. The Local Public Agency may terminate this Contract any time by a notice in writing from the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been performed upon the effec- tive date of such termination, the' Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under tills Co.trect) incurred by the Contractor during the Contract period which are directly attrihutable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. 'Mangos. The Local Public Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's com- pensation, which are mutually agreed upon by and between the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. . i f • MUD-2618 -2- (5-76)PDC 4. Personnel . a. The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual re- lattonship with the Local Public Agency. I - b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to per- form such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under this Contract. 5. Anti-Kickback Rules. Salaries of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law or permitted by the applicable regulations issued by the Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (46 Stat. 948; 62 Stat. 740; 63 Stat. 108; title 18 U.S.C. , section 874; and title 40 U.S.C. , section 276c) . The Con- tractor shall comply with all applicable "Anti-Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by subcontractors with such regulations, and shall be res- ponsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor thereunder, the Local Public Agency shall withhold from the Contractor out of payments due him an amount sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local Public Agency for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims rnd Disputes Pertaining •o Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the Local Public Agency for the latter's decision which shall be final with respect thereto. 8. Equal Employment Opportunity,. During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed; c...-!' tH `. employees r;:e .•trc- tcd during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and r • HUO-6218 -3- (5-76)PDC selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of this nondiscr_Imina- tion clause. b. The Contractor will , in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sex or national origin. c. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or sub- contracts for standard commercial s4pplies or raw materials. d. The Contractor will be certified as an EEO Affirmative Action Employer as prescribed by Chapter 3. 100 of the Code of the City of Portland. Details of certification requirements are available from the Contract Compliance Division, Room 322 City Hall , 1220 S. W. Fifth Avenue, Portland, OR 97204, telephone 248-4696. 9. Employment Opportunities for Businesses and Lower Income Residents in the Project Area. The Contractor, in connection with work covered by this Con- tract shall provide, to the greatest extent feasible, opportunities for training and employment to lower income residents of the project area; and shall award, to the greatest extent feasible, contracts for work, in connection with the pro- ject, to business concerns which are located in or owned in substantial part by persons residing in the project area. Contractor agrees to incorporate or cause to be incorporated in all contracts between Contractor and one or more subcon- tractors the following provisions which are hereby made a part of this Contract: a. The work to be performed under this contract is on a project assisted under a program providing direct federal financial assistance from the Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all appli- cable rules and orders of the Department issued thereunder priorto the Execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. • y • 1 . r • HUD-621B (5-76) PDC c. The Contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. Contractor will include this section 3 clause in every subcontract for work in connection with the project and will , at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor Is in violation e regulations issued by the Secretary of Housing and Urban Development, 24 CFR 135. The con- tractor will not subcontract with any subcontractor where It has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract un- less the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these re- ' gulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. 10. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Contract shall be discharged or in anyway discriminated against because he his filed any complaint or instituted or caused to be instituted any proceeding or has testified or is ehout to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 11 . Compliance with Local Laws. The Contractor shall comply with all appli- cable laws, ordinances, and codes of the State and local governments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. 12. Subcontractinq. None of the services covered by this Contract shall be subcontracted without the prior wr' tten consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. HUD-621B (5-76)PDc -5- 13. Assignability. The Contractor shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether.by assign- ^pnt or novation) without the prior wiitten approval of the Local Public Agency: Provided, however, that claims for money due or to become due the Contractor rrom the Local Public Agency under this Contract may be assigned to a bank, trust company, or other financial institution, or to a Trustee in a Bankruptcy, without such approval . Notice of any such assignment or transfer shall be furnished promptly to the Local Public Agency. 14. Interest of )Members of Local Public Agency. No members of the governing body of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 15. Interest of Other Local Public Officials. No member of the governing body of the locality in which the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. 16. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 17. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above- described Project Area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no per- son having any such interest shall be employed. 18. Findings Confidential . All of the reports, information, data, etc. , pre- pared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any individual or organi- zation without the prior written approval of the Local Public Agency.