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HomeMy WebLinkAbout81-1102 TRKLA $1- 110 'tg• LP\ AGREEMENT FOR PROFESSIONAL SERVICRS BETWEEN TRKLA, PE1'1IGREW, ALLEN F PAYNE, INC. AND THE CITY OF ELGIN, ILLINOIS THIS AG EMENT made and entered into this Z ��l day of •v tv4AZer , 1981, by and between TRKLA, PETTI GREW, 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 "CUM") , WITNESSETH THAT: WHEREAS, the CLIENT desires to engage the services of the CONSULTANT to furnish technical and professional assistance in connection with follow- up tasks related to the Downtown Development Study (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 CCNSULTANT agrees to perform in a good and professional manner the following work items: 1. Retail Core. The effort to package a new enclosed retail shop- ping center in the downtown will be continued. This will include a continuation of discussions with both Joseph Speiss and Ackemann's department stores, as well as with potential shopping center developers. Possible candidates for a third major department store anchor within downtown would be contacted. This task may also include additional testing and refinement of design plans for the new center. 2. South Grove Office Development. Liaison with VISA will be maintained in anticipation of final decisions regarding head- quarters design development in the South Grove area. In parti- cular, this would include completion of the traffic impact analysis requested by VISA, and may also include site planning refinements if required. Following local review of the draft Request for Proposals and preparation of a final RFP document, an active search for other office development interests in the South Grove area will be initiated. 3. Housing Development. Following local review of the draft Request for Proposals and preparation of a final document, an active search for housing development interests in the Wellington/Villa area will be initiated. 4. Convenience Center. Negotiations with interested developers regarding new convenience center development on the old watch factory site will be continued. This may include additional design testing or site planning refinement if required. 5. The CONSULTANT will also explore and try to elicit the interest of other development opportunities for the downtown. 6. The CONSULTANT will assist the CLIENT in negotiating any final private development projects to be undertaken in the downtown area as a result of this redevelopment effort, includ- ing assistance in determining local costs requirements and the utilization of financing tools, such as tax increment 2 r , financing and industrial revenue bond financing. B. Services to be Provided by the Client In the event that any 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. If, by reason of any fault of the 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. D. 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 3 r maximum cost for CONSULTANT services under this AGREEMENT is $76,000. 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 CONSULTANT shall submit monthly invoices for costs incurred on the PROJECT during the billing period. All invoices will be accom- panied by a written progress report. Invoices are due and payable no later than thirty (30) days of invoice date. The amount advanced to the CONSULTANT will be deducted from the first invoice. Total billings for services rendered under this AGREEMENT will not exceed the sum of $76,000 without express written authorization from the CLIENT. F. Time of Performance The services of CONSULTANT will begin upon delivery to the CONSULTANT of an executed copy of this AGREEMENT and shall, absent causes beyond the control of the CONSULTANT, be completed within 36S 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, recruit- ment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. H. Excusable Delays The CONSULTANT shall not be in default by reason of any failure in 4 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 such 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 per- form must be beyond the control and without the fault or negligence of the CONSULTANT, and the CONSULTANT shall not be deemed to be in default. I. Extra Work If requested and authorized in writing by the CLIENT, the CONSULTANT 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 administration due to: (a) the prolongation of the AGREEMENT time through no fault of the CONSULTANT, (b) the acceleration 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 required of 5 r � the CONSULTANT other than the visits to the PROJECT as specified in the 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 in this AGREEMENT and attached hereto as Part II, Terms and Conditions (Form 11-621B, and dated February, 1969) . The term "local public agency" in the aforesaid Terms and Conditions, shall mean the CLIENT. IN WITNESS WHEREOF, the CLIENT and the CONSULTANT have executed this AGREEMENT on the date and year first above written. CONSULTANT: CLIENT: TRKLA, PETTIGREW, ALLEN PAYNE, INC. CITY OF ELGIN, ILLINOI ./ /4/ti By: , �� By: President eo Nelson, Cit , Manager Attest:,1 By: V\o._u�t._> -fir. � Title: CLAt $L a 6