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HomeMy WebLinkAbout06-276 Resolution No. 06-276 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH CHRISTOPHER J. CUNDIFF FOR DESIGN SERVICES FOR THE VETERANS MEMORIAL PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Agreement with Christopher J. Cundiff on behalf of the City of Elgin for design services in connection with the Veterans Memorial Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: November 29, 2006 Adopted: November 29, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT No-vs THIS AGREEMENT is hereby made and entered into this Qday of weber 2006 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Christopher J. Cundiff(hereinafter referred to as "Designer"). WHEREAS, the City has determined it to be in the best interests of the citizens of the City and beneficial to the general public welfare to provide for a city-owned veteran's memorial (hereinafter referred to as the "City's Veteran's Memorial Project"); and WHEREAS, the City's Veterans Memorial Committee has previously solicited design proposals for the City's Veteran's Memorial Project; and WHEREAS, Designer has provided to the City a proposed design for the City's Veteran's Memorial Project, such design being dated June 15, 2006, consisting of six (6) pages, and being attached hereto as Exhibit A(hereinafter referred to as the "Subject Design"); and WHEREAS, the City Council of the City of Elgin has determined to select Designer's Subject Design for the City's Veteran's Memorial Park Project pursuant to the terms and conditions as provided in this agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. The parties hereto agree that the purpose of this agreement is for the Designer to convey, assign and transfer to the City all rights, title and interest of whatever kind and nature for the Subject Design and to allow for the City's use of the Subject Design in its sole and absolute discretion including, but not limited to, making whatever alterations, changes and amendments to the Subject Design as determined by the City. 2. Designer warrants the following to the City as true and correct: a. The Subject Design is an original artistic and/or architecture work drafted by the Designer. b. The Subject Design is not a copy of any other artistic and/or architecture work. c. The Designer has the right to transfer to the City the copyright and all rights to use and/or copy of the Subject Design. d. The Designer is solely responsible for the Subject Design and has sole right to transfer the Subject Design to the City. e. Designer agrees the Subject Design is not a copy of any other artistic and/or architecture work. f. Designer has the ownership of the common law and statutory copyright to the Subject Design. g. The Subject Design is not subject to any other common law copyright. h. The Subject Design is not subject to any other statutory copyright. i. Designer is able and willing to transfer the complete and total common law copyright to the Subject Design to the City. j. Designer is able and willing to transfer any and all right to a statutory copyright to the Subject Design to the City. k. Designer states he is an adult, duly authorized to transfer the complete and total ownership and copyrights of the Subject Design to the City. 3. Designer hereby conveys, assigns and transfers the complete and total ownership interests of the Subject Design and all rights to use the design to the City. This Agreement is considered to be a Bill of Sale under the law for transfer of ownership of the Subject Design from the Designer to the City. 4. Designer hereby conveys, assigns and transfers all rights to any copyright, either common law copyright and/or statutory copyright issued by any government or other entity for the Subject Design, to the City. 5. Designer acknowledges the City may use the Subject Design in any manner it believes is appropriate without consent of the Designer. The City may in its sole and absolute discretion use, amend, change, add, revise, alter, reduce or adopt the Subject Design in any manner it may choose. Designer further acknowledges that the City, without limitation to use, amend, change, add, revise, alter, reduce or adopt the Subject Design, may use the Subject Design, or any portion thereof, to design, construct, build and maintain the City's Veteran's Memorial Project. 6. Designer hereby conveys, assigns and transfers all rights for perpetuity to City for use, ownership, copyright, accessory use or other fair use of the Subject Design. Designer agrees to not copy or infringe upon the copyrights granted herein to the City of the Subject Design in the future. 7. City will pay the Designer ten thousand dollars ($10,000.00) for the conveyance, assignment and transfer to the City of the Subject Design and other obligations contained in this Agreement herein. Payment of the money stated herein shall be by a City of Elgin check delivered to the Designer within thirty (30) days of the execution of this Agreement by the Designer and City. 8. Designer agrees to sign and execute any additional documents needed to convey, assign and transfer the complete and total ownership of the Subject Design to the City of Elgin. 2 9. Designer agrees to cooperate with the City to protect the copyright and all other rights thereof of the Subject Design for use of the Subject Design and ownership of the Subject Design by the City. 10. Designer relinquishes all rights, ownership interests, copyrights, authorship, labeling and/or control of the Subject Design to the City in consideration of the promises herein. 11. To the fullest extent permitted by law, Designer agrees to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, agents, attorneys, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief resulting from or arising out of or alleged to be arising out any breach of the warranties by the Designer set forth in Section 2 hereof. 12. Nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co-partners, employment, joint venture, partnership, or other agency relationship between the parties hereto. 13. The terms and provisions of this Agreement shall be severable. In the event any of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. 14. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any dispute and the enforcement of any rights arising out of or in connection with this Agreement shall be in the Circuit Court of Kane County, Illinois. 15. The parties acknowledge they have the authority to enter into this Agreement as their free and voluntary action. 16. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and the Designer and, as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in the terms or provisions, if any, contained herein. 17. This Agreement shall inure to the benefit of, and be binding upon the parties hereto and their respective successors,heirs and assigns. CITY OF ELGIN 1' STOPHER J IFF Mayor NMI Attest: ,r "we_ City Clerk F:\Legal Dept\Agreement\Veteran's Memorial Park-Cundiff.doc 3 i 100' I (DO III a) O •CII pi . i) i. I il iiCMNi• • .,,.. ii \ „ I 'I ■ ■ ii .... SCALE:1"=5' Existing Bike Path TI all= ti ir _ +u ❑ TLX 1ihiA o Illsat ails Top Elevation of Veterans' Memorial Park Designed by Christopher J. Cundiff 1375 Rebecca Ln.#309 847-830-7673 , Hoffman Estates,IL 60169 cjcundiff@yahoo.com EXHIBI • A 6/15/06 t 100' III{ 0 0 / \ � � o G ® C 111111111111111E11 (!) IRE 111 B 111 A Existing Bike Path Q Memorial Main Entrance Arch American Conflict Timeline Wall / POW/MIA Flag o Fountain 0 Multi Tiered Sitting Area w/ Wheel Chair Ramp © Flags:American Flag / State of Illinois Flag / City of Elgin Flag Q Service Branch Monoliths / Service Flags Q River Front Platform w/ Bridge & Recycling Water Cascade Falls ,rte-� -�---• Military hardware Statue Qib Cascading water falls (under bridge 3'-4'elevation change) W Sidewalk (5'w) Railing (40"tall) • Arched bridge (6'w X 1 8L') Concrete platform (8.5'x 43') Cascade water fall are made from tiered flag stone and uses a water pump that recycles river water. It has an approximately 3'-4'height elevation and discharges back into the river. 411101414 Proposed River Front Platform Designed by Christopher J. Cundiff 1375 Rebecca Ln.#309 847-830-7673 Hoffman Estates,IL 60169 cjcundiff@yahoo.com 6/15/06 30' P`' Concrete platform ii Fountain (10'dia) it ,.. „...„ it,::i .fit POW/MIA Flag Post \ Benchh = / Wall �, i Approx 60'circumference I, INDWIWARA 1®CAN WAR CIYILWAR �KAN WORLD WAR I WORLD PARI RORSIN WAR BAY Or PIGS DOMINICAN GRRIADA =ANON PANAMA 4 @'liaiea5® AMOPANDIR R sown",VIFINAAWI MAC I 1.71.1801 0 1351.11101.1861 1M 104 11141311 100.1551 19304073 1011 HOLISM 11634111 183 1883.147 1111.1110 r GO:1 R SOMAiL BOSNIA ROROYO 'MAI:MANl®� �FROOM 1151 1103 18541105 1801 MM- SOM. r 10 hie 1016.11041 116111141111 • 1 likrik. Proposed features of the Timeline Wall Designed by Christopher J. Cundiff 1375 Rebecca Ln.#309 847-830-7673 Hoffman Estates,IL 60169 cjcundiff@yahoo.com 6/15/06 Military service branch Service branch flag poles(6) monoliths(6) '' Outer walk way 18• • �`6 Steps from outer walk Wive, Gr.ss Strip • % % 8"Reis 12"Step 12' iii:4��� rrI' iajN• l.?IA oqs,,r,s � i \s`,�..�.�.;��: /:fir \•.�•�SII��I �0���...I�III `�t� r� rMain Flag Poles�j�--� s"High beveled concrete ume b Dorearommemeanor,nor,Contributttorsm OVeterai IIIIMNIO Oil INIMIII NO -• Ili1 Wheel Chair Ramp 31' 50.8' t + Monolith measurements: Engraved Military branch seals • 5'x 3'x1' Military service branch C•.7/„ ,) est 4 t) 1(*(/ monoliths(6) -r 5 Concrete base pedestal 1 3'—"l T1 T r_ - - . t -N.N.N, 4' lI _ I30'(with curve) I Nis viimpae4 161.0041 ilia.siiiiiii Proposed features of the Main Concrete Platform Designed by Christopher J. Cundiff 1375 Rebecca Ln.#309 847-830-7673 Hoffman Estates,IL 60169 cjcundiff@yahoo.com 6/15/06 N I `•._ r 1 100' I el . . • ,ate i, �;� N. F` In ground lighting dt �' Landscape lightim, illumina\time trees 1 t CD kit CD Light pints .,"`' Flag Stone Cascade"f • In ground lighting Water Fall Lighting . , e‘:elin t.tnderwater 0 - owitain lighting , `ter: ++ 410t {' Landscape lighting ill• illuminating trees ' Proposed Lighting System Design , Designed by Christopher J. Cundiff 1375 Rebecca Ln.#309 847-830-7673 Hoffman Estates,IL 60169 cjcundiff@yahoo.com 6/15/06 c.4OFk- 0. � -IIS c�City of Elgin Agenda Item No. ...Z , V , ,,- /-`.„„,0: E L r fig March 3, 2006 Gi I TO: Mayor and Members of the City Council N RECREATIONAL LEISURE ANO CULTURAL OPPORTUNITIES FROM: Olufemi Folarin, City Manager FUR ALL CITIZENS Michael Millikan, Program M ger SUBJECT: Veterans Memorial Project—Design Competition Request for Proposal PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with the Veterans Memorial Design competition Request for Proposal (RFP) and to convey information regarding a proposed$10,000 award that would be offered for the winning design. RECOMMENDATION rIt is recommended that the City Council approve the RFP report and $10,000 award for the Veterans Memorial Design Competition. BACKGROUND The City Council has previously approved the creation of a Veteran's Memorial. The Veteran's Memorial committee has been working on the creation of this memorial. A request for proposal has been written that will provide the basic elements that design professionals, artists, and other interested parties will use to submit a memorial design. These designs will be reviewed by the committee and a winning design will be chosen. This design will be presented to the City Council and a final design will be commissioned. This proposal has been created as a design competition and the committee is recommending that a $10,000 award be offered for the winning design. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There are sufficient funds budgeted ($250,000) and available ($250,000) in the Riverboat Fund, eiii. account number 275-0000-791.92-36, "Building Structures", project number 039666,"Veterans Memorial" to award the winning design$10,000. Veterans Memorial March 3, 2006 Page 2 \f\,1p.JEGAL IMPACT None. ALTERNATIVES 1. Approve the RFP report and authorize the veteran's memorial committee to proceed with the design competition with a$10,000 award for the winning design. 2. Do not approve the design competition and $10,000 award at this time. Respectfully submitted for Council consideration. Attachments MM/j d City of Elgin, Illinois Veterans Memorial Park N. Grove Ave. and Ann Street Request for Design Competition Submittals ;r x L�1 .�-E,�r•�ze.�,a--� 0c��w%„t{ 3'1 �. .r '`� 'e K4�yr;� x•�,s;s F i.. ,.syjr "� ' ��a a�'w�,t� 1.14 '` �` �` • •_ ii dry• , b,'F-. i �•'�'W�'. • } t?wr+T_T'T1 .... ' V ti , , Table of Contents Overview 1 Design Parameters and Guidelines 2 Timeline 3 General Process for Selection 4 Photos of Memorial Site 5 Design Proposal Application 6 Aerial Photo of Proposed site 7 Overview In April, 2005, the Elgin City Council adopted an ordinance creating the Veterans Memorial Park Committee. The committee is comprised of 11 citizens from various veteran's organizations, the city council, city staff, and the community at large. The committee has been tasked with overseeing the design and development of the Veterans Memorial Park. The committee has been meeting on a regular basis to develop ideas on the proposed park's location and design, methods for financing the park, and activities to involve the community in this process. The committee has developed this design competition to seek qualified proposals for a veteran's memorial which will be the main feature of the park. This competition will result in the selection of a design proposal that will be used to create the veterans memorial. e- 1 • Design Parameters and Guidelines This design competition is open to all interested parties including, design professionals, students, and the general public. All qualified proposals will be considered. The winning design proposal selected by the Elgin City Council will receive a $10,000 award. The person or organization submitting the winning design proposal shall be required to sign over to the City of Elgin all ownership, rights, title and interest to the selected design proposal and all plans, drawings and other documentation relating thereto. The memorial site parameters are listed below. The Veteran's Memorial Park will be situated on land along the West side of N. Grove Avenue approximately at the intersection of N. Grove and Ann Street. The total area for the park has not been determined but it is expected that the Veterans Memorial will encompass an area of approximately 1,000 square feet. The dimensions and layout are flexible and all proposals will be considered. The memorial will be at the east end of the park adjacent to the Fox Valley Bike Path and the Fox River. Pedestrian and bicycle access will be provided to and from the memorial to the bike path system and the river. The committee has determined that the memorial should include the following features: • All services represented. (Army, Navy, Air Force, Marines, Coast Guard, and Merchant Marines.) • Bricks/Plaques for names of both veterans and contributors/donors • Water feature • Lighting system • Public address system • Access to electrical power • Gathering area • Sitting areas • A timeline feature encompassing the military conflicts that have occurred during the City of Elgin's existence. • Flagpoles Optional • Military hardware • The Combat Infantry Badge (Currently on display in the Elgin Civic Center Plaza.) • Military branch related objects Proposals should include a site plan (drawn to scale)which shows all design features, landscaping, and elevations of any structures. A written statement describing the features of the proposal must be included with the application. At this time, a funding �► level has not been determined for the memorial or the park. Proposals should be 2 1" designed without any funding constraints. The final design will determine the amount of funding necessary to complete the project. It is expected that funding will come from corporate donations, private citizens, possible grants, and the City of Elgin. 3 Timeline Proposal package distributed to design groups March 15, 2006 Submission of design proposals to the committee June 15, 2006 Selection of the winning proposal August 30, 2006 Distribution of official design proposal to qualified design groups pending Selection of the final design pending Submission of the final design to the Elgin City Council . pending Fundraising for the Veterans Memorial pending Construction of the Veterans Memorial pending ev 4 General Process for Selection The Veteran's Memorial design competition criteria will be distributed to groups that the committee feels would be interested in this project. Everyone who is interested in this project will be encouraged to submit a design proposal. An official application form is included with this packet. The design proposals should encompass the features listed in this request and should be designed to meet the approximate space requirements. It is the committee's desire that the memorial should be an inviting space that will encourage people to stop and spend some time reflecting on the commitment and sacrifice made by the men and women of Elgin who have served in our nation's Armed forces. Phase one of this process will be to collect design proposals from interested parties. This is a design competition where the committee will review the submitted proposals with the goal of selecting a winning design. If a winning design is selected, by the Elgin City Council, the designer will receive a $10,000 award. These are to be considered general designs where the winning entry will be used to request a final detailed design from qualified groups. The proposed winning design will be submitted by the committee to the Elgin City Council for their consideration. It will then be distributed to interested design groups in the form of an official Request for Proposal (RFP). Official proposals will need to include all elements of the memorial including construction details, a site plan, a landscaping plan, and drawings of the memorial. The committee will review all submitted proposals and a final design will be selected. The proposed selection will be sent by the committee to the Elgin City Council for consideration. Once the final design has been formally approved by the city council, fundraising activities and construction of the memorial will begin. For additional information about this project, please contact Sally Rasmussen at(847) 931-5939 or by e-mail at rasmussen s@cityofelgin.org 5 C • • : { x • • i � • • Looking north at the proposed site. • • • •. • • • View of the proposed site from across the river. C 6 VETERANS MEMORIAL PARK Veterans Memorial Design Application Group Name Company Address Contact Person Contact Numbers: Business Mobile Fax �. E-mail Address Please provide a brief statement of your group's interest in this project: 7 _ ,� �, } F, \ - .,�.4_--_ Aerial Map I, 1 ': i1 '` ..-1. ;1, r to O Memorial site tt , ` VA Ay .•� IN 100 0 00 NIt t '�.l r ,a Nn r...10 001 '.•F :j k' �� •..N Mwla rift CIA•0ZOO• tilt • V ' 'f Iv' .. `_ yry , . � `� _1 Vit. � .„ ` _ ,1 ! ` YI % \M ( OII ,—"i7111',��ti 1,fs i,nf 0 to I. 40� P n �F • Vii` „Y -.1.•, `'3'i - .air t, ",r. F �r ' t t - ;, ( L4. ,. . • - , ' ,.._IE . t .r '- 5 E _ _ rfr— R A 43‘.'. r Ii r .ti A,nn ' , i K C474414" 4 � lk '� �JIJ I c , s ' 1111111 Y it — 1 [l " .5 J - X41 t 1 t [` f I f III l iir--t'- r '1`_... '..�. _.. (.—,r} is -+. 15 8 .c.`OF 640 § City of Elgin Agenda Item No. VIA ice /4'01°1 /0010 F1 010' September 23, 2005 � ��: , TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Olufemi Folarin, City Manage Michael Millikan, Program M ager SUBJECT: Veterans Memorial Site Approval PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a change in the site for the proposed Veterans Memorial. RECOMMENDATION It is recommended that the City Council approve the proposed change in the site location for the Veterans Memorial. BACKGROUND The City has set aside a site west of the new Gail Borden Library along the bike trail for the proposed Veterans Memorial. The Veterans Memorial Committee has determined that the proposed site does not meet their needs. The committee is proposing that a new site be approved for the memorial and is seeking direction from the City Council on this change. The new site is north of the library on a section of land at the former Public Works facility. The site would be just north of the extended end of Ann Street. By moving the site to this location, a memorial can be created that will better fulfill the vision of the committee. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None ANCIAL IMPACT None Veterans Memorial September 23, 2005 Page 2 liv\ LEGAL IMPACT None ALTERNATIVES 1. Approve the proposed change in the Veterans Memorial site 2. Do not approve the change in the Veterans Memorial site Respectfully submitted for Council consideration. MJM Attachments Yf t ,ppVV`.� – Wit, 14-1 s '4 ` �a �I Y E ��`�-l1 i, , ,........,....r..:4:,,,,,:;,,,,.._,..._ ,,,,,,,.,,, ,,,... ,,,,.„.. , P .; I' fit• , 'i. r l 14 ' =� +i rF 1.0.1.0.w t • *J '� 'may iv. - ar ',1.,4„,Nlit. :1":;."Irr _:' t ry y n d1 ! r 0,t:4114it ‘ ' ' "` ". r -s 'crr"`� a.,t.rt` it'.17 '1 tact vr '' ..., , 045 . ' • ' N:C.14!r,i‘i.471 ..-- r:` "i r n a L " T T ' r sVOr,i •�� ice- - A., - mr I:31 st. . „•\**.,) 4 io. - : ' .` _., . _ Tr- a 4, ' / . , , _ A y - 4 ♦ _'r . sl . I i - 41"‘''I‘ :. '' la PI fa-'••.aalli.4 1 } �t r — _ _ ' f, '7 ;; ; ; ♦ r• t pari„ _aS - ,PL .j-.,. ...,,,,,- 31 - " 41 it` ' ' +'• r fit. -...•_, toit7' i•• "'' ,r IfN t e It �T t. z, r-,, I - :.01 j , Veterans Memorial I _ . ,. _,..rte�<�_ -r ,:_ _ y t.. • Site Location y f .. Itwi+.-tea. .4 p•• r.. t1�: t- f' 3; ,'4- 'rd, �:rY _,,,�,,— • e N ', Map prepared by City of Elgin 'I, Department of Community Development-Sept.2005 . g