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HomeMy WebLinkAbout92-0422 IL Arts Council RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION UNDER THE ILLINOIS ARTS COUNCIL REGRANTING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to execute a grant application for funding under the Illinois Arts Council Regranting Program to promote and assist Elgin' s artistic community, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: April 22, 1992 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk as RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GARY W. ANDERSON & ASSOCIATES, INC. FOR A FACILITY NEEDS ASSESSMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Gary W. Anderson & Associates , Inc . for a facility needs assessment study for the Cultural Arts Commission, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 24 , 1992 Adopted: June 24 , 1992 Omnibus Vote : Yeas 7 Nays 0 Recorded: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk THE AMERICAN INSTITUTE OF ARCHITECTS mar ,t }1rv'1cj AIA Document B727 Standard Form of Agreement Between Owner and Architect for Special Services 1979 EDITION THIS DOCUMENT IS FOR USE WHEN OTHER 8-SERIES DOCUMENTS ARE NOT APPROPRIATE "- THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Nineteenth day of May in the year of Nineteen Hundred and Ninety-Two. BETWEEN the Owner: City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 and the Architect: Gary W. Anderson & Associates, Inc. 333 East State Street Rockford, Illinois 61104 • For the following Project: Cultural Arts Commission Arts Facility Needs Assessment (Include detailed description of Project location and scope.) • The Owner and the Architect agree as set forth below. Copyright 1972, t 1979 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Repro- duction of the material herein or substantial quotation of itS provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIAI • (E)1979 ��Z7 19]� THE AMERICAN INSTITUTE Of ARCHITECTS,1735 NEW YORK AVE., N.W.,WASMINGTON, D.C. 20006 ARTICLE 1 ARCHITECT'S SERVICES (Here list those services to be provided by the Architect underm the Termsick la Conditions ol this Agreement. Note under each service listed the method and means ol compensation to be used, it applicable, as provided We will provide an analysis of the existing " cultural condition " of the community, including, but not limited to existing and projected arts programing,existing and planned facilities for arts programming, and anticipated uses. We will develope a program that will identify needs in terms of uses to be accommodated,potential user groups, space requirements, potential areas of growth, and projected facility costs. We have attached our Activity Chart indicating how we plan to gather information and develop the program. We will be responsible for follow—up interviews with individuals and organizations after the initial contact by the Owner and Arts Commission. Based upon the attached schedule, we estimate our completion to be 11 weeks or no later than August 14, 1992. OWNERS RESPONSIBILITIES: • The Owner will assist in creating a list of organizations, individuals, officials, and other interested citizens that will participate in the outlined process. The Owner will contact all such participants initially for the Charette and the scheduling of interviews. Other review meetings will also be scheduled and organized by the Owner. • • C AIA DOCUMENT 16727 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIAIII • 01979 6727--1979 2 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 2t>Wh TERMS. AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT 55 ARTICLE 2 ARTICLE THE OWNER'S RESPONSIBILITIES PAYMENTS TO THE ARCHITECT 2.1 The Owner shall provide full information regarding 5.1 Payments on account of the Architect's services, and for Reimbursable Expenses as defined in Article 4,shall be requirements for the Project. made monthly upon presentation of the Architect's state- 2.2 The Owner shall designate, when necessary, a rep- ment of services rendered or as otherwise provided in this • resentative authorized to act in the Owner's behalf with Agreement. respect to the Project. The Owner or such authorized 5.2 An initial payment as set forth in Paragraph 10.1 is representative shall examine the documents submitted by the minimum payment under this Agreement. the Architect and shall render decisions pertaining theretopr 5.3 If the Project is suspended or abandoned in whole the Architect'smptly, avoid unreasonable delay in the progress of or in part for mpre than three months, the Architect shall the services. be compensated for all services performed prior to re- 2.3 The Owner shall furnish required information as ex- ceipt of written notice from the Owner of such suspen- peditiously as necessary for the orderly progress of the sion or abandonment, together with Reimbursable Ex- Work, and the Architect shall be entitled to rely upon the penses then due and all Termination-Expenses as defined accuracy and completeness thereof. eing , suspended pfor h 8 more than Project after in three months, the A chittect'ss ARTICLE 3 compensation shall be equitably adjusted. DIRECT SALARY AND ARTICLE 6 DIRECT PERSONNEL EXPENSE ARCHITECT'S ACCOUNTING RECORDS . 3.1 Direct Salary-Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, 6.1 Records of Reimbursable Expenses and?,expenses but does not include the cost of contributions and bene- pertaining to services performed on the basis of a Multiple fits related thereto, whether mandatory or customary, as of Direct Salary or Direct Personnel Expense shall be k Lpt described in Paragraph 3.2, and included in Direct Per- ondthe basis b of generally ailable toaccthepted accounting ner or prOwnes sonnet Expense. aauthorized representative at mutually convenient times. �� 3.2 Direct Personnel Expense is defined as the direct salaries of all the Architect's personnel engaged on the Project, and the portion of the cost of their mandatory' -- } and customary contributions and benefits related thereto, such as employment taxes and other statutory employee • • benefits, insurance, sick leave, holidays, vacations, pen- sions, and similar contributions and benefits. ,cof, shall be iclatinb to l{�is &feculent urthe-bread ARTICLE 4 uks of the A * �' tfa' REIMBURSABLE EXPENSES' 4.1 Reimbursable Expenses are in addition to the Archi- , tect's compensation and include actual expenditures made by the Architect and the Architect's employees and consultants in the interest of the Project for the expenses listed in the following Subparagraphs: • .1 expense of transportation and.living expenses in • connection with out-of-town travel authorized by the Owner, .2 long distance communications, • .3 fees paid for securing approvals of authorities hav- • ing jurisdiction over the Project, .4 reproductions, 5 postage and handling of documents, - TFIe demand Aid I. .6 renderings and models requested by the Owner, _ - � � .7 data processing and photographic production techniques when used in connection with Addi- C, tional Services, l .8 expense of overtime work requiring higher than regular rates, if authorized by the Owner. AIA DOCUMENT 1717 • SPECIAL SERVICES AGREEMENT • JUNE 1979 EDITION • AIA• • 01979 6727—1979 3 • TI1E AMEKICAN INSTITUTE OF ARCHITECTS,173S NEW YOKK AVE., N.W.,WASHINGTON, D.C. 20006 • ARTICLE 9 ARTICLE 8 MISCELLANEOUS PROVISIONS TERMINATION Of AGREEMENT 9.1 Unless otherwise specified, this Agreement shall be governed by the law of the prineipai 8.1 This Agreement may be terminated by either party the•Arehiteet. State of Illinois. upon seven days' written notice should the other party fail substantially to perform in accordance with its terms itets-err--failixes-to-at- 444er•-periy••-te--Ih4-48xsecalmur through no fault of the party initiating the termination. t^ 8.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect • in the event that the Project is permanently abandoned. 8.3 In the event of termination not the fault of the 9.3 The Owner and the Architect, respectively, bind Architect, the Architect shall be compensated for all ser- themselves, their partners, successors, assigns and legal vices performed to the termination date, together with representatives to the other party to this Agreement and Reimbursable Expenses then due.and all Tvnnnia►iun Cx- to the partners, successors, assigns and legal representa- tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement . penses-cfrrec without the written consent of the other. —the- Arc 9.4 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all • prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. • • AIA DOCUMENT 11727 • SPECIAL SERVICES AGREEMENT • fUNE 1979 EDITION • MA• • 01979 6727--1979 4 ' THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N,W.,WASHINGTON, D.C. 20006 ARTIICCLE_10 BASIS OF COMPENSATION The Owner shall compensate the Architect for the services cprovided, rosi e, in accordance with Article 5, Payments to the Archi- tect, and the other Terms and Conditions of this Agreement, ws: 10A ANNNt711kMA XXXXxxxxxxXXXXXXXxxxxxxXXXXXXXXXx XXXX XIKUKMXXXXXXXXXXXXXXX OJPI(AXIUxG(4cr KNUB91xlPKl XI KT 4 WNK CROOKIdleX 10.2 COMPENSATION FOR THE ARCHITECT'S SERVICES, as described in Article 1, Architect's Services, shall be com- puted as follows: (Here insert bans of compensation, including (iced amounts,multiples or percentages,and identity the services to which particular methods of WNW' sauun apply,it necessary.) Compensation will be billed on an hourly basis not—to—exceed $12,500.00. Reimbursable expenses will outlnedn Article 4 of liei over above this contract. Expenses amount. Reimbursable expenses ar shall not exceed $1 ,000.00. Printing costs for final report not included. Hourly Rates are as follows: Principal Project Manager $50.00/hr. Technical $40.00/hr. Draftsman , $30.00/hr. Secretarial $25.00/hr. • • • • 10.3A The multiplier covers clerical time tocompute, review, tabulate, and copy invoices for the billing of reimbuc 10.3 FOR amREIMBURSABLE EXPENSES, described in A1t51times the amounts expended by the Architect, the A 4, and any other items included in Article 11 as rchitect's Reimburs- able Expenses, a multiple of 151 ( 1 employees and consultants in the interest of the Project. • 10.4 Payments due the Architect a dpaid.under thereof,Agt reement legal sharall bear interest from the date payment is due at the rate entered below, or inthe n • c prevailing in the State of Illinois (Here inert any rasa of interest agreed upon.) Nine Percent (9%) (Usury laws and rinural pieces olunder business the location olnhce P oject similar d elsewhere maylocal admit he vel credit duylaws oft p other onsion!Stons at the Owner's p.c he legal advice and Arcb ubt p P P should be ubu,ned with respect to deletion, modihution a other requirements such 4t written disclosures W waivers. e MA DOCUMENT B721 • SPECIAL SERVICES AGREEMENT • IUNE 1979 EDITION • AIM, • (01979 8727--19T4 5 THE AMEKICAN INSTITUTE OF ARCHITECTS,173S NEW YORK AVE., N.W.,WASHINGTON, R.C. 20W6 10.5 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 10.5.1 IF THE SCOPE of the Project or of the Architect's services is changed materially, the amounts of compensa- tion shall be equitably adjusted. 10.5.2 IF THE SERVICES covered by this Agreement have not been completed within four 4 ) months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. ARTICLE 11 OTHER CONDITIONS Compensation will be received no later than 30 days from billing date. • • This Agreement entered into as of the day and year first written above. • OWNER City of Elgin ARCHITE�/ ary W. An on & Associates, Inc. g —� BY: BY: Gary W. Anderson, President MA DOCUMENT 1727 • SPECIAL SERVICES AGREEMENT • IUNE 1979 EDITION • AIA• • ©1979 B727 1979 6 • • THE AMf RICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006