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Signed Contracts_Grand River Center Projectsr 1 THE CTTY OF Dubuque D~ ~ ~ AN-America Cd11 Masterpiece on the Mississippi 2007 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Grand River Center Projects DATE: August 31, 2009 Attached is an agreement for services from the Durrant Group to help prepare bid documents for replacement of carpet in the Ballrooms, painting the Ballrooms, selection of new furniture for main areas, and investigate replacement of the fabric wallcovering. These services will be provided on an hourly basis and should not be real time consuming. Please sign the back page and return to me. Thanks. GDS:et attachment r DURRANT' Agreement for Services Date: August 31, 2009 400 Ice Harbor Drive Dubuque,lA 52001 Client: City of Dubuque Leisure Services T 563.583.9131 F 563.557.9078 Add~zss• 2200 Bunker Hill Rd. Dubuque, IA 52001 www.durrant.com Billing Address: Same Contact Name/Title: Gil Spence Phone: 563-589-4264 Email.• gspence@cityofdubuque.org Consultant: The Durrant Gxoup, Inc. Architecture Address: 400 Ice Harbor Drive Engineering Dubuque, IA 52001 Planning Contact Name/Title: Kevin J. Eipperle, AIA, LEED®AP, Managing Principal Project Delivery Phone: 563-583-9131 Financing Fax.• 563-557-9078 Interior Design Email.• keipperle@durxant.com Graphic Design Pro'ect Grand River Center Carpet Replacement, Finishes, and Furniture Dubuque, Iowa Project Description Selection of carpet for Ballroom, finish to replace fabric wallcovering. Denver, CO Scope of Basic Services Des Moines, IA Dubuque, IA Select and research carpet, finishes, and furniture. Honolulu, HI Develop bid quote documents. Phoenix, AZ Inspect installation. Tucson, AZ Compensation for Basic Services The Consultant will be compensated for the basic services based on an hourly fee as follows: ~ City of Dubuque Leisure Services - ] Grand River Center Carpet Replacement, Finishes, Furniture ~ August 31, 2009 Page 2 of 6 Managing Principal $210.00 Interior Designer $100.00 Clerical $80.00 Reimbursable Exjpenses Reimbursable expenses will be billed at 1.25 times the cost to Durrant. These expenses include but are not limited to the following: • Expense of transportation in connection with the project at the current IRS rate per mile fox auto; lodging and per diem expenses in connection with out-of--town travel; long-distance and electronic communications; postage and express delivery. • Expense of reproduction including CD ROMs, mylar sepias, photographs, specifications and other documents, excluding reproductions for Durrant office use. • Expense of models, renderings, or computer generatedvisualizations/animations, beyond those agreed to as part of the scope of work. Client's Responsibility • The Client shall make available to the Consultant full information on the Client's intent with regard to the project requirements. • The Client will keep the Consultant advised of any changes to the project requirements that may affect the Consultant's work. • The Client will make available to the Consultant plans, layouts, drawings, reports, etc. of existing building and survey of properties. Supplemental Additional Services (To be provided by the Consultant only upon direct authorisation by the Client) • Services and/or consultation not specified and/or in excess of those indicated in the Scope of Basic Services. • Revisions to previously approved drawings and documents. • Meetings, conferences, and field trips in excess of those included within Basic Services. P:\Ptojects\08073.02 Gread Rivet Cente: -Ball Room Finishes\WP\bIISC\Conttact-Agreement\Grand Rivet Crntet Cupet Replacement, Finishes and Furniture Agteemrntdoc City of Dubuque Leisure Services ~ Grand River Centex Carpet Replacement, Finishes, Furniture August 31, 2009 Page 3 of 6 Outside Consultants When professional consultants outside the Durrant staff are required, their services will be billed to the client at 1.15 times the amount billed to Duxxant. Other Conditions Ownership of Instruments of Service. All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Consultant, as instruments of service shall remain the property of the Consultant. The Consultant shall retain all common law, statutory and other reserved rights, including the copyright thereto. ADA. The Architect does not warrant this project to be in compliance with the Americans with Disabilities Act (ADA) of 1990 as published in the Federal Register, June 1990. The ADA is a civil rights act and is subject to legal interpretation through the judicial process. The Architect has exercised reasonable care in interpreting the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG) issued by the federal Access Board, but cannot anticipate the interpretation resulting from the judicial process. Limitation of Liability. Neither the Architect (Engineer or Construction Manager), the Architect's (Engineer ox Construction Manager) consultants, nor their agents or employees shall be jointly, severally or individually liable to the Owner in excess of the compensation (or a specific amount that is less than the current policy amount) paid pursuant to this Agreement by reason of any act ox omission including breach of contract or negligence not amounting to a willful or intentional wrong. • Attorneys' Fees. In the event of any litigation arising from ox related to this Agreement or the services provided under this Agreement, the prevailing party shall be entitled to recover from the nonprevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation. • Photography. The Architect shall have the right to include representations of the project design and design documents inclusive of photography of the completed project among the Architect's promotional and professional materials. The Architect retains the right to submit the project fox consideration in various publications and a~yard programs. Mediation. In an effort to resolve any conflicts that arise during the design and construction of the project ox following the completion of the project, the Client and the Consultant agree that all disputes between them arising out of or relating to this P:\Projects\08073.02 Gtand River Center - BaIl Room Finishes\WP\iVIISC\Conttact-Agreement\Gtand River Curter Catpet Replacement, Fiaishes and Furniture Agreementdoc City of Dubuque Leisure Services Grand River Center Carpet Replacement, Finishes, Furniture August 31, 2009 Page4of6 Agreement or the project shall be submitted to nonbinding mediation unless the parties mutually agree otherwise. The Client and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with their subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between the parties to all those agreements. Definition of "Hazardous Materials." As used in this Agreement, the term hazardous materials shall mean any substances, including but not limited to asbestos, toxic or hazardous waste, PCBs, combustible gases and materials, petroleum or radioactive materials (as each of these is defined in applicable federal statutes) or any other substances under any conditions and in such quantities as would pose a substantial danger to persons or property exposed to such substances at or near the project site. Hazardous Materials-Suspension of Services. Both parties acknowledge that the Consultant's scope of services does not include any services related to the presence of any hazardous or toxic materials. In the event the Consultant ox any other party encounters any hazardous or toxic materials, or should it become known to the Consultant that such materials may be present on or about the jobsite or any adjacent areas that may affect the performance of the Consultant's services, the Consultant may, at its option and without liability for consequential or any other damages, suspend performance of its services under this Agreement until the Client retains appropriate consultants or contractors to identify and abate or remove the hazardous ox toxic materials and warrants that the jobsite is in full compliance with all applicable laws and regulations. Hazardous Materials Indemnity. The Client agrees, notwithstanding any other provision of this Agreement, to the fullest extent permitted by law, to indemnify and hold harmless the Consultant, its officers, partners, employees and consultants (collectively, Consultant) from and against any and all claims, suits, demands, liabilities, losses, damages or costs, including reasonable attorneys' fees and defense costs arising out of or in any way connected with the detection, presence, handling, removal, abatement, or disposal of any asbestos or hazardous or toxic substances, products or materials that exist on, about or adjacent to the project site, whether liability arises under breach of contract or warranty, tort, including negligence, strict liability or statutory liability ox any other cause of action, except fox the sole negligence or willful misconduct of the Consultant. P:\Projetcts\08073.02 Grand River Curter -Ball Room Finishes\WP\MISC\Contrect-Agreement\Grand Rivet Center Carpet Replacement, Finishes and Furniture Agreementdoc City of Dubuque Leisure Services Grand River Centex Carpet Replacement, Finishes, Furniture August 31, 2009 Page 5 of 6 • Waiver of Claims for Hazardous Materials. In consideration of the substantial risks to the Consultant in rendering its services in connection with the project due to the presence or suspected presence of hazardous materials at or near the jobsite, the Client agrees to make no claim and hereby waives, to the fullest extent permitted by law, any claim or cause or causes of action of any kind, including but not limited to negligence, breach of contract ox warranty, either express ox implied, strict liability or any other causes, against the Consultant, its officers, directors, partners, employees or subconsultants (collectively, Consultant), which may arise out of ox may in any way be connected to the presence of such hazardous materials. The Client acknowledges that the Consultant is not and shall not be required to be in any way an "arranger," "generator," "operator," ox "transporter" of hazardous materials present at or near the project site, as these terms are defined in applicable federal or state statutes. Jobsite Safety. Neither the professional activities of the Consultant, nor the presence of the Consultant or its employees and subconsultants at a construction/project site, shall relieve the General Contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques ox procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Consultant and its personnel have no authority to exercise any control over any construction contractor ox its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, the Consultant and the Consultant's subconsultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. The terms and conditions set forth in this Agreement shall be in effect for a period not to exceed three (3) calendar months from the date of acceptance. In the event that terms and conditions of this Agreement have not been completed in that time, the terms of this Agreement shall become negotiable by both parties. • The parties agree that there shall be no assignment of this contract unless mutually agreed upon in writing. • This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. The Consultant shall be due compensation and reimbursable expenses up to date of notification of termination. The laws of the States of Wisconsin and Iowa shall govern this Agreement. P:\Ptojects\08073.02 Gzand Rivez Centet -Ball Room Finishes\WP\bIISC\Conttact-Agteement\Gtand Rivet Centet Carpet Replacement, Finishes and Furniture Agteementdoc City of Dubuque Leisure Services Grand River Centex Carpet Replacement, Finishes, Furniture August 31, 2009 Page6of6 Payment • All payments shall be made to Durrant and are due and payable 10 days from the date of the invoice. Accounts for which full payment is not received within 25 days of invoice date shall be assessed a service charge and additional charges every 30 days thereafter at 12% APR. Please let me know if you wish additional information ox clarification of our proposal. If you are in agreement with and wish to authorize us to proceed with the project as delineated herein, please return one signed copy to our office. We sincerely appreciate your consideration of our firm. We look forward to helping you with this challenging and important project. ACCEPTANCE SIGNATURES Durrant Signature Kevin ). Eipperle, AIA, LEED®AP Name Managing Principal Title August 31, 2009 Date City of Dubuque Signature ~,~Nj~alme~~'~ Title ~~G~4~ Date KJE/ag cc: L. Eichhoxn M. Paskex W. Eipperle P:\Projects\08073.02 Grand Rivet Ceater -Sall Room Finishes\WP\n'IISC\Contract-Agreement\Grand Rivet Ceatez Carpet Replacement, Finishes and Furniture Agreementdoc