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
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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.
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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
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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
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Title
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Date
KJE/ag
cc: L. Eichhoxn M. Paskex W. Eipperle
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Finishes and Furniture Agreementdoc