Ulstad, Police remodel Agree
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MEMORANDUM
September 14, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Steven Ulstad Architect - Professional Services Agreement and Payment
Chief of Police Kim Wadding is recommending City Council approval of the agreement
regarding the professional services of Steven Ulstad Architects for the Police
Department Remodeling Project and approving payment in the amount of $9,898.40.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
J!J)/ ~ ~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Kim B. Wadding, Chief of Police
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MEMORANDUM
September 14, 2004
FROM:
Michael C. Van Milligen, City Manager
Kim B. Wadding, Police Chief ~
TO:
SUBJECT: Steven Ulstad Architect - Professional Services Agreement and Payment
INTRODUCTION
The purpose of this memorandum is to seek approval of the attached agreement
regarding the professional services of Steven Ulstad Architects, along with the payment
of $9,898.40 for architectural services and related expenses.
BACKGROUND
The Police Department Remodeling Project is nearing completion. The purpose of the
remodel was to restyle the old investigative area into a new expanded patrol unit. In
preparation, Steven Ulstad Architects were selected as the architect for the project. The
remodel created a new patrol briefing room, offices for Patrol Captains and Lieutenants,
patrol storage areas, and a new operations room for day-to-day patrol operations.
DISCUSSION
When Steve Ulstad of Steven Ulstad Architects was initially selected, the fee for
professional services was established at $8,900 plus expenses. The expenses were
estimated at 10% of the contract. As the project nears completion, Steve Ulstad has
submitted the attached owner-architect agreement and an invoice in the amount of
$9,898.40. Included in the invoice are professional services of $8,900 and expenses of
$988.40. Barry Lindahl has reviewed the agreement.
RECOMMENDATION
I would recommend acceptance of the attached agreement and the payment of
$9,898.40 to Steve Ulstad Architects for their architectural services and expenses.
ACTION REQUESTED
Request City Council approval of the attached agreement with Steve Ulstad Architects
and the payment of $9,898.40 for professional services and expenses.
cc:
Dawn Lang, Budget Director
Jeanne Schneider, City Clerk
Barry Lindahl, Corporation Attorney
August 27, 2004
Steven Distad Architects 1ll0 Bluff, Suite 102, Dubuque, Iowa 52001
Invoice For Professional Services June & July 2004
Dubuque Police Department Renovation
City of Dubuque, Police Department 770 Iowa St., Dubuque, IA 52001
563-582-7334
04011
563-589-4410
Architectural Services Interior Desiw¡ Landscape Desiw¡
Contract Amount NTE $8,900.00 (Number does not include reimbursibles)
Cost to Date (Including this Invoice) $8,900.00
Cost
SO.oo
SO.oo
SO.oo
$0.00
Subtotal 50.00
CostlUuit Cost
SO.OO
SO. 10 S3.50
S1.oo SO.OO
SO.36 SO.OO
SO.74
SO.OO
Subtotal $4.24
$906.24
$8,992.16
$9,898.40
Hours
$/Hr
$75.00
$48.00
$42.00
$37.00
To FUlÍ8h Contract
Principal
Design Staff I
Design Staff2
Office Management
Consultants (See Attached Invoice)
0
0
0
Subtotal
Consultants
Contract Amount
Cost to Date (Including this Invoice)
$0.00
$0.00
Cost
S9O2.00
SO.oo
$0.00
$0.00
$0.00
$902.00
Reimbursable Expenses
Cost to Date (Including this Invoice)
$998.40
Uuits
Telephone
Copies
BlueprintslPlots
Mileage
Postage
Mise..
35
0
0
Total Due This Invoice
Amount Due from Previous Invoice
Total Due
Interest at the rate of lI/2%per month will be chorgedfor invoices which
have been unpaid for longer than 30 days from the date of the invoice.
June 23, 2004
Steven Distad Architects IHO Bluff, Suite 102, Dubuque, Iowa 52001
Invoice For Professional Services March - May 2004
Dubuque Police Department Renovation
City of Dubuque, Police Department 770 Iowa St., Dubuque, IA 52001
563-582-7334
03012
589-4410
Architectural Services Interior Desiw¡ Landscape Desiw¡
Contract Amount NTE $8,900.00 (Number does not include reimbursibles)
Cost to Date (Including this Invoice) $7,998.00
Principal
Design Staff I
Design Staff 2
Office Management
Consultants (See Attached Invoice)
Hours
13
0
9
0
$/Hr
$75.00
$48.00
$42.00
S37.00
Subtotal
Consultants
Contract Amount
Cost to Date (Including this Invoice)
$0.00
$0.00
Subtotal
Reimbursable Expenses
Cost to Date (Including this Invoice)
$994.16
Uuits
CostlUuit
Telephone
Copies
BIueprintslPlots
Mileage
Postage
Mise..
H8
105
0
$0.10
S1.oo
$0.36
Tri-State Blueprint
$629.51;30.66; 198.59
Subtotal
Total Due This Invoice
Amount Due from Previous Invoice
Total Due
Invoices are due and payable by the end of the month invoiced.
Invoices not paid within that time period ore subject to 1 112 % interest charge per month.
Cost
S975.00
$0.00
$378.00
SO.oo
SO.OO
$1,353.00
Cost
SO.OO
$0.00
$0.00
SO.OO
$0.00
Cost
S3.86
$11.80
S1O5.oo
$0.00
$0.74
$858.76
$980.16
$2,333.16
$6,659.00
58,992.16
March 26, 2004
Steven DIstad Architects 1110 Bluff, Suite 102, Dubuque, Iowa 52001
Invoice For Professional Services December 2003 - February 2004
Dubuque Police Department Renovation
City of Dubuque, Police Department 770 Iowa St., Dubuque, IA 52001
563-582-7334
03012
589-4410
Architectural Services Interior Desiw¡ Landscape Desiw¡
Contract Amount NTE $8,900.00 (Number does not include reimbursibles)
Cost to Date (Including this Invoice) $6,645.00
Principal
Design Staff I
Design Staff 2
Office Management
Consultants (See Attached Invoice)
Hours
41
0
85
0
$/Hr
575.00
548.00
$42.00
537.00
Subtotal
Consultants
Contract Amount
Cost to Date (Including this Invoice)
$0.00
$0.00
Subtotal
Reimbursable Expenses
Cost to Date (Including this Invoice)
$14.00
Uuits
CostlUuit
Telephone
Copies
BlueprintsIPlots
Mileage
Postage
Mise..
0
14
0
$0.10
$1.00
$0.36
Tri-State Blueprint
Subtotal
Total Due This Invoice
Amount Due from Previous Invoice
Total Due
Invoices are due and payable by the end of the month invoiced.
Invoices not paid within that time period are subject to 1 112 % interest charge per month.
Cost
$3,075.00
$0.00
53,570.00
$0.00
$0.00
56,645.00
Cost
$0.00
50.00
50.00
50.00
$0.00
Cost
$0.00
50.00
$14.00
50.00
$0.00
$0.00
$14.00
56,659.00
$0.00
56,659.00
"
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1997 EDITION
AlA DOCUMENT
8141-1997
. Standard Form of Agreement Between Owner and Architect
with Standard Form of Architect's Services
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 (19)
in the year Two-Thousand and Four
(In words, indicate day, month and year)
day of January
BET WEE N the Architect's client identified as the Owner:
(Name, address and other information)
Dubuque Police Deoartment
City of iJuÖuque lo'H, Ä LC!'-l
PO Box 875
Dubuque, Iowa 52004-0875
'nforcement Center
and the Architect:
(Name, address and other information)
Steven Ulstad Architects
1110 Bluff, Suite 102
Dubuque, Iowa 52001
For the following Project:
(Include detailed description of Project)
Renovation Within Police Department
The Owner and Architect agree as follows.
Copyrighl 1917, 1926. 1948. 1951. 1953. 1958. 1961, 1963. 1966. 1967. 1970. 1974. 1977. 1987, "'997 by The Am.,ican
Institute of Architects, Reproduction of the material herein or substantial quotation of its provisions withoul written
permission of the AlA violates the copyright laws of the United Slates and wiil subject the violator to legal prosecu'
tion.
WARNING, Unli"'n.ed photocopying vIolate. u.S. <opyr'ghl law. and will "bject Ihe violator 10 legal promutlon.
TABLE OF ARTICLES
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE
PARTIES
1.3 TERMS AND CONDITIONS
1.4 SCOPE OF SERVICES AND
OTHER SPECIAL TERMS
AND CONDITIONS
1.S COMPENSATION
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AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue. NW
Washington. D,c. 20006,5292
I
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agreement is based on the following information and assumptions.
(Note the disposition for the foJ/owing items by inserting the requested information or a statement such as "not
applicable," "unknown at time of execution" or "to be determined later by mutual agreement. ")
1.1.2 PROJECT PARAMETERS
1.1.2.1 The objective or use is:
(Identify or describe, if appropriate, proposed use or goals.)
1.1.2.2 The physical parameters are:
(Identify or describe, if appropriate, size, location, dimensions, or other pertinent information,
such as geotechnical reports about the site.)
See the Attached Sketch.
1.1.2.3 The Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
See the attached Sketch.
1.1.2.4 The legal parameters are:
(Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and
restrictions of the site.)
None
1.1.2.5 The financial parameters are as follows.
.1 Amount of the Owner's overall budget for the Project, including the Architect's
compensation, is:
Nope Provided
.2 Amount of the Owner s budget tor the Cost of the Work, excluding the Architect's
compensation, is:
None Provided
1.1.2.6 The time parameters are:
(Identify, if appropriate, milestone dates, durations or fast track scheduling.)
See Attached Proposal.
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identify method such as competitive bid, negotiated contract, or construction management.)
Competitive Bidding
1.1.2.8 Other parameters are:
(Identify special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements.)
None
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institote
of Architects
1735 New York Avenue. Nw.
Washington, D,c. 20006'5292
I
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
(1.ist name, address and other information,)
Kim ß. Wadding, Chief of Police
1.1.3.2 The persons or entities, in addition to the Owner's Designated Representative, who are
required to review the Architect's submittals to the Owner are:
(List name, address and other information.)
City of Dubuque
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address,)
None
1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
Steven DIstad
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
See Attached Proposal
1.1.4
Other important initial information is:
1.1.5 When the services under this Agreement include contract administration services, the
General Conditions of the Contract for Construction shall be the edition of AlA Document A20l
current as of the date of this Agreement, or as follows:
1.1.6 The information contained in this Article 1.1 may be reasonably relied upon by the Owner
and Architect in determining the Architect's compensation. Both parties, however, recognize that
such information may change and, in that event, the Owner and the Architect shall negotiate
appropriate adjustments in schedule, compensation and Change in Services in accordance with
Paragraph 1.3.3.
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
173S New York Avenue. NW,
Washington, D,c. 20006,5292
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall cooperate with one ànother to fulfill their respective
obligations under this Agreement. Both parties shall endeavor to maintain good working
relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information
in a timely manner regarding requirements for and limitations on the Proiect. The Owner shall
furnish to the Architect, within 15 days after receipt of a written request, information necessary
and relevant for the Architect to evaluate, give notice of or enforce lien rights.
1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion
allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the
overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies
included in the overall budget or a portion of the budget, without the agreement of the Architect
to a corresponding change in the Project scope and quality.
1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to
act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated
Representative shall render decisions in a timely manner pertaining to documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in
Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such
services are requested by the Architect and are reasonably required by the scope of the Project.
1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections
and reports required by law or the Contract Documents, such as structural, mechanical, and
chemical tests, tests for air and water pollution, and tests for hazardous materials.
1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing
services, that may be reasonably necessary at any time for the Project to meet the Owner's needs
and interests.
1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes
aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in
the Architect's Instruments of Service.
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants
shall be as enumerated in Article 1.4.
1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. The Architect shall submit for
the Owner's approval a schedule for the performance of the Architect's services which initially
shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be
adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods
of time required for the Owner's review, for the performance of the Owner's consultants, and for
approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule approved by the Owner shall not, except for reasonable cause, be
exceeded by the Architect or Owner.
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AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The Amocican In,titure
of Ar<hitem
1735 New York Avenue. NW
W.,hington. D.C 20006,5292
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
I
The American Institute
of Architects
1735 New York Avenue. N.w.
Washington. D,c. 20006,5292
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.} shall be authorized
to act on the Architect's behalf with respect to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as
confidential by the Owner. unless withholding such information would violate the law. create the
risk of significant harm to the public or prevent the Architect from establishing a claim or defense
in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar
agreements to maintain the confidentiality of information specifically designated as confidential
by the Owner.
1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any
activity, or accept any employment, interest or contribution that would reasonably appear to
compromise the Architect's professional judgment with respect to this Project.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's
services. The Architect shall respond in the design of the Project to requirements imposed by
governmental authorities having jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and
information furnished by the Owner. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services
or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed,
the estimated cost to the Owner of all elements of the Project designed or specified by the
Architect.
1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials
furnished by the Owner and equipment designed, specified, selected or specially provided for by
the Architect, including the costs of management or supervision of construction or installation
provided by a separate construction manager or contractor, plus a reasonable allowance for their
overhead and profit. In addition, a reasonable allowance for contingencies shall be included for
market conditions at the time of bidding and for changes in the Work.
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the
Architect's consultants, the costs of the land, rights,of,way and financing or other costs that are
the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form,
prepared by the Architect and the Architect's consultants are Instruments of Service for use sole,
ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the
authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, including copyrights.
1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive
license to reproduce the Architect's Instruments of Service solely for purposes of constructing,
using and maintaining the Project, provided that the Owner shall comply with all obligations.
including prompt payment of all sums when due, under this Agreement. The Architect shall
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obtain similar nonexclusive licenses from the Architect's consultants consistent with this
Agreement. Any termination of this Agreement prior to completion of the Project shall terminate
this license. Upon such termination, the Owner shall refrain from making further reproductions
of Instruments of Service and shall return to the Architect within seven days of termination all
originals and reproductions in the Owner's possession or control. If and upon the date the
Architect is adjudged in default of this Agreement, the foregoing license shall be deemed
terminated and replaced by a second, nonexclusive license permitting the Owner to authorize
other similarly credentialed design professionals to reproduce and, where permitted by law, to
make changes, corrections or additions to the Instruments of Service solely for purposes of
completing, using and maintaining the Project.
1.3.2.3 Except for the licenses granted in Subparagraph 1.3.2.2, no other license or right shall be
deemed granted or implied under this Agreement. The Owner shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herein to another party without the
prior written agreement of the Architect. However, the Owner shall be permitted to authorize the
Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to
reproduce applicable portions of the Instruments of Service appropriate to and for use in their
execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of
Instruments of Service to meet official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments
of Service for future additions or alterations to this Project or for other projects, unless the Owner
obtains the prior written agreement of the Architect and the Architect's consultants. Any
unauthorized use of the Instruments of Service shall be at the Owner's sale risk and without
liability to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic
form or the Owner providing to the Architect any electronic data for incorporation into the
Instruments of Service, the Owner and the Architect shall by separate written agreement set forth
the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's
consultants, may be accomplished after execution of this Agreement, without invalidating the
Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's
control, or if the Architect's services are affected as described in Subparagraph 1.3.).2. In the
absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing
such services. If the Owner deems that all or a part of such Change in Services is not required, the
Owner shall give prompt written notice to the Architect, and the Architect shall have no
obligation to provide those services. Except for a change due to the fault of the Architect, Change
in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant
to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.9.2 and
Paragraph 1.5.5.
1.3.3.2 If any of the following circumstances affect the Architect's services for the Project,
the Architect shall be entitled to an appropriate adjustment in the Architect's schedule
and compensation:
.1 change in the instructions or approvals given by the Owner that necessitate revisions in
Instruments of Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which
necessitate changes to previously prepared Instruments of Service;
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Ame,;ean In"itute
of Acehitects
1735 New Yolk Avenue, NW
Washington, D,c. 20006-5292
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
I
The American Institute
o! Architects
1735 New York Avenue. NW
Washington, D,c. 20006-5292
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, but not limited to, size, quality, complexity,
the Owner's schedule or budget, or procurement method;
.5 failure of performance on the part of the Owner or the Owner's consultants
or contractors;
.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or
a legal proceeding except where the Architect is party thereto;
.7 change in the information contained in Article 1.1.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to mediation as a condition precedent to arbitration or the institution of legal or
equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out
of the Architect's services, the Architect may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation- or
by arbitration.
1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise, shall be
in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Request for mediation shall be filed in writing with the other party
to this Agreement and with the American Arbitration Association. The request may be made
concurrently with the filing of a demand for arbitration but, in such event, mediation shall
proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending
mediation for a period of 60 days from the date of filing, unless stayed for a longer period by
agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by
mediation in accordance with Paragraph 1.3.4-
1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by
mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall
be in accordance with the Construction Industry Arbitration Rules of the American Arbitration
Association currently in effect. The demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association.
1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute
or other matter in question has arisen. In no event shall the demand for arbitration be made after
the date when institution of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute of limitations.
1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation
or joinder or in any other manner, an additional person or entity not a party to this Agreement,
except by written consent containing a specific reference to this Agreement and signed by the
Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration
involving an additional person or entity shall not constitute consent to arbitration of any claim,
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dispute or other matter in question not described in the written consent or with a person or
entity not named or described therein. The foregoing agreement to arbitrate and other agreements
to arbitrate with an additional person or entity duly consented to by parties to this Agreement
shall be specifically enforceable in accordance with applicable law in any court having jurisdiction
thereof.
1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court having jurisdiction thereof.
1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters
in question arising out of or relating to this Agreement. This mutual waiver is applicable, without
limitation, to all consequential damages due to either party's termination in accordance with
Paragraph 1.3.8.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the
Architect, unless otherwise provided in Paragraph 1.4.2.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA
Document A20l, General Conditions of the Contract for Construction, current as of the date of
this Agreement.
1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act
shall be deemed to have accrued and the applicable statutes of limitations shall commence to run
not later than either the date of Substantial Completion for acts or failures to act occurring prior
to Substantial Completion or the date of issuance of the final Certificate for Payment for acts
or failures to act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when the Architect's services are
substantially completed.
1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner
and the Architect waive all rights against each other and against the contractors, consultants,
agents and employees of the other for damages, except such rights as they may have to the
proceeds of such insurance as set forth in the edition of AlA Document A20l, General Conditions
of the Contract for Construction, current as of the date of this Agreement. The Owner or the
Architect, as appropriate, shall require of the contractors, consultants, agents and employees of
any of them similar waivers in favor of the other parties enumerated herein.
1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants
shall have no responsibility for the discovery, presence, handling, removal or disposal of or
exposure of persons. to hazardous materials or toxic substances in any form at the Project site.
1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the
design of the Project among the Architect's promotional and professional materials. The Architect
. 4a1l be given reasonable access to the completed Project to make such representations. However,
the Architect's materials shall not include the Owner's confidential or proprietary information if
the Owner has previously advised the Architect in writing of the specific information considered
by the Owner to be confidential or proprietary. The Owner shall provide professional credit for
the Architect in the Owner's promotional materials for the Project.
WARNING, Unllcen..d photocopying vlolete, U.S, copY"ght law. and will ,ubje" tha vlolato, to reg, I p",mutlon.
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AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The Ame"can In"ltute
of Mchltect'
173S New yo,k Avenue, NW,
Wa,hington, D,c. 20006-5292
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
I
The American Institute
of Architects
1735 New York Avenue. NW
Washington. D.c. 20006-5292
1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language of such
certificates shall be submitted to the Architect for review at least 14 days prior to the requested
dates of execution. The Architect shall not be required to execute certificates that would require
knowledge, services or responsibilities beyond the scope of this Agreement.
1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of this
Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written
consent of the other, except that the Owner may assign this Agreement to an institutional lender
providing financing for the Project. In such event, the lender shall assume the Owner's rights and
obligations under this Agreement. The Architect shall execute all consents reasonably required to
facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,
such failure shall he considered substantial nonperformance and cause for termination or, at the
Architect's option, cause for suspension of performance of services under this Agreement. If the
Architect elects to suspend services, prior to suspension of services, the Architect shall give seven
days' written notice to the Owner. In the event of a suspension of services, the Architect shall have
no liability to the Owner for delay or damage caused the Owner because of such suspension of
services. Before resuming services, the Architect shall be paid all sums due prior to suspension and
any expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees for the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect
shall be compensated for services performed prior to notice of such suspension, When the Project
is resumed, the Architect shall be compensated for expenses incurred in the interruption and
resumption of the Architect's services, The Architect's fees for the remaining services and the time
schedules shall be equitably adiusted,
1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90
consecutive days, the Architect may terminate this Agreement by giving not less than seven days'
written notice,
1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written
notice should the other party fail substantially to perform in accordance with the terms of this
Agreement through no fault of the party initiating the termination,
1.3.8,5 This Agreement may be terminated by the Owner upon not less than seven days' written
notice to the Architect for the Owner's convenience and without cause,
1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination, together with Reimbursable Expenses
thendue'n~"'-+I ,¡;"C'ICIljAy
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1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall
be made monthly upon presentation of the Architect's statement of services. No deductions shall
be made from the Architect's compensation on account of penalty, liquidated damages or other
sums withheld from payments to contractors, or on account of the cost of changes in the Work
other than those for which the Architect has heen adjudged to be liable.
1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and
include expenses incurred by the Architect and Architect's employees and consultants directly
related to the Project, as identified in the following Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and
subsistence, and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of
Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance
by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the
expense of additional insurance coverage or limits requested by the Owner in excess of
that normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project-related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of
services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of 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, employee retirement plans and
similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. 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. This Agreement comprises the
documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document BI41-1997.
1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA
Document B141-1997, or as follows:
(List other documents, if any, delineating Architect's scope of services,)
1.4.1.3 Other documents as follows:
(List other documents. if any, forming part of the Agreement.)
Proposal by DIstad Architects, 1-8-04
Insurance Certifica te
Sketch of Proposed Renovation Provided by Police Departrnel
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Ame,ican Institute
of Architects
1735 New yo,k Avenue, NW
Washington. D,c. 20006-5292
I
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WARNING, Unlloen.ed photooopying violot.. U.S. oopy,ight law, end will .ubje" the vloloto' to legal pro.ewtlon.
1.4.2 Special Terms and Conditions. Special terms and conditions that modifY this Agreement
are as follows:
The Architect shall provide insU:6ance as set forth in the attached
insurance schedule.
ARTICLE 1.5 COMPENSATION
1.5.1 For the Architect's services as described under Article 1.4, compensation shall be
computed as follows:
Not to Exceed $8,900.00 plus Expenses.
Expenses not to exceed $1,200.00.
See Attached Proposal.
1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the
Architect's compensation shall be adjusted. Such adjustment shall be calculated as described
below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable
manner.
(Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees, if required. Identify specific services to which partic-
ular methods of compensation apply)
See the Schedule of Professional Fees Attach'1c1 to the Attached Proposal.
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed
as a multiple of ( ) times the amounts billed to the
Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.3.9.2, and any other items
included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a
multiple of ( ) times the expenses incurred by
the Architect, and the Architect's employees and consultants.
1.5.5
Other Reimbursable Expenses, if any, are as follows:
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AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The Ame,;can Inslitute
of A"hitects
1735 New York Avenue. Nw.
Washington, D,c. 200D6-5292
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set
forth in this Agreement shall be adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of Zero Dollars
($ 0.00 ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment.
Subsequent payments for services shall be made monthly, and where applicable, shall be in
proportion to services performed on the basis set forth in this Agreement.
1.5.8 Payments are due and payable Within 30 ~ days from the date
of the Architect's invoice. Amounts unpaid After ( 0) days after the
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
1. 5% per Month
(Usury laws and requirements under the Federal'ITlith in Lending Act, similar state and local consumer credit
laws and ather regulations at the Owners and Architect's principal places of business. the location of the Project
and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to
deletions or modifica/ions, and also regarding requirements such as written disclosures or waivers.)
1.5.9 If the services covered by this Agreement have not been completed within
Twelve ( 12 ) months of the date hereof, through no fault of the
Architect, extension of the Architect's services beyond that time shall be compensated as
provided in Paragraph 1.5-2.
This Agreement entered into as of the day and year first written above.
OWNER(Signature)
/~~é ~ l)\c~tJ
ARC HIT E C T (Signature)
(Printed name and title)
Lj~t,~~)\~tJ WL~
(Printed name and title) I
CAUTION, You should sign an original ALA document or a licensed reproduction, Originals contain the AlA logo
printed in red; licensed reproductions are those produced in accordance with the IlIStructions to this document.
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@1997 AlA'"
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
WARNING, Unll""ed photo<opying violates U.S. ,opyright laws and will subje" the violator to legal promutlon,
I
The American Institute
of Architects , I
173S New York Avenue. N.w.
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ARCH 1 TECT
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DES G N
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111 BLUFF, SUI E 102
DU UQUE, IOWA
5 200 1
563 -582 - 7334
FA 557-3142
JANUARY 8, 2004
KIM B. WADDING. CHIEF OF POLICE
DUBUQUE POLICE DEPARTMENT
LAW ENFORCEMENT CENTER
P.O. BOX 875
DUBUQUE, IOWA 52004-0875
RE;
PROFESSIONAL SERVICES
RENOVATION WITHIN POLICE DEPARTMENT
KIM,
THANK YOU TO YOU AND TERRY FOR CONSIDERING OUR FIRM
AND ALSO FOR TAKING THE TIME TO MEET WITH ME
CONCERNING YOUR UP PROPOSED REMODELING TO THE LEe.
AS WE UNDERSTAND THE PROJECT WOULD BE AN REMODELING
TO THE PRESENT BUILDING. THE WORK WOULD INCLUDED
DEMOLITION OF THE STUD WALLS CEILINGS AND FLOORINGS.
THEN THE RECONSTRUCTION OF THE OFFICE AND BRIEFING
AREAS AS SHOWN ON THE SKETCH TERRY PROVIDED TO US.
THE NEW WALLS WOULD BE METAL STUDS AND FINISHES
WOULD INCLUDE BASIC CARPETING & ACOUSTICAL TILE
CEILINGS.
THE PRESENT MECHANICAL AND ELECTRICAL SYSTEMS WOULD
APPEAR TO BE SUFFICIENT SO WE WOULD BE RECONFIGURING
THE EXISTING SYSTEMS FOR THE NEW LAYOUT.
THE SCHEDULE FOR THE WORK IS FOR THE DESIGN TO TAKE
PLACE THIS WINTER WITH CONSTRUCTION ANTICIPATED IN THE
SPRING OF 2004.
FOR THIS PROJECT ULSTAD ARCHITECTS WOULD BE THE
PROJECT LEADER AND THE CONTRACTING BODY. STEVEN
ULSTAD WOULD BE THE PROJECT DIRECTOR. ULSTAD WOULD
DEVELOP ALL DOCUMENTS FOR THE WORK. ULSTAD WOULD
CONSULT WITH GILMOR & DOYLE MECHANICAL & ELECTRICAL
ENGINEERS FROM WATERLOO, IOWA FOR ASSISTANCE WITH
THE BUILDING'S MECHANICAL & ELECTRICAL DESIGNS.. IF YOU
JANUARY 8, 2004
KIM WADDING, CHIEF OF POLICE
PROPOSED RENOVATION WITHIN THE POLICE DEPARTMENT
WOULD DESIRE A GREATER PARTICIPATION OF A MECHANICAL
& ELECTRICAL ENGINEER WE WOULD BE GLAD TO DISCUSS
THAT EXPANSION OF THE CONTRACT.
ULSTAD WOULD WORK WITH YOU TO DEVELOP A DESIGN FOR
THE RENOVATION. ONCE WE HAVE AGREED UPON THE DESIGN
WE WOULD WORK WITH YOU TO DEVELOP DESIGN DEVELOPMENT
AND THEN CONSTRUCTION DOCUMENTS. WE WORK WITH YOU TO
SOLICIT BIDS FOR THE WORK AND TAKE PART IN THE
ADMINISTRATION OF THE CONSTRUCTION THROUGH ON-SITE
OBSERVATIONS OF THE WORK, CONSTRUCTION PROGRESS
MEETINGS, SHOP DRAWINGS, CHANGE ORDERS AND
CERTIFICATION OF PAY REQUESTS.
FOR THE ABOVE WORK ULSTAD WOULD PROPOSE A NOT TO
EXCEED FEE OF $ 8,900 PLUS EXPENSES. WE WOULD CHARGE
THE PROJECT ON AN HOUR BASIS AS DELINEATED ON THE
ATTACHED SCHEDULE OF PROFESSIONAL FEES AND
REIMBURSABLE EXPENSES. REIMBURSABLES INCLUDE
PRINTING, COPIES AND TELEPHONE. WE WOULD ANTICIPATE
THAT PRINTING WOULD BE THE LARGEST EXPENSE AND THAT
HISTORICALLY, THE TOTAL OF EXPENSES WOULD RUN AROUND
10 'Jo OF THE CONTRACT. WE WOULD INVOICE YOU ON A MONTHLY
BASIS.
IF THIS PROPOSAL MEETS WITH YOUR APPROVAL, WE WOULD
DEVELOP AN AlA OWNER-ARCHITECT AGREEMENT FOR THE
PROJECT. ONCE AGAIN, THANK YOU FOR MEETING WITH US AND
CONSIDERING OUR FIRM FOR YOUR UPCOMING PROJECT.
FOR STEVEN ULSTAD ARCHITECTS
~ ~ C'11J
PAGE 2 OF 2
STEVEN ULSTAD ARCHITECTS
S
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ARCH 1 TECT
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LAN SCAPE
III BLUFF,
DU UQUE,
5200 I
-582 - 7334
557-3142
SUI 'E 102
IOWA
January 1,2003
SCHEDULE OF PROFESSIONAL FEES
PROFESSIONAL & TECHNICAL ST AI'?
HOURLY RATES
Principal- Architect
Architectural Staff 1
Architectural StafflI
Office Management
$ 75.00
$ 52.00
$ 45.00
$ 34.00
Hourly rates also apply to travel time.
REIMBURSABLE EXPENSES
RATES
Travel
Long Distance Telephone
Photocopies, In House
Photocopies, Out (if House
B.W. Plots/Lg Format Copies, In House
Color Plots, In House
Blue Printing, Out of House
Postage
Photography
$ 0.30/ mile
Cost
$ 0.10/ copy
Cost
$ 1.001 sheet
$ 5.001 sheet
Cost
Cost
Cost
Accumulated charges will be invoiced in monthly intervals.
Payment in full is expected within 30 days of invoice date.
interest at the rate of 1 1/2% per month will be chargedJor
invoices which have been unpaid for longer than 30 days from the
date of the invoice.
ACORQ,
. PRODUC'R (563)556-0272
Fj!IEDMAN INSURANCE INC.
202 FISCHER BLDG.
P.O. BOX 759
DUBUQUE, IA 52004-0759
IN.UR.D Steven U sta Arc
1110 Bl uff Street
Dubuque Ia 52001
CERTIFICATE OF LIABILITY INSURANCE D~;i(~;/~~;;'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
FAX (563) 556-4425
itects
INSURERS AFFORDING COVERAGE
INSURER A, Continental Western Insurance
INSURERB Swett" Crawford
INSURER C
NAIC#
INSURER D,
INSURER E,
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDrTlON OF ANY CONTRACT OR OTHER OQCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDrTlONB OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
'~!ll' 1'.'1.'!:! TYPE OF INSURANCE POLICY NUMB'R POLICY EFFECTIVE POLICY,XPIRATION LIMITS
~NERAL LIABILITY BOP238587721 12/07/2003 12/07/2004 EACH OCCURRENCE . 100000
~ 3M~ERCIAL GENERAL LIABLITY OAMAGE TO RENTEO . 25000
- CLAIMS MADE [K] OCCUR MED EXP (Any on. ",",00) ' 500
A PERSDNAL' ADU INJURY ' 100000
GENERAL AGGREGATE . 100000
h'LAGG:n~:;APnIPER PRODUCTS - COMP/OP AGG . 100000
POLICY JECT LaC
~TOMOBILE LIABILITY COMBINED SINGLE LMIT .
ANY AUTO (E..",;de"')
e-
~ ALL OWNED AUTOS BaDLY INJURY
.
SCHEDULED AUTOS PMpe~on)
~
f- HIRED AUTOB BaDLY INJURY
.
~ NON-oWNED AUTOS (P., ."'dent)
PROPERTY DAMAGE .
(P., .cddeol)
==rAG' LIABILITY AUTO ONLY - EA ACC",ENT .
ANY AUTO OTHER THAN EAACC '
AUTO ONLY AGG .
=SESS/UMBRELLA LIABILITY EACH OCCURRENCE .
OCCUR 0 CLAMS MADE AGGREGATE .
.
==1 DEDUCTIBLE .
RETENTION . .
WORKERS COMPENSATION AND WC238587821 12/07/2003 12/07/2004 X I ~"J!~!)I;, I DcW'
EMPLOY.RS' LIABILITY E.L EACH ACC"ENT . 10000(
A ANY PROPRIETQRIPARTHERlEXECUTlVE
OFFICERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYE . 1O000(
. ,.e, -"be """M 50000(
SPECIAL PROVISIONS bel~ E,L DISEASE -POLey LIMIT .
~.r~'i"essional Liability EDN320989801 11/22/2003 11/22/2004 $1,000,000
B
O'SCRIPTION OF OPERATIONS /LOCATIONS 'VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 'SPECIAL PROVISIONS
IFICATE
LDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCN NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
The City of Dubuque
1300 Main St.
Dubuque, IA 52001
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@ACORD CORPORATION 1988
ACORD 25 (2001/08)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
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